10:30 AM
Docket 94
Off calendar. Motion resolved by stipulation and order entered on 12/18/18. No appearances are required on 1/8/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
10:30 AM
(Nissan Motor Acceptance Corporation VS Debtors)
Docket 44
No tentative ruling in light of debtors' opposition to the motion. Appearances are required on 1/8/19, but counsel may appear by telephone.
Debtor(s):
Jose M BENITEZ Represented By Douglas A Crowder
Joint Debtor(s):
Cinthia BENITEZ Represented By Douglas A Crowder
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
Levene, Neale, Bender, Yoo & Brill LLP
10:30 AM
Docket 96
Service of the motion is deficient since there is no proof of service on the 20 largest unsecured creditors as required by FRBP 4001(a)(1) and 1007(d).
The motion appears to be a contested matter under FRBP 9014 with respect to the purpose of stay relief to allow the civil contempt proceeding to go forward in state court whether for the purpose of collecting on the judgment and vindicating private rights or for the purpose of effectuating public policy to deter "unprofessional conduct." In re Dingley, 852 F.3d 1143, 1146-1147 (9th Cir. 2017); see also, Kukui Gardens Corp. v. Holco Capital Group, Inc., 675 F.Supp.2d 1016, 1025-1029 (D. Haw. 2009). Most likely, the court will have to set an evidentiary hearing after proper notice is given to creditors.
Appearances are required on 1/8/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
10:30 AM
Docket 31
The court is inclined to grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition in that debtor's opposition was not timely filed at least 14 days before the hearing as required by Local Bankruptcy Rule 9013-1. The opposition was filed on 1/3/19, only 5 days before hearing.
Movant has made a prima facie showing of cause under 11 U.S.C. 362(d)(1) indicating the lack of adequate protection based on the $1,700,000 valuation admitted by debtor in his bankruptcy schedules, the amount of the lien being
$1,534,453.00 and estimated 8% cost of sale of $136,000.00, leaving net equity of $29,547.00, which is being eroded by a long and continuing failure to pay monthly mortgage payments of $7,939.71, debtor has not made monthly mortgage payments for at least 112 months, this bankruptcy case is a Chapter 7 liquidation case, the Chapter 7 trustee has not opposed the motion, apparently determining the lack of net realizable equity for creditors based on movant's valuation, and thus, there is no bankruptcy purpose to keeping the stay in place to administer the asset in this case.
Debtor's opposition is not supported by competent and admissible evidence of valuation. The opinions of valuation in the opposition are not under declaration of penalty of perjury in accordance with 28 U.S.C. 1746(2). The qualifications of the valuation witnesses are not stated in the opposition showing that a qualified expert witness is rendering the opinion. Moreover, there is no scientifically validated method of valuation demonstrated in the valuation opinion, such as based on the sales comparable method of valuation. To the extent that debtor is relying his own opinion as the owner of the subject property, the court accords such opinion little, if any, weight because the opinion is conclusory and not credible unless it is based on
10:30 AM
same critical analysis as an independent real estate appraiser using the sales comparable or other scientifically valid method of valuation. In re Meeks, 349
B.R. 19, 22 (Bankr. E.D. Cal. 2006).
The court is inclined to grant the motion for the reasons set forth in this tentative ruling, but would consider continuing the matter for an evidentiary hearing on valuation if debtor retains an independent real property appraiser who provides a written valuation report based on scientifically valid methods of valuation and is called to testify at the evidentiary hearing and is subject to cross-examination by movant.
Appearances are required on 1/8/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Joseph West Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
(American Honda Finance Corporation VS Debtor)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Pamela Marie Strong Represented By Harriet L. Goldfarb
Trustee(s):
Sam S Leslie (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Aleta Hoffer Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
(The Bank of New York Mellon VS Debtor)
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Azca Props, LLC Represented By Marc A Goldbach
10:30 AM
Docket 20
Because the motion may implicate the automatic stay under 11 U.S.C. 362(a) (1), (3), (4) and/or (6), movant will have to give notice of hearing on the motion pursuant to Federal Rules of Bankruptcy Procedure 4001(a)(1), 9013 and 9014 and Local Bankruptcy Rule 9013-1(o)(2)(B) on debtor and the Chapter 7 trustee and provide copies of the agreement to be authorized to the court and service parties. Appearances are required on 1/8/19, but counsel may appear by telephone.
Debtor(s):
Hector Manuel Garcia Represented By Francis Guilardi
Joint Debtor(s):
Francisca Garcia Represented By Francis Guilardi
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 13
Updated tentative ruling as of 1/7/19. No tentative ruling in light of debtor's opposition to the motion. Appearances are required on 1/8/19, but counsel may appear by telephone.
Prior tentative ruling. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Mary Palolo Anderson Represented By Daniel King
11:00 AM
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 13
No tentative ruling as of 1/7/19. Appearances are required on 1/8/19, but counsel may appear by telephone.
Debtor(s):
Mary Palolo Anderson Represented By Daniel King
Trustee(s):
Heide Kurtz (TR) Pro Se
1:30 PM
Adv#: 2:18-01351 Mover v. Jaurigui
Docket 1
Set a discovery cutoff date of 8/30/19 and a post-discovery status conference on 9/17/19 at 1:30 p.m. A joint status report is due on 9/10/19. Appearances are required on 1/8/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
Jonathan Mover Represented By Steven R Fox
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:18-01352 Swing House Rehearsal and Recording, Inc. v. Jaurigui
Docket 1
Set a discovery cutoff date of 8/30/19 and a post-discovery status conference on 9/17/19 at 1:30 p.m. A joint status report is due on 9/10/19. Appearances are required on 1/8/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
Swing House Rehearsal and Represented By Steven R Fox
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
fr. 8/7/18
Docket 276
Updated tentative ruling as of 1/7/19. No tentative ruling on the merits. Pursuant to the prior scheduling order, discovery was cutoff on 12/31/18. Appearances are required on 1/8/19 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings as to whether the sale is a reasonable exercise of business judgment, and whether the sale satisfies one of the conditions of 11 U.S.C. 363(f), in light of the opposition of the secured lender which is not restricted from claiming a higher amount for its lien due to a purported failure to file a proof of claim and of the original borrowers who were apparently debtor's clients. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
Violation Of Fair Debt Collection Practices Act fr. 5/1/18, 7/10/18, 8/28/18, 10/16/18
Docket 1
Updated tentative ruling as of 1/7/19. Off calendar. Continued by stipulation and order to 3/5/19 at 1:30 p.m. No appearances are required on 1/8/19.
Prior tentative ruling as of 4/30/18. No tentative ruling on the merits. Appearances are required on 5/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. Off calendar. The court on its own motion continues the status conference to 3/20/18 at 3:00 p.m. A separate order is being entered. No appearances are required on 2/27/18.
Prior tentative ruling. The court has reviewed the joint status report and also notes on the case docket that there is a hearing on the motion of defendant JP Morgan Chase Bank, N.A. to dismiss plaintiff's amended complaint on 2/27/18 at 3:00 p.m., which may have an impact on scheduling in this adversary proceeding. Therefore, the court on its own motion continues the status conference to 2/27/18 at 3:00 p.m. to be conducted with the hearing on the motion to dismiss the amended complaint. No appearances are required on 2/13/18.
1:30 PM
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
JPMORGAN CHASE BANK, N.A. Pro Se QUALITY LOAN SERVICE Pro Se
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
1:30 PM
Adv#: 2:18-01035 Grand View Financial, LLC v. Nations Direct Mortgage, LLC et al
fr. 7/17/18, 10/2/18, 10/23/18
Docket 1
Updated tentative ruling as of 1/7/19. Set a discovery cutoff date of 5/31/19 and a post-discovery status conference on 6/25/19 at 1:30 p.m. A joint status report is due on 6/18/19. Appearances are required on 1/8/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/23/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference in light of pending settlement discussions, and the court on its own motion continues the status conference to 10/2/18 at 1:30 p.m. No appearances are required on 7/17/18. Counsel for plaintiff to notify counsel for defendants of the continuance.
Prior tentative ruling. The court has reviewed the joint status report suggesting that the status conference be continued until late May 2018 because the pleadings are not yet at issue. The court continues the status conference on its own motion to 6/5/18 at 1:30 p.m., and a further joint status report must be filed on or before 5/29/18. No appearances are required on 4/10/18. Counsel for plaintiff is to give notice to counsel for defendants.
1:30 PM
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Nations Direct Mortgage, LLC Pro Se
Mortgage Electronic Registration Pro Se Fidelity National Title aka Fidelity Pro Se PennyMac Loan Services, LLC Pro Se
PennyMac Corp. Pro Se
Massachusetts Mutual Life Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01241 Grand View Financial, LLC v. Harold R. Fuhrmann
fr. 10/2/18
Docket 1
Updated tentative ruling as of 1/7/19. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 1/8/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. Appearances are required on 10/2/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Harold R. Fuhrmann Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
(4) for declaratory relief requesting adjudication of pending state court lawsuits fr. 7/17/18, 10/16/18
Docket 1
Updated tentative ruling as of 1/7/19. Off calendar. By order entered on 12/7/18, the status conference has been reset for 1/30/19 at 1:30 p.m. No appearances are required on 1/8/19.
Prior tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Pro Se
Shabnam Mesachi Pro Se
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
1:30 PM
Adv#: 2:18-01327 Walden et al v. Fernandez
Docket 1
The court notes that the parties failed to file a joint status report as required by Local Bankruptcy Rule 7016-1 and the court's order setting initial status conference in adversary proceeding filed and entered on 10/23/18, and such failure may subject the parties to monetary sanctions of $100 each. The parties have not indicated to the court that they have met and conferred as required by Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1. Appearances are required on 1/8/19.
Debtor(s):
Martha Alicia Fernandez Represented By Gary S Saunders
Defendant(s):
Martha Alicia Fernandez Pro Se
Plaintiff(s):
Yvette Walden Pro Se
Guadalupe L Cruz Pro Se
Jose L Cruz Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Docket 31
Updated tentative ruling as of 1/7/19. Appearances are required on 1/8/19.
No tentative ruling as of 10/22/18. Appearances are required on 10/23/18.
Debtor(s):
Cynthia Diane Seten Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:18-01331 USC Credit Union v. Kazmi et al
Docket 1
Off calendar. The court has reviewed plaintiff's unilateral status report noting that default has been entered against defendants. The court on its own motion continues the status conference to 3/26/19 at 1:30 p.m. to allow time for plaintiff to file a motion for default judgment. No appearances are required on 1/8/19.
Debtor(s):
Raza Kazmi Represented By
Richard T Baum
Defendant(s):
Raza Kazmi Pro Se
Maha Rehman Pro Se
Joint Debtor(s):
Maha Rehman Represented By Richard T Baum
Plaintiff(s):
USC Credit Union Represented By
Bruce P. Needleman
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 4/24/18, 5/29/18, 10/23/18
Docket 1
Updated tentative ruling as of 1/7/19. Off calendar. Continued by stipulation and order to 4/9/19 at 2:00 p.m. No appearances are required on 1/8/19.
Prior tentative ruling as of 5/25/18. The court has reviewed the joint status report. Set a discovery cutoff date of 8/30/18, a pretrial conference for 10/23/18 at 2:00 p.m. and a deadline for filing a joint pretrial stipulation on 10/16/18. In the joint pretrial stipulation, the parties will need to address handling a bifurcated trial between claims to be tried before a jury in the district court and claims to be tried by the court in this court. Once the court approves the joint pretrial stipulation, the court will set a date for the court trial of the claims to be tried by this court and will make a referral of the jury triable claims to the district court. Appearances are required on 5/29/18 to discuss scheduling of further proceedings.
Prior tentative ruling as of 2/5/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 2/6/18 to discuss scheduling of further proceedings, including timing of amendment of pleadings, the proposed extended discovery cutoff date and the setting of a pretrial conference, but counsel may appear by telephone. Defendants have demanded a jury trial, but the court will defer referral of the jury triable claims to the district court for jury trial until the pretrial conference which this court will conduct (unless defendant successfully moves the district court to withdraw the reference). Plaintiff's potential postpetition transfer claims are
2:00 PM
core claims within this court's jurisdiction and do not appear to be jury triable.
Prior tentative ruling as of 11/6/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/7/17 to discuss scheduling of further proceedings, including mediation completion, extended discovery cutoff date and trial, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. The court has reviewed the joint status report. No tentative ruling on the merits, but grant joint request to extend the discovery cutoff date to 9/30/17. Appearances are required on 8/29/17 to discuss scheduling of a pretrial conference and the second mediation, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 5/23/17 to discuss scheduling of further proceedings, including extension of discovery cutoff date to 6/30/17 and setting a date for a pretrial conference, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/21/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/3/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes
2:00 PM
Michael Jay Berger
Defendant(s):
Premier Rehabilitation Services, a Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Application for fees and expenses [Carolyn A. Dye, Chapter 7 Trustee]
Docket 29
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 1/8/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Eduardo Molina Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
Application for fees and expenses [Carolyn A. Dye, Chapter 7 Trustee]
Docket 28
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 1/8/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Charmaine Renee McCracken Represented By David Lozano
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
Application for fees and expenses [Keide Kurtz, Chapter 7 Trustee]
Docket 42
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 1/8/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Jose Marin Soriano Equigua Represented By Cynthia Grande
Joint Debtor(s):
Maria Ofelia Soriano Represented By Cynthia Grande
Trustee(s):
Heide Kurtz (TR) Pro Se
2:30 PM
Docket 50
Grant trustee's motion objecting to claims numbers 18 and 19 for the reasons stated in the moving papers and for lack of timely written opposition and disallow the claims as timely filed claims, but allow such claims as tardily filed claims which may be entitled to a distribution pursuant to 11 U.S.C. 726(a)(3). Appearances are required on 1/8/19, but counsel may appear by telephone.
Debtor(s):
Marvin Abel Sican Roca Represented By Daniel King
Joint Debtor(s):
Angelica Maria Rodriguez Represented By Daniel King
Trustee(s):
Wesley H Avery (TR) Represented By Zi Chao Lin
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 35
Off calendar. Continued on the court's own motion to 3/12/19 at 2:30 p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Docket 129
Deny creditor's motion seeking approval for debtors to pay postpetition payments to the state court discovery referee because creditor lacks standing to seek such relief and has not cited proper legal authority for such relief.
Creditor lacks standing to compel debtors to incur administrative expense on behalf of the estate, which is governed by 11 U.S.C. 363. Here, debtors are not seeking to incur such expense through use of estate property under 11
U.S.C. 363. 11 U.S.C. 105(a), 1107 and 1108 do not support creditor's motion because 11 U.S.C. 105(a) is not "a roving commission to do equity or to do anything not consistent with the Bankruptcy Code," In re Van Ness, 399
B.R. 897, 903 (Bankr. E.D. Cal. 2009), citing inter alia, Norwest Bank Worthington v. Ahlers, 485 U.S. 197, 206 (1988), and 11 U.S.C. 1107 and 1108 relate to the rights and powers of debtors in possession, not of creditors, to act on behalf of the estate. It may be that the state court might compel debtors to pay the referee's fees in the state court litigation, which may not be subject to the automatic stay, but the court need not decide that issue now. See In re Dingley, 852 F.3d 1143, 1146-1149 (9th Cir. 2017). The court does not agree with debtors' argument that the motion should be denied because the state court referee has not been employed as an estate professional under 11 U.S.C. 327 subject to the compensation rules of 11
U.S.C. 330 because the state court and its officers, including the referee, are acting under color of state law in proceeding in the state court litigation for which stay relief has been granted. Appearances are required on 1/8/19, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
2:30 PM
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
2:30 PM
Adv#: 2:18-01253 Shabpareh v. NELNET EDUCATION LOAN NETWORK dba NELNET,
Docket 21
Defendant Nelnet moves to vacate default judgment pursuant to Federal Rules of Civil Procedure 55 and 60. However, only Rule 55 is applicable since only default, and not default judgment, has been entered. In order to set aside default on the ground of "good cause" under Federal Rule of Bankruptcy Procedure 55, making Federal Rule of Civil Procedure 55(c) applicable to this adversary proceeding, defendant must show good cause that his neglect in not responding to the complaint timely was excusable based on all the relevant circumstances, including whether there would be prejudice to the nondefaulting party, whether the defaulting party has a meritorious defense and whether the defaulting party has engaged in culpable conduct. 1 O’Connell, Stevenson and Phillips, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, ¶6:139 – 6:142 at 6-40 – 6-42 (2018), citing inter alia, Franchise Holding II, LLC v. Huntington Restaurants Group, Inc., 375 F.3d 922, 925-927 (9th Cir. 2004). While Nelnet's conduct in not responding to the complaint timely was culpable due to its negligence in handling its mail internally, having received the summons and complaint with sufficient time to respond, the other two factors outweigh the culpability factor to warrant relief. First, Nelnet appears to have a meritorious defense in that it is only the servicer of the loan and not the holder of the beneficial interest, and thus, any relief granted to plaintiff as to Nelnet is ineffective in discharging the loan debt. Second, there is no prejudice to plaintiff in granting relief because if Nelnet is right about it only being the servicer, any judgment obtained by plaintiff against it is worthless and void because it is not the holder of the beneficial interest in the loan. Thus, it would make sense to allow Nelnet to defend and test its defense of lack of interest in the loan, so that plaintiff can sue the proper party defendant, which appears to be the Department of Education as alleged by Nelnet. Appearances are required on 1/8/19, but counsel may appear by telephone.
2:30 PM
Debtor(s):
Melody Shabpareh Represented By
Thomas E Brownfield
Defendant(s):
NELNET EDUCATION LOAN Represented By Jonathan C Sandler
Plaintiff(s):
Melody Shabpareh Represented By
Thomas E Brownfield
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Docket 11
Off calendar. The court withdraws the order to show cause and vacates the hearing because debtor has complied with Federal Rule of Bankruptcy Procedure 1006(b) and paid the fee. No appearances are required on 1/8/19.
Debtor(s):
Marcela Nicole Ticas Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:00 AM
fr. 12/14/18
Docket 136
Since it appears that there is a dispute between the parties in interest regarding whether the professional fee carveout would work a subordination of GemCap's second priority lien in the real property collateral or a dilution of the claims of other priority claimants, such as reclamation creditor Associated Feed & Supply Co., Inc. , it would be helpful to the court if the stipulating parties indicate where in the record are the facts showing the equity to which first priority Great Rock's lien attaches in the real property collateral, and the lien amount. Alternatively, the court might schedule a short proveup hearing to establish the value of the equity subject to Great Rock's first priority lien in the real property collateral to show the alleged lack of impairment of GemCap's lien or dilution of other priority claimants such as Associated Feed & Supply. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:00 AM
fr. 11/30/18, 12/6/18, 12/14/18
Docket 104
Updated tentative ruling as of 1/7/19. Off calendar. Motion withdrawn by notice filed on 12/21/18, No appearances are required on 1/9/19.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/14/18, but counsel may appear by telephone.
No tentative ruling as of 12/3/18. Appearances are required on 12/6/18, but counsel and applicant may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
11:00 AM
fr. 12/5/18, 12/12/18, 12/19/18
Docket 229
Revised tentative ruling as of 1/8/19. Off calendar. Continued by stipulation and order to 1/30/19 at 11:00 a.m. No appearances are required on 1/9/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
fr. 12/5/18, 12/12/18, 12/19/18
Docket 232
Revised tentative ruling as of 1/8/19. Off calendar. Continued by stipulation and order to 1/30/19 at 11:00 a.m. No appearances are required on 1/9/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
Docket 244
Revised tentative ruling as of 1/8/19. Off calendar. Continued by stipulation and order to 1/30/19 at 11:00 a.m. No appearances are required on 1/9/19.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
Docket 123
Revised tentative ruling as of 1/8/19. Off calendar. Continued by stipulation and order to 1/30/19 at 11:00 a.m. No appearances are required on 1/9/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits, but debtor will need to address the notice of delinquency filed by the United States Trustee and to state when he will be filing a motion for entry of final decree. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits.
11:00 AM
Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Updated tentative ruling as of 2/12/18. The court has reviewed debtor's status report. Debtor will need to address the notice of delinquency in filing United States Trustee reporting requirements filed on 1/2/18. Appearances are required on 2/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/11/17. Appearances are required on 9/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/10/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 10/17/16. The court has reviewed debtor's status report and declaration and exhibits attached thereto. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Debtor to explain whether the checks attached to his declaration filed on 9/16/16 have brought the plan entirely current. Appearances are required on 9/21/16,
11:00 AM
but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/7/16. Appearances are required on 3/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 2/1/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 2/3/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/23/15. The court has reviewed debtor's post- confirmation status report. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/25/15. Appearances are required on 8/26/15, but counsel may appear by telephone.
Prior tentative ruling as of 4/13/15. Off calendar. The court has reviewed debtor's post-confirmation status report and sets a further status conference on its own motion to 8/26/15 at 11:00 a.m. A further status report is due 8/21/15. No appearances are required on 4/15/15.
Prior tentative ruling as of 1/26/15. Off calendar. The court has reviewed debtor's post-confirmation status report and continues the status conference on its own motion to 4/15/15 at 11:00 a.m. A further status report is due 4/8/15. No appearances are required on 1/28/15.
Prior tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 7/21/14. Appearances are required on 7/23/14, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 7/8/14. No tentative ruling on the merits. Appearances are required on 7/9/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's post-confirmation status report and continues the status conference to 5/7/14 at 11:00 a.m. No appearances required on 11/6/13, but a further status report is due on 4/30/14.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E Mcgoldrick
11:00 AM
Docket 298
Updated tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to report on the status of plan performance, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/18. No tentative ruling on the merits. Appearances are required on 4/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 6/13/17. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/13/16. No tentative ruling on the merits, but debtor should address why a postconfirmation status report was not timely filed as ordered by the court on 10/18/16. Appearances are required on 12/14/16, but counsel may appear by telephone.
Debtor(s):
Elbiali Ismail Osman Represented By
Carlos F Negrete - INACTIVE - Alan W Forsley
Robert G Uriarte Raymond H. Aver
11:00 AM
Docket 118
Updated tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 10/17/18. The court retracts its tentative ruling of 10/16/18 because it has authorized debtors to respond orally to the supplemental brief of creditors by time of continued hearing, and to file a written response. Appearances are required on 10/17/18, but the prior tentative ruling on 10/15/18 remains the same.
Updated tentative ruling as of 10/16/18. Debtors filed a surreply brief and request for judicial notice of new matters on 10/15/18, which are not authorized under the court's local rules and for which debtors did not request leave of court to file, and the court will disregard these papers for purposes of the hearing on 10/17/18. Creditors need not respond to debtors' surreply or request for judicial notice at the hearing on 10/17/18, though the court might consider them as debtors' trial brief for the trial that will be set on this contested matter. Otherwise, the court's tentative ruling posted on 10/10/18 will apply.
Prior tentative ruling as of 10/15/18. The court will treat the hearing as a status conference because there are material factual disputes raised by the motion which is a contested matter under Federal Rule of Bankruptcy Procedure 9014 relating to debtors' good faith in filing this case which require an evidentiary hearing to resolve. The court will schedule an evidentiary hearing at the status conference, and the court requests that counsel appear telephonically rather than appear in person to minimize litigation costs.
11:00 AM
Regarding the contentions of debtors, the court is of the view that the motion is not untimely and there is no bar of laches because it seems that at any time in this case, parties in interest can move for dismissal, particularly, preconfirmation, that the motion is not a litigation tactic by creditors to gain advantage in the state court, and that debtors can reorganize and confirm a plan is not an undisputed fact and remains to be seen.
Regarding the contentions of creditors, the court is of the view that debtors could propose a confirmable plan through a combination of income and asset sales, particularly as creditors acknowledge that debtors have property equity of over $1.1 million to fund a plan, that denial of confirmation of the currently proposed plan does not necessarily mean that debtors could not later propose an amended plan that is confirmable, that creditors' opposition to a plan does not necessarily mean that a plan absolutely be confirmed under the cramdown standards of 11 U.S.C. 1129(b), provided that debtors find a way to meet the requirements of the absolute priority rule or qualify for an exemption to the rule, and that whether this is a two-party dispute is a disputed issue of material fact relating to good faith of debtors in filing this case.
If creditors are pressing their motion, the court will ask them for dates for an evidentiary hearing on the disputed material issues of fact, or these issues can be litigated in connection with plan confirmation relating to the disclosure statement and proposed plan now pending.
Appearances are required on 10/17/18, but counsel may and should appear by telephone.
Prior tentative ruling as of 9/17/18. Appearances are required on 9/19/19, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
11:00 AM
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
fr. 9/19/18, 10/17/18, 11/7/18
Docket 116
Updated tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. The court is inclined to trail the hearing on the application to employ until the court rules on creditor's motion to dismiss. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion continues the hearing on the application to employ special litigation counsel to the date and time of the hearing on creditor's motion to dismiss the bankruptcy case on 9/19/18 at 2:30 p.m. as a status conference on the application. Most likely, creditor's motion to dismiss is a contested matter under FRBP 9014 and may require an evidentiary hearing which the court will set at the hearing on 9/18/18, and the hearing on the employment application will trail the hearing on the motion to dismiss since granting of the motion to dismiss will moot out the application. No appearances are required on 8/29/18. Debtor to notify applicant of the continuance.
11:00 AM
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
fr. 11/7/18
Docket 135
Updated tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of disclosure statement because: (1) insufficient legal justification for separately classifying business and "consumer" unsecured claims; (2) insufficient justification for property valuations set forth in liquidation analysis; (3) insufficient justification for 30% capital gains tax burden in liquidation analysis. Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
11:00 AM
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
Docket 1
Updated tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. The court has reviewed debtor's status report indicating that debtor and creditor Oggi's Pizza & Brewing Co. have indicated a willingness to ask a settlement conference before a judicial officer. The court was thinking of asking Visiting Bankruptcy Judge Gregg Zive to act as a settlement judge because in the court's view, he would have the ideal temperament for this case, and he may be available in early December or early February to conduct a settlement conference. Otherwise, no tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court has reviewed debtors' status report, and the court is inclined to set a further status report in 90 days. No tentative ruling on the merits. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No
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tentative ruling on the merits. Appearances are required on 11/15/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
11:00 AM
Adv#: 2:17-01455 Oggi's Pizza and Brewing Company v. Bodeau et al
fr. 7/17/18, 10/23/18, 11/7/18
Docket 1
Updated tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. Off calendar. At the hearing on creditor's motion to dismiss on 10/17/18, the court continued the pretrial conference to 11/7/18 at 11:00 a.m. as a status conference. No appearances are required on 10/24/18.
Prior tentative ruling as of 7/16/18. The court has reviewed the joint status report. Appearances are required on 7/17/18 to discuss the status of the mediation, timing of expert witness discovery and scheduling of pretrial conference and trial. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. The court has reviewed the joint status report. Set a discovery cutoff date of 6/30/18 and a further postdiscovery status conference for 7/17/18 at 1:30 p.m. with a joint status report due on 7/10/18. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 1/31/18 and complete mediation by 7/17/18. Appearances are required on 12/5/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
11:00 AM
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/3/17, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush
Defendant(s):
Paul Bodeau Pro Se
Sandra Bodeau Pro Se
Kevin Michael Bodeau Pro Se
Bodeau Enterprises Pro Se
DOES 1-50 Pro Se
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
Plaintiff(s):
Oggi's Pizza and Brewing Company Represented By
Louis H Altman
11:00 AM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 20
Off calendar. Continued on the court's own motion to 2/12/19 at 2:30 p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Represented By
William Charles Tanenbaum
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
11:00 AM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 15
Updated tentative ruling as of 1/7/19. Off calendar. Continued on the court's own motion to 2/12/19 at 2:30 p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Prior tentative ruling. Grant plaintiff's motion for default judgment for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 10/16/18
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
11:00 AM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 1
Updated tentative ruling as of 1/7/19. Off calendar. Continued on the court's own motion to 2/12/19 at 2:30 p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Prior tentative ruling as of 10/22/18. Off calendar. The court on its own motion continues the status conference to 11/27/18 at 2:30 p.m. to be conducted with the continued hearing on plaintiff's motion for default judgment and defendant's motion to set aside default. No appearances are required on 10/23/18.
Prior tentative ruling. Given the severity of the circumstances of turnover in the circumstances of this case, if plaintiff seeks judgment against defendants (meaning eviction of defendants from their residence which they had conveyed to plaintiff for it to perform certain services to save their home from foreclosure in exchange for rent payments and shared equity arrangements, which defendants allegedly defaulted), the court will order that plaintiff serve any dispositive motion on defendants by personal delivery. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
11:00 AM
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
11:00 AM
Docket 85
Treat the motion as a contested matter because there are disputed issues of material fact whether cause exists for appointment of a Chapter 11 trustee under 11 U.S.C. 1104(a). The court will set a litigation schedule of pretrial and trial proceedings, including discovery, at the hearing, which will be treated as a status conference. Counsel should discuss their pretrial needs with each other before the hearing. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Azca Props, LLC Represented By Marc A Goldbach
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
11:30 AM
fr. 11/14/18, 12/5/18, 12/19/18
Docket 180
Updated tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Prior tentative ruling as of 12/17/18. No tentative ruling will be issued for the evidentiary hearing on creditor's motion to convert case to Chapter 7.
Appearances are required on 12/19/18.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/19/18 at 1:30 p.m. No appearances are required on 12/5/18.
Prior tentative ruling. Overrule evidentiary objections of debtor to Polis declaration. The court is inclined to order debtor to file a written outline of how this case will reorganize with an estimated timetable by 11/21/18 and set a further and separate hearing on the motion on 11/28/18 at 10:00 a.m. to discuss the status of debtor's reorganization efforts. Debtor's opposition really did not show much in the way of the presence of a reasonable likelihood of reorganization to persuade the court to deny the motion at the hearing on 11/14/18, which is somewhat disconcerting, given the age of this case, now approaching its one year anniversary on 11/30/18. The court thinks debtor must make some showing of a reasonable likelihood of a
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confirmable plan within a reasonable period of time, or otherwise it might be convinced to grant the motion. Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
1:30 PM
fr. 11/28/18, 12/5/18, 12/12/18
Docket 337
Updated tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
No tentative ruling as of 11/27/18. Appearances are required on 11/28/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Docket 67
Revised updated tentative ruling as of 1/8/19. The court is still deliberating on the motion after the evidentiary hearing, but intends to announce its ruling by the deadline of 1/18/19. No tentative ruling on the merits. The court expects to continue the hearing to 1/16/19 at 11:00 a.m. at which time other matters in this case are noticed for hearing. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior Updated tentative ruling as of 10/22/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 10/25/18.
Revised tentative ruling as of 10/1/18 at 6:00 p.m.:
Treat motion to assume lease as a contested matter under FRBP 9014 because there are disputed issues of material fact that may require an evidentiary hearing to resolve (including debtor's status as tenant in fact as opposed to being listed on the lease, whether landlord validly invoked the recapture provisions of the lease, whether debtor has the ability to perform the lease if assumed) and treat hearing as a status conference to schedule further pretrial and trial proceedings. See In re Gentile Family Industries, 2014 WL 4091001 (9th Cir. BAP 2014)(acknowledging but not deciding whether the Ninth Circuit's decision in In re G.I. Industries, Inc., 204 F.3d 1276 (9th Cir. 2000), citing, In re Orion Pictures Corp., 4 F.3d 1095 (2nd Cir. 1993), should be broadly or narrowly construed; see also, In re Miller, 2016 WL 1316763 (Bankr. D. Mont. 2016)(narrowly construing G.I. Industries to rejection of an executory contract or lease). The court is inclined to agree with Debtor that the applicable rule is the two-step analysis for determining whether a lease may be assumed under 11 U.S.C. 365 set forth in In re Waterkist Corp. 775 F.2d 1089 (9th Cir. 1985) and In re Windmill Farms, Inc.,
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841 F.2d 1467 (9th Cir. 1988). Landlord argues that G.I. Industries, following Orion Pictures, having a circumscribed view of the analysis of a motion to assume or reject a contract applies here, but that would mean that G.I. Industries impliedly overruled the two-part rule in Waterkist Corp. Landlord argues that G.I. Industries governs because it is a later pronouncement by the circuit, but that may not be right because it generally takes an en banc panel decision to overrule the case precedent of a prior circuit panel and arguably, the two-part rule involves a narrow, specific issue of lease assumption rather than general issue of assumption or rejection of executory contracts, and thus, the specific takes precedence over the general. The court hesitates to reach a conclusion on whether Waterkist was overruled by G.I. Industries in some fashion since this has not been adequately briefed by the parties and the court's research is preliminary and incomplete. However, the state of the case law in the circuit may be in flux as shown by the BAP's unpublished decision in Gentile Family Industries referring both to G.I. Industries and Windmill Farms, but not to the two-rule rule specifically. Since the motion for the assumption of the lease is important to the parties, and perhaps decisive of debtor's reorganization prospects, it makes sense to decide the motion in a contested matter to resolve factual issues. The court understands Landlord prefers deciding the contract dispute issues in state court as indicated in its stay relief and remand motions, but it seems that the court has jurisdiction to decide such issues in a contested matter or adversary proceeding related to lease assumption. The court's approach in In re Belasco Unlimited Corp., No. 2:14-bk-26546-BR Chapter 11 (Bankr. C.D. Cal., findings of fact and conclusions of law after evidentiary hearing on motion to assume lease, filed and entered on April 8, 2015) is illustrative and is consistent with the holding in Gentile Family Industries.
Tentative rulings on TMC Realty, Inc.'s evidentiary objections to the declaration of Alan Nathan:
Objection #1 (page: line(s) 37:6-10): Overrule.
Objection #2 (39:13-15): Overrule.
Objection #3 (39:19-21): Sustain - lack of foundation. Objection #4 (39:25-26): Sustain - lack of foundation. Objection #5 (40:6-10): Sustain - improper opinion.
Objection #6 (40:18-22): Sustain as to phrases "In contravention of the
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Lease" and "improperly and prematurely"- improper opinion, otherwise overrule.
Objection #7 (40:25-27): Sustain - lack of foundation, improper opinion. Objection #8 (41:15-17): Sustain - lack of foundation, improper opinion. Objection #9 (41:26-27): Sustain - improper opinion.
Objection #10 (42:13-17): Sustain - improper opinion.
Objection #11 (43:21-23): Sustain as to phrase "and gave express consent for the Debtor to possess and operate at the Premises under the Lease" - improper opinion, otherwise overrule.
Objection #12 (44:13-16): Sustain - improper opinion. Objection #13 (44:17-21): Sustain - improper opinion. Objection #14 (44:22-26): Sustain - improper opinion. Objection #15 (46:21-47:2): Sustain - improper opinion.
Objection #16 (48:14-18): Sustain as to sentence, "As sest forth above, the Debtor's financial problems were precipated, in-part, by the Landlord's demand and actions to prematurely and improperly terminate the Lease." - improper opinion. Sustain as to sentences, "However, Debtor is operating profitably. Attached as 'Exhibit 14 hereto is the Debtor's projection of income and expenses through September 30, 2023. These projections show that the Debtor can satisfy its future obligations under the Lease." - lack of foundation.
The court comments that Mr. Nathan's improper opinions are disguised arguments which are not relevant and best left to counsel in briefing and that Debtor will need to provide a factual foundation for Mr. Nathan's testimony about the preparation of the Debtor's financial projections (i.e., describing who made the projections, what data was relied upon for the projections and what reasonable assumptions were made for such projections).
Appearances are required on 10/3/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
1:30 PM
fr. 9/11/18, 10/3/18, 10/25/18
8800 Sunset Boulevard
West Hollywood, California 90069
Ground Floor Restaurant Space and Adjacent Patio (aka Estrella)
Docket 35
Updated tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these factors are closely related to those that a bankruptcy court must consider in deciding to exercise permissive abstention under 28 U.S.C. §1334( c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
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The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay relief. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). The Landlord’s unlawful detainer action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed unlawful detainer action of Landlord was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to Landlord’s state law claim.
The difficulty or unsettled nature of the applicable law. This factor is neutral because the Landlord’s unlawful detainer action does not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because Landlord’s unlawful detainer action was filed in state court and a trial date
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was set in that action, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms
v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors stay relief because Landlord’s unlawful detainer is noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). (Landlord has not filed a proof of claim which would be a core proceeding relating to the same substantive claim. In re Thorpe Insulation Co., 671 F.3d 1011, 1021 (9th Cir. 2012). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Landlord’s unlawful detainer action could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. § 1334 to determine Debtor’s motion to assume the lease pursuant to 11
U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor is not able to assume the lease, Debtor will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Landlord’s unlawful detainer action as stated above is noncore. However, as also noted above, the outcome of the unlawful detainer action which is related to the lease will have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay relief because the unlawful detainer action and the bankruptcy law matter of lease assumption are interrelated.
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The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the unlawful detainer action to this court after a trial was set in state court in that action.
The existence of a right to a jury trial. This factor does not favor stay relief. Landlord does not have a right to jury trial on its unlawful detainer action or on Debtor’s intended lease assumption motion.
The presence in the proceeding of nondebtor parties. This factor does not favor stay relief since Debtor and Landlord are the only parties involved in these actions.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of the unlawful detainer action will substantially impact Debtor’s ability to effectively reorganize and that litigation of the removed action and related bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d at
1022-1023.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
1:30 PM
fr. 9/11/18, 10/3/18, 10/25/18
TMC Realty, LLC v. 8800 Sunset, LLC and 8800 LLC LASC Case Number SC129282
Docket 34
Updated tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these factors are closely related to those that a bankruptcy court must consider in deciding to exercise permissive abstention under 28 U.S.C. §1334(c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
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The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay relief. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). Debtor's breach of lease action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed breach of lease action of Debtor was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to the lease.
The difficulty or unsettled nature of the applicable law. This factor is neutral because Debtor's breach of lease action does not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because Debtor's breach of lease was filed in state court, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms v. International Brotherhood of Teamsters, etc.,
1:30 PM
124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors stay relief because Debtor's breach of lease claims are noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Debtor’s breach of lease action could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. §1334 to determine Debtor’s motion to assume the lease pursuant to 11 U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor's claims are related to its intended motion to assume the lease, without which it will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Debtor's breach of lease action as stated above is noncore. However, as also noted above, the outcome of this action which is related to the lease may have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay relief because Debtor's breach of lease action and the bankruptcy law matter of lease assumption appear to be interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This
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factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the breach of lease action to this court after a trial in Landlord's related unlawful detainer action was set in state court.
The existence of a right to a jury trial. This factor favors stay relief. Landlord probably has a right to a jury trial on Debtor’s breach of lease action against it, though Landlord can exercise any rights to a jury trial in that action pursuant to Fed. R. Bankr. P. 9015 and Fed. R. Civ. P. 38(b).
The presence in the proceeding of nondebtor parties. This factor does not favor stay relief since Debtor and Landlord are the only parties involved in the removed action.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of Debtor's breach of lease claims may substantially impact Debtor’s ability to effectively reorganize because it is related to its bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d 1011, 1022-1023 (9th Cir. 2012).
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
1:30 PM
Docket 1
Updated tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. No tentative ruling on the merits. Appearances are required on 9/12/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik
1:30 PM
Adv#: 2:18-01237 TMC Realty, LLC v. 8800 Sunset LLC et al
Docket 1
Updated tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No tentative ruling as of 9/10/18. Appearances are required on 9/11/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
8800 Sunset LLC Represented By Jeffrey S Kwong Martin J Brill David B Golubchik
8800 LLC Represented By
Jeffrey S Kwong
1:30 PM
Martin J Brill David B Golubchik
Plaintiff(s):
TMC Realty, LLC Pro Se
1:30 PM
Docket 10
Updated tentative ruling as of 1/7/19. Off calendar. The court vacated the hearing and withdrew the order to show cause after debtor filed his certificate of credit counseling. No appearances are required on 1/9/19.
Prior tentative ruling as of 10/22/18. While debtor has filed a certificate of completion of financial management course, he still has not filed a certification of completion of credit counseling, which is a separate requirement. Appearances are required on 10/23/18.
No tentative ruling as of 9/10/18. While debtor has filed a certificate of completion of financial management course, he still has not filed a certification of completion of credit counseling, which is a separate requirement. Appearances are required on 9/11/18.
Debtor(s):
John Donald Marshall Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
Docket 161
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Gina A Alexander Represented By
James Geoffrey Beirne
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
(AmeriCredit Financial Services, Inc. dba GM Financial VS Debtor)
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jose D Ramirez Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
fr. 12/18/18
ACTION IN NON-BANKRUPTCY FORUM RE: 3217 Acalanes Avenue,
Lafayette, California
Docket 348
Updated tentative ruling as of 1/14/18. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and 105(a) to pursue non-bankruptcy remedies and for in rem relief for reasons stated in the moving papers that debtor and prior borrowers purported to encumber the subject property to delay and hinder the prior lender who foreclosed on the property, that movant was the bona fide purchaser at the foreclosure sale, that the filing of debtor's bankruptcy petition may have the effect of delaying or hindering movant's right to possession of the subject property and that it would be an abuse of judicial process for the automatic stay in this case to delay or hinder movant's right to possession of the subject property, and for lack of opposition by debtor, except as to a finding that it filed the bankruptcy case in bad faith, a finding that any claims in the state court litigation are nondischargeable or a finding that movant has an allowed claim in this case.
As to debtor's limited opposition, the court does not make a finding that the debtor filed this bankruptcy case in bad faith, the court does not make any finding that any claims in the state court litigation are nondischargeable and the court does not make a finding that movant has an allowed claim in this case.
Movant's requests for extraordinary relief in paragraphs 7 and 8 of the prayer for relief in the motion are denied because there are no reasonable bases in fact and law for requesting such relief here. See In re Van Ness, 399 B.R.
11:00 AM
897 (Bankr. E.D. Cal. 2009). With respect to movant's request for stay annulment, the court denies the request because although movant recites the relevant factors stated in In re Gasprom, Inc., 500 598, 607 (9th Cir. 2013), it does not show how such factors apply to this case by discussing the particular facts of this case and how they relate to these factors, specifically, whether movant knew of the stay but nonetheless took action, and how quickly movant moved for annulment, and after learning of the bankruptcy, whether movant proceeded to take steps in continued violation of stay or whether it moved expeditiously to gain relief, weighing of the extent of prejudice to movant or third parties if stay relief is not made retroactive. It is not clear why stay annulment is needed here because movant obtained a writ of possession prepetition, which is not in violation of stay in this case, and apparently just needs to enforce its writ. Movant has not explain what acts it took in violation of stay that it needs stay annulment to validate. As to seeking retroactive annulment to 6/20/16 before the filing of this case on 8/17/17, the court lacks jurisdiction to annul a stay that did not exist before this case, and to the extent that movant is seeking an order of this court to invalidate a stay in another case not before this court, the court lacks jurisdiction to do so.
Movant's claim for stay relief under 11 U.S.C. 362(d)(4) is denied because a purchaser at a foreclosure sale like movant lacks standing to seek in rem relief under 11 U.S.C. 362(d)(4). In re Ellis, 523 B.R. 673, 678-680 (9th Cir. BAP 2014).
The 14-day waiting period under FRBP 4001(a)(3) is waived.
Appearances are required on 1/15/19, but counsel may appear by telephone.
Prior tentative ruling. The court does not see the factual and/or legal bases for movant's requests for extraordinary relief in paragraphs 7 and 8 of the prayer for relief in the motion, and the court will require movant to file a supplemental brief to show that there are reasonable bases in fact and law for requesting such relief. See In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal.
2009).
Movant does not provide the legal and/or factual support for the request for
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extraordinary relief in paragraph 7 requesting any stay relief order is binding and effective in any future bankruptcy case, no matter who the debtor is.
There is persuasive contrary authority not addressed in the moving papers. In re Van Ness, 399 B.R. at 905-907.
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 8 requesting retroactive relief as to all bankruptcy cases filed affecting the property retroactive to 6/20/16, which raises procedural due process issues for the court purporting to act in other bankruptcy cases.
Movant does not provide the legal and/or factual support for the request for retroactive stay annulment because it has failed to show that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met.
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 8 requesting in rem stay relief under 11
U.S.C. 362(d)(4). There is persuasive, if not controlling, contrary authority not addressed in the moving papers indicating that a purchaser at a foreclosure sale like movant lacks standing to seek in rem relief under 11 U.S.C. 362(d) (4). In re Ellis, 523 B.R. 673, 678-680 (9th Cir. BAP 2014).
In order for the court to grant extraordinary relief requested by movant, the court will need to determine that there are factual and legal bases for such relief, which are not evident in the motion. The supplemental brief will be due on 1/8/19, one week before a continued hearing on 1/15/19 at 11:00 a.m.
The court would consider granting in rem relief under 11 U.S.C. 362(d)(1) and 11 U.S.C. 105(a) on a prospective basis only, but movant may be able to show entitlement to retroactive stay annulment relief as discussed above. The court does not make a finding that the petition was filed in bad faith for lack of sufficient evidence or that the claims are nondischargeable because stay relief proceedings are summary in nature and do not go to the merits of the claims. Otherwise, no tentative ruling on the merits.
11:00 AM
Appearances are required on 12/18/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
11:00 AM
fr. 12/18/18
REAL PROPERTY RE: 3217 Acalanes Avenue, Lafayette, California
Docket 349
Updated tentative ruling as of 1/14/18. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (d)(2) 105(a) to pursue non-bankruptcy remedies and for in rem relief for reasons stated in the moving papers that debtor and prior borrowers purported to encumber the subject property to delay and hinder the prior lender who foreclosed on the property, that movant was the bona fide purchaser at the foreclosure sale, that the filing of debtor's bankruptcy petition may have the effect of delaying or hindering movant's right to possession of the subject property and that it would be an abuse of judicial process for the automatic stay in this case to delay or hinder movant's right to possession of the subject property, and for lack of opposition by debtor, except as to a finding that it filed the bankruptcy case in bad faith, a finding that any claims in the state court litigation are nondischargeable or a finding that movant has an allowed claim in this case.
As to debtor's limited opposition, the court does not make a finding that debtor filed this bankruptcy case in bad faith, the court does not make any finding that any claims in the state court litigation are nondischargeable and the court does not make a finding that movant has an allowed claim in this case.
Movant's requests for extraordinary relief in paragraphs 5, 11 and 14 of the prayer for relief in the motion are denied because there are no reasonable bases in fact and law for requesting such relief here. See In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). With respect to movant's request for stay annulment, the court denies the request because although movant
11:00 AM
recites the relevant factors stated in In re Gasprom, Inc., 500 598, 607 (9th Cir. 2013), it does not show how such factors apply to this case by discussing the particular facts of this case and how they relate to these factors, specifically, whether movant knew of the stay but nonetheless took action, and how quickly movant moved for annulment, and after learning of the bankruptcy, whether movant proceeded to take steps in continued violation of stay or whether it moved expeditiously to gain relief, weighing of the extent of prejudice to movant or third parties if stay relief is not made retroactive. It is not clear why stay annulment is needed here because movant obtained a writ of possession prepetition, which is not in violation of stay in this case, and apparently just needs to enforce its writ. Movant has not explain what acts it took in violation of stay that it needs stay annulment to validate. As to seeking retroactive annulment to 6/20/16 before the filing of this case on 8/17/17, the court lacks jurisdiction to annul a stay that did not exist before this case, and to the extent that movant is seeking an order of this court to invalidate a stay in another case not before this court, the court lacks jurisdiction to do so.
Movant's claim for stay relief under 11 U.S.C. 362(d)(4) is denied because a purchaser at a foreclosure sale like movant lacks standing to seek in rem relief under 11 U.S.C. 362(d)(4). In re Ellis, 523 B.R. 673, 678-680 (9th Cir. BAP 2014).
The 14-day waiting period under FRBP 4001(a)(3) is waived.
Appearances are required on 1/15/19, but counsel may appear by telephone.
Prior tentative ruling. The court does not see the factual and/or legal bases for movant's requests for extraordinary relief in paragraphs 5, 9, 11 and 14 of the prayer for relief in the motion, and the court will require movant to file a supplemental brief to show that there are reasonable bases in fact and law for requesting such relief. See In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal.
2009).
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 11 requesting any stay relief order is binding and effective in any future bankruptcy case, no matter who the debtor is.
11:00 AM
There is persuasive contrary authority not addressed in the moving papers. In re Van Ness, 399 B.R. at 905-907.
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 14 requesting retroactive relief as to all bankruptcy cases filed affecting the property retroactive to 6/20/16, which raises procedural due process issues for the court purporting to act in other bankruptcy cases.
Movant does not provide the legal and/or factual support for the request for retroactive stay annulment in paragraph 5 because it has failed to show that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met.
Movant does not provide the legal and/or factual support for the request for extraordinary relief in paragraph 9 requesting in rem stay relief under 11
U.S.C. 362(d)(4). There is persuasive, if not controlling, contrary authority not addressed in the moving papers indicating that a purchaser at a foreclosure sale like movant lacks standing to seek in rem relief under 11 U.S.C. 362(d) (4). In re Ellis, 523 B.R. 673, 678-680 (9th Cir. BAP 2014).
Movant does not provide the legal and/or factual support for the request for stay relief under 11 U.S.C. 362(d)(2) to show debtor's lack of equity and that the property is not needed for the effective reorganization of debtor since there is no evidence of title, or precisely, debtor's lack of title, or valuation evidence of debtor's lack of equity since movant has the burden of showing lack of equity under 11 U.S.C. 362(g)(1).
In order for the court to grant extraordinary relief requested by movant, the court will need to determine that there are factual and legal bases for such relief, which are not evident in the motion. The supplemental brief will be due on 1/8/19, one week before a continued hearing on 1/15/19 at 11:00 a.m.
The court would consider granting in rem relief under 11 U.S.C. 362(d)(1) and 11 U.S.C. 105(a) on a prospective basis only, but movant may be able to
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show entitlement to retroactive stay annulment relief as discussed above. The court does not make a finding that the petition was filed in bad faith for lack of sufficient evidence or that the claims are nondischargeable because stay relief proceedings are summary in nature and do not go to the merits of the claims. Otherwise, no tentative ruling on the merits.
Appearances are required on 12/18/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
Docket 1
The court will conduct the status conference on its 2:30 p.m. calendar with the hearings of plaintiff's motion to file an amended complaint and defendant UNIFY Financial Credit Union's motion to dismiss rather than at 1:30 p.m. for the convenience of the parties and the court.
Appearances are required on 1/15/19 at 2:30 p.m., but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Pro Se
Unify Credit Union Pro Se
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
1:30 PM
1:30 PM
Adv#: 2:18-01213 Grand View Financial, LLC v. Hanes
Docket 1
Updated tentative ruling as of 1/14/19. Off calendar. Continued by stipulation and order to 2/26/19 at 1:30 p.m. No appearances are required on 1/15/19.
Prior tentative ruling as of 10/22/18. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/23/18, but counsel may appear by telephone.
Prior tentative ruling. Given the severity of the circumstances of turnover in the circumstances of this case, if plaintiff seeks judgment against defendants (meaning eviction of defendants from their residence which they had conveyed to plaintiff for it to perform certain services to save their home from foreclosure in exchange for rent payments and shared equity arrangements, which defendants allegedly defaulted), the court will order that plaintiff serve any dispositive motion on defendants by personal delivery. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Shirley Hanes Pro Se
1:30 PM
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01375 Vance v. Zacky & Sons Poultry, LLC
Docket 1
Updated tentative ruling as of 1/14/19. Off calendar. Status conference rescheduled to 1/29/19 at 1:30 p.m. due to issuance of another summons. No appearances are required on 1/15/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
Defendant(s):
Zacky & Sons Poultry, LLC Pro Se
Plaintiff(s):
Karen Vance Represented By
Gail L Chung Jack A Raisner Rene S Roupinian Robert N Fisher
2:00 PM
Adv#: 2:14-01500 Rund Chapter 7 Trustee v. Chen et al
Avoid and Recover Fraudulent Transfers; and for (3) Breach of Fiduciary Duty fr. 11/28/17, 5/29/18, 11/27/18
Docket 1
Updated tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding, specifically to discuss whether they can be coordinated with further proceedings in the related adversary proceedings involving debtor's attorneys and Microland.
Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 8/31/15 and set a post-discovery status conference for 9/29/15 at 1:30 p.m. The parties are ordered to conduct FRBP 7026 conference by 3/31/15. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 3/31/15 and to complete mediation by 9/29/15. Appearances are required on 2/3/15, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
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Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Yian Chen Pro Se
Shavonne Tran Pro Se
Doron Stephen Pro Se
DSI Computers, Inc., a California Pro Se
Plaintiff(s):
Jason Rund Chapter 7 Trustee Represented By Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 399
Off calendar. Continued to 4/30/19 at 1:30 p.m. by order entered on 12/19/18. No appearances are required on 1/15/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
2:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Docket 478
Off calendar. By written order, the court grants request of entity defendants to continue hearing to obtain corporate revivors and continues the hearing to 3/13/19 at 1:30 p.m. Defendants must file and serve substantive oppositions by 2/27/19, and plaintiff must file and serve any reply by 3/6/19. No appearances are required on 1/15/19.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
2:30 PM
Michael W Vivoli Ashley M McDow Ronald Rus Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Michael D. Smith Pro Se
Kamran Gharibian Pro Se
Daryoush Dayan Pro Se
Cathay Bank, a California Pro Se
Jennifer Kellen Pro Se
Plaintiff(s):
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson Jason Balitzer
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
2:30 PM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
Docket 6
Service of defendant UNIFY Financial Credit Union's motion to dismiss the complaint is deficient since it did not serve plaintiff at his address of record. Defendant will have to serve plaintiff at the correct address of record before the court will consider the motion. The motion may be moot if the court's grants plaintiff's pending motion to file an amended complaint. Appearances are required on 1/15/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Pro Se
Unify Credit Union Represented By Brett P Ryan
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:30 PM
2:30 PM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
Docket 9
Grant plaintiff's motion for leave to file amended complaint for the reasons stated in the moving papers and for lack of timely written opposition.
Appearances are optional on 1/15/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Pro Se
Unify Credit Union Represented By Brett P Ryan
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:30 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
Docket 27
Off calendar. Motion resolved by stipulation and order extending the discovery cutoff date to 5/15/19, the deadline for filing the joint pretrial stipulation to 6/18/19 and continuing the pretrial conference to 6/25/19 at 2:00
p.m. No appearances are required on 1/15/19.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
fr. 10/23/18, 11/27/18
Docket 258
Off calendar. Motion resolved by stipulation and order entered on 12/28/18. No appearances are necessary.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut Christopher K.S. Wong
2:30 PM
fr. 10/23/18, 11/27/18
Docket 257
Off calendar. Motion resolved by stipulation and order entered on 12/28/18. No appearances are necessary.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut Christopher K.S. Wong
2:30 PM
Application for fees and expenses [Wesley H. Avery, Chapter 7 Trustee]
Docket 54
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 1/15/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Leopoldo Almodovar Dimaguila Represented By
William J Smyth
Joint Debtor(s):
Teresita Ragragio Dimaguila Represented By William J Smyth
Trustee(s):
Wesley H Avery (TR) Represented By Georgeann H Nicol Adam Stevens
2:30 PM
Docket 52
Approve final fee application of attorney for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 1/15/19, but trustee and counsel may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Leopoldo Almodovar Dimaguila Represented By
William J Smyth
Joint Debtor(s):
Teresita Ragragio Dimaguila Represented By William J Smyth
Trustee(s):
Wesley H Avery (TR) Represented By Georgeann H Nicol Adam Stevens
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 53
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 1/15/19, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Leopoldo Almodovar Dimaguila Represented By
William J Smyth
Joint Debtor(s):
Teresita Ragragio Dimaguila Represented By William J Smyth
Trustee(s):
Wesley H Avery (TR) Represented By Georgeann H Nicol Adam Stevens
2:30 PM
Adv#: 2:18-01261 McCall v. Yoshihiro
Docket 15
Updated tentative ruling as of 1/14/19. No updated tentative ruling on the merits. Appearances are required on 1/15/19, but counsel and self- represented parteis may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Grant plaintiff's motion for default judgment for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 11/6/18, but counsel may appear by telephone.
Debtor(s):
Yoshihiro Ishii Represented By Irwin M Friedman
Defendant(s):
Ishii Yoshihiro Pro Se
Plaintiff(s):
Patrick A. McCall Represented By Richard G Heston
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Adv#: 2:18-01261 McCall v. Yoshihiro
Docket 1
Updated tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/15/19, but counsel and self-represented parteis may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
Off calendar. The court has reviewed plaintiff's unilateral status report, stating that default has been entered against defendant and plaintiff has noticed his motion for default judgment for hearing on 11/6/18 at 2:30 p.m. In the interest of judicial economy, the court on its own motion continues the status conference to the date and time of the hearing on the motion for default judgment on 11/6/18 at 2:30 p.m. No appearances are required on 10/16/18.
Debtor(s):
Yoshihiro Ishii Represented By Irwin M Friedman
Defendant(s):
Ishii Yoshihiro Pro Se
Plaintiff(s):
Patrick A. McCall Represented By Richard G Heston
2:30 PM
Trustee(s):
Timothy Yoo (TR) Pro Se
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fr. 12/14/18, 1/9/19
Docket 136
Revised and updated tentative ruling as of 1/15/19. As stated at the prior hearing on the motion, the court disagrees with the contention of reclamation creditor Associated Feed that the proposed professional fee carveout "appears to be contrary" to the Surpeme Court decision in Czyzewski v. Jevic Holding Corp., 137 S.Ct. 973 (2017) because this situation does not involve a final distribution in a structured dismissal outside a confirmed plan which would involve a priority skipping or violating distribution. Here, it would appear that the distributions would be not priority skipping or violating because they would be made from sales proceeds based on a determination that Great Rock has a first priority lien and would not present the priority skipping or violating problem under Jevic as argued in debtor's reply.
However, there is a timing concern that should be addressed as to how and when the sales proceeds from any sale under 11 U.S.C. 363 would be distributed on Great Rock's first priority lien, i.e., upon or right after a sale or through a confirmed plan. See In re Air Beds, Inc., 92 B.R. 419 (9th Cir. BAP 1988)(stating that distributions on prepetition claims in a Chapter 11 case should generally be made through a confirmed plan absent "exceptional circumstances"), citing 11 U.S.C. 1123(a)(5) and Federal Rule of Bankruptcy Procedure 3021. Debtor should address this timing concern at the hearing. It would seem to the court that the issue of whether a distribution would be priority skipping or violation contrary to Jevic can be addressed upon the motion to sell property under 11 U.S.C. 363 which would propose a disposition of the sale proceeds, including to secured creditors, such as Great Rock, and the carveout would come out of what would be distributed on behalf of Great Rock under the sale order. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling. Since it appears that there is a dispute between the
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parties in interest regarding whether the professional fee carveout would work a subordination of GemCap's second priority lien in the real property collateral or a dilution of the claims of other priority claimants, such as reclamation creditor Associated Feed & Supply Co., Inc. , it would be helpful to the court if the stipulating parties indicate where in the record are the facts showing the equity to which first priority Great Rock's lien attaches in the real property collateral, and the lien amount. Alternatively, the court might schedule a short proveup hearing to establish the value of the equity subject to Great Rock's first priority lien in the real property collateral to show the alleged lack of impairment of GemCap's lien or dilution of other priority claimants such as Associated Feed & Supply. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:00 AM
Docket 1
No updated tentative ruling as of 1/14/19. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
11:00 AM
Docket 140
Updated tentative ruling as of 1/14/19. No tentative ruling on the merits. The court is still deliberating on the contested matters of trustee's adversary proceeding against defendants Sharron and Beyond Basics for fraudulent transfer, open account and related claims, his objection to Sharron's claims and Sharron's motion for payment of claims and has completed a draft of the memorandum decision of approximately 120 pages, but will need a week or so to complete minor editing, proofreading and cite-checking before issuing the decision. The court will set a further status conference in two weeks on 1/30/19 at 11:00 a.m. Appearances are optional on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Updated tentative ruling as of 11/5/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics and expects to issue a ruling by 11/30/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status
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conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m.
Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics. Otherwise, no tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Corrected tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the
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status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Updated tentative ruling as of 1/23/17. Off calendar. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 10/17/16. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. In light of the current pending litigation, especially the Sharron adversary proceeding, it seems that a further status conference should be set in about 120 days. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 12/1/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 12/2/15, but counsel may appear by telephone.
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Prior tentative ruling as of 7/27/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 7/29/15 to discuss scheduling of further post-confirmation proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 3/9/15. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of claims as described in the status report. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/14. Appearances are required on 9/3/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 9/3/14 at 11:00 a.m. to allow the parties a limited opportunity to continue in plan modification negotiations. No appearances are required on 8/21/14.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Movant(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo
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Paul J Kurtzhall
11:00 AM
Docket 1
Updated tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo
11:00 AM
Docket 58
The matter of debtor's motion to value secured claim or lien as to Lending 1st Mortgage, LLC is not yet resolved and needs to be resolved before the case may proceed to plan confirmation. It appears that even though the motion is resolved as to Specialized Loan Servicing by stipulation and order, the motion is not resolved as to the other lien creditor and that the motion should be renoticed for hearing.
Debtor will have to provide additional information for the disclosure statement relating to: (1) his business expenses for which a detailed statement is required for Schedule I/J, and which was not provided either with the schedule or in Exhibit F; (2) his payments on the first deed of trust, for which there is no detailed breakdown of principal, interest, taxes, and other expenses; (3) and debtor should also provide financial projections for the entire 60-month duration of the plan.
The court will also require that debtor provide a narrative statement about his employment history and future employment prospects and his income producing activities, such as the investment real property and its income prospects, such as rental increases or decreases.
Appearances are required on 1/16/19, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
Docket 117
Grant debtor's motion to extend plan exclusivity dates for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 1/16/19, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
11:00 AM
Docket 118
No tentative ruling as of 1/14/19. Appearances are required on 1/16/19, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
11:00 AM
Docket 67
No updated tentative ruling as of 1/14/19. Appearances are required on 1/16/19, but counsel may appear by telephone.
Revised updated tentative ruling as of 1/8/19. The court is still deliberating on the motion after the evidentiary hearing, but intends to announce its ruling by the deadline of 1/18/19. No tentative ruling on the merits. The court expects to continue the hearing to 1/16/19 at 11:00 a.m. at which time other matters in this case are noticed for hearing. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior Updated tentative ruling as of 10/22/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 10/25/18.
Revised tentative ruling as of 10/1/18 at 6:00 p.m.:
Treat motion to assume lease as a contested matter under FRBP 9014 because there are disputed issues of material fact that may require an evidentiary hearing to resolve (including debtor's status as tenant in fact as opposed to being listed on the lease, whether landlord validly invoked the recapture provisions of the lease, whether debtor has the ability to perform the lease if assumed) and treat hearing as a status conference to schedule further pretrial and trial proceedings. See In re Gentile Family Industries, 2014 WL 4091001 (9th Cir. BAP 2014)(acknowledging but not deciding whether the Ninth Circuit's decision in In re G.I. Industries, Inc., 204 F.3d 1276 (9th Cir. 2000), citing, In re Orion Pictures Corp., 4 F.3d 1095 (2nd Cir. 1993), should be broadly or narrowly construed; see also, In re Miller, 2016 WL 1316763 (Bankr. D. Mont. 2016)(narrowly construing G.I. Industries to rejection of an executory contract or lease). The court is inclined to agree
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with Debtor that the applicable rule is the two-step analysis for determining whether a lease may be assumed under 11 U.S.C. 365 set forth in In re Waterkist Corp. 775 F.2d 1089 (9th Cir. 1985) and In re Windmill Farms, Inc., 841 F.2d 1467 (9th Cir. 1988). Landlord argues that G.I. Industries, following Orion Pictures, having a circumscribed view of the analysis of a motion to assume or reject a contract applies here, but that would mean that G.I. Industries impliedly overruled the two-part rule in Waterkist Corp. Landlord argues that G.I. Industries governs because it is a later pronouncement by the circuit, but that may not be right because it generally takes an en banc panel decision to overrule the case precedent of a prior circuit panel and arguably, the two-part rule involves a narrow, specific issue of lease assumption rather than general issue of assumption or rejection of executory contracts, and thus, the specific takes precedence over the general. The court hesitates to reach a conclusion on whether Waterkist was overruled by G.I. Industries in some fashion since this has not been adequately briefed by the parties and the court's research is preliminary and incomplete. However, the state of the case law in the circuit may be in flux as shown by the BAP's unpublished decision in Gentile Family Industries referring both to G.I. Industries and Windmill Farms, but not to the two-rule rule specifically. Since the motion for the assumption of the lease is important to the parties, and perhaps decisive of debtor's reorganization prospects, it makes sense to decide the motion in a contested matter to resolve factual issues. The court understands Landlord prefers deciding the contract dispute issues in state court as indicated in its stay relief and remand motions, but it seems that the court has jurisdiction to decide such issues in a contested matter or adversary proceeding related to lease assumption. The court's approach in In re Belasco Unlimited Corp., No. 2:14-bk-26546-BR Chapter 11 (Bankr. C.D. Cal., findings of fact and conclusions of law after evidentiary hearing on motion to assume lease, filed and entered on April 8, 2015) is illustrative and is consistent with the holding in Gentile Family Industries.
Tentative rulings on TMC Realty, Inc.'s evidentiary objections to the declaration of Alan Nathan:
Objection #1 (page: line(s) 37:6-10): Overrule.
Objection #2 (39:13-15): Overrule.
Objection #3 (39:19-21): Sustain - lack of foundation.
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Objection #4 (39:25-26): Sustain - lack of foundation. Objection #5 (40:6-10): Sustain - improper opinion.
Objection #6 (40:18-22): Sustain as to phrases "In contravention of the Lease" and "improperly and prematurely"- improper opinion, otherwise overrule.
Objection #7 (40:25-27): Sustain - lack of foundation, improper opinion. Objection #8 (41:15-17): Sustain - lack of foundation, improper opinion. Objection #9 (41:26-27): Sustain - improper opinion.
Objection #10 (42:13-17): Sustain - improper opinion.
Objection #11 (43:21-23): Sustain as to phrase "and gave express consent for the Debtor to possess and operate at the Premises under the Lease" - improper opinion, otherwise overrule.
Objection #12 (44:13-16): Sustain - improper opinion. Objection #13 (44:17-21): Sustain - improper opinion. Objection #14 (44:22-26): Sustain - improper opinion. Objection #15 (46:21-47:2): Sustain - improper opinion.
Objection #16 (48:14-18): Sustain as to sentence, "As sest forth above, the Debtor's financial problems were precipated, in-part, by the Landlord's demand and actions to prematurely and improperly terminate the Lease." - improper opinion. Sustain as to sentences, "However, Debtor is operating profitably. Attached as 'Exhibit 14 hereto is the Debtor's projection of income and expenses through September 30, 2023. These projections show that the Debtor can satisfy its future obligations under the Lease." - lack of foundation.
The court comments that Mr. Nathan's improper opinions are disguised arguments which are not relevant and best left to counsel in briefing and that Debtor will need to provide a factual foundation for Mr. Nathan's testimony about the preparation of the Debtor's financial projections (i.e., describing who made the projections, what data was relied upon for the projections and what reasonable assumptions were made for such projections).
Appearances are required on 10/3/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
11:00 AM
David B Golubchik Jeffrey S Kwong Martin J Brill
11:00 AM
fr. 10/3/18, 10/25/18, 1/9/19
8800 Sunset Boulevard
West Hollywood, California 90069
Ground Floor Restaurant Space and Adjacent Patio (aka Estrella)
Docket 35
Updated tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these factors are closely related to those that a bankruptcy court must consider in deciding to exercise permissive abstention under 28 U.S.C. §1334( c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d
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1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay relief. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). The Landlord’s unlawful detainer action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed unlawful detainer action of Landlord was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to Landlord’s state law claim.
The difficulty or unsettled nature of the applicable law. This factor is neutral because the Landlord’s unlawful detainer action does not involve law which is difficult or unsettled in nature.
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The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because Landlord’s unlawful detainer action was filed in state court and a trial date was set in that action, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms
v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors stay relief because Landlord’s unlawful detainer is noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). (Landlord has not filed a proof of claim which would be a core proceeding relating to the same substantive claim. In re Thorpe Insulation Co., 671 F.3d 1011, 1021 (9th Cir. 2012). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Landlord’s unlawful detainer action could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. § 1334 to determine Debtor’s motion to assume the lease pursuant to 11
U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor is not able to assume the lease, Debtor will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Landlord’s unlawful detainer action as stated above is noncore. However, as also noted above, the outcome of the unlawful detainer action which is related to the lease will have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay
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relief because the unlawful detainer action and the bankruptcy law matter of lease assumption are interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the unlawful detainer action to this court after a trial was set in state court in that action.
The existence of a right to a jury trial. This factor does not favor stay relief. Landlord does not have a right to jury trial on its unlawful detainer action or on Debtor’s intended lease assumption motion.
The presence in the proceeding of nondebtor parties. This factor does not favor stay relief since Debtor and Landlord are the only parties involved in these actions.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of the unlawful detainer action will substantially impact Debtor’s ability to effectively reorganize and that litigation of the removed action and related bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d at
1022-1023.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
11:00 AM
11:00 AM
fr. 10/3/18, 10/25/18, 1/9/19
TMC Realty, LLC v. 8800 Sunset, LLC and 8800 LLC LASC Case Number SC129282
Docket 34
Updated tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these factors are closely related to those that a bankruptcy court must consider in deciding to exercise permissive abstention under 28 U.S.C. §1334(c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief
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factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay relief. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). Debtor's breach of lease action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed breach of lease action of Debtor was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to the lease.
The difficulty or unsettled nature of the applicable law. This factor is neutral because Debtor's breach of lease action does not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because
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Debtor's breach of lease was filed in state court, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors stay relief because Debtor's breach of lease claims are noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Debtor’s breach of lease action could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. §1334 to determine Debtor’s motion to assume the lease pursuant to 11 U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor's claims are related to its intended motion to assume the lease, without which it will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Debtor's breach of lease action as stated above is noncore. However, as also noted above, the outcome of this action which is related to the lease may have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay relief because Debtor's breach of lease action and the bankruptcy law matter of lease assumption appear to be interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
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The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the breach of lease action to this court after a trial in Landlord's related unlawful detainer action was set in state court.
The existence of a right to a jury trial. This factor favors stay relief. Landlord probably has a right to a jury trial on Debtor’s breach of lease action against it, though Landlord can exercise any rights to a jury trial in that action pursuant to Fed. R. Bankr. P. 9015 and Fed. R. Civ. P. 38(b).
The presence in the proceeding of nondebtor parties. This factor does not favor stay relief since Debtor and Landlord are the only parties involved in the removed action.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of Debtor's breach of lease claims may substantially impact Debtor’s ability to effectively reorganize because it is related to its bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d 1011, 1022-1023 (9th Cir. 2012).
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
11:00 AM
Docket 1
Updated tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. No tentative ruling on the merits. Appearances are required on 9/12/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik
11:00 AM
Adv#: 2:18-01237 TMC Realty, LLC v. 8800 Sunset LLC et al
Docket 1
Updated tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No tentative ruling as of 9/10/18. Appearances are required on 9/11/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
8800 Sunset LLC Represented By Jeffrey S Kwong Martin J Brill
11:00 AM
David B Golubchik
8800 LLC Represented By
Jeffrey S Kwong Martin J Brill David B Golubchik
Plaintiff(s):
TMC Realty, LLC Pro Se
9:00 AM
fr. 5/22/18, 7/27/18, 10/4/18
Docket 20
Updated tentative ruling as of 1/3/19. Off calendar. Continued by stipulation and order to 5/30/19 at 9:00 a.m. No appearances are required on 1/17/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding debtor's good faith in filing this case and whether the filing of debtor's petition was part of a scheme to hinder, delay or defraud creditors. The court will conduct the hearing as a status conference, and the parties should be prepared to discuss scheduling of an evidentiary hearing. Appearances are required on 5/22/18, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
9:00 AM
fr. 4/24/18, 5/1/18, 9/18/18
Docket 253
Updated tentative ruling as of 1/14/19. Off calendar. Trial to be conducted before Judge Zive on 2/12/19 in Courtroom 1645. No appearances are required on 1/18/19.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/18/18 to discuss scheduling of trial, but counsel may appear by telephone.
Prior tentative ruling as of 4/30/18. No tentative ruling on the merits. Appearances are required on 5/1/18, but counsel may appear by telephone.
No tentative ruling as of 4/23/18. Appearances are required on 4/24/18, but counsel may appear by telephone.
Debtor(s):
Cinevision International, Inc. Represented By Alan W Forsley
Andrew Edward Smyth
Trustee(s):
Edward M Wolkowitz (TR) Represented By Bradley J Yourist
9:00 AM
Docket 11
Updated tentative ruling as of 1/14/19. Off calendar. Continued by stipulation and order to 2/8/19 at 9:00 a.m. No appearances are required on 1/18/19.
Prior tentative ruling as of 11/5/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 11/8/18.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because it appears that there are disputed issues of material fact regarding debtor's good faith in requesting conversion of the case to Chapter 13 and debtor's income eligibility for Chapter 13 based on her amended schedules asserting a family contribution from her brother. See In re Deutsch, 529 B.R. 308 (Bankr.
C.D. Cal. 2015). The court has questions about trustee's estimate of $55,000 in anticipated Chapter 7 administrative expenses which seem awfully high in this case still in its early stages. Appearances are required on 9/18/18 to discuss scheduling of an evidentiary hearing to resolve disputed issues of material fact on the motion, but counsel may appear by telephone.
Debtor(s):
Janine Liebert Represented By David S Hagen
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
10:30 AM
Docket 36
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Joseph Burns Wright Represented By David H Chung
Joint Debtor(s):
Maureen Elizabeth Wright Represented By David H Chung
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
10:30 AM
(U.S. Bank National Association VS Debtor)
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief, including retroactive stay annulment, for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Christian Fite Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
(Dorothy Cake dba Civic Center Plaza VS Debtor)
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Eric Ojiyi Represented By
Brad Weil
Dorothy Cake DBA Civic Center Represented By
Paul E Gold
Trustee(s):
Carolyn A Dye (TR) Pro Se
1:30 PM
Adv#: 2:18-01120 Ehrenberg v. Cosmetics Gallery, Inc. et al
fr. 6/19/18, 9/18/18, 11/6/18
Docket 1
Off calendar. Notice of voluntary dismissal filed on 12/11/18. No appearances are required on 1/29/19.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Cosmetics Gallery, Inc. Pro Se
Srinivas Venkumahanti Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01121 Ehrenberg v. JYMK COSMETICS, INC. et al
fr. 6/19/18, 9/18/18, 11/6/18
Docket 1
Revised tentative ruling as of 1/29/19. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 1/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. The court has reviewed plaintiff’s unilateral status report, stating that plaintiff intends to file a motion for default judgment and requesting a continuance of the status conference to late January 2019. The court on its own motion continues the status conference to 1/29/19 at 1:30 p.m. Counsel for trustee to give notice if required because any defendant has appeared. No appearances are required on 11/6/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. Because default has been entered against defendant and plaintiff has represented that it intends to file a motion for default judgment shortly, the court on its own motion continues the status conference for about 60 days to 11/6/18 at 1:30 p.m. so plaintiff can file its motion for default judgment. No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. Because defendants have not responded to the complaint and plaintiff intends to request entry of their default, the court is inclined to continue the status conference for about 60 days so plaintiff can file a request for entry of default. Appearances are required on 6/19/18, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
JYMK COSMETICS, INC. Pro Se
In One Corporation Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01122 Ehrenberg v. Perfumerie, Inc. et al
fr. 6/19/18, 9/18/18, 11/6/18
Docket 1
Updated tentative ruling as of 1/28/19. Off calendar. Continued by stipulation and order to 4/16/19 at 1:30 p.m. No appearances are required on 1/29/19.
Prior tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. The court has reviewed the joint status reports indicating that the parties do not agree on a pretrial schedule and on whether the matter should be ordered to mediation. Appearances are required on 9/18/18 to discuss scheduling and mediation, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Perfumerie, Inc. Pro Se
1:30 PM
Puja Lachmandas Pro Se
Parvez Syed Pro Se
Rajkumari Aswani Pro Se
Naintara Jiwnani Pro Se
Archana Jiwnani Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01123 Ehrenberg v. Kolli
fr. 6/19/18, 7/31/18, 11/6/18
Docket 1
Off calendar. Notice of voluntary dismissal filed on 12/11/18. No appearances are required on 1/29/19.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Raja Sekhar Kolli Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01124 Ehrenberg v. Chaparala
fr. 6/19/18, 9/18/18, 11/6/18
Docket 1
Revised tentative ruling as of 1/29/19. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 1/29/19 to discuss whether the parties have had their early meeting of counsel and whether the matter should be referred to mediation, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. The court has reviewed the joint status report. Set a discovery cutoff date of 3/31/19, and as requested by plaintiff, a further status conference to 1/29/19 at 1:30 p.m. Appearances are required on 11/6/18 to discuss scheduling and defendant’s request for mediation, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference to 11/6/18 at 1:30 p.m., which request the court grants and continues the status conference to that date and time for the reasons stated in the status report.
No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed the joint status report. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01125 Ehrenberg v. VC Sales and Services, LLC et al
fr. 6/19/18, 9/18/18, 11/6/18
Docket 1
Off calendar. Notice of voluntary dismissal filed on 12/11/18. No appearances are required on 1/29/19.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
VC Sales and Services, LLC Pro Se
Raja Sekhar Vadlamudi Pro Se
Ravik Chigurupati Pro Se
Kavita Tummala Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano
1:30 PM
Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01379 Avery v. Prototype Engineering & Manufacturing, Inc. et al
Docket 1
Off calendar. Continued by stipulation and order to 3/5/19 at 1:30 p.m. No appearances are required on 1/29/19.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Prototype Engineering & Pro Se
Bahram Bordbar Pro Se
Malahat Bordbar Pro Se
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
1:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
(5) Punitive damages; and (6) Attorneys' fees and costs fr. 7/10/18, 7/17/18, 10/16/18
Docket 1
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/29/19 to discuss scheduling and possibility of mediation, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The status conference will be conducted with the hearings on the motions to dismiss and strike on the 2:30 p.m. calendar. Appearances are required at 2:30 p.m., not 1:30 p.m.
Prior tentative ruling as of 7/16/18. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 7/17/18 at 2:30 p.m., the date and time of the hearings on defendant Curtis's motion to dismiss and defendant Ammec's motion to set aside default. Plaintiff to give written notice of continuance of status conference. No appearances are required on 7/10/18.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz
Defendant(s):
Ammec, Inc. Pro Se
1:30 PM
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
1:30 PM
Adv#: 2:18-01253 Shabpareh v. NELNET EDUCATION LOAN NETWORK dba NELNET,
fr. 10/9/18
Docket 1
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/29/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/9/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Melody Shabpareh Represented By
Thomas E Brownfield
Defendant(s):
NELNET EDUCATION LOAN Pro Se
University of Phoenix, Inc. Pro Se
Plaintiff(s):
Melody Shabpareh Represented By
Thomas E Brownfield
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:18-01284 Fidelity National Title Insurance Company v. Griego
fr. 11/13/18
Docket 1
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/29/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 1/29/19 at 1:30
p.m. to allow time for plaintiff to file its motion for default judgment. No appearances are required on 11/13/18.
Debtor(s):
Nicholas Fernando Griego Pro Se
Defendant(s):
Nicholas Fernando Griego Pro Se
Plaintiff(s):
Fidelity National Title Insurance Represented By
Karen A Ragland
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
fr. 10/2/18, 10/23/18, 12/4/18
Docket 36
Revised tentative ruling as of 1/29/19. Off calendar. Continued by stipulation and order to 2/26/19 at 1:30 p.m. No appearances are required on 1/29/19.
Revised tentative ruling as of 12/3/18. Off calendar. Continued by stipulation and order to 1/29/19 at 1:30 p.m. No appearances are required on 12/4/18.
Revised tentative ruling as of 10/22/18. Off calendar. Continued by stipulation and order to 12/4/18 at 1:30 p.m. No appearances are required on 10/23/18.
No tentative ruling as of 10/1/18. Appearances are required on 10/2/18, but counsel may appear by telephone.
Debtor(s):
Seven-Bros Enterprises, Inc. Represented By Robert S Marticello Gregory M Salvato
Trustee(s):
Rosendo Gonzalez Pro Se
1:30 PM
Docket 28
No tentative ruling as of 1/28/19. Appearances are required on 1/29/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Jose Antonio Santiago Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:18-01375 Vance v. Zacky & Sons Poultry, LLC
fr. 1/15/19
Docket 1
Off calendar. Continued by stipulation and order to 3/26/19 at 1:30 p.m. No appearances are required on 1/29/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
Defendant(s):
Zacky & Sons Poultry, LLC Pro Se
Plaintiff(s):
Karen Vance Represented By
Gail L Chung Jack A Raisner Rene S Roupinian Robert N Fisher
2:00 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
fr. 4/2/18, 5/16/18, 7/17/18
Docket 1
Updated tentative ruling as of 1/28/19. Off calendar. Continued by stipulation and order to 6/25/19 at 2:00 p.m. No appearances are required on 1/29/19.
Prior tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits.
2:00 PM
Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Updated tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
2:00 PM
Adv#: 2:18-01086 Kosma Tex v. Min
fr. 6/5/18, 8/21/18, 9/11/18
Docket 1
Revised tentative ruling as of 1/28/19. The court has reviewed the joint pretrial stipulation, and since it appears that there are no objections to plaintiff's exhibits listed on the joint pretrial stipulation, the court will receive plaintiff's exhibits 1 through 32 into evidence, and since only one witness has been identified in the joint pretrial stipulation, only one witness will be allowed to testify. Scheduling of the trial of the matter may be affected due to a possible further government shutdown in three weeks, which may impact the operations of the judiciary. Otherwise, no tentative ruling on the merits.
Appearances are required on 1/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. No tentative ruling on the merits. Appearances are required on 9/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. Off calendar. The court has reviewed the joint status report of the parties, which stated that the parties have not conducted their conference under Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1. The court continues the status conference on its own motion to 9/11/18 at 1:30 p.m. and order that the parties have their Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1 conference before the continued status conference on 9/11/18. The parties need not file an updated status report for the continued status conference. No appearances are required on 8/21/18.
Prior tentative ruling. Since default has been entered against defendant, defendant will have to file a motion to set aside default unless plaintiff is willing to stipulate to set aside the default and allow defendant's answer to be considered filed. The parties should be prepared to address the issue of
2:00 PM
whether the default should be set aside. The court is not inclined to set a litigation schedule until the issue of the setting aside the default is resolved. Appearances are required on 6/5/18, but counsel may appear by telephone.
Debtor(s):
Min Jeong Min Represented By Young K Chang
Defendant(s):
Min Jeong Min Pro Se
Plaintiff(s):
Kosma Tex Represented By
Vahe Khojayan
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
Application for fees and expenses [Richard K. Diamond, Chapter 7 Trustee]
Docket 148
Consideration of the trustee's final report will be delayed due to the pendency of creditor Jose Dumas's partial objection to the final fee application of attorneys for trustee and the scheduling of further proceedings which may be affected by a possible further government shutdown in three weeks, which may impact the operations of the judiciary. which may be also delayed due to the partial government shutdown, which affects the operations of the judiciary. Otherwise, approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are required on 1/29/19 to discuss scheduling of further proceedings, but trustee and counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
2:30 PM
[Danning, Gill, Diamond & Kollitz, LLP, Attorney for Chapter 7 Trustee]
Docket 145
Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings since there are disputed issues of material fact relating to the necessity of the professional fees of applicant objected to by creditor Jose Dumas. Scheduling of the trial of the matter may be affected by a possible further government shutdown in three weeks, which may impact the operations of the judiciary. Appearances are required on 1/29/19, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
2:30 PM
[John Clark Brown Jr, Special Counsel for Chapter 7 Trustee]
Docket 144
Approve final fee application of special counsel for trustee for reasons stated in the fee application and for lack of timely written objection. Authorization of payment of final professional fees may be delayed due to pendency of the trustee's final report which will not be finalized until the resolution of the partial objection of creditor Jose Dumas to the final fee application of attorneys for trustee and the scheduling of further proceedings which may be affected by a possible further government shutdown, which may impact the operations of the judiciary. Appearances are required on 1/29/19, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 142
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Authorization of payment of final professional fees may be delayed due to pendency of the trustee's final report which will not be finalized until the resolution of the partial objection of creditor Jose Dumas to the final fee application of attorneys for trustee and the scheduling of further proceedings which may be affected by a possible further government shutdown, which may impact the operations of the judiciary. Appearances are required on 1/29/19, but counsel may appear by telephone.
Debtor(s):
Anthony Curtis Wells Represented By Gary A Laff
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Aaron E de Leest John Clark Brown Jr
2:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
fr. 9/25/18, 11/6/18, 12/11/18
Docket 32
Off calendar. Continued by stipulation and order to 2/26/19 at 2:30 p.m. No appearances are required on 1/29/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
2:30 PM
Docket 47
Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings since there are disputed issues of material fact relating to debtors' good faith in requesting dismissal or conversion. Scheduling of the trial of the matter may be affected due to a possible further government shutdown in three weeks, which may impact the operations of the judiciary. Appearances are required on 1/29/19, but counsel may appear by telephone.
Debtor(s):
Jose M BENITEZ Represented By Douglas A Crowder
Joint Debtor(s):
Cinthia BENITEZ Represented By Douglas A Crowder
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Docket 10
Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings since there are disputed issues of material fact relating to valuation of the subject property. Scheduling of the trial of the matter may be affected due to a possible further government shutdown in three weeks, which may impact the operations of the judiciary. Appearances are required on 1/29/19, but counsel may appear by telephone.
Debtor(s):
Mary Palolo Anderson Represented By Daniel King
Trustee(s):
Heide Kurtz (TR) Pro Se
9:00 AM
$2,884.39.
fr. 10/24/18, 12/5/18, 12/12/18
Docket 98
Updated tentative ruling as of 1/28/19. No tentative ruling will be issued for the evidentiary hearing on this contested matter. Appearances are required on 1/30/19.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18 to discuss scheduling of the evidentiary hearing on debtor's objections to the fee application, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Revised and updated tentative ruling as of 10/22/18 at 5:30 p.m. Off calendar. Off calendar. Continued to 12/5/18 at 11:00 a.m. by order granting debtor's motion for continuance filed on or about 10/22/18. No appearances are required on 10/24/18.
Debtor(s):
Peter G. Kudrave Pro Se
9:00 AM
11:00 AM
fr. 12/12/18, 12/19/18, 1/9/19
Docket 229
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Revised tentative ruling as of 1/8/19. Off calendar. Continued by stipulation and order to 1/30/19 at 11:00 a.m. No appearances are required on 1/9/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Debtor(s):
11:00 AM
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
fr. 12/12/18, 12/19/18, 1/9/19
Docket 232
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Revised tentative ruling as of 1/8/19. Off calendar. Continued by stipulation and order to 1/30/19 at 11:00 a.m. No appearances are required on 1/9/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
Docket 244
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Revised tentative ruling as of 1/8/19. Off calendar. Continued by stipulation and order to 1/30/19 at 11:00 a.m. No appearances are required on 1/9/19.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:00 AM
Docket 123
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Revised tentative ruling as of 1/8/19. Off calendar. Continued by stipulation and order to 1/30/19 at 11:00 a.m. No appearances are required on 1/9/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits, but debtor will need to address the notice of delinquency filed by the United States Trustee and to state when he will be filing a motion for entry of final decree. Appearances are required on 10/17/18, but counsel may appear by
11:00 AM
telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Updated tentative ruling as of 2/12/18. The court has reviewed debtor's status report. Debtor will need to address the notice of delinquency in filing United States Trustee reporting requirements filed on 1/2/18. Appearances are required on 2/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/16/17. No tentative ruling on the merits. Appearances are required on 10/18/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/11/17. Appearances are required on 9/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/10/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/17. No tentative ruling on the merits. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 10/17/16. The court has reviewed debtor's status report and declaration and exhibits attached thereto. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Debtor to explain whether the checks attached to his declaration filed on 9/16/16 have brought the plan entirely current. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/7/16. Appearances are required on 3/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 2/1/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 2/3/16, but counsel may appear by telephone.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 11/23/15. The court has reviewed debtor's post- confirmation status report. Appearances are required on 11/25/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/25/15. Appearances are required on 8/26/15, but counsel may appear by telephone.
Prior tentative ruling as of 4/13/15. Off calendar. The court has reviewed debtor's post-confirmation status report and sets a further status conference on its own motion to 8/26/15 at 11:00 a.m. A further status report is due 8/21/15. No appearances are required on 4/15/15.
Prior tentative ruling as of 1/26/15. Off calendar. The court has reviewed debtor's post-confirmation status report and continues the status conference on its own motion to 4/15/15 at 11:00 a.m. A further status report is due 4/8/15. No appearances are required on 1/28/15.
Prior tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
11:00 AM
No updated tentative ruling as of 7/21/14. Appearances are required on 7/23/14, but counsel may appear by telephone.
Prior tentative ruling as of 7/8/14. No tentative ruling on the merits. Appearances are required on 7/9/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's post-confirmation status report and continues the status conference to 5/7/14 at 11:00 a.m. No appearances required on 11/6/13, but a further status report is due on 4/30/14.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E Mcgoldrick
11:00 AM
Docket 203
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/21/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/17. The court has reviewed debtor's status report. The court notes that the chart is missing the operative date for the amounts required to be paid, though the text of the report states that the date is the date of the report. Debtor needs to clarify the date for the amounts
11:00 AM
required to be paid. Otherwise, no tentative ruling on the merits. Debtor should also report on the rental situation, i.e., is the Burbank property rented out, and how much are her children paying on the Hacienda Heights property each. Appearances are required on 5/10/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 11/14/16. The court has reviewed debtor's status report. Appearances are required on 11/16/16, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 9/12/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/24/16 to discuss scheduling of further proceedings, but self-represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/27/16, but self-represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 6/13/16. Off calendar. The court has reviewed debtor's motion requesting an extension of time to file the post-confirmation status report, reporting that she was recently injured, and the court on its own motion continues the status conference to 7/27/16 at 11:00 a.m. with an updated status report due for filing on 7/20/16. No appearances are required on 6/15/16.
Prior tentative ruling as of 3/14/16. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 3/16/16, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 9/16/15, but self-
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represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 3/3/15. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 3/4/15, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 9/3/14. The court has reviewed the Debtor's status report filed 7/24/2014. No tentative ruling. Appearances required on 9/4/14.
Prior tentative ruling as of 3/17/14. The court has reviewed the United States Trustee (UST)'s report on discovery efforts and results and debtor's objection to the UST's request for further continuance. No tentative ruling on the merits. Appearances are required on 3/19/14.
Prior tentative ruling as of 2/10/14. No tentative ruling. Plan confirmation may be a contested matter under FRBP 9014 requiring an evidentiary hearing. Objecting parties United States Trustee and Deutsche Bank to show excuse for late filing of objections to plan. Debtor to address feasibility of plan, cramdown plan treatment of Deutsch Bank pursuant to its 11 U.S.C.
1111(b) election (i.e., proposed 23-year payout of secured claim may not be proper) and how Stonger vote and objection should be addressed (i.e., what authority exists to disregard Stonger vote or recognize inconsistent ballots, if they are indeed inconsistent rather than unintentionally mistaken.)).
Appearances are required on 2/12/14.
Prior tentative ruling as of 12/2/13. At the last hearing on the disclosure statement, debtor indicated that she would submit financial projections as requested by the United States Trustee. Appearances are required on 12/4/13, but counsel may appear by telephone.
No tentative ruling as of 10/28/13. Appearances are required on 10/30/13. Debtor to address objections of United States Trustee and secured creditor Deutsche Bank. Although a confirmation matter, the court is not inclined to confirm a plan with a 36 year payout on the secured claim since no apparent
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justification is provided for the protracted payment and such appears to be discriminatory and unduly shifting the risk of lack of plan feasibility to that creditor. Appearances are required on 10/3013.
Debtor(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
Movant(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
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Docket 1
Updated tentative ruling as of 1/28/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold
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Docket 141
Off calendar. Continued on the court's own motion to 3/6/19 at 11:00 a.m. by prior order. No appearances are required on 1/30/19.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
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Docket 1
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 5/15/18 will not be approved since this court generally requires at least 60 days notice to creditors of a claims bar date. The estimated administrative expenses in this case stated in the status report for $250,000 to $350,000 seem high, especially since debtors' budget motion and income and expense statements showing net income of about $1,700 per month do not show that debtors have the ability to afford such expenses.
There should be some explanation why the large amount of professional fee expenses estimated in the status report are needed in this case, and how debtors will be able to pay for these expenses (i.e., are they selling their real property to raise funds to pay for these fees). Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
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Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
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Docket 82
Revised tentative ruling as of 1/28/19. Debtor filed an amended disclosure statement on 1/23/19, which may require a continance of the hearing to allow creditors to respond. Scheduling of a further hearing on the disclosure statement may be affected due to a possible further government shutdown in three weeks, which may impact the operations of the judiciary.
Appearances are required on 1/30/19, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
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Docket 1
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/29/18. No tentative ruling on the merits. Appearances are required on 10/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
No updated tentative ruling as of 8/20/18. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The claims bar date should be at least 60 days from the date of notice of bar date to creditors, so 6/1/18 is not appropriate. Otherwise, no tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
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Docket 1
Off calendar. Order to show cause vacated by prior order. No appearances are necessary.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
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Docket 1
Updated tentative ruling as of 1/28/19. Off calendar. Continued to 3/13/19 at 11:00 a.m. by hearing held on 1/16/19. No appearances are required on 1/30/19.
Prior tentative ruling as of 12/17/18. Off calendar. Continued on the court's own motion to 1/16/19 at 11:00 a.m. to be conducted with the hearing on debtor's disclosure statement. No appearances are required on 12/19/18.
Prior tentative ruling as of 11/6/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
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Docket 1
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling. The status conference is continued to October 3, 2018 at 11:00 a.m. pursuant to Mr. Aver's ex parte motion (Docket No. 36) and the order entered on September 18, 2018.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
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fr. 12/12/18, 12/19/18
Docket 74
Off calendar. Motion withdrawn by stipulation and order. No appearances are necessary.
Debtor(s):
Rich Honey, Inc. Represented By Todd L Turoci
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Docket 1
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Debtor(s):
Rich Honey, Inc. Represented By Todd L Turoci
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Docket 140
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. The court is still deliberating on the contested matters of trustee's adversary proceeding against defendants Sharron and Beyond Basics for fraudulent transfer, open account and related claims, his objection to Sharron's claims and Sharron's motion for payment of claims and has completed a draft of the memorandum decision of approximately 120 pages, but will need a week or so to complete minor editing, proofreading and cite-checking before issuing the decision. The court will set a further status conference in two weeks on 1/30/19 at 11:00 a.m. Appearances are optional on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Updated tentative ruling as of 11/5/18. The court is still deliberating on the
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adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics and expects to issue a ruling by 11/30/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m.
Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. The court is still deliberating on the adversary proceeding and contested matters involving Lowell Sherron and Beyond Basics. Otherwise, no tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/19/18. Off calendar. The court continues the status conference on its own motion to 4/25/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/25/18. No appearances are required on 3/21/18.
Prior tentative ruling as of 1/12/18. Off calendar. The court continues the status conference on its own motion to 3/21/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/21/18. No appearances are required on 1/17/18.
Corrected tentative ruling as of 10/25/17. Off calendar. The court continues the status conference on its own motion to 1/17/18 at 11:00 a.m. and dispenses with the requirement of a written status report for the status
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conference on 1/17/18. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the status conference on its own motion to 10/25/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/19/17. Off calendar. The court continues the status conference on its own motion to 8/30/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 8/30/17. No appearances are required on 6/21/17.
Updated tentative ruling as of 4/24/17. Off calendar. The court continues the status conference on its own motion to 6/21/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 6/21/17. No appearances are required on 4/26/17.
Prior tentative ruling as of 3/27/17. Off calendar. The court continues the status conference on its own motion to 4/26/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 4/26/17. No appearances are required on 3/29/17.
Updated tentative ruling as of 1/23/17. Off calendar. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 3/29/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 3/29/17. No appearances are required on 1/25/17.
Prior tentative ruling as of 10/17/16. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. In light of the current pending litigation, especially the Sharron adversary proceeding, it seems that a further status conference should be set in about 120 days. Appearances are required on 6/15/16, but counsel may appear by telephone.
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Prior tentative ruling as of 12/1/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 12/2/15, but counsel may appear by telephone.
Prior tentative ruling as of 7/27/15. The court has reviewed the liquidating trustee's status report. No tentative ruling on the merits. Appearances are required on 7/29/15 to discuss scheduling of further post-confirmation proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 3/9/15. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed liquidating trustee's post-confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of claims as described in the status report. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/2/14. Appearances are required on 9/3/14, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the liquidating trustee's status report and continues the status conference on its own motion to 9/3/14 at 11:00 a.m. to allow the parties a limited opportunity to continue in plan modification negotiations. No appearances are required on 8/21/14.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
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Movant(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
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Docket 67
Updated tentative ruling as of 1/28/19. Off calendar. The court has issued a memorandum decision and order on the motion. No further appearances are necessary.
Prior tentative ruling as of 1/14/19. Appearances are required on 1/16/19, but counsel may appear by telephone.
Revised updated tentative ruling as of 1/8/19. The court is still deliberating on the motion after the evidentiary hearing, but intends to announce its ruling by the deadline of 1/18/19. No tentative ruling on the merits. The court expects to continue the hearing to 1/16/19 at 11:00 a.m. at which time other matters in this case are noticed for hearing. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior Updated tentative ruling as of 10/22/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 10/25/18.
Revised tentative ruling as of 10/1/18 at 6:00 p.m.:
Treat motion to assume lease as a contested matter under FRBP 9014 because there are disputed issues of material fact that may require an evidentiary hearing to resolve (including debtor's status as tenant in fact as opposed to being listed on the lease, whether landlord validly invoked the recapture provisions of the lease, whether debtor has the ability to perform the lease if assumed) and treat hearing as a status conference to schedule further pretrial and trial proceedings. See In re Gentile Family Industries, 2014 WL 4091001 (9th Cir. BAP 2014)(acknowledging but not deciding whether the Ninth Circuit's decision in In re G.I. Industries, Inc., 204 F.3d
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1276 (9th Cir. 2000), citing, In re Orion Pictures Corp., 4 F.3d 1095 (2nd Cir. 1993), should be broadly or narrowly construed; see also, In re Miller, 2016 WL 1316763 (Bankr. D. Mont. 2016)(narrowly construing G.I. Industries to rejection of an executory contract or lease). The court is inclined to agree with Debtor that the applicable rule is the two-step analysis for determining whether a lease may be assumed under 11 U.S.C. 365 set forth in In re Waterkist Corp. 775 F.2d 1089 (9th Cir. 1985) and In re Windmill Farms, Inc., 841 F.2d 1467 (9th Cir. 1988). Landlord argues that G.I. Industries, following Orion Pictures, having a circumscribed view of the analysis of a motion to assume or reject a contract applies here, but that would mean that G.I. Industries impliedly overruled the two-part rule in Waterkist Corp. Landlord argues that G.I. Industries governs because it is a later pronouncement by the circuit, but that may not be right because it generally takes an en banc panel decision to overrule the case precedent of a prior circuit panel and arguably, the two-part rule involves a narrow, specific issue of lease assumption rather than general issue of assumption or rejection of executory contracts, and thus, the specific takes precedence over the general. The court hesitates to reach a conclusion on whether Waterkist was overruled by G.I. Industries in some fashion since this has not been adequately briefed by the parties and the court's research is preliminary and incomplete. However, the state of the case law in the circuit may be in flux as shown by the BAP's unpublished decision in Gentile Family Industries referring both to G.I. Industries and Windmill Farms, but not to the two-rule rule specifically. Since the motion for the assumption of the lease is important to the parties, and perhaps decisive of debtor's reorganization prospects, it makes sense to decide the motion in a contested matter to resolve factual issues. The court understands Landlord prefers deciding the contract dispute issues in state court as indicated in its stay relief and remand motions, but it seems that the court has jurisdiction to decide such issues in a contested matter or adversary proceeding related to lease assumption. The court's approach in In re Belasco Unlimited Corp., No. 2:14-bk-26546-BR Chapter 11 (Bankr. C.D. Cal., findings of fact and conclusions of law after evidentiary hearing on motion to assume lease, filed and entered on April 8, 2015) is illustrative and is consistent with the holding in Gentile Family Industries.
Tentative rulings on TMC Realty, Inc.'s evidentiary objections to the declaration of Alan Nathan:
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Objection #1 (page: line(s) 37:6-10): Overrule.
Objection #2 (39:13-15): Overrule.
Objection #3 (39:19-21): Sustain - lack of foundation. Objection #4 (39:25-26): Sustain - lack of foundation. Objection #5 (40:6-10): Sustain - improper opinion.
Objection #6 (40:18-22): Sustain as to phrases "In contravention of the Lease" and "improperly and prematurely"- improper opinion, otherwise overrule.
Objection #7 (40:25-27): Sustain - lack of foundation, improper opinion. Objection #8 (41:15-17): Sustain - lack of foundation, improper opinion. Objection #9 (41:26-27): Sustain - improper opinion.
Objection #10 (42:13-17): Sustain - improper opinion.
Objection #11 (43:21-23): Sustain as to phrase "and gave express consent for the Debtor to possess and operate at the Premises under the Lease" - improper opinion, otherwise overrule.
Objection #12 (44:13-16): Sustain - improper opinion. Objection #13 (44:17-21): Sustain - improper opinion. Objection #14 (44:22-26): Sustain - improper opinion. Objection #15 (46:21-47:2): Sustain - improper opinion.
Objection #16 (48:14-18): Sustain as to sentence, "As sest forth above, the Debtor's financial problems were precipated, in-part, by the Landlord's demand and actions to prematurely and improperly terminate the Lease." - improper opinion. Sustain as to sentences, "However, Debtor is operating profitably. Attached as 'Exhibit 14 hereto is the Debtor's projection of income and expenses through September 30, 2023. These projections show that the Debtor can satisfy its future obligations under the Lease." - lack of foundation.
The court comments that Mr. Nathan's improper opinions are disguised arguments which are not relevant and best left to counsel in briefing and that Debtor will need to provide a factual foundation for Mr. Nathan's testimony about the preparation of the Debtor's financial projections (i.e., describing who made the projections, what data was relied upon for the projections and what reasonable assumptions were made for such projections).
Appearances are required on 10/3/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
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Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
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fr. 1/16/19
Docket 118
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
No tentative ruling as of 1/14/19. Appearances are required on 1/16/19, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
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fr. 1/16/19
Docket 117
Updated tentative ruling as of 1/28/19. The court has granted the motion by prior order. No appearances are required on 1/30/19.
Prior tentative ruling. Grant debtor's motion to extend plan exclusivity dates for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 1/16/19, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
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fr. 10/25/18, 1/9/19, 1/16/19
8800 Sunset Boulevard
West Hollywood, California 90069
Ground Floor Restaurant Space and Adjacent Patio (aka Estrella)
Docket 35
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these
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factors are closely related to those that a bankruptcy court must consider in deciding to exercise permissive abstention under 28 U.S.C. §1334( c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay relief. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). The Landlord’s unlawful detainer action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed unlawful detainer action of Landlord was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to Landlord’s state law claim.
The difficulty or unsettled nature of the applicable law. This factor
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is neutral because the Landlord’s unlawful detainer action does not involve law which is difficult or unsettled in nature.
The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because Landlord’s unlawful detainer action was filed in state court and a trial date was set in that action, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms
v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors stay relief because Landlord’s unlawful detainer is noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). (Landlord has not filed a proof of claim which would be a core proceeding relating to the same substantive claim. In re Thorpe Insulation Co., 671 F.3d 1011, 1021 (9th Cir. 2012). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Landlord’s unlawful detainer action could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. § 1334 to determine Debtor’s motion to assume the lease pursuant to 11
U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor is not able to assume the lease, Debtor will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Landlord’s unlawful detainer action as stated above is noncore. However, as also noted above, the outcome of the unlawful detainer action which is related to the lease will have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
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The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay relief because the unlawful detainer action and the bankruptcy law matter of lease assumption are interrelated.
The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the unlawful detainer action to this court after a trial was set in state court in that action.
The existence of a right to a jury trial. This factor does not favor stay relief. Landlord does not have a right to jury trial on its unlawful detainer action or on Debtor’s intended lease assumption motion.
The presence in the proceeding of nondebtor parties. This factor does not favor stay relief since Debtor and Landlord are the only parties involved in these actions.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of the unlawful detainer action will substantially impact Debtor’s ability to effectively reorganize and that litigation of the removed action and related bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d at
1022-1023.
11:00 AM
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
11:00 AM
fr. 10/3/18, 10/25/18, 1/9/19, 1/16/19
TMC Realty, LLC v. 8800 Sunset, LLC and 8800 LLC LASC Case Number SC129282
Docket 34
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling.
The courts in the Ninth Circuit have identified various factors relevant to determining whether the automatic stay should be lifted to allow a creditor to continue pending litigation in a non-bankruptcy forum pursuant to 11
U.S.C. § 362(d)(1). In re Plumberex Specialty Products, Inc., 311 B.R. 551, 557-561 (Bankr. C.D. Cal. 2004), citing inter alia, In re Curtis, 40 B.R. 795, 799-800 (Bankr. D. Utah 1984). As stated by the court in Plumberex, these factors are closely related to those that a bankruptcy court must consider in
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deciding to exercise permissive abstention under 28 U.S.C. §1334(c)(1). 311
B.R. at 558 and n. 13, citing inter alia, In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990). The twelve permissive abstention/stay relief factors set forth by the Ninth Circuit in Tucson Estates which this court normally considers are:
The effect or lack thereof on the efficient administration of the estate if a court recommends remand. This factor does not favor stay relief. Debtor’s lease is one of the primary assets of its estate, and the leased premises are Debtor’s principal place of business where most of its assets are located. Debtor intends to file a motion to assume the lease under 11
U.S.C. §365, which will have a major impact on Debtor’s prospects for reorganization in this case, and in order for the court to determine the lease assumption motion, the court will have to make the determinations of the not yet judicially determined issues of state law of the validity of the lease termination by Landlord and any claim of relief from lease forfeiture by Debtor, which are intertwined with the lease assumption motion issues. In re Art and Architecture Books of the 21st Century, No. 2:13-bk-14135-RK Chapter 11 (Bankr. C.D. Cal., statement of decision filed on April 15, 2013), citing, In re Turbowind, Inc., 42 B.R. 579, 583 (Bankr. S.D. Cal. 1984). This bankruptcy court has authority to decide the state law issues of validity of lease termination and lease forfeiture relief. Id., citing, In re Windmill Farms, Inc., 841 F.2d 1467, 1468-1474 (9th Cir. 1988); see also, Matter of Escondido West Travelodge, 52 B.R. 376, 382 (S.D. Cal. 1985). Debtor's breach of lease action for which stay relief is sought concerns the estate’s leasehold interest, and Debtor’s ability to assume the lease and continue its business operations would be affected by the outcome of that action.
The extent to which state law issues predominate over bankruptcy issues. This factor favors stay relief because the removed breach of lease action of Debtor was initially filed in state court and is based on a state law claim, though Debtor plans to litigate bankruptcy claims under to 11 U.S.C. §§ 365, 541, 547 and 548 related to the lease.
The difficulty or unsettled nature of the applicable law. This factor is neutral because Debtor's breach of lease action does not involve law which is difficult or unsettled in nature.
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The presence of a related proceeding commenced in state court or other non-bankruptcy court. This factor favors stay relief because Debtor's breach of lease was filed in state court, though the court notes Debtor’s argument that there are no longer proceedings in state court due to the removal. Security Farms v. International Brotherhood of Teamsters, etc., 124 F.3d 999, 1010 (9th Cir. 1997).
The jurisdictional basis, if any, other than 28 U.S.C. § 1334. This factor favors stay relief because Debtor's breach of lease claims are noncore. The Ninth Circuit observed that if a proceeding does not invoke a substantive right created by federal bankruptcy law and if it could exist outside of bankruptcy, it is noncore. In re Eastport Associates, 935 F.2d 1071, 1076 (9th Cir. 1991). See also, Schultze v. Chandler, 765 F.3d 945, 950-951 (9th Cir. 2014)(state law claim against estate professional arising in case under Bankruptcy Code was core proceeding)). Debtor’s breach of lease action could exist outside of bankruptcy, and are thus noncore, and thus, the court exercises only its "related to" jurisdiction under 28 U.S.C. §1334 to determine Debtor’s motion to assume the lease pursuant to 11 U.S.C. § 365 and its claims pursuant to 11 U.S.C. §§ 541, 547 and 548.
The degree of relatedness or remoteness of the proceeding to the main bankruptcy case. This factor does not favor stay relief because if Debtor's claims are related to its intended motion to assume the lease, without which it will not be able to reorganize.
The substance rather than form of an asserted "core" proceeding. This factor favors stay relief. Debtor's breach of lease action as stated above is noncore. However, as also noted above, the outcome of this action which is related to the lease may have substantial impact on the outcome of Debtor’s efforts to reorganize in this Chapter 11 bankruptcy case.
The feasibility of severing state law claims from core bankruptcy matters to allow judgments to be entered in state court with enforcement left to the bankruptcy court. This factor does not favor stay relief because Debtor's breach of lease action and the bankruptcy law matter of lease assumption appear to be interrelated.
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The burden on the bankruptcy court’s docket. This factor is neutral.
The likelihood that the commencement of the proceeding in bankruptcy court involves forum shopping by one of the parties. This factor favors stay relief because arguably, Debtor is engaging in forum shopping because that it removed the breach of lease action to this court after a trial in Landlord's related unlawful detainer action was set in state court.
The existence of a right to a jury trial. This factor favors stay relief. Landlord probably has a right to a jury trial on Debtor’s breach of lease action against it, though Landlord can exercise any rights to a jury trial in that action pursuant to Fed. R. Bankr. P. 9015 and Fed. R. Civ. P. 38(b).
The presence in the proceeding of nondebtor parties. This factor does not favor stay relief since Debtor and Landlord are the only parties involved in the removed action.
In weighing the various stay relief factors, the court is inclined to deny the remand motions under the circumstances of this case because the resolution of Debtor's breach of lease claims may substantially impact Debtor’s ability to effectively reorganize because it is related to its bankruptcy claims of lease assumption and transfer avoidance can and should be litigated in a single forum to effectuate the purposes of the Bankruptcy Code which include "[c]entralization of disputes concerning a debtor’s legal obligations" and "protecting creditors and reorganizing debtors from piecemeal litigation." In re Thorpe Insulation Co., 671 F.3d 1011, 1022-1023 (9th Cir. 2012).
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong
11:00 AM
Docket 1
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. No tentative ruling on the merits. Appearances are required on 9/12/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik
11:00 AM
Adv#: 2:18-01237 TMC Realty, LLC v. 8800 Sunset LLC et al
Docket 1
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No tentative ruling as of 9/10/18. Appearances are required on 9/11/18, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
8800 Sunset LLC Represented By
11:00 AM
Jeffrey S Kwong Martin J Brill David B Golubchik
8800 LLC Represented By
Jeffrey S Kwong Martin J Brill David B Golubchik
Plaintiff(s):
TMC Realty, LLC Pro Se
11:30 AM
fr. 11/7/18, 11/14/18, 11/28/18
Docket 103
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Updated tentative ruling as of 11/26/18. Although not cited in their papers, the parties should be prepared to discuss the factors setting forth the standard in this circuit for permissive abstention in In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). See also, In re Szanto, 2016 WL
3256989 (9th Cir. BAP 2016); In re Roger, 2015 WL 7566647 (C.D. Cal.
2015). It seems to the court that the court should permissively abstain and stay the proceedings long enough to allow the state courts to determine on the merits creditor's claims pending in the state court actions which raise substantively noncore, state law claims, for the reasons stated in the court's rulings on creditor's remand motions. It would be helpful for the parties to report on the status of the proceedings in the state court actions because the papers are not informative about that. Appearances are required on 11/28/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 11/5/18. Off calendar. Continued on the court's own motion to 11/14/18 at 11:00 a.m. No appearances are required on 11/7/18.
Prior tentative ruling. Continued on the court's own motion by written order to 11/7/18 at 10:00 a.m. No appearances are required on 10/24/18.
11:30 AM
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:30 AM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
fr. 11/13/18, 11/28/18
Docket 31
Updated tentative ruling as of 1/28/19. Off calendar. The court has granted abstention by prior order. No appearances are required on 1/30/19.
Updated tentative ruling as of 11/26/18. Although not cited in their papers, the parties should be prepared to discuss the factors setting forth the standard in this circuit for permissive abstention in In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). See also, In re Szanto, 2016 WL
3256989 (9th Cir. BAP 2016); In re Roger, 2015 WL 7566647 (C.D. Cal.
2015). It seems to the court that the court should permissively abstain and stay the proceedings long enough to allow the state courts to determine on the merits creditor's claims pending in the state court actions which raise substantively noncore, state law claims, for the reasons stated in the court's rulings on creditor's remand motions. It would be helpful for the parties to report on the status of the proceedings in the state court actions because the papers are not informative about that. Appearances are required on 11/28/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 11/14/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
11:30 AM
Defendant(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Shabnam Mesachi Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
11:30 AM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
(4) for declaratory relief requesting adjudication of pending state court lawsuits fr. 7/17/18, 10/16/18, 1/8/19
Docket 1
Updated tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. Off calendar. By order entered on 12/7/18, the status conference has been reset for 1/30/19 at 1:30 p.m. No appearances are required on 1/8/19.
Prior tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Pro Se
Shabnam Mesachi Pro Se
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:30 AM
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
1:30 PM
Docket 612
Off calendar. Continued to 2/27/19 at 1:30 p.m. by order entered on 1/10/19. No appearances are required on 1/30/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 11/29/18, 12/13/18, 12/19/18
Docket 390
Updated tentative ruling as of 1/28/19. Off calendar. Continued to 2/27/19 at 1:30 p.m. by order entered on 1/10/19. No appearances are required on 1/30/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as
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required and intends to continue the pretrial conference for this purpose. Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather
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than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 11/13/18, 12/19/18
Docket 548
Updated tentative ruling as of 1/28/19. Off calendar. Continued to 2/27/19 at 1:30 p.m. by order entered on 1/10/19. No appearances are required on 1/30/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 12/19/18 at 11:00 a.m. No appearances are required on 11/13/18.
Corrected tentaive ruling. Off calendar. The court on its own motion continues the hearing on the application to 11/14/18 at 1:30 p.m. to be heard with hearings on other matters in the case on that date. No appearances are required on 11/13/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 12/19/18
Docket 594
Updated tentative ruling as of 1/28/19. Off calendar. Continued to 2/27/19 at 1:30 p.m. by order entered on 1/10/19. No appearances are required on 1/30/19.
Prior tentative ruling as of 12/17/18. Appearances are required on 12/19/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Docket 174
Updated tentative ruling as of 1/28/19. Off calendar. Continued to 2/27/19 at 1:30 p.m. by order entered on 1/10/19. No appearances are required on 1/30/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits.
1:30 PM
Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
1:30 PM
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 11/29/18, 12/13/18, 12/19/18
Docket 1
Updated tentative ruling as of 1/28/19. Off calendar. Continued to 2/27/19 at 1:30 p.m. by order entered on 1/10/19. No appearances are required on 1/30/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a
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joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
9:00 AM
Adv#: 2:15-01323 Franowicz et al v. Cook
Docket 106
No tentative ruling as of 1/24/19. Appearances are required on 1/31/19.
Debtor(s):
Brian J Cook Represented By
Rex Tran
Theresa J Macellaro Rosaline S Ayoub
Defendant(s):
Brian J Cook Pro Se
Joint Debtor(s):
Victoria Velasquez Cook Represented By Andrew Goodman Yi S Kim
Robert D Bass Rex Tran
Theresa J Macellaro
Plaintiff(s):
Edward Franowicz Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman Rachel M Sposato
Larissa Gallagher Represented By
9:00 AM
Trustee(s):
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman Rachel M Sposato
Heide Kurtz (TR) Represented By
Lei Lei Wang Ekvall Kyra E Andrassy
9:00 AM
Adv#: 2:15-01323 Franowicz et al v. Cook
19, 41, 48, 57, 58, 62, 65, 66, 71, 72, 73, 74, 75, 76, 78, 82 and 92) over objection of
Brian Cook
Docket 104
No tentative ruling as of 1/24/19. Appearances are required on 1/31/19.
Debtor(s):
Brian J Cook Represented By
Rex Tran
Theresa J Macellaro Rosaline S Ayoub
Defendant(s):
Brian J Cook Pro Se
Joint Debtor(s):
Victoria Velasquez Cook Represented By Andrew Goodman Yi S Kim
Robert D Bass Rex Tran
Theresa J Macellaro
Plaintiff(s):
Edward Franowicz Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman Rachel M Sposato
9:00 AM
Larissa Gallagher Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman Rachel M Sposato
Trustee(s):
Heide Kurtz (TR) Represented By
Lei Lei Wang Ekvall Kyra E Andrassy
9:00 AM
Adv#: 2:15-01323 Franowicz et al v. Cook
269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281 and 282) over objection
of Brian Cook
Docket 105
No tentative ruling as of 1/24/19. Appearances are required on 1/31/19.
Debtor(s):
Brian J Cook Represented By
Rex Tran
Theresa J Macellaro Rosaline S Ayoub
Defendant(s):
Brian J Cook Pro Se
Joint Debtor(s):
Victoria Velasquez Cook Represented By Andrew Goodman Yi S Kim
Robert D Bass Rex Tran
Theresa J Macellaro
Plaintiff(s):
Edward Franowicz Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman Rachel M Sposato
9:00 AM
Larissa Gallagher Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman Rachel M Sposato
Trustee(s):
Heide Kurtz (TR) Represented By
Lei Lei Wang Ekvall Kyra E Andrassy
9:00 AM
Adv#: 2:15-01323 Franowicz et al v. Cook et al
fr. 4/10/18, 6/26/18, 10/2/18
Docket 1
Revised tentative ruling as of 1/28/19. No tentative ruling will be issued for the trial. The trial will begin at 9:00 a.m. and will conclude for the day at 2:00
p.m. due to the court's scheduling conference. If not completed, the trial will resume on 2/1/19 at 9:00 a.m. Appearances are required on 1/31/19
Prior tentative ruling as of 1/24/19. No tentative ruling will be issued for the trial. If the trial is not concluded by 1/31/19, the continuation of the trial will be postponed due to the partial government shutdown resulting from a lapse of appropriations, which bars the judiciary from working on matters that are not excepted from the Anti-Deficiency Act, 31 U.S.C. 1342, based on emergencies involving safety of human life or the protection of property. In the court's view, this matter does not fall within an exception to the Anti- Deficiency Act, and due to the lack of funding of normal judiciary functions after 1/31/19, this matter will be stayed after 1/31/19 until the resumption of normal government funding. Parties may appear and be heard on the court's tentative ruling as to a stay of proceedings after 1/31/19, and if the matter is stayed, the court will discuss setting of future trial dates. Appearances are required on 1/31/19.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/2/18.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/26/18.
Prior tentative ruling as of 4/9/18. The court has reviewed the joint pretrial
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stipulation, and after its review, the court is of the opinion that the matter is not ready for trial. The parties have indicated that expert discovery has not been completed. Plaintiffs have stated that they will call expert witnesses at trial, and defendant reserved his right to do so. The court believes that the parties should disclose the identity of their expert witnesses and be required for such expert witnesses to produce their expert reports, and a deposition schedule be set. As to evidentiary objections to exhibits, the parties have each stated that they reserve all objections to some exhibits, which is not permitted by the court's rules and procedures, and the court will disregard the reservation of rights to object, which means that the parties asserting an objection must state specific groudns for an objection or the objections based on reservations of rights will be overruled, and such exhibits will be received into evidence. The court will allow parties some time to interpose objections based on specific grounds as to those exhibits. As to presentation of deposition testimony, plaintiffs state that they will object to the use of deposition testimony of plaintiffs, but do not state a reason. It appears to the court that the parties should mark and countermark deposition transcripts in accordance with the court's local rules and the parties can interpose objections to admission of deposition testimony at that time. In the joint pretrial stipulation, defendant stated that the trial should be bifurcated to first determine the existence of a debt and then determine whether such debt is dischargeable, but plaintiffs stated no position as to bifurcation. The court is not inclined to bifurcate the trial since there is no apparent benefit to the court or the parties by doing so, but plaintiffs will need to state their position on the issue. The parties should be prepared to discuss scheduling of expert discovery, submission of an amended joint pretrial stipulation and dates for a further pretrial conference. Appearances are required on 4/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 10/16/17. Appearances are required on 10/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 8/7/17. The court has reviewed plaintiffs'
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status report stating that they intend to proceed with prosecution of the adversary complaint. According to the status report, plaintiffs seek specified damages of $32,018.06 for rent and settlement costs, plus an unspecified amount of damages for attorneys' fees they have incurred. Plaintiffs should be prepared to disclose: (1) the amount of attorneys' fees that they incurred and are seeking an award and (2) the substantive legal basis for an award of attorneys' fees because none was alleged in the complaint or specified in the purchase and sale agreement for the subject property (preliminarily, the court is of the view that the attorneys' fees clause in the lease agreement would not apply since the alleged fraud was with the purchase and sale agreement).
Appearances are required on 8/8/17 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling as of 6/26/17. The court has reviewed the joint pretrial stipulation. No tentative ruling on the merits. The court will discuss the issues raised in the joint pretrial stipulation regarding the effect of the approval of the settlement between trustee and the Franowicz/Gallagher parties. Appearances are required on 6/27/17.
Prior tentative ruling as of 5/26/17. Off calendar. Continued to 6/27/17 at 2:00 p.m. as stated orally at a hearing on trustee's motion to approve settlement with Franowicz/Gallagher parties in the main bankruptcy case on 5/15/17. No appearances are required on 5/30/17.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/21/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/13/17. The court has reviewed the joint status report. Appearances are required on 1/17/17 to discuss scheduling of further proceedings, including a pretrial conference.
Prior tentative ruling as of 5/27/16. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/31/16, but counsel
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may appear by telephone. Plaintiffs to submit a proposed scheduling order within 7 days of hearing.
Prior tentative ruling as of 2/22/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 2/24/16 to address scheduling and referral to mediation, but counsel may appear by telephone.
Prior tentative ruling as of 12/14/15. Treat as contested matter under FRBP 9014. No tentative ruling on the merits. Appearances are required on 12/16/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 11/23/15. Off calendar. This matter is trailed with the pretrial conference on creditors' motion to dismiss the bankruptcy case and debtors' motion to reject executory contract, which have been continued by stipulation and order to 12/15/15 at 2:00 p.m. No appearances are required on 11/24/15.
Prior tentative ruling as of 10/9/15. Off calendar. Continued to 11/24/15 at 2:00 p.m. on the court's own motion at a hearing in the bankruptcy case on 10/6/15. No appearances are required on 10/13/15.
Prior tentative ruling. The court has reviewed the joint status report requesting that the status conference be continued until after the evidentiary hearing on creditors' motion to dismiss the underlying bankruptcy case is conducted. Appearances are required on 8/25/15 to discuss scheduling, but counsel may appear by telephone.
Debtor(s):
Brian J Cook Represented By
Rex Tran
Defendant(s):
Brian J Cook Represented By
Rex Tran
9:00 AM
Victoria Velasquez Cook Represented By Andrew Goodman Rex Tran
Interested Party(s):
Courtesy NEF Represented By Theresa J Macellaro
Joint Debtor(s):
Victoria Velasquez Cook Represented By Andrew Goodman Yi S Kim
Robert D Bass Rex Tran
Plaintiff(s):
Edward Franowicz Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman
Larissa Gallagher Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman
Trustee(s):
Heide Kurtz (TR) Represented By
Lei Lei Wang Ekvall
U.S. Trustee(s):
United States Trustee (LA) Pro Se
9:00 AM
Adv#: 2:15-01323 Franowicz et al v. Cook et al
fr. 6/26/18, 10/2/18, 1/31/19
Docket 1
Revised tentative ruling as of 1/28/19. No tentative ruling will be issued on the merits for trial. Appearances are required on 2/1/19 if the trial is not concluded by 1/31/19.
Prior tentative ruling. No tentative ruling will be issued on the merits for the trial. If the trial is not concluded by 1/31/19, the continuation of the trial after 1/31/1/9 will be postponed due to the partial government shutdown resulting from a lapse of appropriations, which bars the judiciary from working on matters that are not excepted from the Anti-Deficiency Act, 31 U.S.C. 1342, based on emergencies involving safety of human life or the protection of property. This matter does not fall within an exception to the Anti-Deficiency Act, and due to the lack of funding of normal judiciary functions after 1/31/19, this matter will be stayed after 1/31/19 until the resumption of normal government funding. Appearances are not required on 2/1/19 absent resumption of normal government funding.
i
Debtor(s):
Brian J Cook Represented By
Rex Tran
Defendant(s):
Brian J Cook Represented By
Rex Tran
9:00 AM
Victoria Velasquez Cook Represented By Andrew Goodman Rex Tran
Interested Party(s):
Courtesy NEF Represented By Theresa J Macellaro
Joint Debtor(s):
Victoria Velasquez Cook Represented By Andrew Goodman Yi S Kim
Robert D Bass Rex Tran
Plaintiff(s):
Edward Franowicz Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman
Larissa Gallagher Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman
Trustee(s):
Heide Kurtz (TR) Represented By
Lei Lei Wang Ekvall
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:30 AM
Docket 146
No tentative ruling on the merits. The record is unclear as to what the fees are owed to the discovery referee. The referee's invoice refers to a fee retainer of $10,000 allocated among the parties in the state court litigation, but it is unclear whether the fees are for work already performed prepetition or postpetition, or to be performed postpetition, that is, raising the question whether the fees are a prepetition or a postpetition claim subject to the automatic stay either as enforcement of a prepetition claim or enforcement of a claim, whether prepetition or postpetition, against property of the estate. It would be helpful for counsel to explain the status of the proceedings before the discovery referee, so the court can determine whether the situation is more like In re Berg, 230 F.3d 1165 (9th Cir. 2000) or more like NLRB v.
Continental Hagen Corp., 932 F.2d 828 (9th Cir. 1991). Also, it would be helpful for counsel to explain what happens to the discovery dispute litigation if the fees are not paid by debtors. Apparently, the state court is concerned about prospectively engaging in conduct that may be violative of the stay in enforcing a claim against property of the estate. Appearances are required on 2/5/19, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
10:30 AM
(The Bank of New York Mellon VS Debtor)
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Lyle Lagarde Represented By
Erika Luna
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
Docket 7
Movant has not provided adequate evidence of standing, relying upon unauthenticated and inadmissible title report provided by nongovernmental business. FRE 901 and 902. Movant should provide copy of certificate of title from official government source such as California Department of Motor Vehicles to demonstrate standing. Otherwise, no tentative ruling.
Appearances are required on 2/5/19, but counsel may appear by telephone.
Debtor(s):
Chashon E Presley Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 10
No tentative ruling will be issued on the motion heard on shortened notice. Appearances are required on 2/5/19, but counsel may appear by telephone.
Debtor(s):
Primitiva, Inc. Represented By Peter M Lively
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 2/4/19. The court has reviewed debtor’s status report requesting to be heard on the hardship caused by the delay of decision of Phase I of the trial. To bring this matter promptly to conclusion, the court is of the view that Phase II of the trial is probably needed and suggests that the parties to the dispute of debtor’s objection to the claim of the IRS, debtor and the government, consider when Phase II can be scheduled and how long it will take (perhaps in March, April or May 2019). The issues relating to Phase II concern factual disputes whether debtor materially participated in the various business enterprises to warrant the business loss deductions, and the court expects that the witnesses would primarily be debtor and those who worked with him in these business enterprises and that the documentary evidence to be offered would be records of the various business enterprises to show his material participation. It seems to the court that debtor was not required to keep contemporaneous daily time reports or logs to substantiate his business activities to demonstrate material participation and may demonstrate it by reasonable means, such as business records and witness testimony showing his business activities to show material participation, which may include his management activities.
If counsel for both debtor and the government appear for the status conference, a date for a status conference can be set, so a trial schedule can be set, or if only counsel for debtor appears, then counsel for debtor can give notice of a status conference to set a trial schedule. The documentary evidence is probably voluminous, which may require a further pretrial conference to consider how to handle for trial.
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To expedite a final determination, the court will issue a written decision on Phase I and will treat it as a tentative decision subject to final ruling after Phase II is completed. This means the parties can make further arguments on the Phase I rulings before a final ruling is made on the matter after Phase
II. In this regard, it would be helpful for counsel for debtor to upload his Phase I proposed findings of fact and conclusions of law, which were filed, but not uploaded, so the court can review for possible adoption.
The court is of the view that since this is a tentative refund situation, the IRS properly assessed the tax without having to follow deficiency procedures, 26
U.S.C. §6213(b)(3). Blansett v. United States, 283 F.2d 474 (8th Cir. 1960), cited in 1 Casey, Federal Tax Practice, §6:21 (November 2018 update), also citing, Rushlight Automatic Sprinkler Co. v. United States, 294 F.2d 572 (9th Cir. 1961)(United States entitled to maintain action for recovery of erroneous refund without previous deficiency notice). Thus, the assessment is not late based on failure to comply with deficiency procedures. Under the traditional rule governing burden of proof of assessed taxes, the taxpayer bears the burden of proving the assessments are arbitrary or erroneous. E.g., United States v. Molitor, 337 F.2d 917 (9th Cir. 1964). (However, due to enactment of 26 U.S.C. §7491 in 1998, the burden of proof may be different where the taxpayer produces credible evidence with respect to any factual issues relevant to ascertaining the liability of the taxpayer for any tax imposed under subtitle A or B of the Internal Revenue Code, including income taxes, but neither party addressed this statute in the proposed findings of fact and conclusions of law.)
If allowable, the tax claim would be entitled to priority status under 11 U.S.C.
§507(a)(8)(A)(iii) as not assessed before, but assessable, under applicable law after the commencement of the case.
The court is also of the view that debtor has not met his burden of proving by a preponderance of the evidence that he timely made the election under 26
U.S.C. §469 and that the government does not have the burden of proving
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that he did not make a timely election based on lack of retention of the tax return which he alleged to have made the election.
However, the court is of the view that debtor could and did properly request the late entity aggregation election under Rev. Proc. 2011-34, which the IRS could and did exercise its discretion for tax years not in litigation (neither 2010 nor 1994 specifically was a tax year is in litigation referred by the IRS to the Justice Department) to grant the request and to notify that debtor as the taxpayer that the procedural requirements of Section 4.02 of the revenue procedure were met and that the taxpayer is to be treated as having made a timely election to treat all interests in rental real estate as a single rental real estate activity for which the late election back to 1994 was requested in the attachment to the amended 2010 return making the request. However, as specified in the section 5 of revenue procedure, such acceptance is not a determination of whether he is eligible to treatment based on the election, which presents factual issues for the tax years in litigation, and the government through the Justice Department can dispute debtor’s eligibility for Rev. Proc. 2011-34 for the years in litigation referred to it, and whether debtor satisfied the requirements of 26 U.S.C. §469(c)(7)(B) or whether he materially participates in any activity. Rev. Proc. 2011-34, §5. The proposed findings of fact on both sides are not specific enough to completely address whether debtor has satisfied these requirements. See, e.g., Estate of Ramirez, T.C. Memo. 2018-196 (2018)(an example regarding specific facts measured against eligibility criteria of Section 4.01 of Rev. Proc. 2011-34 for aggregation treatment).
The court has jurisdiction to determine the tax under 11 U.S.C. §505 as set forth on the proof of claim, and in determining the amount, the court may determine whether or not debtor is eligible for treatment based on the late aggregation election under Rev. Proc. 2011-34, and the so-called "new" issues to determine the correct tax liability based on the amount of the correct tax refund amount. See Lewis v. Reynolds, 284 U.S. 281, 283 (1932).
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Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/22/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
11:00 AM
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 4/25/18 at 11:30 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 3/28/18 at 11:30 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/8/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on 1/10/18.
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status conference to 10/25/17 at 11:30 a.m. No appearances are required on 9/13/17.
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post-
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confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post- confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
fr. 1/8/19
Docket 96
Updated tentative ruling as of 2/4/19. No updated tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone,
Prior tentative ruling. Service of the motion is deficient since there is no proof of service on the 20 largest unsecured creditors as required by FRBP 4001(a)
(1) and 1007(d). The motion appears to be a contested matter under FRBP 9014 with respect to the purpose of stay relief to allow the civil contempt proceeding to go forward in state court whether for the purpose of collecting on the judgment and vindicating private rights or for the purpose of effectuating public policy to deter "unprofessional conduct." In re Dingley, 852 F.3d 1143, 1146-1147 (9th Cir. 2017); see also, Kukui Gardens Corp. v. Holco Capital Group, Inc., 675 F.Supp.2d 1016, 1025-1029 (D. Haw. 2009). Most likely, the court will have to set an evidentiary hearing after proper notice is given to creditors. Appearances are required on 1/8/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
1:30 PM
Adv#: 2:17-01144 Alde Financial Group, LLC v. Martinez
fr. 7/10/18, 9/4/18, 11/13/18
Docket 1
Updated tentative ruling as of 2/4/19. The parties filed a stipulation to resolve the adversary proceeding, but the proposed order on the stipulation may have been rejected because the case docket reflects that defendant is represented by counsel, but in reviewing the case docket and pleadings in this matter, defendant is representing himself, and not by counsel, in this matter, and the case docket is incorrect. The proposed order on the stipulation should be relodged for review and approval by the court. Appearances are required on 2/5/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. The court has reviewed the joint status report. Appearances are required on 11/14/17 to discuss the possibility of joint mediation, scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone. The consensus of the parties seems to be a discovery cutoff date of March 2018, i.e., March 31, 2018, a pretrial conference in April 2018, and a trial date in June 2018.
The parties should be prepared to discuss how the case should be tried, given there are 6 sets of plaintiffs, and the length of trial, so that all parties have a full and fair opportunity to present their various cases. Perhaps it would be helpful to consider trying certain claims based on commonality of witnesses and facts, such as the particular type of investment vehicle involved. Defendant indicated an interest in mediation, but plaintiffs indicated no interest in mediation, and the court would like to hear from plaintiffs why mediation would not be helpful in resolving their claims, given that collectibility of defendant is probably an issue.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 9/26/17.
Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
1:30 PM
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Alde Financial Group, LLC Represented By Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01146 Karen Baird v. Martinez
fr. 7/10/18, 9/4/18, 11/13/18
Docket 1
Updated tentative ruling as of 2/4/19. The parties filed a stipulation to resolve the adversary proceeding, but the stipulation was deficient because it lacked defendant's counsel's signature since defendant is represented by counsel in this matter as indicated by a prior substitution of counsel. The stipulation should be refiled with counsel's signature. Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
1:30 PM
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 9/1/17 and a further postdiscovery status conference for 9/26/17 at 1:30 p.m. with a joint status report due on 9/19/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 9/26/17.
Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Karen Baird Represented By
Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01147 Hinojos v. Martinez
Docket 1
Updated tentative ruling as of 2/4/19. Off calendar. Stipulated judgment entered. No appearances are necessary.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Ezequiel Hinojos Represented By Thomas Spielbauer Thomas Spielbauer
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01149 Van v. Martinez
Docket 1
Updated tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18,
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but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the status reports filed by the parties. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Sandy Van Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01157 Wideload Investments, LLC et al v. Martinez
fr. 7/10/18, 9/4/18, 11/13/18
Docket 1
Updated tentative ruling as of 2/4/19. Off calendar. Stipulated judgment entered. No appearances are necessary.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation
1:30 PM
and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Wideload Investments, LLC Represented By Ryan A. Ellis
Benjamin Rudnitsky Represented By Ryan A. Ellis
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01158 Carter et al v. Martinez
[11 U.S.C. § 523 (a)2)(A) & (6)]
fr. 7/10/18, 9/4/18, 11/13/18
Docket 1
Updated tentative ruling as of 2/4/18. No tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/19/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Lance Carter Represented By
Dana M Douglas
Jean Holmes Represented By
Dana M Douglas
Carriage Estates LLC Represented By Dana M Douglas
1:30 PM
Adamantine Investments LLC Represented By Dana M Douglas
Sterling Holdings LLC Represented By Dana M Douglas
Lance Carter IRA 419990 Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Docket 31
Updated tentative ruling as of 2/4/19. Appearances are required on 2/5/19. Prior tentative ruling as of 1/7/19. Appearances are required on 1/8/19.
No tentative ruling as of 10/22/18. Appearances are required on 10/23/18.
Debtor(s):
Cynthia Diane Seten Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
fr. 3/5/18, 4/10/18. 10/16/18
Docket 118
Updated tentative ruling as of 2/4/19. Off calendar. Continued by stipulation and order to 4/30/19 at 2:00 p.m. No appearances are required on 10/16/18.
Prior tentative ruling as of 10/15/18. Off calendar. Continued by stipulation and order to 2/5/19 at 2:00 p.m. No appearances are required on 10/16/18.
Prior tentative ruling as of 4/9/18. No tentative ruling on the merits. Appearances are required on 4/10/18, but counsel may appear by telephone.
Prior tentative ruling. Continued by stipulation and order to 2/7/18 at 2:00
p.m. No appearances are required on 2/24/18.
Debtor(s):
Ayers Bath (U.S.A.), Co.,Ltd. Represented By Jeffrey S Renzi Ryan S Fife
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
2:00 PM
fr. 12/18/18
Docket 47
Updated tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling. There is no proof of service that debtor served respondent and its counsel as ordered by the court in the order to show cause, and therefore, the court will continue the hearing so debtor can make such service (despite BNC notice). Otherwise, no tentative ruling on the merits. Appearances are required on 12/18/18, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
2:30 PM
Docket 185
Grant trustee's motion to determine amount of potential secured claim for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 2/5/19, but counsel may appear by telephone.
Debtor(s):
Wladimir John Klimenko Represented By William J Smyth Tina H Trinh
Trustee(s):
Rosendo Gonzalez (TR) Represented By
D Edward Hays Sarah Cate Hays Laila Masud
2:30 PM
Docket 275
As to debtor, grant trustee's motion to compel debtor to turn over books and records for the reasons stated in the moving papers and for lack of timely written opposition to this aspect of the motion. Debtor is ordered to designate a representative to produce the books and records demanded by trustee and so produce such records.
An opposition was filed by Tony Trinh, president and sole shareholder of debtor, to the motion as to him, but not as to debtor. As to Trinh, overrule his objections to the motion and grant the motion as to him for the reasons stated by trustee in his moving and reply papers and designate him as the representative of debtor to produce its books and records because the records requested by trustee are records of debtor, a corporation, and not records of Trinh personally, and as president of debtor, it appears that he is a custodian of records of debtor with custody and possession of the books and records of debtor in a representative capacity for debtor. His personal Fifth Amendment privilege against self-incrimination is not implicated by the act of production in a representative capacity since the act of production is that of the corporation, and not him personally. Braswell v. United States, 487 U.S. 99, 117-118 (1988). Moreover, Trinh's Fifth Amendment privilege against
self-incrimination is not otherwise implicated because trustee in his motion only seeks the production of documents by and on behalf of the debtor, a corporation, and does not seek Trinh's testimony. Id. Trinh may not claim his personal right to privacy under California law in the records of the debtor because such records are not his records, but the debtor's as a corporation, and thus, he lacks standing to assert any rights to privacy in its books and records. The case cited by Trinh, In re Lopez, 532 B.R. 140 (Bankr. C.D. Cal. 2015) is not applicable because that case involved the bankruptcy case of an individual debtor and not the bankruptcy case of a corporation debtor, which
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is the situation here, and related to an issue not presented in this case, that is, whether the invocation of a Fifth Amendment privilege can serve as the basis for denial of a discharge under 11 U.S.C. 727.
Deny trustee's request for advance authorization of an application seeking the issuance of an order to show cause against debtor and Trinh for contempt with a hearing to be held on an emergency basis for lack of good cause.
Debtor and Trinh should be given reasonable time to comply with the order for turnover or production of debtor's books and records, and if the circumstances warrant, trustee may invoke the procedures provided in the Local Bankruptcy Rules 9020-1 and 9075-1 for civil contempt proceedings and hearings on shortened or emergency notice.
Appearances are required on 2/5/19, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz
Trustee(s):
Wesley H. Avery Represented By
Kristofer R McDonald Richard A Marshack D Edward Hays
2:30 PM
Docket 278
Grant trustee's motion to compel turnover of books and records by debtor's accountant, Lighthouse Consultants, Inc., for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 2/5/19, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz
Trustee(s):
Wesley H. Avery Represented By
Kristofer R McDonald Richard A Marshack D Edward Hays
11:00 AM
Docket 2419
Approve final fee application of Simon Aron as responsible officer for the reasons stated in the fee application and for lack of timely written objection, but no tentative ruling with respect to arrangement of payment of allowed fees based on comments of plan agent in his reply to the application.
Appearances are required on 2/6/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:00 AM
Docket 479
Updated tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Updated tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
11:00 AM
pdated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
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Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649 (S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer, Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales," 29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am.
11:00 AM
Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr. 11/7/18, 12/5/18, 12/12/18
Docket 482
Updated tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. The court is still deliberating after trial and does not expect a decision by 12/31/18, most likely, January 2019. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no
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tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/1/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the
11:00 AM
hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 157
Updated tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the
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hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed
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debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on
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9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are required on 11/7/18 because creditor Zehnaly appeared at the last status conference and may appear to be heard on his claim, but counsel may appear by telephone.
11:00 AM
Updated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing
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its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed debtor's status report. In that the court is still deliberating on the final fee application of general bankruptcy counsel for debtor, the court continues the status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
11:00 AM
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits. Appearances are required on 2/5/13, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits. Appearances are required on 10/9/13.
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Revised tentative ruling as of 10/23/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 10/24/18.
Prior tentative ruling as of 6/25/18. Off calendar. Continued by stipulation and order to 8/8/18 at 11:00 a.m. No appearances are required on 6/27/18.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
Docket 118
Updated tentative ruling as of 2/4/19. Off calendar. Continued by stipulation and order to 2/27/19 at 11:00 a.m. No appearances are required on 2/6/19.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 10/17/18. The court retracts its tentative ruling of 10/16/18 because it has authorized debtors to respond orally to the supplemental brief of creditors by time of continued hearing, and to file a written response. Appearances are required on 10/17/18, but the prior tentative ruling on 10/15/18 remains the same.
Updated tentative ruling as of 10/16/18. Debtors filed a surreply brief and request for judicial notice of new matters on 10/15/18, which are not authorized under the court's local rules and for which debtors did not request leave of court to file, and the court will disregard these papers for purposes of the hearing on 10/17/18. Creditors need not respond to debtors' surreply or request for judicial notice at the hearing on 10/17/18, though the court might consider them as debtors' trial brief for the trial that will be set on this contested matter. Otherwise, the court's tentative ruling posted on 10/10/18 will apply.
Prior tentative ruling as of 10/15/18. The court will treat the hearing as a status conference because there are material factual disputes raised by the motion which is a contested matter under Federal Rule of Bankruptcy Procedure 9014 relating to debtors' good faith in filing this case which require
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an evidentiary hearing to resolve. The court will schedule an evidentiary hearing at the status conference, and the court requests that counsel appear telephonically rather than appear in person to minimize litigation costs.
Regarding the contentions of debtors, the court is of the view that the motion is not untimely and there is no bar of laches because it seems that at any time in this case, parties in interest can move for dismissal, particularly, preconfirmation, that the motion is not a litigation tactic by creditors to gain advantage in the state court, and that debtors can reorganize and confirm a plan is not an undisputed fact and remains to be seen.
Regarding the contentions of creditors, the court is of the view that debtors could propose a confirmable plan through a combination of income and asset sales, particularly as creditors acknowledge that debtors have property equity of over $1.1 million to fund a plan, that denial of confirmation of the currently proposed plan does not necessarily mean that debtors could not later propose an amended plan that is confirmable, that creditors' opposition to a plan does not necessarily mean that a plan absolutely be confirmed under the cramdown standards of 11 U.S.C. 1129(b), provided that debtors find a way to meet the requirements of the absolute priority rule or qualify for an exemption to the rule, and that whether this is a two-party dispute is a disputed issue of material fact relating to good faith of debtors in filing this case.
If creditors are pressing their motion, the court will ask them for dates for an evidentiary hearing on the disputed material issues of fact, or these issues can be litigated in connection with plan confirmation relating to the disclosure statement and proposed plan now pending.
Appearances are required on 10/17/18, but counsel may and should appear by telephone.
Prior tentative ruling as of 9/17/18. Appearances are required on 9/19/19, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
fr. 11/7/18, 1/9/19
Docket 135
Updated tentative ruling as of 2/4/19. Off calendar. Continued by stipulation and order to 2/27/19 at 11:00 a.m. No appearances are required on 2/6/19.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of disclosure statement because: (1) insufficient legal justification for separately classifying business and "consumer" unsecured claims; (2) insufficient justification for property valuations set forth in liquidation analysis; (3) insufficient justification for 30% capital gains tax burden in liquidation analysis. Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
11:00 AM
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
fr. 10/17/18, 11/7/18, 1/9/19
Docket 116
Updated tentative ruling as of 2/4/19. Off calendar. Continued by stipulation and order to 2/27/19 at 11:00 a.m. No appearances are required on 2/6/19.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. The court is inclined to trail the hearing on the application to employ until the court rules on creditor's motion to dismiss. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion continues the hearing on the application to employ special litigation counsel to the date and time of the hearing on creditor's motion to dismiss the bankruptcy case on 9/19/18 at 2:30 p.m. as a status conference on the application. Most likely, creditor's motion to dismiss is a contested matter under FRBP 9014 and may require an evidentiary hearing which the court will set at the hearing on 9/18/18, and the hearing on the employment application will trail the hearing on the motion to dismiss since granting of the motion to dismiss will moot out the
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application. No appearances are required on 8/29/18. Debtor to notify applicant of the continuance.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
Docket 1
Updated tentative ruling as of 2/4/19. Off calendar. Continued by stipulation and order to 2/27/19 at 11:00 a.m. No appearances are required on 2/6/19.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. The court has reviewed debtor's status report indicating that debtor and creditor Oggi's Pizza & Brewing Co. have indicated a willingness to ask a settlement conference before a judicial officer. The court was thinking of asking Visiting Bankruptcy Judge Gregg Zive to act as a settlement judge because in the court's view, he would have the ideal temperament for this case, and he may be available in early December or early February to conduct a settlement conference. Otherwise, no tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court has reviewed debtors' status report, and the court is inclined to set a further status report in 90 days. No
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tentative ruling on the merits. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 11/15/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
11:00 AM
Adv#: 2:17-01455 Oggi's Pizza and Brewing Company v. Bodeau et al
fr. 10/23/18, 11/7/18, 1/9/19
Docket 1
Updated tentative ruling as of 2/4/19. Off calendar. Continued by stipulation and order to 2/27/19 at 11:00 a.m. No appearances are required on 2/6/19.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. Off calendar. At the hearing on creditor's motion to dismiss on 10/17/18, the court continued the pretrial conference to 11/7/18 at 11:00 a.m. as a status conference. No appearances are required on 10/24/18.
Prior tentative ruling as of 7/16/18. The court has reviewed the joint status report. Appearances are required on 7/17/18 to discuss the status of the mediation, timing of expert witness discovery and scheduling of pretrial conference and trial. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. The court has reviewed the joint status report. Set a discovery cutoff date of 6/30/18 and a further postdiscovery status conference for 7/17/18 at 1:30 p.m. with a joint status report due on
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7/10/18. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 1/31/18 and complete mediation by 7/17/18. Appearances are required on 12/5/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/3/17, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush
Defendant(s):
Paul Bodeau Pro Se
Sandra Bodeau Pro Se
Kevin Michael Bodeau Pro Se
Bodeau Enterprises Pro Se
DOES 1-50 Pro Se
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
Plaintiff(s):
Oggi's Pizza and Brewing Company Represented By
Louis H Altman
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Docket 1
Updated tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report proposing a claims bar date of 1/24/18 with notice being served by 11/8/17 and a disclosure statement filing deadline of 2/28/18. These dates are satisfactory, and debtor should submit a proposed scheduling order. Appearances are required on 11/1/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
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Docket 1
Updated tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed debtor's status report and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. The court has reviewed debtor's status report suggesting a continued status conference in about 60 days. No tentative ruling on the merits. Appearances are required on 3/7/18 to hear from other parties on status, including compliance with United States Trustee requirements, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
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Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
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Docket 1
Updated tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
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fr. 12/19/18
Docket 589
- NONE LISTED -
Updated tentative ruling as of 2/4/19. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 2/7/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set an evidentiary hearing to examine movant regarding whether he has a reasonable explanation for why he did not file his motion earlier. The court does not have time on its law and motion calendar on 12/19/18 to take movant's testimony and will set a hearing to take his testimony, which the court expects will take about an hour. Appearances are required on 12/19/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
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Docket 479
- NONE LISTED -
Updated tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Updated tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no
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tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
pdated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the
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hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649 (S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer, Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured
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Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales," 29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am.
Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
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Docket 157
- NONE LISTED -
Updated tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status
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conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are
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required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits.
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Appearances are required on 5/4/16, but counsel may appear by telephone.
Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but
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counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
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fr. 12/5/18, 12/12/18, 2/6/19
Docket 482
- NONE LISTED -
Updated tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. The court is still deliberating after trial and does not expect a decision by 12/31/18, most likely, January 2019. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
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Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/1/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing
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its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney
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Fahim Farivar
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Docket 1
- NONE LISTED -
Updated tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status
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conference to 12/5/18 at 11:00 a.m. Appearances are required on 11/7/18 because creditor Zehnaly appeared at the last status conference and may appear to be heard on his claim, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
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Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed debtor's status report. In that the court is still deliberating on the final fee application of general bankruptcy counsel for debtor, the court continues the status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
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Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
11:00 AM
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
11:00 AM
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits. Appearances are required on 10/9/13.
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
9:00 AM
Docket 11
Revised tentative ruling as of 2/6/19. Off calendar. The motion is resolved by stipulation and order. The evidentiary hearing scheduled for 2/8/19 at 9:00
a.m. is vacated and taken off calendar. No appearances are required on 2/8/19.
Prior tentative ruling as of 1/3/19. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 1/18/19.
Prior tentative ruling as of 11/5/18. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 11/8/18.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 because it appears that there are disputed issues of material fact regarding debtor's good faith in requesting conversion of the case to Chapter 13 and debtor's income eligibility for Chapter 13 based on her amended schedules asserting a family contribution from her brother. See In re Deutsch, 529 B.R. 308 (Bankr.
C.D. Cal. 2015). The court has questions about trustee's estimate of $55,000 in anticipated Chapter 7 administrative expenses which seem awfully high in this case still in its early stages. Appearances are required on 9/18/18 to discuss scheduling of an evidentiary hearing to resolve disputed issues of material fact on the motion, but counsel may appear by telephone.
Debtor(s):
Janine Liebert Represented By David S Hagen
Trustee(s):
Wesley H Avery (TR) Represented By
9:00 AM
Chad V Haes
10:30 AM
Docket 568
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief, including retroactive stay annulment, for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter Varand Gourjian
10:30 AM
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Angela Stephens Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
Docket 10
Deny stay relief motion as moot because the stay terminated upon dismissal of the case on 2/6/19. 11 U.S.C. 362(c)(2)(B). Appearances are optional on 2/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Tiffany Pollard Represented By Angela R Swan
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:16-01104 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 5/22/18, 7/31/18, 11/27/18
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order. No appearances are necessary.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Renato Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01105 Diamond, Chapter 7 Trustee, Plaintiff v. Ferrer
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 5/22/18, 7/31/18, 11/27/18
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order. No appearances are necessary.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Felicidad Ferrer Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:17-01217 Gonzalez v. Brown et al
U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(I), and 550, and California Civil Code §3439.05;
(3) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(II) and 550, and California Civil Code §3439.04(a)(2)(A); (4) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a) (1)(B)(i)(ii)(III), and 550, and California Civil Code §3439.04(a)(2)(A); (5) Preservation of avoided transfer pursuant to 11 U.S.C. §551; (6) Disallowance of
claim pursuant to 11 U.S.C. §502(d); and (7) Disallowance of claim pursuant to 11 U.S.C. §502(b)
fr. 8/21/18, 10/23/18, 12/4/18
Docket 1
Updated tentative ruling as of 2/11/19. Off calendar. Continued by stipulation and order to 4/16/19 at 1:30 p.m. No appearances are required on 2/12/19.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint status report and notes that the parties have not had their LBR 7026-1 conference. The court is inclined to continue the status conference until the parties have completed their LBR 7026-1 conference and suggests that they conduct the business of LBR 7026-1 conference before the status conference to obviate the need for a continuance. Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/11/17. Appearances are required on 9/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports filed by the various parties. No tentative ruling on the merits. Appearances are required on 5/30/17.
1:30 PM
Debtor(s):
Wladimir John Klimenko Represented By Stephen S Smyth William J Smyth
Defendant(s):
Robert Anthony Brown Pro Se
Law Office of Robert Brown Pro Se
Acquiplied Assets, B.T. Pro Se
Wladimir John Klimenko Pro Se Wladimir J. Klimenko Living Trust Pro Se Jeffrey Alan Abraham Pro Se
JMS Financial, Inc Pro Se
Deanna Shapiro Pro Se
BANK OF THE WEST Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
Sherri S Shafizadeh Thomas A Fasel
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:30 PM
Adv#: 2:18-01434 Ehrenberg v. Hatfield
of transfer under 11 U.S.C. § 548(A)(1)(B); (4) Avoidance of transfer under CCC § 3439.04(a)(2); (5) Avoidance of transfer under CCC § 3439.05; (6) Recovery of transferred property or value thereof; (7) Preservation of avoided transfer; and (8) Declaratory relief
Docket 1
Set a discovery cutoff date of 4/30/19 and a further postdiscovery status conference for 5/28/19 at 1:30 p.m. with a joint status report due on 5/7/19. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 3/12/19 and complete mediation by 5/28/19. Appearances are required on 2/12/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Denise Ann Hatfield Represented By Michael E Clark
Defendant(s):
Thomas Carson Hatfield Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Steven Werth
Trustee(s):
Howard M Ehrenberg (TR) Represented By Steven Werth
1:30 PM
Adv#: 2:18-01257 TRANSPORT FUNDING, LLC v. Salgado
fr. 10/9/18
Docket 1
Updated tentative ruling as of 2/11/19. No tentative ruling on the merits. Appearances are required on 2/12/19 to discuss scheduling of further proceedings, including the pretrial conference, but counsel may appear by telephone.
Prior tentative ruling. Set discovery cutoff date of 1/31/19 and a post- discovery status conference on 2/12/19 at 1:30 p.m. A joint status report is due on 2/5/19. Appearances are required on 10/9/18 to discuss scheduling, possible waiver of requirement of a pretrial conference and possible referral of dispute to mediation, but counsel may appear by telephone.
Debtor(s):
Jose Antonio Salgado Represented By
Juan Castillo-Onofre
Defendant(s):
Jose Antonio Salgado Pro Se
Joint Debtor(s):
Telma Aida Salgado Represented By
Juan Castillo-Onofre
Plaintiff(s):
TRANSPORT FUNDING, LLC Represented By
Jennifer Witherell Crastz
1:30 PM
Trustee(s):
Casey Z Donoyan
John J Menchaca (TR) Pro Se
1:30 PM
Adv#: 2:18-01432 Swift Financial, LLC v. Gonzalez
2) debts incurred through false statements respecting debtor's financial condition under 11 U.S.C. §523(a)(2)(B); 3) debts neither listed nor scheduled and known to debtor
(11 U.S.C. §523(a)(3); 4) debts incurred through conversion under 11 U.S.C. §523(a)(4);
5) debts incurred through willful and malicious injury to property under
11 U.S.C. §523(a)(6); 6) objection to discharge under 11 U.S.C. §727(a)(5)
Docket 1
The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 2/12/19, but counsel may appear by telephone.
Debtor(s):
Don Gonzalez Pro Se
Defendant(s):
Don Gonzalez Pro Se
Plaintiff(s):
Swift Financial, LLC Represented By Daren M Schlecter
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:17-01153 Michael C. Lin, Trustee of The Hellion Trust v. Martinez
Docket 1
Off calendar. Adversary proceeding settled by stipulation and order. No appearances are necessary.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Michael C. Lin, Trustee of The Represented By Henry D Paloci
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Docket 18
Deny relief from judgment because motion for relief from judgment not brought within one year of entry of judgment or within a reasonable time as required under FRBP 9024 and FRCP 60(c). Appearances are required on 2/12/19, but counsel may appear by telephone.
Debtor(s):
Enrique Daniel Anthony Represented By Michael D Luppi
Trustee(s):
Elissa Miller (TR) Pro Se
2:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 20
Updated tentative ruling as of 2/11/19. No tentative ruling on the merits. Appearances are required on 2/12/19, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 2/12/19 at 2:30
p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Represented By
William Charles Tanenbaum
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 15
Updated tentative ruling as of 2/11/19. No tentative ruling on the merits. Appearances are required on 2/12/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. Off calendar. Continued on the court's own motion to 2/12/19 at 2:30 p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Prior tentative ruling. Grant plaintiff's motion for default judgment for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 10/16/18
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 1
Updated tentative ruling as of 2/11/19. No tentative ruling on the merits. Appearances are required on 2/12/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. Off calendar. Continued on the court's own motion to 2/12/19 at 2:30 p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Prior tentative ruling as of 10/22/18. Off calendar. The court on its own motion continues the status conference to 11/27/18 at 2:30 p.m. to be conducted with the continued hearing on plaintiff's motion for default judgment and defendant's motion to set aside default. No appearances are required on 10/23/18.
Prior tentative ruling. Given the severity of the circumstances of turnover in the circumstances of this case, if plaintiff seeks judgment against defendants (meaning eviction of defendants from their residence which they had conveyed to plaintiff for it to perform certain services to save their home from foreclosure in exchange for rent payments and shared equity arrangements, which defendants allegedly defaulted), the court will order that plaintiff serve any dispositive motion on defendants by personal delivery. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
2:30 PM
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 43
No tentative ruling as of 2/11/19. Appearances are required on 2/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 2/14/19. Appearances are required to discuss scheduling of further proceedings, including mediation and Phase 2 trial, but counsel may appear by telephone. Judge Wallace has indicated his willingness to serve as a mediator for this matter.
Prior tentative ruling as of 2/4/19. The court has reviewed debtor’s status report requesting to be heard on the hardship caused by the delay of decision of Phase I of the trial. To bring this matter promptly to conclusion, the court is of the view that Phase II of the trial is probably needed and suggests that the parties to the dispute of debtor’s objection to the claim of the IRS, debtor and the government, consider when Phase II can be scheduled and how long it will take (perhaps in March, April or May 2019). The issues relating to Phase II concern factual disputes whether debtor materially participated in the various business enterprises to warrant the business loss deductions, and the court expects that the witnesses would primarily be debtor and those who worked with him in these business enterprises and that the documentary evidence to be offered would be records of the various business enterprises to show his material participation. It seems to the court that debtor was not required to keep contemporaneous daily time reports or logs to substantiate his business activities to demonstrate material participation and may demonstrate it by reasonable means, such as business records and witness testimony showing his business activities to show material participation, which may include his management activities.
If counsel for both debtor and the government appear for the status conference, a date for a status conference can be set, so a trial schedule can
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be set, or if only counsel for debtor appears, then counsel for debtor can give notice of a status conference to set a trial schedule. The documentary evidence is probably voluminous, which may require a further pretrial conference to consider how to handle for trial.
To expedite a final determination, the court will issue a written decision on Phase I and will treat it as a tentative decision subject to final ruling after Phase II is completed. This means the parties can make further arguments on the Phase I rulings before a final ruling is made on the matter after Phase
II. In this regard, it would be helpful for counsel for debtor to upload his Phase I proposed findings of fact and conclusions of law, which were filed, but not uploaded, so the court can review for possible adoption.
The court is of the view that since this is a tentative refund situation, the IRS properly assessed the tax without having to follow deficiency procedures, 26
U.S.C. §6213(b)(3). Blansett v. United States, 283 F.2d 474 (8th Cir. 1960), cited in 1 Casey, Federal Tax Practice, §6:21 (November 2018 update), also citing, Rushlight Automatic Sprinkler Co. v. United States, 294 F.2d 572 (9th Cir. 1961)(United States entitled to maintain action for recovery of erroneous refund without previous deficiency notice). Thus, the assessment is not late based on failure to comply with deficiency procedures. Under the traditional rule governing burden of proof of assessed taxes, the taxpayer bears the burden of proving the assessments are arbitrary or erroneous. E.g., United States v. Molitor, 337 F.2d 917 (9th Cir. 1964). (However, due to enactment of 26 U.S.C. §7491 in 1998, the burden of proof may be different where the taxpayer produces credible evidence with respect to any factual issues relevant to ascertaining the liability of the taxpayer for any tax imposed under subtitle A or B of the Internal Revenue Code, including income taxes, but neither party addressed this statute in the proposed findings of fact and conclusions of law.)
If allowable, the tax claim would be entitled to priority status under 11 U.S.C.
§507(a)(8)(A)(iii) as not assessed before, but assessable, under applicable
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law after the commencement of the case.
The court is also of the view that debtor has not met his burden of proving by a preponderance of the evidence that he timely made the election under 26
U.S.C. §469 and that the government does not have the burden of proving that he did not make a timely election based on lack of retention of the tax return which he alleged to have made the election.
However, the court is of the view that debtor could and did properly request the late entity aggregation election under Rev. Proc. 2011-34, which the IRS could and did exercise its discretion for tax years not in litigation (neither 2010 nor 1994 specifically was a tax year is in litigation referred by the IRS to the Justice Department) to grant the request and to notify that debtor as the taxpayer that the procedural requirements of Section 4.02 of the revenue procedure were met and that the taxpayer is to be treated as having made a timely election to treat all interests in rental real estate as a single rental real estate activity for which the late election back to 1994 was requested in the attachment to the amended 2010 return making the request. However, as specified in the section 5 of revenue procedure, such acceptance is not a determination of whether he is eligible to treatment based on the election, which presents factual issues for the tax years in litigation, and the government through the Justice Department can dispute debtor’s eligibility for Rev. Proc. 2011-34 for the years in litigation referred to it, and whether debtor satisfied the requirements of 26 U.S.C. §469(c)(7)(B) or whether he materially participates in any activity. Rev. Proc. 2011-34, §5. The proposed findings of fact on both sides are not specific enough to completely address whether debtor has satisfied these requirements. See, e.g., Estate of Ramirez, T.C. Memo. 2018-196 (2018)(an example regarding specific facts measured against eligibility criteria of Section 4.01 of Rev. Proc. 2011-34 for aggregation treatment).
The court has jurisdiction to determine the tax under 11 U.S.C. §505 as set forth on the proof of claim, and in determining the amount, the court may
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determine whether or not debtor is eligible for treatment based on the late aggregation election under Rev. Proc. 2011-34, and the so-called "new" issues to determine the correct tax liability based on the amount of the correct tax refund amount. See Lewis v. Reynolds, 284 U.S. 281, 283 (1932).
Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/22/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
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Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 4/25/18 at 11:30 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 3/28/18 at 11:30 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/8/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on 1/10/18.
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status conference to 10/25/17 at 11:30 a.m. No appearances are required on 9/13/17.
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of
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the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post-
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confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post- confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
10:30 AM
Docket 547
The moving papers are deficient because the judge's copy of the papers lacked separately tabbed exhibits as required by Local Bankruptcy Rule 5005-2(d). Movant will need to comply with the local rule and provide a tabbed judge's copy of the moving papers in order for the court to rule on the motion.
Otherwise, the court is inclined to grant relief under 11 U.S.C. 362(d)(1) due to the amended petition filed in 2018 which purportedly adds another fictitious business name, Bricks Hospitality Group, LLC, to debtor. (The Chapter 7 Trustee is probably right that granting stay relief in this case does not affect the automatic stay in the Bricks Hospitality Group, LLC, bankruptcy case pending before Judge Bluebond.)
Deny stay relief under 11 U.S.C. 362(d)(4) because movant has not provided evidence in support of his claims that there was an unconsented to transfer or multiple bankruptcy cases affecting this property. Merely checking off boxes on a form motion without providing the underlying evidence is insufficient.
Deny request for stay annulment. Movant does not provide the legal and/or factual support for the request for retroactive stay annulment because it has failed to show that the legal standards of National Environmental Waste Corp.
v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met. Checking off a box in a declaration without providing any specific facts is insufficient.
Appearances are required on 2/19/19, but counsel may appear by telephone.
10:30 AM
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter Varand Gourjian
10:30 AM
Docket 48
- NONE LISTED -
Debtor(s):
Jose Antonio Santiago Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Hanan Hassan Represented By Clay E Presley
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
(Wilmington Savings Fund Society, FSB VS Debtor)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny the request for extraordinary relief in paragraph 3 because Debtor is not the borrower on the loan documents and apparently has no connection to the subject loan and real property as it appears that this is a "hijacked" bankruptcy (i.e., no indication that Debtor as transferee had any knowledge of the transfer before the borrower made the transfer). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Patracia Orange Represented By Krystina T Tran
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
(Wells Fargo Bank, N.A. dba Wells Fargo Auto VS Debtors)
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Chad E. Spates Sr. Represented By Steven B Lever
Joint Debtor(s):
Nichelle Spates Represented By Steven B Lever
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny requests for extraordinary relief in paragraphs 9, 10, 11 and 14 for lack of evidentiary and/or legal support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
David Allen Welty Represented By Sam Benevento
Movant(s):
Emilo Marroquin Represented By Lorraine Anderson
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
10:30 AM
Docket 10
Off calendar. The court has already ruled on the motion heard on shortened notice. No appearances are necessary.
Debtor(s):
Primitiva, Inc. Represented By Peter M Lively
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Christopher Bryce Rembert Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
Docket 8
Off calendar. Motion voluntarily dismissed by notice filed on 2/15/19. No appearances are required on 2/19/19.
Debtor(s):
Jonas Alexander David Edrada Represented By Raymond J Seo
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
George Michael Casallas Represented By
D Justin Harelik
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Eun Hee Kim Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 31
Updated tentative ruling as of 2/15/19. No tentative ruling on the merits. Appearances are required on 2/19/19 to discuss scheduling of further proceedings if debtor has obtained competent and admissible evidence of valuation, but counsel may appear by telephone.
Prior tentative ruling. The court is inclined to grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition in that debtor's opposition was not timely filed at least 14 days before the hearing as required by Local Bankruptcy Rule 9013-1. The opposition was filed on 1/3/19, only 5 days before hearing.
Movant has made a prima facie showing of cause under 11 U.S.C. 362(d)(1) indicating the lack of adequate protection based on the $1,700,000 valuation admitted by debtor in his bankruptcy schedules, the amount of the lien being
$1,534,453.00 and estimated 8% cost of sale of $136,000.00, leaving net equity of $29,547.00, which is being eroded by a long and continuing failure to pay monthly mortgage payments of $7,939.71, debtor has not made monthly mortgage payments for at least 112 months, this bankruptcy case is a Chapter 7 liquidation case, the Chapter 7 trustee has not opposed the motion, apparently determining the lack of net realizable equity for creditors based on movant's valuation, and thus, there is no bankruptcy purpose to keeping the stay in place to administer the asset in this case.
Debtor's opposition is not supported by competent and admissible evidence of valuation. The opinions of valuation in the opposition are not under declaration of penalty of perjury in accordance with 28 U.S.C. 1746(2). The qualifications of the valuation witnesses are not stated in the opposition
11:00 AM
showing that a qualified expert witness is rendering the opinion. Moreover, there is no scientifically validated method of valuation demonstrated in the valuation opinion, such as based on the sales comparable method of valuation. To the extent that debtor is relying his own opinion as the owner of the subject property, the court accords such opinion little, if any, weight because the opinion is conclusory and not credible unless it is based on same critical analysis as an independent real estate appraiser using the sales comparable or other scientifically valid method of valuation. In re Meeks, 349
B.R. 19, 22 (Bankr. E.D. Cal. 2006).
The court is inclined to grant the motion for the reasons set forth in this tentative ruling, but would consider continuing the matter for an evidentiary hearing on valuation if debtor retains an independent real property appraiser who provides a written valuation report based on scientifically valid methods of valuation and is called to testify at the evidentiary hearing and is subject to cross-examination by movant.
Appearances are required on 1/8/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Joseph West Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
fr. 2/5/19
Docket 7
Updated tentative ruling as of 2/15/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. Movant has not provided adequate evidence of standing, relying upon unauthenticated and inadmissible title report provided by nongovernmental business. FRE 901 and 902. Movant should provide copy of certificate of title from official government source such as California Department of Motor Vehicles to demonstrate standing. Otherwise, no tentative ruling. Appearances are required on 2/5/19, but counsel may appear by telephone.
Debtor(s):
Chashon E Presley Pro Se
11:00 AM
Trustee(s):
Carolyn A Dye (TR) Pro Se
1:30 PM
Adv#: 2:18-01440 Gonzalez et al v. Sanchez
Docket 1
Set a discovery cutoff date of 7/31/19 and a further postdiscovery status conference for 8/13/19 at 1:30 p.m. with a joint status report due on 8/6/19. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 3/29/19 and complete mediation by 8/13/19. Appearances are required on 2/19/19, but counsel may appear by telephone. Plaintiffs to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Daniel Sanchez Represented By James C Shields
Defendant(s):
Daniel Sanchez Pro Se
Plaintiff(s):
Gustavo Gonzalez Represented By Luis A Solorzano
Giovanni Orantes
Rafael Gonzalez Represented By Luis A Solorzano
Giovanni Orantes
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
1:30 PM
Adv#: 2:18-01447 Castelan v. Navarrete
U.S.C. §523(a)(2)(A)
Docket 1
Set a discovery cutoff date of 7/1/19 and a half-day trial for 8/15/19 at 9:00
a.m. to 12 p.m. (noon). The court waives pretrial conference and the requirement of a joint pretrial stipulation. Plaintiff must file and serve trial declarations for his nonadverse, cooperating witnesses by 7/18/19, and defendant must file and serve trial declarations for his nonadverse, cooperating witnesses by 8/1/19. The parties must serve their trial exhibits on each other by 7/18/19. The trial exhibits must be tagged with official court exhibit tags, and at the start of trial, the parties must provide with the court with the set of original exhibits in a binder with an exhibit register and a set of copies for the presiding judge. Unless cross-examination is waived, the witnesses must be present for examination, and each party in presenting his case must not "run" out of witnesses, or otherwise, he may be deemed to have rested . Appearances are required on 2/19/19 to discuss scheduling and possible mediation, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Oscar Gomez Navarrete Represented By Brad Weil
Defendant(s):
Oscar Gomez Navarrete Pro Se
Plaintiff(s):
Fernando Castelan Represented By Marcus Gomez
1:30 PM
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:30 PM
Docket 2423
Since the parties do not dispute that movant is not in technical compliance with LBR 2004-1 regarding a prefiling conference, the court will order movant to comply with this prefiling conference requirement before ruling on the motion on the merits.
In reviewing the motion, the court has concerns regarding the volume of documents requested by movant which do not appear to be entirely relevant and reasonable and appears to be burdensome and oppressive. In some respect, movant has proposed modifications in the document production requests in his reply, which should be discussed by the parties in their prefiling conference under LBR 2004-1(a).
It seems to the court that movant has standing to request "reasonable and relevant" information about estate administration, but not all the information requests seem to be reasonable and relevant and may be proprietary information not available to parties who intend to compete with debtor's business, such as movant. That movant has a right to ply his trade does not mean that he is entitled to proprietary information of the estate to compete with debtor.
The court will set a further hearing on the motion for a date that the parties have had their prefiling conference and have had an opportunity to identify and discuss in further briefing their remaining differences.
Appearances are required on 2/19/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
2:30 PM
Movant(s):
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Douglas Chrismas Represented By David B Shemano Alan W Forsley Jonathan Shenson
2:30 PM
Docket 0
No tentative ruling as of 2/15/19. Appearances are required on 2/19/19 to address the concerns raised in the court's order filed and entered on 2/5/19, but counsel may appear by telephone.
Debtor(s):
Robert Yi Represented By
Rex Tran
Joint Debtor(s):
Marissa Paige Martinez-Yi Represented By Rex Tran
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
Docket 215
Matter will scheduled on 2:00 p.m. calendar pursuant to order entered on 1/2/19.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
2:00 PM
fr. 2/20/19
Docket 215
Updated tentative ruling as of 2/20/19: Off calendar. Continued to 3/6/19 at 11:00 a.m. by oral ruling at hearing on 1/9/19 and by notice filed on 2/19/19. No appearances are required on 2/20/19.
Prior tentative ruling. Disapprove proposed disclosure statement for lack of sufficient information because it lacks sufficient detailed information on how the plan is feasible, including historical financial information. Just attaching copies of monthly operating reports to the disclosure statement is insufficient. The disclosure statement needs to describe the means on how the plan is going to be funded to demonstrate feasibility to creditors. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
2:00 PM
Docket 211
No tentative ruling as of 2/15/19. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
2:00 PM
Docket 121
No tentative ruling in light of creditor's opposition to the fee application. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
2:00 PM
Docket 28
Based on the value established by stipulation between debtor and lienholder Specialized Loan Servicing, LLC, and the lack of opposition by lienholder Lending 1st Mortgage, LLC, the court is inclined to grant the motion determining the value of the collateral to be $725,000. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
2:00 PM
Docket 93
Approve interim fee application of general bankruptcy counsel for debtor in possession for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 2/20/19, but counsel may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Rich Honey, Inc. Represented By Todd L Turoci
2:00 PM
Docket 17
Grant motion of United States Trustee to dismiss, convert or appoint trustee for the reasons stated in the moving papers and for lack of timely written opposition. No tentative ruling as to whether to dismiss, convert or appoint trustee, though United States Trustee suggests conversion. The court is inclined to dismiss because stay relief was granted with respect to the real property in San Pedro, California, the only asset listed in the bankruptcy schedules, and thus, further administration does not appear to be in the best interests of the estate and creditors. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Azca Props, LLC Represented By Marc A Goldbach
10:00 AM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 8/8/18, 10/3/18, 11/30/18
Docket 362
Off calendar. Continued to 4/30/19 at 1:30 p.m. by order entered on 12/19/18. No appearances are required on 2/21/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
10:00 AM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 5/1/18, 8/8/18, 11/30/18
Docket 351
Updated tentative ruling as of 2/14/19. Off calendar. Continued to 4/30/19 at 1:30 p.m. by order entered on 12/19/18. No appearances are required on 2/21/19.
No updated tentative ruling as of 11/26/18. Appearances are required on 11/30/18.
No updated tentative ruling as of 10/1/18. Appearances are required on 10/3/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
Updated tentative ruling as of 1/12/18. Plaintiff moves to compel discovery to defendant with respect to: (1) his request for admissions, (2) his interrogatories and (3) his requests for production of documents. As to the request for admissions, the motion is unnecessary because if the requests for admissions are properly served, the requested matters for admission are deemed admitted if not timely denied. As to the interrogatories, the motion should be denied because the interrogatories are invalid because plaintiff did not sign them. On the copy of the interrogatories attached to the motion, there is no signature of plaintiff on his interrogatories as required by Federal
10:00 AM
Rule of Bankruptcy Procedure 9011(a). Plaintiff will need to sign them before he can move to compel defendant to respond to them. As to the request for production of documents, the motion does not comply with Local Bankruptcy Rule 9026-1(c) because plaintiff has not submitted a discovery dispute stipulation to be completed by both parties as to their positions on the discovery dispute. Plaintiff appears to have met the requirement of a meet and confer request to defendant's counsel, to which there was apparently no response, but plaintiff still needs to submit the joint discovery dispute stipulation required by Local Bankruptcy Rule 7026-1(c). The court wants the parties to conduct a meet and confer meeting regarding the interrogatories and the request for production of documents once plaintiff signs the interrogatories. Appearances are required on 1/16/18, but counsel may appear by telephone.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
10:00 AM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
2) breach of contract 3) breach of implied covenant of good faith
and fair dealing 4) conversion 5) negligence 6) breach of fiduciary duty
7) constructive fraud 8) fraudulent concealment 9) wrongful foreclosure
10) interference with prospective economic advantage fr. 5/1/18, 8/8/18, 11/30/18
Docket 1
Updated tentative ruling as of 2/14/19. Off calendar. Continued to 4/30/19 at 1:30 p.m. by order entered on 12/19/18. No appearances are required on 2/21/19.
Prior tentative ruling as of 11/26/18. Appearances are required on 11/30/18.
No updated tentative ruling as of 10/1/18. Appearances are required on 10/3/18.
No updated tentative ruling as of 8/7/18. Plaintiff filed a motion for leave to file a further amended complaint, so the case may not be at issue until the motion is resolved. The motion is not noticed for hearing, but defendant to comment whether she opposes the motion. Appearances are required on 8/8/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
No tentative ruling as of 9/1/17. Appearances are required on 9/5/17.
No tentative ruling as of 7/31/17. Appearances are required on 8/1/17, but counsel and self-represented party may appear by telephone in accordance
10:00 AM
with the court's telephone appearance procedures.
Updated tentative ruling as of 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 2/27/17. No tentative ruling on the merits. Appearances are required on 2/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/13/17. No tentative ruling on the merits. Appearances are required on 2/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/16. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/18/16. No tentative ruling on the merits. Appearances are required on 4/19/16, but counsel may appear by telephone.
Attorney(s):
Deborah Bronner Represented By Deborah R Bronner
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
10:00 AM
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Mediator(s):
David A. Gill Pro Se
Plaintiff(s):
James Lee Clark Represented By Justin D Graham
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:00 AM
Adv#: 2:14-01088 Clark v. Farris-Ellison
[Pursuant to 11 U.S.C. §523(a)(2); 11 U.S.C. §523(a)(6)]
fr. 8/8/18, 10/3/18, 11/30/18
Docket 1
Updated tentative ruling as of 2/14/19. Off calendar. Continued to 4/30/19 at 1:30 p.m. by order entered on 12/19/18. No appearances are required on 2/21/19.
Prior tentative ruling as of 11/26/18. Appearances are required on 11/30/18.
No updated tentative ruling as of 10/1/18. Appearances are required on 10/3/18.
No updated tentative ruling as of 8/6/18. Appearances are required on 8/8/18.
Prior tentative ruling as of 1/29/18. No tentative ruling on the merits. Appearances are required on 1/30/18.
No tentative ruling as of 9/1/17. Appearances are required on 9/5/17.
No tentative ruling as of 7/31/17. Appearances are required on 8/1/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 5/26/17. No tentative ruling on the merits. Appearances are required on 5/30/17, but counsel and self-represented party may appear by telephone in accordance with the court's telephone
10:00 AM
appearance procedures.
Prior tentative ruling as of 2/27/17. No tentative ruling on the merits. Appearances are required on 2/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/13/17. No tentative ruling on the merits. Appearances are required on 2/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/16. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/26/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/18/16. No tentative ruling on the merits. Appearances are required on 4/19/16, but counsel may appear by telephone.
No updated tentative ruling as of 2/22/16. Appearances are required on 2/23/16.
No updated tentative ruling as of 8/24/15. Appearances are required on 8/25/15.
No tentative ruling as of 4/27/15. Appearances are required on 4/28/15.
Updated tentative ruling as of 3/9/15. No tentative ruling on the merits. Appearances are required on 3/10/15. Defendant to address why there is no proof of service of answer filed on 2/10/15.
Prior tentative ruling as of 11/17/14. No tentative ruling on the merits. Appearances are required on 11/18/14.
Updated tentative ruling as of 9/29/14. The status conference will be conducted on the 3:00 p.m. calendar with the hearing on the motion for
10:00 AM
summary judgment. No tentative ruling on the merits. Appearances are required on 9/30/14 at 3:00 p.m., not 1:30 p.m.
Prior tentative ruling as of 6/23/14. No tentative ruling on the merits. Appearances are required on 6/24/14.
Updated tentative ruling as of 5/12/14. No tentative ruling on the merits. Appearances are required on 5/13/14 to discuss status of state court proceedings, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits. The court notes procedural problems with the adversary proceeding: (1) first, plaintiff has not served counsel for debtors as required by Rule 7004(g) of the Federal Rules of Bankruptcy Procedure; (2) plaintiff is seeking the same relief as in the prior adversary proceeding, which was dismissed, and there may be a bar against such relitigation by claim or issue preclusion. Appearances are required on 4/15/14.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:00 AM
10:00 AM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 412
Off calendar. Continued to 4/30/19 at 1:30 p.m. by order entered on 12/19/18. No appearances are required on 2/21/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
10:30 AM
Docket 573
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny the request for extraordinary relief in paragraph 3 because Debtor is not the borrower on the loan documents and apparently has no connection to the subject loan and real property as it appears that this is a "hijacked" bankruptcy (i.e., no indication that Debtor as transferee had any knowledge of the transfer before the borrower made the transfer). The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter Varand Gourjian
10:30 AM
(Mercedes-Benz Financial Services USA LLC VS Debtor)
Docket 43
No tentative ruling. Movant has not submitted admissible evidence of lien to demonstrate standing to request stay relief. Exhibit A to motion lacks foundation of personal knowledge and authenticity under FRE 602 and 901 to demonstrate its lien since there is no declaration under penalty of perjury with someone with personal knowledge to authenticate the record of lien. Exhibit A is not a certificate of title or "pink slip", a record of a governmental agency that satisfies the authenticity requirements of FRE 902, such as FRE 902(2) or 902(13). Appearances are required on 2/26/19, but counsel may appear by telephone.
Debtor(s):
Diana Christina Peraza Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
10:30 AM
(Acar Leasing LTD dba GM Financial Leasing VS Debtor)
Docket 107
Off calendar. Motion resolved by stipulation and order entered on 2/14/19. No appearances are required on 2/26/19.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
1:30 PM
fr. 12/11/18
Docket 617
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/26/19 to discuss status of matter, including mediation proceedings, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. Appearances are required on 12/11/18 to discuss scheduling and the parties' discovery and other pretrial needs, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
1:30 PM
fr. 12/5/18, 12/12/18, 1/9/19
Docket 337
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Probably the court should set the same pretrial schedule as the related adversary proceeding involving these parties, i.e., a discovery cutoff date of 5/31/19, a joint status report due on 6/18/19 and a post-discovery status conference on 6/25/19 at 1:30 p.m. Appearances are required on 2/26/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
No tentative ruling as of 11/27/18. Appearances are required on 11/28/18.
1:30 PM
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Adv#: 2:18-01213 Grand View Financial, LLC v. Hanes
Docket 1
Updated tentative ruling as of 2/25/19. Off calendar. The court reviewed the joint status report stating that the pleadings are not yet at issue and requesting a 90-day continuance of the status conference. The court on its own motion continues the status conference to 5/14/19 at 1:30 p.m. A joint status report must be filed by 5/7/19. No appearances are required on 2/26/19.
Prior tentative ruling as of 10/22/18. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/23/18, but counsel may appear by telephone.
Prior tentative ruling. Given the severity of the circumstances of turnover in the circumstances of this case, if plaintiff seeks judgment against defendants (meaning eviction of defendants from their residence which they had conveyed to plaintiff for it to perform certain services to save their home from foreclosure in exchange for rent payments and shared equity arrangements, which defendants allegedly defaulted), the court will order that plaintiff serve any dispositive motion on defendants by personal delivery. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Defendant(s):
Shirley Hanes Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01289 Grand View Financial, LLC v. Ladd et al
(2) injunctive relief fr. 11/27/18
Docket 1
Updated tentative ruling as of 2/25/19. Set a discovery cutoff date of 6/30/19. Plaintiff can notice its motion to strike or compel on regular 21-days notice pursuant to Local Bankruptcy Rule 9013-1. Set a post-discovery status conference for 7/30/19 at 1:30 p.m., and the deadline for filing a joint status report is 7/23/19. The court will set a date for the pretrial conference at the post-discovery status conference. Appearances are required on 2/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Prior tentative ruling. The court has reviewed the joint status report of the parties. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Danna Ladd Pro Se
1:30 PM
Darren Ladd Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
fr. 10/23/18, 12/4/18, 1/29/19
Docket 36
Updated tentative ruling as of 2/26/19. Off calendar. Continued by stipulation and order to 3/26/19 at 1:30 p.m. No appearances are required on 2/26/19.
Prior tentative ruling as of 1/29/19. Off calendar. Continued by stipulation and order to 2/26/19 at 1:30 p.m. No appearances are required on 1/29/19.
Prior tentative ruling as of 12/3/18. Off calendar. Continued by stipulation and order to 1/29/19 at 1:30 p.m. No appearances are required on 12/4/18.
Prior tentative ruling as of 10/22/18. Off calendar. Continued by stipulation and order to 12/4/18 at 1:30 p.m. No appearances are required on 10/23/18.
Prior tentative ruling as of 10/1/18. Appearances are required on 10/2/18, but counsel may appear by telephone.
Debtor(s):
Seven-Bros Enterprises, Inc. Represented By Robert S Marticello Gregory M Salvato
Trustee(s):
Rosendo Gonzalez Pro Se
1:30 PM
Docket 1
No tentative ruling as of 2/25/19. Appearances are required on 2/26/19.
Debtor(s):
David Beverly Construction Inc. Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Docket 1
No tentative ruling as of 2/25/19. Appearances are required on 2/26/19.
Debtor(s):
Edwin Wellington Terry Pro Se
2:00 PM
Adv#: 2:14-01502 Rund, Chapter 7 Trustee v. Microland Electronics Corporation, a California
and Abetting Breach of Fiduciary Duty; 5. Intentional Interference with Prospective Economic Advantage; and 6. Negligent Interference with Prospective Economic Advantage [11 U.S.C. §§544, 547, 548(a)(1)(A) and (B), 550(a)(1) and
and California Civil Code §3439, et seq.] fr. 11/28/17, 5/29/18, 11/27/18
Docket 1
Updated tentative ruling as of 2/25/19. Off calendar. Continued by stipulation and order to 5/7/19 at 2:00 p.m. No appearances are required on 2/26/19.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding, specifically to discuss whether they can be coordinated with further proceedings in the related adversary proceedings involving debtor's insiders and attorneys.
Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 4/11/17 to discuss scheduling of further proceedings, including possible coordination with litigation in Rund v. Lee adversary proceeding, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 9/30/15 and set a
2:00 PM
post-discovery status conference for 10/27/15 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 3/31/15 and to complete mediation by 10/27/15. Appearances are required on 2/3/15, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Microland Electronics Corporation, Pro Se
Plaintiff(s):
Jason M. Rund, Chapter 7 Trustee Represented By
Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:15-01680 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Disallowance of scheduled claim of Jennifer Kellen pursuant to 11 U.S.C.
§502(b)(1); (4) Disallowance of scheduled claim of Jennifer Kellen pursuant to 11 U.S.C. §502(d); (5) Equitable subordination of scheduled claims of Douglas Chrismas and Jennifer Kellen pursuant to 11 U.S.C §510(c); (6) For recharacterization of scheduled unsecured claims; (7) For avoidance of preferential transfers pursuant to 11 U.S.C. §§547 and 550; (8) For
avoidance of preferential transfers pursuant to 11 U.S.C. §§547 and 550;
(9) For avoidance of fraudulent transfers pursuant to 11 U.S.C. §§548(a)(1)(A) and 550; (10) For avoidance of fraudulent transfers pursuant to 11 U.S.C.
§§548(a)(1)(B) and 550; (11) For avoidance of fraudulent conveyances pursuant to 11 U.S.C. §§544 and 550, and Cal. Civ. Code §3439.04(a)(1); and (12) For avoidance of fraudulent conveyances pursuant to 11 U.S.C. §§544 and 550, and Cal. Civ. Code §3439.04(a)(2)
fr. 5/17/17, 7/25/18, 6/26/18
Docket 1
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/26/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
Updated tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Updated tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Douglas James Chrismas Pro Se
Jennifer Kellen Pro Se
2:00 PM
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
Docket 19
No tentative ruling as of 2/25/19. Appearances are required on 2/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Pro Se
Unify Credit Union Represented By Brett P Ryan
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:30 PM
Docket 638
Grant debtor's motion to sell the subject real property under 11 U.S.C. 363, finding that the sale is an exercise of reasonable business judgment of debtor in possession and that the sale may be free and clear of liens and interests pursuant to 11 U.S.C. 363(f)(3), approve overbid procedures and payment of undisputed liens, real estate commissions and other ordinary costs of sale from escrow. Debtor will need to address the limited opposition of U.S. Bank to the motion. No tentative ruling on finding successful bidder and backup bidder as good faith purchasers pursuant to 11 U.S.C. 363(m) since sale with overbidding process has not yet been conducted. Authorize distribution of Mrs. Magleby's share of surplus sales proceeds directly to her from escrow pursuant to 11 U.S.C. 363(j). No tentative ruling on debtor's request for certain procedures in the event of lack of cooperation of Mrs. Magleby to the sale. The court is disinclined to order such procedures based on the presumption of lack of cooperation. Having said this, the court is inclined to order that the sale cannot close until Mrs. Magleby vacates the premises and possession is turned over to the buyer(s), that no distribution of the sales proceeds be made to Mrs. Magleby until the sale is closed after she turns over possession of the premises, or otherwise, the estate or buyer(s) will incur expense of having to bring an unlawful detainer action in state court or a turnover action in this court resulting in damages to the estate for which she may be liable to compensate the estate if she willfully failed to turn over possession. Moreover, the court would consider setting a hearing on turnover on shortened or emergency notice in the event of a failure to turn over possession after the sale, though this might have to be accomplished through
2:30 PM
the pending adversary proceeding for turnover. The parties, including debtor, Mrs. Magleby and the buyer(s) are urged to cooperate with respect to turnover of possession by Mrs. Magleby in conjunction with the closing of escrow for the sale. Appearances are required on 2/26/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:30 PM
Docket 295
Deny interim fee application of general bankruptcy counsel for debtor in possession without prejudice because: (1) no separately filed declaration of client indicating review of the application and lack of objection; and (2) no evidence debtor has the funds to pay the claimed fees (latest monthly operating report shows estate has less than $6,000 in funds). The court is disclined to authorize payment of interim fees where estate is administratively insolvent. Appearances are required on 2/26/19, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Movant(s):
Khang & Khang LLP Represented By Joon M Khang
2:30 PM
Docket 301
Deny interim fee application of general bankruptcy counsel for unsecured creditors committee without prejudice because: (1) no separately filed declaration of client indicating review of the application and lack of objection; and (2) no evidence debtor has the funds to pay the claimed fees (latest monthly operating report shows estate has less than $6,000 in funds). The court is disclined to authorize payment of interim fees where estate is administratively insolvent. Appearances are required on 2/26/19, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Movant(s):
Ronald Clifford Blakeley LLP Represented By Ronald Clifford
2:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
fr. 11/6/18, 12/11/18, 1/29/19
Docket 32
Off calendar. Continued by stipulation and order to 5/7/19 at 2:30 p.m. No appearances are required on 2/26/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 47
No tentative ruling as of 2/25/19. Appearances are required on 2/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 2/12/19
Docket 43
No updated tentative ruling as of 2/25/19. Appearances are required on 2/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
No tentative ruling as of 2/11/19. Appearances are required on 2/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Docket 51
Grant trustee's motion for turnover and issuance of writ of possession for the reasons stated in the moving papers and for the lack of timely written opposition. Appearances are required on 2/26/19, but counsel may appear by telephone.
Debtor(s):
Anna J Bowes Represented By Roxanne Bonar
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
2:30 PM
Docket 14
Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding valuation of the subject real property. The court will set a schedule of pretrial and trial proceedings, including discovery and trial setting. The court notes that counsel for debtor has been suspended from practicing law for 6 months beginning 1/25/19 according to information on the state bar website. Appearances are required on 2/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Ciro L Perez Represented By
Peter L Lago
Joint Debtor(s):
Maria M Perez Represented By Peter L Lago
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
fr. 12/11/18
Docket 265
Updated tentative ruling as of 2/25/19. Off calendar. Motion resolved by stipulated order filed and entered on 12/7/18. No appearances are required on 2/27/19.
Prior tentative ruling. Continued by stipulation and order to 2/27/19 at 11:00
a.m. No appearances are required on 12/11/18.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
Movant(s):
Christiana Trust, a division of Represented By Jeannette Marsala John P Ward
HSBC Bank USA, National Represented By Kelly M Raftery
11:00 AM
Docket 1
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Revised tentative ruling as of 5/9/18. Off calendar. Since creditor's motion to dismiss has been resolved by stipulation and order, the court on its own motion continues the status conference in this case to 8/29/18 at 11:00 a.m. A status report is due on 8/22/18. No appearances are required on 5/10/18.
Updated tentative ruling as of 5/7/18. No tentative ruling will be issued for the evidentiary hearing on the motion. Appearances are required on 5/10/18.
Prior tentative ruling as of 4/5/18. No tentative ruling on the merits. Appearances are required on 4/12/18.
Revised tentative ruling as of 2/28/18. Off calendar. In light of the continuance of the hearing on creditor's motion to dismiss, the court on its own motion continues the status conference in this case to 4/12/18 at 9:00
a.m. No appearances are required on 3/1/18.
Prior tentative ruling as of 11/28/17. Off calendar. The court, after reviewing the case docket, on its own motion continues the status conference to be conducted with the hearing on creditor's motion to dismiss or convert on
11:00 AM
12/6/17 at 11:00 a.m. No appearances are required on 11/29/17.
Prior tentative ruling as of 10/25/17. Off calendar. Continued by stipulation and order to 11/29/17 at 11:00 A.M. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. The court has reviewed debtor's status report filed on 2/23/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/10/17. Off calendar. Continued by stipulation and order to 3/1/17 at 11:00 a.m. No appearances are required on 1/11/17.
Prior tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/13/16. No tentative ruling on the merits, but debtor should address why a postconfirmation status report was not timely filed as ordered by the court on 10/18/16. Appearances are required on 12/14/16, but counsel may appear by telephone.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
11:00 AM
Docket 1
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/12/18. No tentative ruling on the merits. Regarding United States Trustee's limited opposition to motion to close case on an interim basis, debtor needs to address the objection regarding unpaid United States Trustee quarterly fees. Appearances are required on 2/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. No tentative ruling on the merits. The court notes that debtor filed a motion for order closing case on an interim basis with notice and opportunity for a hearing pursuant to LBR 9013-1(o). Debtor has not filed a declaration of non-opposition. The court is inclined to deny the motion without prejudice because there is no evidence in support of the assertions made in the motion. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/24/17. The court has reviewed debtor's postconfirmation status report, reporting he anticipates filing a motion for final
11:00 AM
decree within the next 90 days. Appearances are required on 4/26/16 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's postconfirmation status report. No tentative ruling on the merits. Appearances are required on 11/30/16, but counsel may appear by telephone.
Debtor(s):
Francisco O Lopez Represented By Nam H. Le
11:00 AM
fr. 10/3/18, 11/7/18, 12/19/18
Docket 68
Updated tentative ruling as of 2/25/19. Off calendar. In the case status report filed on 2/22/19, debtor advised that he reached a settlement with the first deed of trust holder and will be filing an amended disclosure statement and plan by 2/25/19 to be set for hearing on 3/27/19 at 11:00 a.m. The court on its own motion continues the hearing on the disclosure statement to 3/27/19 at 11:00 a.m. No appearances are required on 2/27/19. Debtor to give notice of continuance.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of disclosure statement because: (1) plan is patently unconfirmable because it modifies loan secured by lien on debtor's principal residence in violation of 11 U.S.C. 1125(b) (plan modifies contractual interest rate on first and second secured home loans) and it does not propose a cure of outstanding arrearages on home mortgages in accordance with 11 U.S.C. 1124(2)(10 year payment of arrearages is discriminatory compared with 5 year payment of general unsecured claims);
11:00 AM
(2) disclosure statement lacks adequate information regarding plan feasibility since no financial history or financial projections are provided. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By
David I Brownstein
11:00 AM
Docket 1
Updated tentative ruling as of 2/25/19. Off calendar. In the case status report filed on 2/22/19, debtor advised that he reached a settlement with the first deed of trust holder and will be filing an amended disclosure statement and plan by 2/25/19 to be set for hearing on 3/27/19 at 11:00 a.m. The court on its own motion continues the status conference to 3/27/19 at 11:00 a.m.
No appearances are required on 2/27/19. Debtor to give notice of continuance.
Prior tentative ruling as of 12/18/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. The court has reviewed debtor's status report requesting a continuance of about 30 day to complete settlement discussions with the secured lender. No tentative ruling on the merits.
Appearances are required on 11/7/18 so that other parties, including United States Trustee, may be heard on status, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 2/26/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/17. The court has reviewed debtor's status report filed on 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Updated tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By Joshua L Sternberg
11:00 AM
fr. 10/3/18, 11/8/18, 12/17/18
Docket 217
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
No tentative ruling as of 7/16/18. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Revised tentative ruling as of 7/25/17. The court has reviewed debtor's status
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report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits, but the court notes that the cash flow projection described as Exhibit A was not attached to the status report. Appearances are required on 4/19/17 to discuss setting of claims bar date and further proceedings, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 118
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 10/17/18. The court retracts its tentative ruling of 10/16/18 because it has authorized debtors to respond orally to the supplemental brief of creditors by time of continued hearing, and to file a written response. Appearances are required on 10/17/18, but the prior tentative ruling on 10/15/18 remains the same.
Updated tentative ruling as of 10/16/18. Debtors filed a surreply brief and request for judicial notice of new matters on 10/15/18, which are not authorized under the court's local rules and for which debtors did not request leave of court to file, and the court will disregard these papers for purposes of the hearing on 10/17/18. Creditors need not respond to debtors' surreply or request for judicial notice at the hearing on 10/17/18, though the court might consider them as debtors' trial brief for the trial that will be set on this contested matter. Otherwise, the court's tentative ruling posted on 10/10/18 will apply.
Prior tentative ruling as of 10/15/18. The court will treat the hearing as a status conference because there are material factual disputes raised by the motion which is a contested matter under Federal Rule of Bankruptcy Procedure 9014 relating to debtors' good faith in filing this case which require an evidentiary hearing to resolve. The court will schedule an evidentiary
11:00 AM
hearing at the status conference, and the court requests that counsel appear telephonically rather than appear in person to minimize litigation costs.
Regarding the contentions of debtors, the court is of the view that the motion is not untimely and there is no bar of laches because it seems that at any time in this case, parties in interest can move for dismissal, particularly, preconfirmation, that the motion is not a litigation tactic by creditors to gain advantage in the state court, and that debtors can reorganize and confirm a plan is not an undisputed fact and remains to be seen.
Regarding the contentions of creditors, the court is of the view that debtors could propose a confirmable plan through a combination of income and asset sales, particularly as creditors acknowledge that debtors have property equity of over $1.1 million to fund a plan, that denial of confirmation of the currently proposed plan does not necessarily mean that debtors could not later propose an amended plan that is confirmable, that creditors' opposition to a plan does not necessarily mean that a plan absolutely be confirmed under the cramdown standards of 11 U.S.C. 1129(b), provided that debtors find a way to meet the requirements of the absolute priority rule or qualify for an exemption to the rule, and that whether this is a two-party dispute is a disputed issue of material fact relating to good faith of debtors in filing this case.
If creditors are pressing their motion, the court will ask them for dates for an evidentiary hearing on the disputed material issues of fact, or these issues can be litigated in connection with plan confirmation relating to the disclosure statement and proposed plan now pending.
Appearances are required on 10/17/18, but counsel may and should appear by telephone.
Prior tentative ruling as of 9/17/18. Appearances are required on 9/19/19, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
fr. 11/7/18, 1/9/19, 2/6/19
Docket 135
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of disclosure statement because: (1) insufficient legal justification for separately classifying business and "consumer" unsecured claims; (2) insufficient justification for property valuations set forth in liquidation analysis; (3) insufficient justification for 30% capital gains tax burden in liquidation analysis. Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
11:00 AM
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
fr. 11/7/18, 1/9/19, 2/6/19
Docket 116
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. The court is inclined to trail the hearing on the application to employ until the court rules on creditor's motion to dismiss. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion continues the hearing on the application to employ special litigation counsel to the date and time of the hearing on creditor's motion to dismiss the bankruptcy case on 9/19/18 at 2:30 p.m. as a status conference on the application. Most likely, creditor's motion to dismiss is a contested matter under FRBP 9014 and may require an evidentiary hearing which the court will set at the hearing on 9/18/18, and the hearing on the employment application will trail the hearing on the motion to dismiss since granting of the motion to dismiss will moot out the application. No appearances are required on 8/29/18. Debtor to notify applicant of the continuance.
11:00 AM
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
Docket 1
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. The court has reviewed debtor's status report indicating that debtor and creditor Oggi's Pizza & Brewing Co. have indicated a willingness to ask a settlement conference before a judicial officer. The court was thinking of asking Visiting Bankruptcy Judge Gregg Zive to act as a settlement judge because in the court's view, he would have the ideal temperament for this case, and he may be available in early December or early February to conduct a settlement conference. Otherwise, no tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court has reviewed debtors' status report, and the court is inclined to set a further status report in 90 days. No tentative ruling on the merits. Appearances are required on 2/7/18 to discuss
11:00 AM
scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 11/15/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
11:00 AM
Adv#: 2:17-01455 Oggi's Pizza and Brewing Company v. Bodeau et al
fr. 11/7/18, 1/9/19, 2/6/19
Docket 1
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. Off calendar. At the hearing on creditor's motion to dismiss on 10/17/18, the court continued the pretrial conference to 11/7/18 at 11:00 a.m. as a status conference. No appearances are required on 10/24/18.
Prior tentative ruling as of 7/16/18. The court has reviewed the joint status report. Appearances are required on 7/17/18 to discuss the status of the mediation, timing of expert witness discovery and scheduling of pretrial conference and trial. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. The court has reviewed the joint status report. Set a discovery cutoff date of 6/30/18 and a further postdiscovery status conference for 7/17/18 at 1:30 p.m. with a joint status report due on 7/10/18. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 1/31/18 and complete
11:00 AM
mediation by 7/17/18. Appearances are required on 12/5/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/3/17, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush
Defendant(s):
Paul Bodeau Pro Se
Sandra Bodeau Pro Se
Kevin Michael Bodeau Pro Se
Bodeau Enterprises Pro Se
DOES 1-50 Pro Se
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
Plaintiff(s):
Oggi's Pizza and Brewing Company Represented By
Louis H Altman
11:00 AM
Docket 120
Deny motion to value debtor's assets without prejudice and with leave to amend. The notice of motion and motion do not sufficiently put creditor Pacific City Bank on notice that debtor is seeking to determine the value of the bank's secured claim. The motion is a motion under FRBP 3012, but it is not styled as such. Notice is insufficient because there is nothing in the caption of the motion referring to the determination of the creditor's secured claim or refers to the creditor at all, the motion is addressed to "all interested parties" and not specifically to creditor Pacific City Bank. The body of the motion is unclear what relief is being sought because there is nothing about seeking a determination of the secured claim of creditor Pacific City Bank until page 5, and it is then unclear what debtor wants. It seems to the court that debtor seeks a determination of a specific amount of the claim, and that would depend in part on a determination of the amount of senior lien of Prime Business Credit, for which there is no competent evidence of valuation.
Debtor must be "up front" in stating that the motion is to value or determine the secured claim of creditor Pacific City Bank. See FRBP 3012(a)(1), citing 11 U.S.C. 506(a). Debtor must also specify the date of valuation of the collateral, which generally in a Chapter 11 reorganization case should be the date of expected confirmation since that is the purpose of the valuation.
Motion at 3 ("Once the assets value is established by the Court, the Debtor is prepared to file its plan of reorganization and disclosure statement.); see 3 March, Ahart and Shapiro, Rutter Group California Practice Guide: Bankruptcy, paragraph 17:83 at 17-9 (2018), citing, Matter of Siep, 116 B.R. 709, 711 (Bankr. D. Neb. 1990). Moreover, the notice of motion is defective because the time of the hearing is not specified in the body of the motion.
Appearances are required on 2/27/19, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
11:00 AM
Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report proposing a claims bar date of 1/24/18 with notice being served by 11/8/17 and a disclosure statement filing deadline of 2/28/18. These dates are satisfactory, and debtor should submit a proposed scheduling order. Appearances are required on 11/1/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
11:00 AM
Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/18/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No
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tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
11:00 AM
Docket 82
Updated tentative ruling as of 2/25/19. The second amended disclosure statement and proposed plan are deficient because: (1) the class numbering is incorrect and inconsistent; (2) the funding for the plan section of the disclosure statement should state that debtor intends to sell the property within 45 days of the effective date of the plan; (3) the plan and disclosure statement do not contain a provision to define the effective date of the plan;
(4) the discharge provision is incorrect because debtor is ineligible for a discharge under 11 U.S.C. 1141(d)(3) because the plan provides for liquidation of all or substantially all of the property of the estate. Debtor needs to address objection of creditor Velocity Commercial Capital Loan Trust 2014-1. Appearances are required on 2/27/19, but counsel may appear by telephone.
Revised tentative ruling as of 1/28/19. Debtor filed an amended disclosure statement on 1/23/19, which may require a continance of the hearing to allow creditors to respond. Scheduling of a further hearing on the disclosure statement may be affected due to a possible further government shutdown in three weeks, which may impact the operations of the judiciary.
Appearances are required on 1/30/19, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:00 AM
Docket 1
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/29/18. No tentative ruling on the merits. Appearances are required on 10/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
No updated tentative ruling as of 8/20/18. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The claims bar date should be at least 60 days from the date of notice of bar date to creditors, so 6/1/18 is not appropriate. Otherwise, no tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By
11:00 AM
Christopher P Walker
11:00 AM
Docket 1
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. Regarding debtor's proposed claims bar dates, the court requires at least 60 days notice to nongovernmental creditors, and debtor's proposed bar date for governmental creditors of 7/30/18 is inconsistent with 11 U.S.C. 502(b)(9) providing that claims of governmental units are timely if filed before 180 days after the order for relief. Otherwise, no tentative ruling on the merits.
Appearances are required on 5/16/18, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
Docket 53
No tentative ruling as of 2/25/19. Appearances are required on 2/27/19, but counsel may appear by telephone.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes Luis A Solorzano
11:00 AM
Docket 1
Updated tentative ruling as of 2/25/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report proposing a claims bar date of 7/30/18, but the court requires 60 days notice of a bar date to creditors, which means notice must be served on all creditors by 5/31/18. The court is inclined to set a bar date of 8/10/18 with notice served by 6/8/18. Otherwise, no tentative ruling on the merits. Appearances are required on 5/30/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes
11:00 AM
Docket 1
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
Debtor(s):
San Pedro Waterfront LLC dba Ports Represented By
David R Haberbush
11:00 AM
Docket 85
Updated tentative ruling as of 2/25/19. Off calendar. Continued by stipulation and order to 4/10/19 at 11:00 a.m. No appearances are required on 2/27/19.
Prior tentative ruling. Treat the motion as a contested matter because there are disputed issues of material fact whether cause exists for appointment of a Chapter 11 trustee under 11 U.S.C. 1104(a). The court will set a litigation schedule of pretrial and trial proceedings, including discovery, at the hearing, which will be treated as a status conference. Counsel should discuss their pretrial needs with each other before the hearing. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
11:00 AM
Docket 27
Off calendar. Having reviewed the declaration of general bankruptcy counsel for debtor in possession, the court discharges the order to show cause. No appearances are required on 2/27/19.
Debtor(s):
Azca Props, LLC Represented By Marc A Goldbach
11:00 AM
Docket 1
Updated tentative ruling as of 2/25/19. Off calendar. Case converted to Chapter 7 on the motion of the United States Trustee to dismiss or convert on 2/22/19. No appearances are required on 2/27/19.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Azca Props, LLC Represented By Marc A Goldbach
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
Renee E Sanders
11:00 AM
Docket 21
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 2/27/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth
1:30 PM
fr. 1/30/19
Docket 612
After considering the responses of debtor and several creditors to the order to show cause, which were not in agreement, the court is inclined to discharge the order to show cause. Based on recent developments in the case, it appears that the case is progressing to conclusion through the sale of the major asset of the estate, the residential real property, which should resolve the claims of the secured lenders, and that debtor and the creditor, Cindy Magleby, who has the largest unsecured claims in dispute, have indicated a willingness to have the family law court liquidate her claims which could occur expeditiously in a trial as early as June 2019. The liquidation of Mrs.
Magleby's claim will facilitate the readiness of this case for a plan confirmation process, which may or may not be contested. The continuation of the case would faciliate the reorganization of the debtor to preserve settlements reached with other creditors. Appearances are required on 2/27/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 12/13/18, 12/19/18, 1/30/19
Docket 390
Updated tentative ruling as of 2/25/19. In the papers filed by debtor and creditor Cindy Magleby in response to the court's order to show cause re: dismissal or conversion, although these parties did not agree on whether the case should be dismissed, they both indicated a willingness to have the family law court adjudicate the merits of Mrs. Magleby's claims as well as other family law issues with possible availability for trial in June 2019. There is also a possibility of further settlement efforts in the family law court as indicated by counsel for Mrs. Magleby as reflected in the transcript of hearing before that court in December 2019. The court encourages the parties to pursue their settlement discussions with the family law court and is amenable to having the family law court adjudicate the merits of Mrs. Magleby's claims if this is supported by the parties and the availability of that court to try these matters expeditiously. In that regard, the court would consider a proposed stipulated order clarifying stay relief to allow the family law court to try the claims and issues agreed upon by the parties, including the claims being objected to in this contested matter. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status
1:30 PM
conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Docket 174
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 11/13/18, 12/19/18, 1/30/19
Docket 548
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 12/19/18 at 11:00 a.m. No appearances are required on 11/13/18.
Corrected tentaive ruling. Off calendar. The court on its own motion continues the hearing on the application to 11/14/18 at 1:30 p.m. to be heard with hearings on other matters in the case on that date. No appearances are required on 11/13/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 12/19/18, 1/30/19
Docket 594
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/17/18. Appearances are required on 12/19/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 12/13/18, 12/19/18, 1/30/19
Docket 1
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. If debtor's motion to sell real property is granted, the court should probably set a final hearing on turnover to address issues relating to the sale unless the parties agreeing to conditions of turnover post-sale. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a
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joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Lorena Quiroz Represented By Francis Guilardi
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Tamiko Shanette Carnes Represented By Byron M Johnson
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 18
No tentative ruling as of 3/4/19. Appearances are required on 3/5/19.
Debtor(s):
Eduardo Jose Salazar Represented By
Michael H Colmenares
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 19
No tentative ruling as of 3/4/19. Appearances are required on 3/5/19.
Debtor(s):
Eduardo Jose Salazar Represented By
Michael H Colmenares
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
Violation Of Fair Debt Collection Practices Act fr. 8/28/18, 10/16/18, 1/8/19
Docket 1
Updated tentative ruling as of 3/4/19. Off calendar. Continued by stipulation and order to 5/7/19 at 2:30 p.m.. No appearances are required on 3/5/19.
Prior tentative ruling as of 1/7/19. Off calendar. Continued by stipulation and order to 3/5/19 at 1:30 p.m. No appearances are required on 1/8/19.
Prior tentative ruling as of 4/30/18. No tentative ruling on the merits. Appearances are required on 5/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. Off calendar. The court on its own motion continues the status conference to 3/20/18 at 3:00 p.m. A separate order is being entered. No appearances are required on 2/27/18.
Prior tentative ruling. The court has reviewed the joint status report and also notes on the case docket that there is a hearing on the motion of defendant JP Morgan Chase Bank, N.A. to dismiss plaintiff's amended complaint on 2/27/18 at 3:00 p.m., which may have an impact on scheduling in this adversary proceeding. Therefore, the court on its own motion continues the
1:30 PM
status conference to 2/27/18 at 3:00 p.m. to be conducted with the hearing on the motion to dismiss the amended complaint. No appearances are required on 2/13/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
JPMORGAN CHASE BANK, N.A. Pro Se QUALITY LOAN SERVICE Pro Se
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
1:30 PM
Adv#: 2:18-01379 Avery v. Prototype Engineering & Manufacturing, Inc. et al
fr. 1/29/19
Docket 1
Off calendar. Continued by stipulation and order to 3/26/19 at 2:30 p.m.. No appearances are required on 3/5/19.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Prototype Engineering & Pro Se
Bahram Bordbar Pro Se
Malahat Bordbar Pro Se
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
1:30 PM
1:30 PM
Adv#: 2:18-01209 Voong v. Trinh
Docket 1
Updated tentative ruling as of 3/4/19. Off calendar. Continued by stipulation and order to 4/9/19 at 2:30 p.m.. No appearances are required on 3/5/19.
Prior revised tentative ruling as of 11/6/18. Off calendar. Continued by stipulation and order to 3/5/19 at 1:30 p.m. No appearances are required on 11/6/18.
Prior tentative ruling as of 11/5/18. The court has reviewed the joint status report. The court tends to agree with plaintiff and defendant Trinh that a determination of whether the estate has an interest in the subject property first would be a more efficient use of litigation resources as that seems to be a straightforward issue. Deciding this issue is a threshold issue for Second Generation’s fraudulent transfer claims, and the parties would not have to litigate these claims if the assets were plaintiff’s separate property.
Appearances are required on 11/6/18, but counsel may appear by telephone.
Updated tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
No tentative ruling as of 8/20/18. The court intends to advance the related matters on the court's 2:30 p.m. calendar to be heard with the status conference. However, the status conference will be conducted at the end of the 1:30 p.m. for matters in other cases to be called first. Appearances are required on 8/21/18, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
Defendant(s):
Catherine Trinh Pro Se
Plaintiff(s):
Kevin Voong Represented By
Dawn M Coulson
1:30 PM
Adv#: 2:18-01283 Camel Financial, Inc. v. Bowes et al
fr. 11/13/18
Docket 1
Updated tentative ruling as of 3/4/19. Off calendar. The court has reviewed plaintiff's unilateral status report. The court on its own motion continues the status conference to 5/7/19 at 1:30 p.m. in order to allow time for plaintiff to prepare and file a motion for default judgment. No appearances are required on 3/5/19.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 11/13/18.
Debtor(s):
Nicholas Bowes Pro Se
Defendant(s):
Nicholas Bowes Pro Se
Luddivina Bowes Pro Se
Joint Debtor(s):
Luddivina Bowes Pro Se
Plaintiff(s):
Camel Financial, Inc. Represented By Darren B. Landie Jerome S Demaree
1:30 PM
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Adv#: 2:18-01464 Neuger et al v. Salke
Docket 1
Off calendar. Continued by stipulation and order to 4/2/19 at 1:30 p.m.. No appearances are required on 3/5/19.
Debtor(s):
Alan Eugene Salke Represented By Simon Aron
Defendant(s):
Alan Eugene Salke Pro Se
Plaintiff(s):
Win Neuger Represented By
J Scott Bovitz
Marshall Manley Represented By J Scott Bovitz
Peter A. Feinstein, M.D. Represented By J Scott Bovitz
Marshall Manley, Administrator of Represented By
J Scott Bovitz
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
Docket 571
Revised tentative ruling as of 3/4/19. Continued hearing on trustee's motion for relief from order to 5/28/19 at 2:30 p.m. because the court believes the present motion as well as the prior motions did not effectively put the creditors on notice that their previously ordered distributions were being forfeited.
None of these motions were addressed to the affected creditors, but to the court, the debtor and "interested parties," which is ineffective notice to the creditors that they would be losing $189,000. Moreover, neither the forfeiture of these funds nor the creditors whose funds are to be forfeiture is not described in the caption of any of these motions, which is ineffective notice. Rather than asking the trustee to try again, the court has issued its own order to show cause why the money previously ordered distributed to the creditors should be forfeited for their failure to accept the distributions, and the order to show cause will be directed to the creditors by name in the caption of the order. Appearances are required on 3/5/19, but counsel may appear by telephone.
Debtor(s):
Ramon De Jesus Contreras Represented By
Andrew Edward Smyth
Joint Debtor(s):
Maria Del Rosario Contreras Represented By
Andrew Edward Smyth
Trustee(s):
Carolyn A Dye (TR) Represented By
2:30 PM
James A Dumas Jr John K Park Christian T Kim Miri Kim Wakuta
2:30 PM
Adv#: 2:18-01379 Avery v. Prototype Engineering & Manufacturing, Inc. et al
Docket 15
Off calendar. Continued by stipulation and order to 3/26/19 at 2:30 p.m.. No appearances are required on 3/5/19.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Prototype Engineering & Pro Se
Bahram Bordbar Represented By Brian L Davidoff
C John M Melissinos
Malahat Bordbar Represented By Brian L Davidoff
C John M Melissinos
Movant(s):
Bahram Bordbar Represented By Brian L Davidoff
C John M Melissinos
Malahat Bordbar Represented By Brian L Davidoff
2:30 PM
C John M Melissinos
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Adv#: 2:18-01379 Avery v. Prototype Engineering & Manufacturing, Inc. et al
Docket 17
Off calendar. Continued by stipulation and order to 3/26/19 at 2:30 p.m.. No appearances are required on 3/5/19.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Prototype Engineering & Pro Se
Bahram Bordbar Represented By Brian L Davidoff
C John M Melissinos
Malahat Bordbar Represented By Brian L Davidoff
C John M Melissinos
Movant(s):
Bahram Bordbar Represented By Brian L Davidoff
C John M Melissinos
Malahat Bordbar Represented By Brian L Davidoff
2:30 PM
C John M Melissinos
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Adv#: 2:18-01209 Voong v. Trinh
Docket 33
Off calendar. Continued by stipulation and order to 4/9/19 at 2:30 p.m.. No appearances are required on 3/5/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
Defendant(s):
Catherine Trinh Represented By Alan W Forsley
Plaintiff(s):
Kevin Voong Represented By
Dawn M Coulson
2:30 PM
2. abandonment of property of the estate
Docket 52
Grant trustee's motion to approve equity buyback agreement and abandonment of property of the estate for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 3/5/19, but counsel may appear by telephone.
Debtor(s):
Janine Liebert Represented By Charles Shamash
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
2:30 PM
Docket 15
Grant trustee's motion authorizing sale of property pursuant to 11 U.S.C. 363(b), approving bidding procedures and compromise of controversy pursuant to FRBP 9019 for the reasons stated in the moving papers and for lack of timely written opposition. No tentative ruling on request to approve buyer as good faith purchaser pursuant to 11 U.S.C. 363(m) since overbidding may occur at the hearing. Appearances are required on 3/5/19.
Debtor(s):
Metamason, Inc Represented By Marcus G Tiggs
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Docket 31
Grant trustee's motion objecting to debtor's claimed exemptions for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 3/5/19, but counsel may appear by telephone.
Debtor(s):
Michelle Vanna Che Represented By Brad Weil
Trustee(s):
JOHN J MENCHACA Represented By Larry D Simons
2:30 PM
Docket 209
The supporting declaration of Marvin Scheidt in the motion lacks a date of execution as required by 28 U.S.C. 1746(2) and needs to be corrected with an amended declaration filed and placed on the docket.
No tentative ruling on the appropriate minimum bid increments for the auction sale since it depends on proportionality, and the interests of the efficiency of the auction and the effectiveness of the auction in realizing value for the estate, and there is no information regarding proposed minimum bids for the properties in order for the court to meaningfully assess the proposed bid increments of $5,000 from the committee and $25,000 from the debtor.
The debtor agrees to the request of the committee that the proposed bid protections is subject to the condition that the stalking horse bidder is neither an insider nor an affiliate of the debtor, which condition is acceptable to the court.
The court notes that there was no objection to the proposed three percent breakup fee, which is acceptable to the court.
Regarding the committee's request for clarification regarding the applicability of any credit bid to any uncumbered properties and the allocation of the purchase price on a property by property basis in the event of a credit bid by a secured lender, and debtor's response that the issues raised by the request are premature because such issues may not be ultimately raised if there is only one bid for the sale assets or the submitted bids only relate to indisputably encumbered properties. While debtor makes a valid point, it seems that in order that the sale be conducted with a minimum of contested
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litigation over the encumbered status of particular assets, it would seem that there should be information known by debtor or available to debtor through public database sources like Westlaw.
The committee has asked for clarification that two of the fifteen estate properties are unencumbered, and debtor in reply states that it does not have the financial ability to provide confirmation. Debtor should explain why it does not have information regarding encumberances on its properties, such as trust deeds, mortgages and property tax liens. Debtor should also explain its lack of ability to pay for preliminary title reports for the assets to be sold, or more reasonable cost alternatives, such as property profiles or Westlaw public database property reports, though the court also realizes that time is of the essence due to possible foreclosure activity by Great Rock. The court inquires of debtor how much information is known about the identity and extent of the liens and lienholders as to each property and whether this information has been or is being made available to prospective bidders. The court recognizes that the bidding parties will be responsible for their due diligence, and the court does agree with the committee in principle that a lienholder cannot credit bid on property it does not have a lien on, but the court feels that it would help if measures can be taken now to anticipate and minimize these allocation disputes.
Regarding the proposed form of notice to be provided to prospective buyers and other parties in interest, the form was supposed to be attached as Exhibit 1 to the reply, but it was not attached, so no tentative ruling on this item.
Regarding scheduling a sale hearing on or before April 9, 2019, the court can tentatively schedule a hearing of one hour for Tuesday April 9, 2019 at 11:00
a.m. If additional time is needed, the court can schedule a hearing on Monday April 8, 2019.
Appearances are required on 3/5/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender
2:30 PM
Juliet Y Oh Todd M Arnold Lindsey L Smith
2:30 PM
Docket 6
Off calendar. Application granted by order entered on 2/20/19. No appearances are necessary.
Debtor(s):
Josephine Covarrubias Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
fr. 2/19/19
Docket 0
Updated tentative ruling as of 3/4/19. The court has reviewed debtors' supplemental declaration filed on 2/22/19 admitting that the property is not claimed as exempt, but asserting that the property was abandoned when the trustee filed a no distribution report. However, under applicable and controlling Ninth Circuit case precedent, In re Reed, 940 F.2d 1317, 1321 (9th Cir. 1991), contrary to debtors' position, the filing of a no distribution report by the trustee does not effect an abandonment. The bankruptcy case must be closed to effect a "technical abandonment" under 11 U.S.C. 554(c), which is probably what debtors mean. Thus, at this time, pending closing of the case, the court cannot make a finding that the property is either exempt or abandoned, and cannot grant the motion until the property is either exempt or abandoned. The court could either deny the motion without prejudice or continue the hearing for debtors to exempt the property, request voluntary abandonment by the trustee, move to compel abandonment or wait until the case is closed for a technical abandonment. There are advantages and disadvantages to these various alternatives. Appearances are required on 3/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/15/19. Appearances are required on 2/19/19 to address the concerns raised in the court's order filed and entered on 2/5/19, but counsel may appear by telephone.
Debtor(s):
Robert Yi Represented By
Rex Tran
2:30 PM
Joint Debtor(s):
Marissa Paige Martinez-Yi Represented By Rex Tran
Trustee(s):
Elissa Miller (TR) Pro Se
2:30 PM
Docket 7
Off calendar. Application granted by order entered on 2/22/19. No appearances are necessary.
Debtor(s):
Adolphus Nduka Mgbeahurike Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Docket 8
Off calendar. Application granted by order entered on 2/22/19. No appearances are necessary.
Debtor(s):
Jordan Frank Warren Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Docket 15
Off calendar. By prior order, the court has determined that oral argument on the motion is unnecessary and dispenses with it, vacated the hearing, took the motion under submission and issued a written ruling on the motion. No appearances are required on 3/5/19.
Debtor(s):
Eric Ojiyi Represented By
Brad Weil
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 211
Revised tentative ruling as of 3/5/19. Because the disclosure statement has not been amended since the last hearing, the court will call this matter on its 11:00 a.m. calendar with the other matters in this case scheduled for hearing on the 11:00 a.m. calendar. No tentative ruling on the merits. Appearances are required at 11:00 a.m. on 3/6/19, and not at 10:30 a.m., but counsel may appear by telephone.
Prior tentative ruling as of 2/15/19. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 149
In her declaration in support of the motion, debtor states that she completed her payments to general unsecured creditors and is current on her payments to secured creditors. However, the court cannot confirm the accuracy of these assertions and requires that debtor submit a supplemental declaration with a chart showing all plan payments made, indicating what and when they were due and when they were made, so the court can confirm that the case is ready for discharge based on assurance of completion of payments.
Appearances are required on 3/6/19, but counsel may appear by telephone.
Debtor(s):
Kristine Lynn Heicke Represented By Daniel King Kevin Tang
11:00 AM
fr. 12/5/18, 12/19/18, 1/9/19
Docket 180
Updated tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Prior tentative ruling as of 12/17/18. No tentative ruling will be issued for the evidentiary hearing on creditor's motion to convert case to Chapter 7.
Appearances are required on 12/19/18.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/19/18 at 1:30 p.m. No appearances are required on 12/5/18.
Prior tentative ruling. Overrule evidentiary objections of debtor to Polis declaration. The court is inclined to order debtor to file a written outline of how this case will reorganize with an estimated timetable by 11/21/18 and set a further and separate hearing on the motion on 11/28/18 at 10:00 a.m. to discuss the status of debtor's reorganization efforts. Debtor's opposition
11:00 AM
really did not show much in the way of the presence of a reasonable likelihood of reorganization to persuade the court to deny the motion at the hearing on 11/14/18, which is somewhat disconcerting, given the age of this case, now approaching its one year anniversary on 11/30/18. The court thinks debtor must make some showing of a reasonable likelihood of a confirmable plan within a reasonable period of time, or otherwise it might be convinced to grant the motion. Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
fr. 2/20/19, 1/19/19
Docket 215
Updated tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling. Disapprove proposed disclosure statement for lack of sufficient information because it lacks sufficient detailed information on how the plan is feasible, including historical financial information. Just attaching copies of monthly operating reports to the disclosure statement is insufficient. The disclosure statement needs to describe the means on how the plan is going to be funded to demonstrate feasibility to creditors. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
Docket 1
Updated tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo
11:00 AM
Docket 1
Updated tentative ruling as of 3/4/19. Off calendar. The court has debtor's status report advising that she has filed a motion to approve disclosure statement noticed for hearing on 3/27/19 at 11:00 a.m. The court on its own motion continues the status conference to 3/27/19 at 11:00 a.m. to be conducted with that hearing. No appearances are required on 3/6/19.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. The court has reviewed debtor's status report filed on 8/15/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. The court has reviewed debtor's status report filed on 5/9/18. No tentative ruling on the merits. Appearances are required on 5/16/18, but counsel may appear by telephone.
Updated tentative ruling as of 3/5/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 225
Grant creditor's motion to allow filing of late proof of claim to be deemed timely for the reasons stated in the moving papers. Cause to extend time for creditor to file is shown under FRBP 3003(c)(3) because of excusable neglect since there is no danger of prejudice to debtor since the case is not ready for plan confirmation with debtor just recently filing a disclosure statement, the length of the delay is relatively short, 7 months from the bar date, and the impact on the proceedings is minimal, the reason for the delay is the failure of debtor to give notice of the bar date to creditor, and the recent appointment of a trustee for creditor, and failure to give notice of the bar date of creditor was not within creditor's control (the evidence in the record is undisputed that no notice of the bar date was given to creditor since it was not listed as a creditor on debtor's schedules, and debtor's service of a notice of automatic stay from its bankruptcy case on creditor's state court counsel does not give notice of the bar date, see In re Villar, 317 B.R. 88, 92-94 (9th Cir. BAP 2004)(service on state court litigation counsel of a party may not be effective service in bankruptcy case unless authorization to accept service is shown) and creditor has acted in good faith in seeking permission to file a late claim after the bar date since it had no notice of the bar date since debtor did not give notice to creditor. See Pioneer Investment Services Co. v. Brunswick Associates Limited Partnership, 507 U.S. 380, 389 (1993); In re Maya Construction Co., 78 F.3d 1395, 1399 (9th Cir. 1996)(distinguishing In re Coastal Alaska Lines, Inc., 920 F.2d 1428 (9th Cir. 1990) and Matter of Gregory, 705 F.2d 1118 (9th Cir. 1983) where notice of creditors' meeting was given and put unscheduled creditor on notice of due date of claims)). Notice to Tony Trinh, creditor's principal, is insufficient to give notice to creditor since creditor is a separate legal entity having a separate legal identity entitled to separate notice. To the extent that Debtor's arguments in opposition go to the merits of the proof of claim, such arguments will be considered on a determination of the claim on the merits when an objection to the claim is filed pursuant to FRBP 3007.
Appearances are required on 3/6/19, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 235
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 3/6/19, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
fr. 1/30/19
Docket 141
Updated tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 3/6/19 at 11:00
a.m. by prior order. No appearances are required on 1/30/19.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Docket 153
No tentative ruling as of 3/4/19. Appearances are required on 3/6/19, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Debtor(s):
Dean Henrik Okland Represented By Matthew D. Resnik
11:00 AM
Docket 1
The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Debtor(s):
Roger Timothy Ruiz Represented By Marcus G Tiggs
11:00 AM
Docket 82
Updated tentative ruling as of 3/4/19. The full street address of the court should be listed on the caption of the third amended disclosure statement, and the date and time of the plan confirmation hearing will have to be stated in the caption and in the text of the third amended disclosure statement. The full mailing address of counsel for debtor as the recipient of ballots and service of objections to plan confirmation should be stated in the text of the disclosure statement. The "Y/N"s on page 7 of the third amended plan for Class 4 claims will need to be selected. Otherwise, no tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. The second amended disclosure statement and proposed plan are deficient because: (1) the class numbering is incorrect and inconsistent; (2) the funding for the plan section of the disclosure statement should state that debtor intends to sell the property within 45 days of the effective date of the plan; (3) the plan and disclosure statement do not contain a provision to define the effective date of the plan;
the discharge provision is incorrect because debtor is ineligible for a discharge under 11 U.S.C. 1141(d)(3) because the plan provides for liquidation of all or substantially all of the property of the estate. Debtor needs to address objection of creditor Velocity Commercial Capital Loan Trust 2014-1. Appearances are required on 2/27/19, but counsel may appear by telephone.
Revised tentative ruling as of 1/28/19. Debtor filed an amended disclosure statement on 1/23/19, which may require a continance of the hearing to allow creditors to respond. Scheduling of a further hearing on the disclosure statement may be affected due to a possible further government shutdown in three weeks, which may impact the operations of the judiciary.
11:00 AM
Appearances are required on 1/30/19, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:00 AM
Docket 1
Updated tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/29/18. No tentative ruling on the merits. Appearances are required on 10/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
No updated tentative ruling as of 8/20/18. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The claims bar date should be at least 60 days from the date of notice of bar date to creditors, so 6/1/18 is not appropriate. Otherwise, no tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
1:30 PM
fr. 10/3/18, 11/7/18
Docket 2375
Updated tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. The court will treat the hearing as a status conference to set a schedule of further proceedings. The parties should confer regarding their pretrial needs and an appropriate schedule.
Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
1:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 8/8/18, 9/12/18, 11/7/18
Docket 1
Updated tentative ruling as of 3/4/19. Off calendar. Continued by stipulation and order to 3/13/19 at 1:30 p.m. No appearances are required on 3/6/19.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. Appearances are required on 9/12/18, but counsel may appear by telephone. No tentative ruling on the state of discovery, except regarding 400 S. La Brea, LLC's submission of documents for in camera review:
Document | Tentative Ruling |
1:30 PM
400 S. La Brea, LLC's 2015 Balance Sheet 400 S. La Brea, LLC's 2016 Balance Sheet 400 S. La Brea, LLC's 2016 Income Statement 400 S. La Brea, LLC's 2016 Federal and State Tax Returns | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B)(i). |
2012 Appraisal of the Subject Property 2013 Appraisal of the Subject Property | Order disclosure, subject to redaction of "confidential commercial information." |
2017 Appraisal of the Subject Property Technical Review of the 2017 Appraisal of the Subject Property | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B) (i). The 2017 documents are irrelevant because they postdate the subject lease term. |
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
1:30 PM
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
fr.12/19/18, 1/30/19, 2/27/19
Docket 390
Updated tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. In the papers filed by debtor and creditor Cindy Magleby in response to the court's order to show cause re: dismissal or conversion, although these parties did not agree on whether the case should be dismissed, they both indicated a willingness to have the family law court adjudicate the merits of Mrs. Magleby's claims as well as other family law issues with possible availability for trial in June 2019. There is also a possibility of further settlement efforts in the family law court as indicated by counsel for Mrs. Magleby as reflected in the transcript of hearing before that court in December 2019. The court encourages the parties to pursue their settlement discussions with the family law court and is amenable to having the family law court adjudicate the merits of Mrs. Magleby's claims if this is supported by the parties and the availability of that court to try these matters expeditiously. In that regard, the court would consider a proposed stipulated order clarifying stay relief to allow the family law court to try the claims and issues agreed upon by the parties, including the claims being objected to in this contested matter. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for
1:30 PM
creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Docket 174
Updated tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion
1:30 PM
continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
1:30 PM
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 12/19/18, 1/30/19, 2/27/19
Docket 548
Updated tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 12/19/18 at 11:00 a.m. No appearances are required on 11/13/18.
Corrected tentaive ruling. Off calendar. The court on its own motion continues the hearing on the application to 11/14/18 at 1:30 p.m. to be heard with hearings on other matters in the case on that date. No appearances are required on 11/13/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 12/19/18, 1/30/19, 2/27/19
Docket 594
Updated tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/17/18. Appearances are required on 12/19/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 12/19/18, 1/30/19, 2/27/19
Docket 1
Updated tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. If debtor's motion to sell real property is granted, the court should probably set a final hearing on turnover to address issues relating to the sale unless the parties agreeing to conditions of turnover post-sale. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
1:30 PM
Prior tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Docket 656
- NONE LISTED -
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:00 PM
Docket 107
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 3/6/19, but counsel may appear by telephone.
Debtor(s):
Rich Honey, Inc. Represented By Todd L Turoci
10:30 AM
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Hanan Hassan Represented By Clay E Presley
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Susanne Barbara Mendoza Represented By Marc A Goldbach
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
(UNIFY Financial Federal Credit Union VS Debtor)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny stay relief pursuant to 11 U.S.C. 362(d)(2) because movant failed to meet its burden of proving lack of equity under 11
U.S.C. 362(g)(1) since the moving papers admit themselves that debtor has equity of $1,096.40 in the collateral. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Nereida Najera Represented By James C Shields
Movant(s):
UNIFY Financial Federal Credit Represented By
Brett P Ryan
Trustee(s):
Sam S Leslie (TR) Pro Se
10:30 AM
10:30 AM
(ACAR Leasing Ltd dba GM Financial Leasing VS Debtor)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Juan Luis Jimenez Represented By
Glenn Ward Calsada
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Mylon Deon Ridgway Represented By Todd L Turoci
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
Docket 14
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Mylon Deon Ridgway Represented By Todd L Turoci
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
fr. 2/26/19
Docket 19
Updated tentative ruling as of 3/11/19. Off calendar. The court on its own motion by prior order has continued the hearing to 4/9/19 at 11:00 a.m. and further ordered supplemental briefing. No appearances are required on 3/12/19.
Prior tentative ruling as of 2/25/19. Appearances are required on 2/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Pro Se
Unify Credit Union Represented By Brett P Ryan
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
11:00 AM
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
11:00 AM
Docket 31
Updated tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/12/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/15/19. No tentative ruling on the merits. Appearances are required on 2/19/19 to discuss scheduling of further proceedings if debtor has obtained competent and admissible evidence of valuation, but counsel may appear by telephone.
Prior tentative ruling. The court is inclined to grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition in that debtor's opposition was not timely filed at least 14 days before the hearing as required by Local Bankruptcy Rule 9013-1. The opposition was filed on 1/3/19, only 5 days before hearing.
Movant has made a prima facie showing of cause under 11 U.S.C. 362(d)(1) indicating the lack of adequate protection based on the $1,700,000 valuation admitted by debtor in his bankruptcy schedules, the amount of the lien being
$1,534,453.00 and estimated 8% cost of sale of $136,000.00, leaving net equity of $29,547.00, which is being eroded by a long and continuing failure to pay monthly mortgage payments of $7,939.71, debtor has not made monthly mortgage payments for at least 112 months, this bankruptcy case is a Chapter 7 liquidation case, the Chapter 7 trustee has not opposed the motion, apparently determining the lack of net realizable equity for creditors based on movant's valuation, and thus, there is no bankruptcy purpose to keeping the stay in place to administer the asset in this case.
Debtor's opposition is not supported by competent and admissible evidence
11:00 AM
of valuation. The opinions of valuation in the opposition are not under declaration of penalty of perjury in accordance with 28 U.S.C. 1746(2). The qualifications of the valuation witnesses are not stated in the opposition showing that a qualified expert witness is rendering the opinion. Moreover, there is no scientifically validated method of valuation demonstrated in the valuation opinion, such as based on the sales comparable method of valuation. To the extent that debtor is relying his own opinion as the owner of the subject property, the court accords such opinion little, if any, weight because the opinion is conclusory and not credible unless it is based on same critical analysis as an independent real estate appraiser using the sales comparable or other scientifically valid method of valuation. In re Meeks, 349
B.R. 19, 22 (Bankr. E.D. Cal. 2006).
The court is inclined to grant the motion for the reasons set forth in this tentative ruling, but would consider continuing the matter for an evidentiary hearing on valuation if debtor retains an independent real property appraiser who provides a written valuation report based on scientifically valid methods of valuation and is called to testify at the evidentiary hearing and is subject to cross-examination by movant.
Appearances are required on 1/8/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Joseph West Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
fr. 2/19/19
Docket 48
No tentative ruling as of 3/11/19. Appearances are required on 3/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Jose Antonio Santiago Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 23
Updated tentative ruling as of 3/11/19. Defendant filed a notice that the state appellate court issued its opinion on plaintiff's appeal in the state court action, but did not attach a copy of the opinion. Based on defendant's motion to dismiss plaintiff's first amended complaint (docket number 23) as supplemented in further pleadings (docket numbers 28, 88 and 90), it appears that the motion to dismiss should be converted to a motion for summary judgment since defendant's pleadings refer to matters outside the pleadings in order to argue that the first amended complaint should be dismissed with prejudice on grounds of res judicata. Federal Rule of Bankruptcy Procedure 7012, incorporating by reference, Federal Rule of Civil Procedure 12(d). As such, the court should order defendant as the moving party to file a statement of uncontroverted facts and conclusions of law under Local Bankruptcy Rule 7056-1(b)(2) and plaintiff as the responding party a statement of genuine issues and conclusions of law under Local Bankruptcy Rule 7056-1(c)(2), so that there are coherent reasons based on the record for the court's ultimate ruling on the motion. Moreover, it is unclear that the state court judgment as upheld by the state appellate court is final for res judicata purposes since it is unclear if the time for further appellate review by the California Supreme Court has expired. See Pellissier v. Title Guarantee & Trust Co., 208 Cal. 172, 184 (1929). Appearances are required on 3/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/9/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
1:30 PM
Prior tentative ruling as of 9/10/18. Off calendar. The hearing is continued on the court's own motion by prior order to 10/9/18 at 2:30 p.m. No appearances are required on 9/11/18.
Prior tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/12/17. No tentative ruling on the merits. Appearances are required on 6/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation and the court would stay the proceedings in this court until the state court litigation is completed, the court would deny the motion without prejudice. Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
1:30 PM
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
No tentative ruling as of 8/8/16. Appearances are required on 8/9/16, but counsel may appear by telephone.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir Gary E Moll
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir Gary E Moll
Gary E Moll and Associates Represented By Ilyse Klavir Gary E Moll
1:30 PM
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
§523(a)(6), willful and malicious injury; verification fr. 8/7/18, 9/11/18, 10/9/18
Docket 1
Updated tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/9/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/10/18. Off calendar. The status conference is continued on the court's own motion by prior order to 10/9/18 at 2:30 p.m. No appearances are required on 9/11/18.
Prior tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to
1:30 PM
substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation, and the court would stay the proceedings in this court until the state court litigation is completed.
Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 8/8/16. No tentative ruling on the merits. Appearances are required on 8/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/18/16. Off calendar. The court noting that defendant has noticed a hearing on his motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m., the court continues on its own motion the status conference on 7/19/16 at 1:30 p.m. to the date and time of the hearing on defendant's motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m. No appearances are required on 7/19/16.
Prior tentative ruling. The status conference will be heard at 3:00 p.m. with the hearing on defendant's motion to dismiss. Appearances are required on 3:00 p.m. calendar, not the 1:30 p.m. calendar. No tentative ruling on the merits for the status conference.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir
Gary E Moll and Associates Represented By Ilyse Klavir
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Howard M Ehrenberg (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01332 All In One Trading, Inc., a California corporation v. Chaparala
fr. 4/25/17, 1/16/18, 9/18/18
Docket 1
Updated tentative ruling as of 3/11/19. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference to 5/28/19 at 1:30 p.m. based on plaintiff's intention to notice a motion for summary judgment for hearing in April or May 2019. The court on its own motion continues the status conference to 5/28/19 at 1:30 p.m. No appearances are required on 3/12/19.
Prior tentative ruling as of 9/17/18. The court has reviewed the joint status report. Appearances are required on 9/18/18 to discuss the status of debtor's pending state court appeal and the scheduling of further proceedings in this adversary proceeding, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. The court has reviewed the joint status report that the parties are requesting a stay pending the outcome of debtor's state court appeal. Appearances are required on 1/16/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/27/17. Off calendar. The court has reviewed the joint status report requesting that the status conference be continued for 3 weeks for the parties to evaluate the state court judgment recently entered.
The court on its own motion continues the status conference to 3/21/17 at 1:30 p.m. Counsel for plaintiff to notify counsel for defendant of the continuance. No appearances are required on 2/28/17.
Prior tentative ruling as of 12/5/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/6/16, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 9/26/16. Appearances are required on 9/27/16, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Pro Se
Plaintiff(s):
All In One Trading, Inc., a California Represented By
Richard L Barnett
Trustee(s):
Howard M Ehrenberg (TR) Represented By Richard L Barnett
1:30 PM
Adv#: 2:18-01231 Mercedes-Benz Financial Services USA LLC, as servi v. Smith
fr. 9/6/18
Docket 1
Off calendar. Continued by stipulation and order to 6/25/19 at 1:30 p.m. No appearances are required on 3/12/19.
Debtor(s):
Angela Maria Porcell Smith Represented By Beatriz Chen
Defendant(s):
Angela Maria Porcell Smith Pro Se
Joint Debtor(s):
Michael S. Smith Represented By Beatriz Chen
Plaintiff(s):
Mercedes-Benz Financial Services Represented By
Rebecca A Caley
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
Adv#: 2:18-01327 Walden et al v. Fernandez
Docket 11
No tentative ruling as of 3/11/19. Appearances are required on 3/12/19, but counsel may appear.
Debtor(s):
Martha Alicia Fernandez Represented By Gary S Saunders
Defendant(s):
Martha Alicia Fernandez Pro Se
Plaintiff(s):
Yvette Walden Pro Se
Guadalupe L Cruz Pro Se
Jose L Cruz Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Adv#: 2:18-01327 Walden et al v. Fernandez
fr. 1/8/19
Docket 1
Updated tentative ruling as of 3/11/19. The court has reviewed the joint status report. Set a discovery cutoff date of 7/1/19 and a post-discovery status conference on 7/30/19 at 1:30 p.m. with a joint status report due on 7/23/19. Appearances are required on 3/12/19 to discuss the failure of counsel to have the early meeting of counsel under LBR 7026-1 and whether the matter should be referred to mediation, but counsel may appear by telephone.
Prior tentative ruling. The court notes that the parties failed to file a joint status report as required by Local Bankruptcy Rule 7016-1 and the court's order setting initial status conference in adversary proceeding filed and entered on 10/23/18, and such failure may subject the parties to monetary sanctions of $100 each. The parties have not indicated to the court that they have met and conferred as required by Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1. Appearances are required on 1/8/19.
Debtor(s):
Martha Alicia Fernandez Represented By Gary S Saunders
Defendant(s):
Martha Alicia Fernandez Pro Se
Plaintiff(s):
Yvette Walden Pro Se
1:30 PM
Guadalupe L Cruz Pro Se
Jose L Cruz Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
(5) and to determine the nondischargeability of debt pursuant to §523(a)(6) fr. 5/15/18, 5/22/18
Docket 1
Updated tentative ruling as of 3/11/19. Off calendar. Continued to 4/30/19 at 2:00 p.m. by oral agreement and ruling at hearing on 2/26/19. No appearances are required on 3/12/19.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/22/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion for judgment on the pleadings. No appearances are required on 5/15/18.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
2:00 PM
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 35
Updated tentative ruling as of 3/11/19. Off calendar. Continued on the court's own motion to 3/27/19 at 2:00 p.m. by order filed and entered on 3/7/19. No appearances are required on 3/12/19.
Prior tentative ruling. Continued on the court's own motion to 3/12/19 at 2:30
p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Adv#: 2:18-01331 USC Credit Union v. Kazmi et al
Docket 16
Grant plaintiff’s motion for default judgment because the subject student loan debt is excepted from discharge in this bankruptcy case pursuant to 11
U.S.C. § 523(a)(8). According to the Supreme Court in Tennessee Student Assistance Corp. v. Hood, 540 U.S. 440 (2004), 11 U.S.C. §523(a)(8) is "self- executing", and "[u]nless the debtor affirmatively secures a hardship determination, the discharge order will not include a student loan debt." 540
U.S. at 450. In this case, the student loan creditor has filed an adversary complaint to determine a debt that is deemed excepted from discharge already because debtor has not affirmatively secured a determination of undue hardship if he had to repay the student loan, and debtor is in default for not timely responding to the complaint. While there is nothing in 11 U.S.C.
§523(a)(8) that precludes a creditor from filing an adversary complaint to determine dischargeability of a student loan debt, and the court is not aware of any case precedent that would so preclude standing of creditor to bring an action under 11 U.S.C. §523(a)(8), it seems that it really is not necessary to seek such a determination since the debt is deemed excepted from discharge unless and until debtor affirmatively obtains a determination of undue hardship. Moreover, because debtor’s circumstances in the future could change so that he could plausibly argue that he would suffer undue hardship if he had to repay the student loan debt, the granting of relief to plaintiff in this case would have to be without prejudice to debtor filing an action for dischargeability of debt based on undue hardship in the future. Deny plaintiff’s request for attorneys’ fees because such fees are inherently unreasonable in this situation where the student loan debt is already deemed excepted from discharge in the absence of debtor affirmatively securing a
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determination of undue hardship and it was unnecessary to bring this action since 11 U.S.C. § 523(a)(8) is self-executing in excepting the student loan debt owed by debtor to plaintiff. Appearances are required on 3/12/19, but counsel may appear by telephone.
Debtor(s):
Raza Kazmi Represented By
Richard T Baum Maureen Strube
Defendant(s):
Raza Kazmi Pro Se
Maha Rehman Pro Se
Joint Debtor(s):
Maha Rehman Represented By Richard T Baum Maureen Strube
Plaintiff(s):
USC Credit Union Represented By
Bruce P. Needleman
Trustee(s):
John J Menchaca (TR) Pro Se
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Docket 15
Revised tentative ruling as of 3/12/19. Off calendar. Motion resolved by stipulation and order, and hearing on motion vacated. No appearances are required on 3/12/19.
Prior tentative ruling. Grant motion of United States Trustee for disgorgement of fees for the reasons stated in the moving papers and for lack of timely written opposition, ordering disgorgement of $400 in fees. Appearances are optional on 3/12/19. but counsel may appear by telephone. United States Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Tamiko Shanette Carnes Represented By Byron M Johnson
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
Docket 59
Updated tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/7/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. Off calendar. The court has reviewed debtor's status report filed on 5/9/18 reporting that debtor is preparing a motion for final decree and requesting a 60 to 90 day continuance of the status conference for such motion to be noticed and heard. The court on its own motion continues the status conference to 8/8/18 at 11:00 a.m. No appearances are required on 5/16/18.
Updated tentative ruling as of 12/11/17. The court has reviewed debtor's post-confirmation status report. No tentative ruling on the merits.
Appearances are required on 12/13/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/17. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances
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are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. Appearances are required on 3/16/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/15. Appearances are required on 5/12/15, but counsel may appear by telephone.
Debtor(s):
Chestnut, LLC Represented By Raymond H Aver
Movant(s):
Chestnut, LLC Represented By Raymond H Aver
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Docket 1
Updated tentative ruling as of 3/11/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Updated tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/16/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling will be issued for the evidentiary hearing on plan confirmation. Appearances are required on 5/31/18.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
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No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
11:00 AM
Docket 132
Revised tentative ruling as of 3/12/19. Off calendar. Continued by stipulation and order to 3/27/19 at 11:00 a.m. No appearances are required on 3/13/19.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
Levene, Neale, Bender, Yoo & Brill LLP
11:00 AM
Docket 1
Updated tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo
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Docket 58
Updated tentative ruling as of 3/11/19. Off calendar. Continued to 4/17/19 at 11:00 a.m. by prior order. No appearances are required on 3/13/19.
Prior tentative ruling. The matter of debtor's motion to value secured claim or lien as to Lending 1st Mortgage, LLC is not yet resolved and needs to be resolved before the case may proceed to plan confirmation. It appears that even though the motion is resolved as to Specialized Loan Servicing by stipulation and order, the motion is not resolved as to the other lien creditor and that the motion should be renoticed for hearing.
Debtor will have to provide additional information for the disclosure statement relating to: (1) his business expenses for which a detailed statement is required for Schedule I/J, and which was not provided either with the schedule or in Exhibit F; (2) his payments on the first deed of trust, for which there is no detailed breakdown of principal, interest, taxes, and other expenses; (3) and debtor should also provide financial projections for the entire 60-month duration of the plan.
The court will also require that debtor provide a narrative statement about his employment history and future employment prospects and his income producing activities, such as the investment real property and its income prospects, such as rental increases or decreases.
Appearances are required on 1/16/19, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By
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Lionel E Giron
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$17,390.00, expenses: $214.97
Docket 76
Approve interim fee application of general bankruptcy counsel for debtor in possession for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 3/13/19, but counsel may appear by telephone. Counsel to submit a proposed order within 7 days of hearing.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
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Docket 1
Updated tentative ruling as of 3/11/19. Off calendar. Continued to 4/17/19 at 11:00 a.m. by prior order. No appearances are required on 3/13/19.
Prior tentative ruling as of 12/17/18. Off calendar. Continued on the court's own motion to 1/16/19 at 11:00 a.m. to be conducted with the hearing on debtor's disclosure statement. No appearances are required on 12/19/18.
Prior tentative ruling as of 11/6/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
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Docket 1
Updated tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. No tentative ruling on the merits. Appearances are required on 9/12/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
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Debtor(s):
8800 LLC Represented By
David B Golubchik
11:00 AM
Docket 1
No tentative ruling as of 3/11/19. Appearances are required on 3/13/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn
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Docket 1
Updated tentative ruling as of 3/11/19. No tentative ruling on the merits. The court will discuss the status of the Phase I ruling with counsel. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/14/19. Appearances are required to discuss scheduling of further proceedings, including mediation and Phase 2 trial, but counsel may appear by telephone. Judge Wallace has indicated his willingness to serve as a mediator for this matter.
Prior tentative ruling as of 2/4/19. The court has reviewed debtor’s status report requesting to be heard on the hardship caused by the delay of decision of Phase I of the trial. To bring this matter promptly to conclusion, the court is of the view that Phase II of the trial is probably needed and suggests that the parties to the dispute of debtor’s objection to the claim of the IRS, debtor and the government, consider when Phase II can be scheduled and how long it will take (perhaps in March, April or May 2019). The issues relating to Phase II concern factual disputes whether debtor materially participated in the various business enterprises to warrant the business loss deductions, and the court expects that the witnesses would primarily be debtor and those who worked with him in these business enterprises and that the documentary evidence to be offered would be records of the various business enterprises to show his material participation. It seems to the court that debtor was not required to keep contemporaneous daily time reports or logs to substantiate his business activities to demonstrate material participation and may demonstrate it by reasonable means, such as business records and witness testimony showing his business activities to show material participation, which
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may include his management activities.
If counsel for both debtor and the government appear for the status conference, a date for a status conference can be set, so a trial schedule can be set, or if only counsel for debtor appears, then counsel for debtor can give notice of a status conference to set a trial schedule. The documentary evidence is probably voluminous, which may require a further pretrial conference to consider how to handle for trial.
To expedite a final determination, the court will issue a written decision on Phase I and will treat it as a tentative decision subject to final ruling after Phase II is completed. This means the parties can make further arguments on the Phase I rulings before a final ruling is made on the matter after Phase
II. In this regard, it would be helpful for counsel for debtor to upload his Phase I proposed findings of fact and conclusions of law, which were filed, but not uploaded, so the court can review for possible adoption.
The court is of the view that since this is a tentative refund situation, the IRS properly assessed the tax without having to follow deficiency procedures, 26
U.S.C. §6213(b)(3). Blansett v. United States, 283 F.2d 474 (8th Cir. 1960), cited in 1 Casey, Federal Tax Practice, §6:21 (November 2018 update), also citing, Rushlight Automatic Sprinkler Co. v. United States, 294 F.2d 572 (9th Cir. 1961)(United States entitled to maintain action for recovery of erroneous refund without previous deficiency notice). Thus, the assessment is not late based on failure to comply with deficiency procedures. Under the traditional rule governing burden of proof of assessed taxes, the taxpayer bears the burden of proving the assessments are arbitrary or erroneous. E.g., United States v. Molitor, 337 F.2d 917 (9th Cir. 1964). (However, due to enactment of 26 U.S.C. §7491 in 1998, the burden of proof may be different where the taxpayer produces credible evidence with respect to any factual issues relevant to ascertaining the liability of the taxpayer for any tax imposed under subtitle A or B of the Internal Revenue Code, including income taxes, but neither party addressed this statute in the proposed findings of fact and
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conclusions of law.)
If allowable, the tax claim would be entitled to priority status under 11 U.S.C.
§507(a)(8)(A)(iii) as not assessed before, but assessable, under applicable law after the commencement of the case.
The court is also of the view that debtor has not met his burden of proving by a preponderance of the evidence that he timely made the election under 26
U.S.C. §469 and that the government does not have the burden of proving that he did not make a timely election based on lack of retention of the tax return which he alleged to have made the election.
However, the court is of the view that debtor could and did properly request the late entity aggregation election under Rev. Proc. 2011-34, which the IRS could and did exercise its discretion for tax years not in litigation (neither 2010 nor 1994 specifically was a tax year is in litigation referred by the IRS to the Justice Department) to grant the request and to notify that debtor as the taxpayer that the procedural requirements of Section 4.02 of the revenue procedure were met and that the taxpayer is to be treated as having made a timely election to treat all interests in rental real estate as a single rental real estate activity for which the late election back to 1994 was requested in the attachment to the amended 2010 return making the request. However, as specified in the section 5 of revenue procedure, such acceptance is not a determination of whether he is eligible to treatment based on the election, which presents factual issues for the tax years in litigation, and the government through the Justice Department can dispute debtor’s eligibility for Rev. Proc. 2011-34 for the years in litigation referred to it, and whether debtor satisfied the requirements of 26 U.S.C. §469(c)(7)(B) or whether he materially participates in any activity. Rev. Proc. 2011-34, §5. The proposed findings of fact on both sides are not specific enough to completely address whether debtor has satisfied these requirements. See, e.g., Estate of Ramirez, T.C. Memo. 2018-196 (2018)(an example regarding specific facts measured against eligibility criteria of Section 4.01 of Rev. Proc. 2011-34 for
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aggregation treatment).
The court has jurisdiction to determine the tax under 11 U.S.C. §505 as set forth on the proof of claim, and in determining the amount, the court may determine whether or not debtor is eligible for treatment based on the late aggregation election under Rev. Proc. 2011-34, and the so-called "new" issues to determine the correct tax liability based on the amount of the correct tax refund amount. See Lewis v. Reynolds, 284 U.S. 281, 283 (1932).
Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are
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required on 8/22/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 4/25/18 at 11:30 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 3/28/18 at 11:30 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/8/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on 1/10/18.
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status
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conference to 10/25/17 at 11:30 a.m. No appearances are required on 9/13/17.
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to
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discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post- confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
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fr. 2/19/19
Docket 2423
Updated tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling. Since the parties do not dispute that movant is not in technical compliance with LBR 2004-1 regarding a prefiling conference, the court will order movant to comply with this prefiling conference requirement before ruling on the motion on the merits.
In reviewing the motion, the court has concerns regarding the volume of documents requested by movant which do not appear to be entirely relevant and reasonable and appears to be burdensome and oppressive. In some respect, movant has proposed modifications in the document production requests in his reply, which should be discussed by the parties in their prefiling conference under LBR 2004-1(a).
It seems to the court that movant has standing to request "reasonable and relevant" information about estate administration, but not all the information requests seem to be reasonable and relevant and may be proprietary information not available to parties who intend to compete with debtor's business, such as movant. That movant has a right to ply his trade does not mean that he is entitled to proprietary information of the estate to compete with debtor.
The court will set a further hearing on the motion for a date that the parties have had their prefiling conference and have had an opportunity to identify and discuss in further briefing their remaining differences.
Appearances are required on 2/19/19, but counsel may appear by telephone.
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Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Movant(s):
Douglas Chrismas Represented By David B Shemano Alan W Forsley Jonathan Shenson
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Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 1/15/19
Docket 478
Revised tentative ruling as of 3/11/19. It appears that defendants Ace Museum and Ace Gallery New York Corporation have not revived their corporate statuses and remain in default, and the motion for terminating sanctions should be granted for the reasons stated in the moving papers. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling. By written order, the court grants request of entity defendants to continue hearing to obtain corporate revivors and continues the hearing to 3/13/19 at 1:30 p.m. Defendants must file and serve substantive oppositions by 2/27/19, and plaintiff must file and serve any reply by 3/6/19.
No appearances are required on 1/15/19.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Douglas Chrismas Represented By Alan W Forsley
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Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Ronald Rus Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Michael D. Smith Pro Se
Kamran Gharibian Pro Se
Daryoush Dayan Pro Se
Cathay Bank, a California Pro Se
Jennifer Kellen Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn
1:30 PM
Carolyn A Dye David J Richardson Jason Balitzer
1:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Docket 511
Revised tentative ruling as of 3/11/19. Grant plaintiff's motion to dismiss as to claims on behalf of Ace Museum for the reasons stated in the moving papers because Ace Museum as a suspended California corporation could not have assigned its claims to defendant Chrismas, Casiopea Bovet, LLC v. Chiang, 12 Cal.App.5th 656 (2017), and plaintiff has levied upon the assets of Ace Museum pursuant to a valid writ of attachment, and dismiss second counterclaim with prejudice since amendment would be futile, given the suspended status of Ace Museum. Grant plaintiff's motion to dismiss the other counterclaims of defendant Chrismas as to property not identified on Schedule "1" or otherwise in the complaint because defendant as a matter of due process must specifically identify the property alleged to have been converted by the reorganized debtor, and otherwise, deny the motion to dismiss because the counterclaims by defendant Chrismas on his own behalf state plausible claims. The court denies the motion as to plaintiff's claim of judicial immunity since the reorganized debtor allegedly has possession of the claimed assets as opposed to plaintiff acting in a representative capacity for the reorganized debtor. Plaintiff's judicial estoppel arguments regarding debtor's schedules and Chrismas's schedules in his personal bankruptcy case appear to raise disputed issues of material fact that should not be resolved on a motion to dismiss. Appearances are required on 3/13/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows
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Jerome S Cohen Carolyn A Dye
Defendant(s):
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Ronald Rus Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Michael D. Smith Represented By Brian L Davidoff
Kamran Gharibian Represented By Brian L Davidoff
Daryoush Dayan Represented By Brian L Davidoff
Cathay Bank, a California Pro Se
Jennifer Kellen Represented By
Michael D Sobkowiak
Ace Gallery New York Corporation, Represented By
Alan W Forsley
1:30 PM
Plaintiff(s):
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson Jason Balitzer
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
1:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 9/12/18, 11/7/18, 3/6/19
Docket 1
Revised tentative ruling as of 3/11/19. The court is inclined to set a further status conference to allow time for Cathay Bank to provide input on discovery and trial setting, but 60 days rather than 3 to 6 months, and because the case is not yet at issue. The court has considered the requests of various parties for severance of claims for trial, but while the court agrees with plaintiff, it may be early, but given the unwieldy nature of this litigation, some severance of claims probably makes sense. Plaintiff's concerns about efficiency of litigation might be handled by some consolidation of discovery and other pretrial proceedings. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. Appearances are required on 9/12/18, but counsel may appear by telephone. No tentative ruling on the state of discovery, except regarding 400 S. La Brea, LLC's submission of documents for in camera review:
Document | Tentative Ruling |
1:30 PM
400 S. La Brea, LLC's 2015 Balance Sheet 400 S. La Brea, LLC's 2016 Balance Sheet 400 S. La Brea, LLC's 2016 Income Statement 400 S. La Brea, LLC's 2016 Federal and State Tax Returns | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B)(i). |
2012 Appraisal of the Subject Property 2013 Appraisal of the Subject Property | Order disclosure, subject to redaction of "confidential commercial information." |
2017 Appraisal of the Subject Property Technical Review of the 2017 Appraisal of the Subject Property | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B) (i). The 2017 documents are irrelevant because they postdate the subject lease term. |
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
1:30 PM
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:18-01032 Sarafin v. Valdovinos et al
fr. 4/10/18, 4/17/18, 7/31/18
Docket 1
Updated tentative ruling as of 3/11/19. Off calendar. Continued by stipulation and order to 5/14/19 at 1:30 p.m. No appearances are required on 3/13/19.
Prior tentative ruling as of 7/30/18. Set discovery cutoff date of 2/28/19 and a post-discovery status conference on 3/13/19 at 1:30 p.m. A joint status report is due on 3/6/19. Order this matter to mediation, and parties to select a mediator and an alternate by 9/30/18 and complete mediation by 3/13/19.
Plaintiff to submit a proposed scheduling order within 7 days of hearing. Appearances are required on 7/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report and continues the status conference on its own motion to 4/17/18 at 2:30 p.m., the date of the hearing on the motion to dismiss (the court will also advance the hearing on the motion to dismiss to 2:30 p.m.). No appearances are required on 4/10/18. Counsel for plaintiff is to give notice to counsel for defendants.
Debtor(s):
Alfonso Spindola Valdovinos Represented By
1:30 PM
William Radcliffe
Defendant(s):
Alfonso Spindola Valdovinos Pro Se
Isabel Valdovinos Pro Se
DOES 1 through 100, inclusive Pro Se
Joint Debtor(s):
Isabel Valdovinos Represented By William Radcliffe
Plaintiff(s):
Dory Sarafin Represented By
Robert P Goe
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:15-01680 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(3) Disallowance of scheduled claim of Jennifer Kellen pursuant to 11 U.S.C.
§502(b)(1); (4) Disallowance of scheduled claim of Jennifer Kellen pursuant to 11 U.S.C. §502(d); (5) Equitable subordination of scheduled claims of Douglas Chrismas and Jennifer Kellen pursuant to 11 U.S.C §510(c); (6) For recharacterization of scheduled unsecured claims; (7) For avoidance of preferential transfers pursuant to 11 U.S.C. §§547 and 550; (8) For
avoidance of preferential transfers pursuant to 11 U.S.C. §§547 and 550;
(9) For avoidance of fraudulent transfers pursuant to 11 U.S.C. §§548(a)(1)(A) and 550; (10) For avoidance of fraudulent transfers pursuant to 11 U.S.C.
§§548(a)(1)(B) and 550; (11) For avoidance of fraudulent conveyances pursuant to 11 U.S.C. §§544 and 550, and Cal. Civ. Code §3439.04(a)(1); and (12) For avoidance of fraudulent conveyances pursuant to 11 U.S.C. §§544 and 550, and Cal. Civ. Code §3439.04(a)(2)
fr. 7/25/18, 6/26/18, 2/26/19
Docket 1
Updated tentative ruling as of 3/11/19. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Updated tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/26/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
1:30 PM
Updated tentative ruling as of 1/9/17. No tentative ruling on the merits. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Updated tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
1:30 PM
Defendant(s):
Douglas James Chrismas Pro Se
Jennifer Kellen Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
fr. 10/3/18, 11/7/18, 3/6/19
Docket 2375
Updated tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. The court will treat the hearing as a status conference to set a schedule of further proceedings. The parties should confer regarding their pretrial needs and an appropriate schedule.
Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
2:00 PM
fr. 1/30/19, 2/27/19, 3/6/19
Docket 390
Updated tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. In the papers filed by debtor and creditor Cindy Magleby in response to the court's order to show cause re: dismissal or conversion, although these parties did not agree on whether the case should be dismissed, they both indicated a willingness to have the family law court adjudicate the merits of Mrs. Magleby's claims as well as other family law issues with possible availability for trial in June 2019. There is also a possibility of further settlement efforts in the family law court as indicated by counsel for Mrs. Magleby as reflected in the transcript of hearing before that court in December 2019. The court encourages the parties to pursue their settlement discussions with the family law court and is amenable to having the family law court adjudicate the merits of Mrs. Magleby's claims if this is supported by the parties and the availability of that court to try these matters expeditiously. In that regard, the court would consider a proposed stipulated order clarifying stay relief to allow the family law court to try the claims and issues agreed upon by the parties, including the claims being objected to in this contested matter. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on
2:00 PM
plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
9:30 AM
Docket 90
NONE LISTED -
NONE LISTED -
Debtor(s):
KELLY NORRIED Represented By Lauren Rode
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 15
NONE LISTED -
NONE LISTED -
Debtor(s):
Marites Lugtu David Represented By Lauren M Foley
Trustee(s):
Wesley H Avery (TR) Pro Se
9:30 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Carlos Daniel Lopez Represented By Omar Zambrano
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 13
NONE LISTED -
NONE LISTED -
Debtor(s):
Carlos Daniel Lopez Represented By Omar Zambrano
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Jaleea N Jenkins Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
9:30 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Eslin Temu Castillo Represented By Marlin Branstetter
Joint Debtor(s):
Maria Carmen Temu Represented By Marlin Branstetter
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Frederick Garcia Represented By Elena Steers
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Cecilia Sarah Ochoa Represented By Seema N Sood
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Brian Thomas Forest Represented By Barry E Borowitz
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 52
NONE LISTED -
NONE LISTED -
Debtor(s):
Jose Antonio Santiago Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
John Carroll Represented By
Allan D Sarver
Joint Debtor(s):
Donna Carroll Represented By Allan D Sarver
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Sandra Herrarte Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Maria Teresa Rojo Represented By
Michael H Colmenares
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Richard Distefano Represented By
J Sheldon Capeloto
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Sheryl Brunner Senter Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Kathryn Maverick James Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
9:30 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Maria Del Rocio Coria Represented By Omar Zambrano
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Jose De Jesus Rodriguez Represented By Sanaz S Bereliani
Joint Debtor(s):
Maria Velasquez Represented By Sanaz S Bereliani
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Chet Eric Lee Represented By
Sanaz S Bereliani
Joint Debtor(s):
Ronnetra Shaning Lee Represented By Sanaz S Bereliani
Trustee(s):
Brad D Krasnoff (TR) Pro Se
9:30 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Joy Elizabeth Munerlyn Represented By Philomena N Nzegge
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Joy Elizabeth Munerlyn Represented By Philomena N Nzegge
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
9:30 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Marina Christine Robles Represented By Christopher J Langley
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 15
NONE LISTED -
NONE LISTED -
Debtor(s):
Oscar Abraham Aguilar Represented By Nicholas W Gebelt
Joint Debtor(s):
Imelda Morales Aguilar Represented By Nicholas W Gebelt
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 16
NONE LISTED -
NONE LISTED -
Debtor(s):
Oscar Abraham Aguilar Represented By Nicholas W Gebelt
Joint Debtor(s):
Imelda Morales Aguilar Represented By Nicholas W Gebelt
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 16
NONE LISTED -
NONE LISTED -
Debtor(s):
Gabriel J Garcia Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
9:30 AM
Docket 12
NONE LISTED -
NONE LISTED -
Debtor(s):
Amparo Quintana Aguilar Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
9:30 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Jose Elias Briseno Represented By
Hale Andrew Antico
Joint Debtor(s):
Susana Briseno Represented By
Hale Andrew Antico
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Diane Kathleen Healy Represented By Barry E Borowitz
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 8
NONE LISTED -
NONE LISTED -
Debtor(s):
Sonia Ruiz Flores Represented By Omar Zambrano
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Sonia Ruiz Flores Represented By Omar Zambrano
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Antonia Lezama-Tapia Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Marilou R Seegmiller Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Joseph Siminski Represented By John D Monte
Trustee(s):
Carolyn A Dye (TR) Pro Se
9:30 AM
Docket 11
NONE LISTED -
NONE LISTED -
Debtor(s):
Ruben Cuevas Represented By Marlin Branstetter
Joint Debtor(s):
Maria De Lourdes Cuevas Represented By Marlin Branstetter
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 20
NONE LISTED -
NONE LISTED -
Debtor(s):
Richard Baltazar Represented By Ricardo Nicol
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 10
NONE LISTED -
NONE LISTED -
Debtor(s):
Lauren Reno Represented By
Jeffrey J Hagen
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 13
NONE LISTED -
NONE LISTED -
Debtor(s):
Gina Marie Jaramillo Represented By Marc A Goldbach
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 9
NONE LISTED -
NONE LISTED -
Debtor(s):
Ramon Asuncion Hechanova Represented By Philomena N Nzegge
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 8
NONE LISTED -
NONE LISTED -
Debtor(s):
Dennis James Escoto Represented By Michael E Clark
Trustee(s):
Sam S Leslie (TR) Pro Se
1:00 PM
Docket 180
Updated tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19 for the evidentiary hearing.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Prior tentative ruling as of 12/17/18. No tentative ruling will be issued for the evidentiary hearing on creditor's motion to convert case to Chapter 7.
Appearances are required on 12/19/18.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/19/18 at 1:30 p.m. No appearances are required on 12/5/18.
Prior tentative ruling. Overrule evidentiary objections of debtor to Polis declaration. The court is inclined to order debtor to file a written outline of
1:00 PM
how this case will reorganize with an estimated timetable by 11/21/18 and set a further and separate hearing on the motion on 11/28/18 at 10:00 a.m. to discuss the status of debtor's reorganization efforts. Debtor's opposition really did not show much in the way of the presence of a reasonable likelihood of reorganization to persuade the court to deny the motion at the hearing on 11/14/18, which is somewhat disconcerting, given the age of this case, now approaching its one year anniversary on 11/30/18. The court thinks debtor must make some showing of a reasonable likelihood of a confirmable plan within a reasonable period of time, or otherwise it might be convinced to grant the motion. Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
1:00 PM
fr. 2/20/19, 1/19/19, 3/6/19
Docket 215
Updated tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling. Disapprove proposed disclosure statement for lack of sufficient information because it lacks sufficient detailed information on how the plan is feasible, including historical financial information. Just attaching copies of monthly operating reports to the disclosure statement is insufficient. The disclosure statement needs to describe the means on how the plan is going to be funded to demonstrate feasibility to creditors. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
10:30 AM
fr. 12/11/18, 2/27/19
Docket 265
Updated tentative ruling as of 3/25/19. Motion resolved by further stipulation and order for adequate protection. Appearances are optional on 3/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. Off calendar. Motion resolved by stipulated order filed and entered on 12/7/18. No appearances are required on 2/27/19.
Prior tentative ruling. Continued by stipulation and order to 2/27/19 at 11:00
a.m. No appearances are required on 12/11/18.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
Movant(s):
Christiana Trust, a division of Represented By Jeannette Marsala John P Ward
HSBC Bank USA, National Represented By Kelly M Raftery
10:30 AM
Docket 56
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2), including retroactive annulment of stay, to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jens Larsen Represented By
Matthew D. Resnik
Trustee(s):
Edward M Wolkowitz (TR) Represented By Carmela Pagay Diane C Weil
10:30 AM
(Wilmington Savings Fund Society, FSB VS Debtor)
Docket 398
Off calendar. Continued by stipulation and order to 4/2/19 at 10:30 a.m. No appearances are required on 3/26/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
(Mercedes-Benz Financial Services USA LLC VS Debtor) fr. 2/26/19
Docket 43
Updated tentative ruling as of 3/25/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. Movant has not submitted admissible evidence of lien to demonstrate standing to request stay relief. Exhibit A to motion lacks foundation of personal knowledge and authenticity under FRE 602 and 901 to demonstrate its lien since there is no declaration under penalty of perjury with someone with personal knowledge to authenticate the record of lien. Exhibit A is not a certificate of title or "pink slip", a record of a governmental agency that satisfies the authenticity requirements of FRE 902, such as FRE 902(2) or 902(13). Appearances are required on 2/26/19, but counsel may appear by telephone.
10:30 AM
Debtor(s):
Diana Christina Peraza Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
10:30 AM
Docket 131
Revised tentative ruling as of 3/25/19 at 3:30 p.m. Off calendar. Continued by stipulation and order to 4/2/19 at 10:30 a.m. No appearances are required on 3/26/19.
Prior tentative ruling as of 3/25/19 at 1:00 p.m. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
10:30 AM
(Acar Leasing Ltd dba GM Financial Leasing VS Debtor)
Docket 13
Deny motion for stay relief as moot because case has been dismissed. Appearances are optional on 3/25/19, but counsel may appear by telephone.
Debtor(s):
David Beverly Construction Inc. Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
(AmeriCredit Financial Services, Inc. dba GM Financial VS Debtor)
Docket 17
Deny motion for stay relief as moot because case has been dismissed. Appearances are optional on 3/25/19, but counsel may appear by telephone.
Debtor(s):
David Beverly Construction Inc. Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Gilbert Anthony Erentreich Represented By Navid Kohan
Joint Debtor(s):
Vanessa Lorraine Sierra-Erentreich Represented By
Navid Kohan
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 7
No tentative ruling. The moving papers fail to show that the automatic stay from debtor's bankruptcy case affects movant because there is no evidence showing any connection between debtor and the subject property. The moving papers tell the court that debtor claims a right of possession, but do not show it. Appearances are required on 3/26/19, but counsel may appear by telephone.
Debtor(s):
Jungsik Lee Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Joe Adan Estrada Represented By Harriet L. Goldfarb
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 9
Treat as a contested matter under FRBP 9014 and set a schedule of pretrial proceedings, including discovery, and a date for an evidentiary hearing on valuation since the parties dispute valuation. Appearances are required on 3/26/19, but counsel may appear by telephone.
Debtor(s):
BARAKA HOLDINGS, LLC Represented By
Edmond Richard McGuire
Trustee(s):
John J Menchaca (TR) Represented By Robert P Goe
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Mario Alfredo Ramirez Represented By Daniel King
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
Docket 7
Deny motion for stay relief under 11 U.S.C. 362(d)(1) and (2) and requests for extraordinary relief as moot because case has been dismissed. Appearances are optional on 3/25/19, but counsel may appear by telephone.
Debtor(s):
Marvin Allen Boyd SR Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:19-01008 Magleby v. Levine et al
Docket 1
Off calendar. Continued by stipulation and order to 5/14/19 at 1:30 p.m. No appearances are required on 3/26/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
Defendant(s):
Marci R. Levine Pro Se
April M. Zonnis Pro Se
Summers, Levine & Kretzmer, LLP Pro Se Cindy S. Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Adv#: 2:18-01105 Krasnoff, Chapter 7 Trustee v. Javaheri et al
fr. 6/19/18, 7/17/18, 8/21/18
Docket 1
Updated tentative ruling as of 3/25/19. Off calendar. Adversary proceeding dismissed by stipulation and order. No appearances are necessary.
Prior tentative ruling. Set a discovery cutoff date of 2/28/19 and a post- discovery status conference on 3/26/19 at 1:30 p.m. with a joint status report due on 3/19/19. Order the matter to mediation, and the parties to file a selection of mediator and alternate mediator by 9/30/18 and complete mediation by 3/26/19. Appearances are required on 8/21/18, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of the status conference.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
Defendant(s):
Jilla Javaheri Pro Se
Jilla Javaheri, Trustee of the Jilla H. Pro Se
Plaintiff(s):
Brad D. Krasnoff, Chapter 7 Trustee Represented By
Sonia Singh
1:30 PM
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
1:30 PM
fr. 12/5/18, 12/12/18
Docket 328
Updated tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 20
Updated tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/11/19. No tentative ruling on the merits. Appearances are required on 2/12/19, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 2/12/19 at 2:30
p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Represented By
William Charles Tanenbaum
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 15
Updated tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/11/19. No tentative ruling on the merits. Appearances are required on 2/12/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. Off calendar. Continued on the court's own motion to 2/12/19 at 2:30 p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Prior tentative ruling. Grant plaintiff's motion for default judgment for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 10/16/18
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 1
Updated tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/11/19. No tentative ruling on the merits. Appearances are required on 2/12/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. Off calendar. Continued on the court's own motion to 2/12/19 at 2:30 p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Prior tentative ruling as of 10/22/18. Off calendar. The court on its own motion continues the status conference to 11/27/18 at 2:30 p.m. to be conducted with the continued hearing on plaintiff's motion for default judgment and defendant's motion to set aside default. No appearances are required on 10/23/18.
Prior tentative ruling. Given the severity of the circumstances of turnover in the circumstances of this case, if plaintiff seeks judgment against defendants (meaning eviction of defendants from their residence which they had conveyed to plaintiff for it to perform certain services to save their home from foreclosure in exchange for rent payments and shared equity arrangements, which defendants allegedly defaulted), the court will order that plaintiff serve any dispositive motion on defendants by personal delivery. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By
1:30 PM
Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01134 Shon et al v. Kim et al
U.S.C. §§523(a)(2)(A) & (a)(6) and 11 U.S.C. §§727(a)(3)-(4), and declaratory relief fr. 7/10/18, 7/31/18, 9/18/18
Docket 1
Updated tentative ruling as of 3/25/19. The court has reviewed the stipulation of the parties regarding continuance of scheduled dates and hearings filed on 2/27/19 and based on that stipulation, set a new discovery cutoff date of 5/29/19 and a post-discovery status conference on 6/25/19 at 1:30 p.m. (status conferences are held on Tuesdays at 1:30 p.m.) with a joint status report due on 6/18/19. Order the matter to mediation, and the parties to file a selection of mediator and alternate mediator by 4/15/19 and complete mediation by 6/25/19. No appearances are required on 9/18/18. Plaintiffs to submit a proposed scheduling order within 7 days.
Prior tentative ruling as of 9/17/18. Set a discovery cutoff date of 2/28/19 and a post-discovery status conference on 3/26/19 at 1:30 p.m. with a joint status report due on 3/19/19. Order the matter to mediation, and the parties to file a selection of mediator and alternate mediator by 10/31/18 and complete mediation by 3/26/19. Appearances are required on 9/18/18, but counsel may appear by telephone. Plaintiffs to submit a proposed scheduling order within 7 days of the status conference.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 7/31/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status reports filed by the parties. The court continues the status conference to 7/31/18 at 2:30 p.m. to be conducted with the hearing on defendants' amended motion to dismiss. No appearances are required on 7/10/18.
Although the parties failed to file a timely joint status report as required by
1:30 PM
Local Bankruptcy Rule 7016-1 and the court's status conference order, the court will not require at this time for the parties to file an updated and amended joint status report in light of the pendency of defendants' motion to dismiss.
However, the court notes that plaintiff has a jury trial demand on the face of the complaint, which the court will strike because there is no right to a jury trial on debt dischargeability and discharge denial claims in the adversary proceeding. The court also notes that the parties' consent to this court's jurisdiction to enter a final judgment on these core claims is not needed.
Debtor(s):
Jong J Kim Represented By
M Teri Lim
Defendant(s):
Jong Joo Kim Pro Se
Sun Y Kim Pro Se
Joint Debtor(s):
Sun Y Kim Represented By
M Teri Lim
Plaintiff(s):
Kevin Shon Represented By
Jason Shon
Sunny Shon Represented By
Jason Shon
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
fr. 12/4/18, 1/29/19, 2/26/19
Docket 36
Updated tentative ruling as of 3/25/19. Off calendar. Continued by stipulation and order to 10/1/19 at 1:30 p.m. No appearances are required on 3/26/19.
Prior tentative ruling as of 2/26/19. Off calendar. Continued by stipulation and order to 3/26/19 at 1:30 p.m. No appearances are required on 2/26/19.
Prior tentative ruling as of 1/29/19. Off calendar. Continued by stipulation and order to 2/26/19 at 1:30 p.m. No appearances are required on 1/29/19.
Prior tentative ruling as of 12/3/18. Off calendar. Continued by stipulation and order to 1/29/19 at 1:30 p.m. No appearances are required on 12/4/18.
Prior tentative ruling as of 10/22/18. Off calendar. Continued by stipulation and order to 12/4/18 at 1:30 p.m. No appearances are required on 10/23/18.
Prior tentative ruling as of 10/1/18. Appearances are required on 10/2/18, but counsel may appear by telephone.
Debtor(s):
Seven-Bros Enterprises, Inc. Represented By Robert S Marticello Gregory M Salvato
Trustee(s):
Rosendo Gonzalez Pro Se
1:30 PM
Adv#: 2:19-01011 Miller v. Agopian
Docket 1
Off calendar. Continued by stipulation and order to 5/28/19 at 1:30 p.m. No appearances are required on 3/26/19.
Debtor(s):
Mary Kodjoglian Represented By Sean Keshishyan
Defendant(s):
Simon Agopian Pro Se
Plaintiff(s):
Elissa D. Miller Represented By Anthony A Friedman
Trustee(s):
Elissa Miller (TR) Represented By
Edward M Wolkowitz Anthony A Friedman
1:30 PM
Adv#: 2:19-01012 Miller v. Agopian et al
(3) sale of interest of co-owner in property of the estate
Docket 1
Off calendar. Continued by stipulation and order to 5/28/19 at 1:30 p.m. No appearances are required on 3/26/19.
Debtor(s):
Mary Kodjoglian Represented By Sean Keshishyan
Defendant(s):
Simon Agopian Pro Se
Armen Agopian Pro Se
Plaintiff(s):
Elissa D. Miller Represented By Anthony A Friedman
Trustee(s):
Elissa Miller (TR) Represented By
Edward M Wolkowitz Anthony A Friedman
1:30 PM
#24.00 Cont'd further order to show cause re: dismissal for failure to comply with Rule 1006(b) fr. 10/23/18, 1/8/19, 2/5/19
Docket 31
Updated tentative ruling as of 3/25/19. Off calendar. Hearing vacated by order entered on 2/11/19. No appearances are necessary.
Prior tentative ruling as of 2/4/19. Appearances are required on 2/5/19. Prior tentative ruling as of 1/7/19. Appearances are required on 1/8/19. No tentative ruling as of 10/22/18. Appearances are required on 10/23/18.
Debtor(s):
Cynthia Diane Seten Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:18-01331 USC Credit Union v. Kazmi et al
fr. 1/8/19
Docket 1
Updated tentative ruling as of 3/25/19. Off calendar. Plaintiff's motion for default judgment has been granted, and default judgment was entered on 3/20/19. No appearances are necessary.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report noting that default has been entered against defendants. The court on its own motion continues the status conference to 3/26/19 at 1:30 p.m. to allow time for plaintiff to file a motion for default judgment. No appearances are required on 1/8/19.
Debtor(s):
Raza Kazmi Represented By
Richard T Baum
Defendant(s):
Raza Kazmi Pro Se
Maha Rehman Pro Se
Joint Debtor(s):
Maha Rehman Represented By Richard T Baum
Plaintiff(s):
USC Credit Union Represented By
Bruce P. Needleman
1:30 PM
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Adv#: 2:19-01009 Vechery v. Shapiro
Docket 1
Off calendar. Continued by stipulation and order to 5/14/19 at 2:30 p.m. No appearances are required on 3/26/19.
Debtor(s):
Michael Richard Shapiro Represented By Charles Shamash Joseph E. Caceres
Defendant(s):
Michael Richard Shapiro Pro Se
Plaintiff(s):
Harvey Vechery Represented By Tom Lallas Mark D Hurwitz
Trustee(s):
Timothy Yoo (TR) Pro Se
1:30 PM
Adv#: 2:18-01375 Vance v. Zacky & Sons Poultry, LLC
fr. 1/15/19, 1/29/19
Docket 1
Off calendar. Continued by stipulation and order to 4/16/19 at 1:30 p.m. No appearances are required on 3/26/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
Defendant(s):
Zacky & Sons Poultry, LLC Pro Se
Plaintiff(s):
Karen Vance Represented By
Gail L Chung Jack A Raisner Rene S Roupinian Robert N Fisher
1:30 PM
Docket 19
Off calendar. Order vacating hearing entered on 3/22/19. No appearances are required on 3/26/19.
Debtor(s):
Eric Ojiyi Represented By
Brad Weil
Trustee(s):
Carolyn A Dye (TR) Pro Se
1:30 PM
Docket 1
Updated tentative ruling as of 3/25/19. Off calendar. Case transferred to Judge Robles by order entered on 2/28/19. No appearances are required on 3/26/19.
Prior tentative ruling as of 2/25/19. Appearances are required on 2/26/19.
Debtor(s):
Edwin Wellington Terry Pro Se
2:30 PM
Application for fees and expenses [David Goodrich, Chapter 7 Trustee]
Docket 34
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 3/26/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Roberto Aguilar Gomez Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Docket 326
Off calendar. Claim withdrawn by stipulation and order. No appearances are necessary.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut Christopher K.S. Wong
2:30 PM
Docket 328
Off calendar. Claim withdrawn by stipulation and order. No appearances are necessary.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut Christopher K.S. Wong
2:30 PM
Adv#: 2:18-01032 Sarafin v. Valdovinos et al
Docket 33
Grant plaintiff's motion to dismiss adversary complaint for the reasons stated in the moving papers and for lack of timely written objection. Appearances are optional on 3/26/19, but counsel may appear by telephone. Plaintiff to submit a proposed order within 7 days of hearing.
Debtor(s):
Alfonso Spindola Valdovinos Represented By William Radcliffe
Defendant(s):
Alfonso Spindola Valdovinos Represented By Baruch C Cohen
Isabel Valdovinos Represented By Baruch C Cohen
DOES 1 through 100, inclusive Pro Se
Joint Debtor(s):
Isabel Valdovinos Represented By William Radcliffe
Plaintiff(s):
Dory Sarafin Represented By
2:30 PM
Trustee(s):
Robert P Goe
Jason M Rund (TR) Pro Se
2:30 PM
Adv#: 2:18-01379 Avery v. Prototype Engineering & Manufacturing, Inc. et al
fr. 3/5/19
Docket 15
No tentative ruling as of 3/25/19. Appearances are required on 3/26/19, but counsel may appear by telephone.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Prototype Engineering & Pro Se
Bahram Bordbar Represented By Brian L Davidoff
C John M Melissinos
Malahat Bordbar Represented By Brian L Davidoff
C John M Melissinos
Movant(s):
Bahram Bordbar Represented By Brian L Davidoff
C John M Melissinos
Malahat Bordbar Represented By Brian L Davidoff
C John M Melissinos
2:30 PM
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Adv#: 2:18-01379 Avery v. Prototype Engineering & Manufacturing, Inc. et al
fr. 3/5/19
Docket 17
Deny defendants' motion to strike portions of the complaint for the reasons stated in plaintiff's opposition. Appearances are required on 3/26/19, but counsel may appear by telephone.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Prototype Engineering & Pro Se
Bahram Bordbar Represented By Brian L Davidoff
C John M Melissinos
Malahat Bordbar Represented By Brian L Davidoff
C John M Melissinos
Movant(s):
Bahram Bordbar Represented By Brian L Davidoff
C John M Melissinos
Malahat Bordbar Represented By Brian L Davidoff
2:30 PM
C John M Melissinos
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Adv#: 2:18-01379 Avery v. Prototype Engineering & Manufacturing, Inc. et al
fr. 1/29/19, 3/5/19
Docket 1
The court has reviewed the joint status report. A further status conference will have to be set since the pleadings of the case are not yet at issue.
Appearances are required on 3/26/19, but counsel may appear by telephone.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Prototype Engineering & Pro Se
Bahram Bordbar Pro Se
Malahat Bordbar Pro Se
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Application for fees and expenses [Timothy J. Yoo, Chapter 7 Trustee]
Docket 50
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 3/26/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Rebecca Gutierrez-Lewis Represented By Michael F Chekian
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Jeffrey L Sumpter
2:30 PM
[Levene, Neale, Bender, Yoo & Brill, LLP, Attorney for Chapter 7 Trustee]
Docket 46
Approve final fee application of attorney for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 3/26/19, but trustee and counsel may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Rebecca Gutierrez-Lewis Represented By Michael F Chekian
Movant(s):
Timothy Yoo (TR) Represented By Carmela Pagay Jeffrey L Sumpter
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay Jeffrey L Sumpter
2:30 PM
Adv#: 2:19-01009 Vechery v. Shapiro
Docket 7
Off calendar. Motion taken off calendar by stipulation and order. No appearances are necessary.
Debtor(s):
Michael Richard Shapiro Represented By Charles Shamash Joseph E. Caceres
Defendant(s):
Michael Richard Shapiro Represented By Terran T Steinhart
Plaintiff(s):
Harvey Vechery Represented By Tom Lallas Mark D Hurwitz
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Docket 23
Off calendar. Motion denied by written order entered on 3/5/19. No appearances are necessary.
Debtor(s):
Eric Ojiyi Represented By
Brad Weil
Trustee(s):
Carolyn A Dye (TR) Represented By Alan I Nahmias
11:00 AM
Docket 1
Updated tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/12/18. No tentative ruling on the merits. Appearances are required on 2/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Debtor(s):
Forbco Sizzler Partners, L.P. Represented By Robert E Opera Sean A OKeefe
11:00 AM
Docket 94
Updated tentative ruling as of 3/25/19. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
fr. 3/6/19
Docket 149
No updated tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling. In her declaration in support of the motion, debtor states that she completed her payments to general unsecured creditors and is current on her payments to secured creditors. However, the court cannot confirm the accuracy of these assertions and requires that debtor submit a supplemental declaration with a chart showing all plan payments made, indicating what and when they were due and when they were made, so the court can confirm that the case is ready for discharge based on assurance of completion of payments. Appearances are required on 3/6/19, but counsel may appear by telephone.
Debtor(s):
Kristine Lynn Heicke Represented By Daniel King Kevin Tang
11:00 AM
Docket 51
Updated tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No tentative ruling as of 5/26/17. Appearances are required on 5/31/17.
Prior tentative ruling. Because the only votes on the plan were received after the deadline set by the court's balloting deadline of 3/22/17 in the court's order filed and entered on 2/15/17, none of the votes may be counted under the order and FRBP 3017(c) and 3018(a). Because none of the votes cast were timely in order to be counted under the court's deadline order, debtor has not shown that there is at least one impaired class of claims accepting the plan as required for confirmation under 11 U.S.C. 1129(a)(10), so the plan may not be confirmed. Thus, the court is inclined to deny confirmation, but the court would consider a request by debtor to seek relief by motion under
11:00 AM
FRBP 9006(b)(1) to enlarge the time to cast votes as to the late cast votes based on a sufficient showing of "excusable neglect". See In re Paul, 101
B.R. 228 (Bankr. S.D. Cal. 1989). Appearances are required on 5/3/17.
Debtor(s):
Kristine Lynn Heicke Represented By Daniel King Kevin Tang
11:00 AM
fr. 11/7/18, 12/19/18, 2/27/19
Docket 68
Updated tentative ruling as of 3/25/19. Grant debtor's motion to approve first amended disclosure statement as containing adequate information for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 3/27/19 to discuss scheduling plan confirmation proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. Off calendar. In the case status report filed on 2/22/19, debtor advised that he reached a settlement with the first deed of trust holder and will be filing an amended disclosure statement and plan by 2/25/19 to be set for hearing on 3/27/19 at 11:00 a.m. The court on its own motion continues the hearing on the disclosure statement to 3/27/19 at 11:00 a.m. No appearances are required on 2/27/19. Debtor to give notice of continuance.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of disclosure statement because: (1)
11:00 AM
plan is patently unconfirmable because it modifies loan secured by lien on debtor's principal residence in violation of 11 U.S.C. 1125(b) (plan modifies contractual interest rate on first and second secured home loans) and it does not propose a cure of outstanding arrearages on home mortgages in accordance with 11 U.S.C. 1124(2)(10 year payment of arrearages is discriminatory compared with 5 year payment of general unsecured claims);
(2) disclosure statement lacks adequate information regarding plan feasibility since no financial history or financial projections are provided. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By
David I Brownstein
11:00 AM
Docket 1
Updated tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. Off calendar. In the case status report filed on 2/22/19, debtor advised that he reached a settlement with the first deed of trust holder and will be filing an amended disclosure statement and plan by 2/25/19 to be set for hearing on 3/27/19 at 11:00 a.m. The court on its own motion continues the status conference to 3/27/19 at 11:00 a.m. No appearances are required on 2/27/19. Debtor to give notice of continuance.
Prior tentative ruling as of 12/18/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. The court has reviewed debtor's status report requesting a continuance of about 30 day to complete settlement discussions with the secured lender. No tentative ruling on the merits.
Appearances are required on 11/7/18 so that other parties, including United States Trustee, may be heard on status, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/17. The court has reviewed debtor's status report filed on 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Updated tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By Joshua L Sternberg
11:00 AM
Docket 1
Updated tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Revised tentative ruling as of 10/23/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 10/24/18.
Prior tentative ruling as of 6/25/18. Off calendar. Continued by stipulation and order to 8/8/18 at 11:00 a.m. No appearances are required on 6/27/18.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
Docket 62
Updated tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling. The disclosure statement does not contain adequate information. Regarding treatment of secured claims, the text in the plan refers to Article II, but no Article II is attached. Exhibit C to the plan refers to certain notes for each claim, but these notes do not adequately spell out the treatment of the primary secured claim to Wells Fargo Bank, the senior secured lender for the loan on debtor's residence. The disclosure statement should have a more detailed description of how this claim will be treated under the plan. The plan itself is not much better. It is hard to tell what is being proposed for treatment of the claim. The disclosure statement and plan will have to be revised for sake of clarity. If this is a cramdown situation, it does not appear that a 40 year payout is fair and equitable for this creditor, and debtor should probably consider taking out this creditor when the loan matures under the existing terms. Appearances are required on 3/21/18, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
11:00 AM
fr. 3/13/19
Docket 132
Updated tentative ruling as of 3/25/19. Off calendar. Motion resolved by stipulation and order. No appearances are required on 3/27/19.
Revised tentative ruling as of 3/12/19. Off calendar. Continued by stipulation and order to 3/27/19 at 11:00 a.m. No appearances are required on 3/13/19.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
Levene, Neale, Bender, Yoo & Brill LLP
11:00 AM
Docket 1
Updated tentative ruling as of 3/25/19. Off calendar. Continued by stipulation and order to 6/12/19 at 11:00 a.m. No appearances are required on 3/27/19.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. Appearances are required on 3/7/18, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo
11:00 AM
Docket 77
Deny approval of debtor's disclosure statement as not containing adequate information for the reasons stated in the objections of creditors because the disclosure statement does not provide sufficient information regarding feasibility or address the issue of modification of the secured creditor's claims and rights. The disclosure statement does not show how the payment of the arrearages on the effective date is feasible based on debtor's available cash on hand stated in the disclosure statement. Debtor must provide a detailed statement of income and expenses for each property as directed by the income and expense statements attached to the disclosure statement, which she has not done, and she should provide historical data and projections for these properties. If the secured creditors' claims and rights are modified, then the claims are impaired, and the secured creditors have a right to vote. The denial of approval of the disclosure statement is with leave to amend.
Appearances are required on 3/27/19, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
Updated tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. Off calendar. The court has debtor's status report advising that she has filed a motion to approve disclosure statement noticed for hearing on 3/27/19 at 11:00 a.m. The court on its own motion continues the status conference to 3/27/19 at 11:00 a.m. to be conducted with that hearing. No appearances are required on 3/6/19.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. The court has reviewed debtor's status report filed on 8/15/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. The court has reviewed debtor's status report filed on 5/9/18. No tentative ruling on the merits. Appearances are required on 5/16/18, but counsel may appear by telephone.
11:00 AM
Updated tentative ruling as of 3/5/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
Updated tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 7/13/18 and proposed date for filing a disclosure statement of 6/4/18 seem reasonable. Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 152
Grant motion of United States Trustee to dismiss, convert or appoint trustee for the reasons stated in the moving papers and for lack of timely written opposition because since debtor is not longer actively operating its business, there is no likelihood of a successful reorganization and there will be only continuation of diminution of the bankruptcy estate. The case should be dismissed as in the best interests of creditors and the bankruptcy estate because there is no value for creditors to realize in a Chapter 7 liquidation case or a case administered by a Chapter 11 trustee since the debtor was an operating business with leased premises and encumbered equipment and inventory, but can no longer operate because it lost its lease and its operating equipment and inventory has been recovered by its secured creditors.
Appearances are required on 3/27/19, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
11:00 AM
Docket 1
Updated tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. No tentative ruling on the merits. Appearances are required on 10/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. No tentative ruling on the merits. Appearances are required on 9/12/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/22/18, but counsel may appear by telephone.
11:00 AM
Debtor(s):
8800 LLC Represented By
David B Golubchik
11:00 AM
Docket 101
No tentative ruling as of 3/25/19. The court notes that the lone opposition by creditor I Q Textile Industries, Inc., through its chief executive officer, Zia Abhari, is improper because a corporation must appear through counsel and may not appear in this court pro se as provided in Local Bankruptcy Rule 9011-2. Appearances are required on 3/27/19, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Rich Honey, Inc. Represented By Todd L Turoci
11:00 AM
Docket 99
Deny debtor's motion to extend plan exclusivity for the reasons stated in the opposition filed by creditor Pacoima Development Federal Credit Union.
Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Rich Honey, Inc. Represented By Todd L Turoci
11:00 AM
Docket 1
Updated tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 12/5/18, but counsel may appear by telephone.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
2:00 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 56
No tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 35
Updated tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Continued on the court's own motion to 3/12/19 at 2:30
p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 402
Updated tentative ruling as of 4/1/19. Contrary to debtor's assertions, it appears that movant has standing as the original lender as the beneficiary of the note and trust deed and the sworn representation of the declarant that movant holds the original note. However, the moving papers contain an inconsistent statement that movant is only the servicer. Movant should explain this apparent inconsistency.
Movant has shown one element of a claim under 11 U.S.C. 362(d)(4) that the original borrower made an unconsented to transfer of the real property.
However, movant's evidence of multiple bankruptcy filings is insufficient since the moving papers do not show how the multiple filings of debtor's managing members affect the subject real property since there was only one unconsented to transfer to debtor, and not to the managing member or other parties.
Movant has not made a prima facie showing that the filing of the debtor's petition is part of a scheme to hinder, delay or defraud since there is no loan balance information in the moving papers. Normally, a secured creditor shows that there is a scheme to hinder, delay or defraud its collection efforts by showing loan arrearages which are not shown here, which would support a finding of hindering, delay or defraud. Movant has not otherwise shown that the case was filed in bad faith with admissible evidence.
Deny without prejudice, or allow movant to amend by submitting evidence that the loan is not being paid and that the automatic stay from the debtor's case based on the unconsented to transfer hinders, delays or defrauds it in its efforts to collect the loan.
Appearances are required on 4/2/19, but counsel may appear by telephone.
10:30 AM
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
Docket 398
Updated tentative ruling as of 4/1/19. Movant has shown one element of a claim under 11 U.S.C. 362(d)(4) that the original borrower made an unconsented to transfer of the real property. Movant has not made a prima facie showing of the second element of a claim under 11 U.S.C. 362(d)(4) that the filing of the debtor's petition is part of a scheme to hinder, delay or defraud since there is no loan balance information in the moving papers.
Normally, a secured creditor shows that there is a scheme to hinder, delay or defraud its collection efforts by showing loan arrearages which are not shown here, which would support a finding of hindering, delay or defraud. Movant has not otherwise shown that the case was filed in bad faith with admissible evidence, and the "smell" test is not a substitute for admissible evidence in this court. The moving papers contain numerous typographical or spelling errors, and counsel for movant is admonished to proofread work before submission to the court.
Movant failed to serve the origtinal borrower with the moving papers, which the court requires where the claim is for relief under 11 U.S.C. 362(d)(4) as a matter of procedural due process. In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Deny without prejudice, or allow movant to amend by submitting evidence that the loan is not being paid and that the automatic stay from the debtor's case based on the unconsented to transfer hinders, delays or defrauds it in its efforts to collect the loan.
Deny requests for extraordinary relief in paragraphs 8, 10 and 11 for lack of legal and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
10:30 AM
Appearances are required on 4/2/19, but counsel may appear by telephone.
Prior tentative ruling. Continued by stipulation and order to 4/2/19 at 10:30
a.m. No appearances are required on 3/26/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
Docket 49
Updated tentative ruling as of 4/1/19 at 3:00 p.m. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1), (2) and (4) to pursue non-bankruptcy remedies, including in rem relief, for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraphs 8, 10 and 11 for lack of legal and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. No tentative ruling because movant failed to tab the separate exhibits to the moving papers on the judge's copy of these papers as required by LBR 5005-2(d). Appearances are required on 4/2/19, but counsel may appear by telephone.
Debtor(s):
Diana Christina Peraza Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By
10:30 AM
Carmela Pagay
10:30 AM
fr. 1/8/19, 2/5/19
Docket 96
Updated tentative ruling as of 4/1/19. No updated tentative ruling on the merits. Appearances are required on 4/2/19, but counsel may appear by telephone,
Prior tentative ruling as of 2/4/19. No updated tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone,
Prior tentative ruling. Service of the motion is deficient since there is no proof of service on the 20 largest unsecured creditors as required by FRBP 4001(a)
(1) and 1007(d). The motion appears to be a contested matter under FRBP 9014 with respect to the purpose of stay relief to allow the civil contempt proceeding to go forward in state court whether for the purpose of collecting on the judgment and vindicating private rights or for the purpose of effectuating public policy to deter "unprofessional conduct." In re Dingley, 852 F.3d 1143, 1146-1147 (9th Cir. 2017); see also, Kukui Gardens Corp. v. Holco Capital Group, Inc., 675 F.Supp.2d 1016, 1025-1029 (D. Haw. 2009). Most likely, the court will have to set an evidentiary hearing after proper notice is given to creditors. Appearances are required on 1/8/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
10:30 AM
Docket 131
Updated tentative ruling as of 4/1/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Appearances are required on 4/2/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19 at 3:30 p.m. Off calendar. Continued by stipulation and order to 4/2/19 at 10:30 a.m. No appearances are required on 3/26/19.
Prior tentative ruling as of 3/25/19 at 1:00 p.m. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
10:30 AM
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
10:30 AM
Docket 11
Off calendar. Continued by stipulation and order to 4/30/19 at 10:30 a.m. No appearances are required on 4/2/19.
Debtor(s):
Jesus Sequeira Represented By Daniel King
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 20
Deny motion for stay relief under 11 U.S.C. 362(d)(1) and (2) and requests for extraordinary relief as moot because case has been dismissed. Appearances are optional on 4/2/19, but counsel may appear by telephone.
Debtor(s):
David Beverly Construction Inc. Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 39
Sustain movant's objection to declaration of Roslyn Soudry. Overrule debtors' motion to strike declaration of Ami Meyers, and over debtors' objections to the declaration because declarant is simply submitting copies of pleadings in related state court action. Grant motion for relief from stay under 11 U.S.C. 362(d)(1) to allow litigation in nonbankruptcy forum to proceed to judgment, but no enforcement of any judgment without further leave of court, based on permissive abstention factors set forth in In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990) as stated in movant's reply to debtors' opposition. The court makes no finding as to whether the case was filed in bad faith. Deny request for extraordinary relief that stay relief order is binding and effective in any bankruptcy case commenced by Debtor for 180 days as not warranted. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). Deny request for waiver of 14 day stay of enforcement under FRBP 4001(a)(3) in event that debtors may take an appeal of stay relief order. Appearances are required on 4/2/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth
10:30 AM
(Santander Consumer USA Inc. dba Chrysler Capital VS Debtor)
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Nenad Nick Drobnjakovic Represented By Navid Kohan
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Karetta Anderson Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
fr. 3/26/19
Docket 7
Updated tentative ruling as of 4/1/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. The moving papers fail to show that the automatic stay from debtor's bankruptcy case affects movant because there is no evidence showing any connection between debtor and the subject property. The moving papers tell the court that debtor claims a right of possession, but do not show it. Appearances are required on 3/26/19, but counsel may appear by telephone.
Debtor(s):
Jungsik Lee Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
1:30 PM
Adv#: 2:17-01144 Alde Financial Group, LLC v. Martinez
fr. 9/4/18, 11/13/18, 2/5/19
Docket 1
Off calendar. Judgment entered pursuant to stipulation and order entered on 2/14/19. No appearances are necessary.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Alde Financial Group, LLC Represented By Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01146 Karen Baird v. Martinez
fr. 7/10/18, 9/4/18, 11/13/18, 2/5/19
Docket 1
Off calendar. Judgment entered pursuant to stipulation and order entered on 2/14/19. No appearances are necessary.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Karen Baird Represented By
Timothy J Silverman
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01149 Van v. Martinez
#11.00 Cont'd pretrial conference re: Complaint for denial of discharge of debt fr. 7/10/18, 9/4/18, 11/13/18, 2/5/19
Docket 1
Updated tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/2/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
1:30 PM
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the status reports filed by the parties. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Sandy Van Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:17-01192 Diamond, Chapter 7 Trustee, Plaintiff v. Scales
fr. 5/22/18, 7/31/18, 10/2/18
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order entered on 11/21/18. No appearances are necessary.
Debtor(s):
Randolph Carl Scales Represented By Daniel King
Defendant(s):
Michelle Renee Scales Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Sonia Singh
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Zev Shechtman
1:30 PM
Adv#: 2:19-01032 Tilem v. Kudrave
Docket 1
No tentative ruling as of 4/1/19. The parties attended mediation and placed a settlement agreement on the record on 3/21/19, and documentation of the settlement is pending. Appearances are optional on 4/2/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Peter G. Kudrave Pro Se
Defendant(s):
Peter G. Kudrave Pro Se
Plaintiff(s):
David A Tilem Represented By David A Tilem
1:30 PM
Adv#: 2:19-01029 8800 LLC v. TMC Realty, L.L.C.
Docket 1
Off calendar. Continued by stipulation and order to 5/28/19 at 1:30 p.m. No appearances are required on 4/2/19.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
TMC Realty, L.L.C. Pro Se
Plaintiff(s):
8800 LLC Represented By
Jeffrey S Kwong
1:30 PM
Adv#: 2:18-01464 Neuger et al v. Salke
fr. 3/5/19
Docket 1
No tentative ruling as of 4/1/19. Plaintiff filed a notice of motion on 3/23/19 for his motion for default judgment filed on 3/19/19 which purportedly notices the motion for hearing on 4/2/19 at 2:30 p.m. The notice of motion is not proper under LBR 9013-1(d) which requires 21 days notice of hearing, and the 14-day notice period for notice and opportunity to request hearing pursuant to LBR 9013-1(o) has not passed yet. Moreover, plaintiff has failed to serve a judge's copy of the moving papers on the presiding judge as required by LBR 5005-2(d). The court will not consider the motion for default judgment because it is defectively noticed and a judge's copy of the moving papers is properly served. The court will likely continue the status conference to a date after the motion for default judgment is properly noticed or plaintiff requests granting of the motion based on the lack of timely opposition to the motion and request for hearing. Appearances are required on 4/2/19, but counsel may appear by telephone.
Debtor(s):
Alan Eugene Salke Represented By Simon Aron
Defendant(s):
Alan Eugene Salke Pro Se
Plaintiff(s):
Win Neuger Represented By
J Scott Bovitz
1:30 PM
Marshall Manley Represented By J Scott Bovitz
Peter A. Feinstein, M.D. Represented By J Scott Bovitz
Marshall Manley, Administrator of Represented By
J Scott Bovitz
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Adv#: 2:19-01027 Paul-Goff v. Rangel
Docket 1
No tentative ruling as of 4/1/19. Appearances are required on 4/2/19.
Debtor(s):
Catalina Rangel Represented By
Rabin J Pournazarian
Defendant(s):
Catalina Rangel Pro Se
Plaintiff(s):
Sameria E. Paul-Goff Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
2:00 PM
Docket 668
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 4/2/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:30 PM
Application for fees and expenses [Jason M. Rund, Chapter 7 Trustee]
Docket 50
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 4/2/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Fred Earl Boecking Represented By Roland H Kedikian
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
[Hahn Fife & Company LLP, Accountnat for Chapter 7 Trustee]
Docket 50
Off calendar. By order entered on 10/12/18, the court authorized employment and payment of fees of accountant for trustee. The court will consider approval of these fees on a final basis as part of its consideration of the trustee's final report set for hearing on 4/2/19. No appearances are required on 4/2/19.
Debtor(s):
Fred Earl Boecking Represented By Roland H Kedikian
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
fr. 2/26/19
Docket 51
Updated tentative ruling as of 4/1/19. No tentative ruling in light of defendant's opposition filed on 3/19/19 and plaintiff's unilateral status report filed on 3/31/19. Appearances are required on 4/2/19, but counsel may appear by telephone.
Prior tentative ruling. Grant trustee's motion for turnover and issuance of writ of possession for the reasons stated in the moving papers and for the lack of timely written opposition. Appearances are required on 2/26/19, but counsel may appear by telephone.
Debtor(s):
Anna J Bowes Represented By Roxanne Bonar
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
2:30 PM
Adv#: 2:18-01283 Camel Financial, Inc. v. Bowes et al
Docket 21
No tentative ruling as of 4/1/19. The court notes that defendants have filed a motion to set aside default on 3/19/19, which is noticed for hearing on 4/30/19 at 2:30 p.m. Appearances are required on 4/2/19, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Nicholas Bowes Pro Se
Defendant(s):
Nicholas Bowes Pro Se
Luddivina Bowes Pro Se
Joint Debtor(s):
Luddivina Bowes Pro Se
Plaintiff(s):
Camel Financial, Inc. Represented By Darren B. Landie Jerome S Demaree
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Docket 34
Off calendar. Motion withdrawn by notice filed on 3/29/19. No appearances are required on 4/3/19.
Debtor(s):
David Lee Represented By
Renee E Sanders
11:00 AM
Docket 26
Off calendar. The application will be denied as moot because a substitution of counsel was filed on 3/27/19 substituting new counsel for applicant as proposed general bankruptcy counsel for debtor in possession. No appearances are required on 4/3/19.
Debtor(s):
David Lee Represented By
Renee E Sanders
11:00 AM
Docket 1
Updated tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
Renee E Sanders
11:00 AM
fr. 3/6/19, 3/27/19
Docket 149
Updated tentative ruling as of 4/1/19. Grant debtor's motion for entry of discharge and final decree for the reasons stated in the moving papers as supplemented and for the lack of timely written opposition. Appearances are optional on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling. In her declaration in support of the motion, debtor states that she completed her payments to general unsecured creditors and is current on her payments to secured creditors. However, the court cannot confirm the accuracy of these assertions and requires that debtor submit a supplemental declaration with a chart showing all plan payments made, indicating what and when they were due and when they were made, so the court can confirm that the case is ready for discharge based on assurance of completion of payments. Appearances are required on 3/6/19, but counsel may appear by telephone.
Debtor(s):
Kristine Lynn Heicke Represented By Daniel King Kevin Tang
11:00 AM
Docket 51
Updated tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No tentative ruling as of 5/26/17. Appearances are required on 5/31/17.
Prior tentative ruling. Because the only votes on the plan were received after the deadline set by the court's balloting deadline of 3/22/17 in the court's order filed and entered on 2/15/17, none of the votes may be counted under the order and FRBP 3017(c) and 3018(a). Because none of the votes cast were timely in order to be counted under the court's deadline order, debtor has not shown that there is at least one impaired class of claims accepting
11:00 AM
the plan as required for confirmation under 11 U.S.C. 1129(a)(10), so the plan may not be confirmed. Thus, the court is inclined to deny confirmation, but the court would consider a request by debtor to seek relief by motion under FRBP 9006(b)(1) to enlarge the time to cast votes as to the late cast votes based on a sufficient showing of "excusable neglect". See In re Paul, 101
B.R. 228 (Bankr. S.D. Cal. 1989). Appearances are required on 5/3/17.
Debtor(s):
Kristine Lynn Heicke Represented By Daniel King Kevin Tang
11:30 AM
fr. 3/6/19
Docket 235
Updated tentative ruling as of 4/1/19. The matter will be heard onb the 2:30
p.m. calendar rather than the 11:30 a.m. calendar based on the request of counsel for debtor at a hearing on 3/27/19 due to a scheduling conflict. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 3/6/19, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
1:30 PM
fr. 1/30/19, 3/6/19
Docket 141
Updated tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 3/6/19 at 11:00
a.m. by prior order. No appearances are required on 1/30/19.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
2:00 PM
fr. 2/19/19, 3/13/19
Docket 2423
Updated tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling. Since the parties do not dispute that movant is not in technical compliance with LBR 2004-1 regarding a prefiling conference, the court will order movant to comply with this prefiling conference requirement before ruling on the motion on the merits.
In reviewing the motion, the court has concerns regarding the volume of documents requested by movant which do not appear to be entirely relevant and reasonable and appears to be burdensome and oppressive. In some respect, movant has proposed modifications in the document production requests in his reply, which should be discussed by the parties in their prefiling conference under LBR 2004-1(a).
It seems to the court that movant has standing to request "reasonable and relevant" information about estate administration, but not all the information requests seem to be reasonable and relevant and may be proprietary information not available to parties who intend to compete with debtor's business, such as movant. That movant has a right to ply his trade does not mean that he is entitled to proprietary information of the estate to compete with debtor.
The court will set a further hearing on the motion for a date that the parties have had their prefiling conference and have had an opportunity to identify
2:00 PM
and discuss in further briefing their remaining differences.
Appearances are required on 2/19/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Movant(s):
Douglas Chrismas Represented By David B Shemano Alan W Forsley Jonathan Shenson
2:30 PM
Docket 1
Updated tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 7/13/18 and proposed date for filing a disclosure statement of 6/4/18 seem reasonable. Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
2:30 PM
fr. 3/6/19
Docket 235
Updated tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 3/6/19, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
9:00 AM
Adv#: 2:18-01086 Kosma Tex v. Min
fr. 8/21/18, 9/11/18, 1/29/19
Docket 1
Updated tentative ruling as of 4/4/19. No tentative ruling will be issued for trial. Appearances are required on 4/5/19.
Revised tentative ruling as of 1/28/19. The court has reviewed the joint pretrial stipulation, and since it appears that there are no objections to plaintiff's exhibits listed on the joint pretrial stipulation, the court will receive plaintiff's exhibits 1 through 32 into evidence, and since only one witness has been identified in the joint pretrial stipulation, only one witness will be allowed to testify. Scheduling of the trial of the matter may be affected due to a possible further government shutdown in three weeks, which may impact the operations of the judiciary. Otherwise, no tentative ruling on the merits.
Appearances are required on 1/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. No tentative ruling on the merits. Appearances are required on 9/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. Off calendar. The court has reviewed the joint status report of the parties, which stated that the parties have not conducted their conference under Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1. The court continues the status conference on its own motion to 9/11/18 at 1:30 p.m. and order that the parties have their Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1 conference before the continued status conference on 9/11/18. The parties need not file an updated status report for the continued status conference. No appearances are required on 8/21/18.
Prior tentative ruling. Since default has been entered against defendant,
9:00 AM
defendant will have to file a motion to set aside default unless plaintiff is willing to stipulate to set aside the default and allow defendant's answer to be considered filed. The parties should be prepared to address the issue of whether the default should be set aside. The court is not inclined to set a litigation schedule until the issue of the setting aside the default is resolved. Appearances are required on 6/5/18, but counsel may appear by telephone.
Debtor(s):
Min Jeong Min Represented By Young K Chang
Defendant(s):
Min Jeong Min Pro Se
Plaintiff(s):
Kosma Tex Represented By
Vahe Khojayan
Trustee(s):
Carolyn A Dye (TR) Pro Se
1:00 PM
Docket 209
Updated tentative ruling as of 4/5/19. Off calendar. The hearing is continued to 4/30/19 at 2:30 p.m. by stipulation and order entered on 3/14/19. No appearances are required on 4/8/19.
Prior tentative ruling. he supporting declaration of Marvin Scheidt in the motion lacks a date of execution as required by 28 U.S.C. 1746(2) and needs to be corrected with an amended declaration filed and placed on the docket.
No tentative ruling on the appropriate minimum bid increments for the auction sale since it depends on proportionality, and the interests of the efficiency of the auction and the effectiveness of the auction in realizing value for the estate, and there is no information regarding proposed minimum bids for the properties in order for the court to meaningfully assess the proposed bid increments of $5,000 from the committee and $25,000 from the debtor.
The debtor agrees to the request of the committee that the proposed bid protections is subject to the condition that the stalking horse bidder is neither an insider nor an affiliate of the debtor, which condition is acceptable to the court.
The court notes that there was no objection to the proposed three percent breakup fee, which is acceptable to the court.
Regarding the committee's request for clarification regarding the applicability of any credit bid to any uncumbered properties and the allocation of the purchase price on a property by property basis in the event of a credit bid by a secured lender, and debtor's response that the issues raised by the request are premature because such issues may not be ultimately raised if there is only one bid for the sale assets or the submitted bids only relate to
1:00 PM
indisputably encumbered properties. While debtor makes a valid point, it seems that in order that the sale be conducted with a minimum of contested litigation over the encumbered status of particular assets, it would seem that there should be information known by debtor or available to debtor through public database sources like Westlaw.
The committee has asked for clarification that two of the fifteen estate properties are unencumbered, and debtor in reply states that it does not have the financial ability to provide confirmation. Debtor should explain why it does not have information regarding encumberances on its properties, such as trust deeds, mortgages and property tax liens. Debtor should also explain its lack of ability to pay for preliminary title reports for the assets to be sold, or more reasonable cost alternatives, such as property profiles or Westlaw public database property reports, though the court also realizes that time is of the essence due to possible foreclosure activity by Great Rock. The court inquires of debtor how much information is known about the identity and extent of the liens and lienholders as to each property and whether this information has been or is being made available to prospective bidders. The court recognizes that the bidding parties will be responsible for their due diligence, and the court does agree with the committee in principle that a lienholder cannot credit bid on property it does not have a lien on, but the court feels that it would help if measures can be taken now to anticipate and minimize these allocation disputes.
Regarding the proposed form of notice to be provided to prospective buyers and other parties in interest, the form was supposed to be attached as Exhibit 1 to the reply, but it was not attached, so no tentative ruling on this item.
Regarding scheduling a sale hearing on or before April 9, 2019, the court can tentatively schedule a hearing of one hour for Tuesday April 9, 2019 at 11:00
a.m. If additional time is needed, the court can schedule a hearing on Monday April 8, 2019.
Appearances are required on 3/5/19, but counsel may appear by telephone.
1:00 PM
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:30 AM
Docket 31
Updated tentative ruling as of 4/8/19. Off calendar. Continued by stipulation and order to 5/14/19 at 10:30 a.m. No appearances are required on 4/9/19.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/12/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/15/19. No tentative ruling on the merits. Appearances are required on 2/19/19 to discuss scheduling of further proceedings if debtor has obtained competent and admissible evidence of valuation, but counsel may appear by telephone.
Prior tentative ruling. The court is inclined to grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition in that debtor's opposition was not timely filed at least 14 days before the hearing as required by Local Bankruptcy Rule 9013-1. The opposition was filed on 1/3/19, only 5 days before hearing.
Movant has made a prima facie showing of cause under 11 U.S.C. 362(d)(1) indicating the lack of adequate protection based on the $1,700,000 valuation admitted by debtor in his bankruptcy schedules, the amount of the lien being
$1,534,453.00 and estimated 8% cost of sale of $136,000.00, leaving net equity of $29,547.00, which is being eroded by a long and continuing failure to pay monthly mortgage payments of $7,939.71, debtor has not made monthly mortgage payments for at least 112 months, this bankruptcy case is a Chapter 7 liquidation case, the Chapter 7 trustee has not opposed the motion, apparently determining the lack of net realizable equity for creditors
10:30 AM
based on movant's valuation, and thus, there is no bankruptcy purpose to keeping the stay in place to administer the asset in this case.
Debtor's opposition is not supported by competent and admissible evidence of valuation. The opinions of valuation in the opposition are not under declaration of penalty of perjury in accordance with 28 U.S.C. 1746(2). The qualifications of the valuation witnesses are not stated in the opposition showing that a qualified expert witness is rendering the opinion. Moreover, there is no scientifically validated method of valuation demonstrated in the valuation opinion, such as based on the sales comparable method of valuation. To the extent that debtor is relying his own opinion as the owner of the subject property, the court accords such opinion little, if any, weight because the opinion is conclusory and not credible unless it is based on same critical analysis as an independent real estate appraiser using the sales comparable or other scientifically valid method of valuation. In re Meeks, 349
B.R. 19, 22 (Bankr. E.D. Cal. 2006).
The court is inclined to grant the motion for the reasons set forth in this tentative ruling, but would consider continuing the matter for an evidentiary hearing on valuation if debtor retains an independent real property appraiser who provides a written valuation report based on scientifically valid methods of valuation and is called to testify at the evidentiary hearing and is subject to cross-examination by movant.
Appearances are required on 1/8/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Joseph West Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
(Dorothy Cake dba Civic Center Plaza VS Debtor)
Docket 37
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Eric Ojiyi Represented By
Brad Weil
Trustee(s):
Carolyn A Dye (TR) Represented By Alan I Nahmias
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Rosaly Florez Represented By Cynthia Grande
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
(Ford Motor Credit Company LLC VS Debtor)
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jennifer A Fields Represented By Leon Nazaretian
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
fr. 2/26/19, 3/12/19
Docket 19
Updated tentative ruling as of 4/8/19. No tentative ruling on the merits. Appearances are required on 4/9/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/11/19. Off calendar. The court on its own motion by prior order has continued the hearing to 4/9/19 at 11:00 a.m. and further ordered supplemental briefing. No appearances are required on 3/12/19.
Prior tentative ruling as of 2/25/19. Appearances are required on 2/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Pro Se
Unify Credit Union Represented By Brett P Ryan
Attorney Anerio Altman Pro Se
11:00 AM
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
11:00 AM
fr. 3/26/19
Docket 9
Updated tentative ruling as of 4/8/19. No tentative ruling on the merits. Appearances are required to discuss scheduling of further proceedings, including an evidentiary hearing, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial proceedings, including discovery, and a date for an evidentiary hearing on valuation since the parties dispute valuation.
Appearances are required on 3/26/19, but counsel may appear by telephone.
Debtor(s):
BARAKA HOLDINGS, LLC Represented By
Edmond Richard McGuire
Trustee(s):
John J Menchaca (TR) Represented By Robert P Goe
1:30 PM
Adv#: 2:14-01500 Rund Chapter 7 Trustee v. Chen et al
fr. 5/29/18, 11/27/18, 1/15/19
Docket 1
Revised tentative ruling as of 4/8/19. Off calendar. Continued by stipulation and order to 5/7/19 at 1:30 p.m. No appearances are required on 4/9/19.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding, specifically to discuss whether they can be coordinated with further proceedings in the related adversary proceedings involving debtor's attorneys and Microland.
Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 8/31/15 and set a post-discovery status conference for 9/29/15 at 1:30 p.m. The parties are ordered to conduct FRBP 7026 conference by 3/31/15. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 3/31/15 and to complete mediation by 9/29/15. Appearances are required on 2/3/15, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
1:30 PM
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Yian Chen Pro Se
Shavonne Tran Pro Se
Doron Stephen Pro Se
DSI Computers, Inc., a California Pro Se
Plaintiff(s):
Jason Rund Chapter 7 Trustee Represented By Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:18-01241 Grand View Financial, LLC v. Harold R. Fuhrmann
fr. 10/2/18, 1/8/19
Docket 1
Updated tentative ruling as of 4/8/19. No tentative ruling on the merits. Appearances are required on 4/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 1/8/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. Appearances are required on 10/2/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Harold R. Fuhrmann Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:19-01037 CASARES v. Velasco et al
Docket 1
Set a discovery cutoff date of 12/31/19 and a further postdiscovery status conference for 1/28/20 at 1:30 p.m. with a joint status report due on 8/6/19. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/31/19 and complete mediation by 1/28/20. Appearances are required on 4/9/19, but counsel may appear by telephone. Plaintiffs to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Mario Victor Velasco Represented By
Rabin J Pournazarian
Defendant(s):
Mario Victor Velasco Pro Se
Toni Ann Velasco Pro Se
Joint Debtor(s):
Toni Ann Velasco Represented By
Rabin J Pournazarian
Plaintiff(s):
GEORGE CASARES Represented By Victor Yoo
1:30 PM
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:00 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 5/29/18, 10/23/18, 1/8/19
Docket 1
Updated tentative ruling as of 4/8/19. Off calendar. Continued by stipulation and order to 6/11/19 at 2:00 p.m. No appearances are required on 4/9/19.
Prior tentative ruling as of 5/25/18. The court has reviewed the joint status report. Set a discovery cutoff date of 8/30/18, a pretrial conference for 10/23/18 at 2:00 p.m. and a deadline for filing a joint pretrial stipulation on 10/16/18. In the joint pretrial stipulation, the parties will need to address handling a bifurcated trial between claims to be tried before a jury in the district court and claims to be tried by the court in this court. Once the court approves the joint pretrial stipulation, the court will set a date for the court trial of the claims to be tried by this court and will make a referral of the jury triable claims to the district court. Appearances are required on 5/29/18 to discuss scheduling of further proceedings.
Prior tentative ruling as of 2/5/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 2/6/18 to discuss scheduling of further proceedings, including timing of amendment of pleadings, the proposed extended discovery cutoff date and the setting of a pretrial conference, but counsel may appear by telephone. Defendants have demanded a jury trial, but the court will defer referral of the jury triable claims to the district court for jury trial until the pretrial conference which this court will conduct (unless defendant successfully moves the district court to withdraw the reference). Plaintiff's potential postpetition transfer claims are
2:00 PM
core claims within this court's jurisdiction and do not appear to be jury triable.
Prior tentative ruling as of 11/6/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/7/17 to discuss scheduling of further proceedings, including mediation completion, extended discovery cutoff date and trial, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. The court has reviewed the joint status report. No tentative ruling on the merits, but grant joint request to extend the discovery cutoff date to 9/30/17. Appearances are required on 8/29/17 to discuss scheduling of a pretrial conference and the second mediation, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 5/23/17 to discuss scheduling of further proceedings, including extension of discovery cutoff date to 6/30/17 and setting a date for a pretrial conference, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/21/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/3/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes
2:00 PM
Michael Jay Berger
Defendant(s):
Premier Rehabilitation Services, a Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 2/26/19
Docket 47
Updated tentative ruling as of 4/8/18. Off calendar. Continued to 5/14/19 at 2:00 p.m. by order entered on 4/5/19. No appearances are required on 4/9/18.
No tentative ruling as of 2/25/19. Appearances are required on 2/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Adv#: 2:18-01209 Voong v. Trinh
fr. 3/5/19
Docket 33
No tentative ruling as of 4/8/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
Defendant(s):
Catherine Trinh Represented By Alan W Forsley
Plaintiff(s):
Kevin Voong Represented By
Dawn M Coulson
2:30 PM
Adv#: 2:18-01209 Voong v. Trinh
Docket 1
Updated tentative ruling as of 4/8/18. No tentative ruling on the merits. Appearances are required on 4/9/18, but counsel may appear by telephone.
Prior revised tentative ruling as of 11/6/18. Off calendar. Continued by stipulation and order to 3/5/19 at 1:30 p.m. No appearances are required on 11/6/18.
Prior tentative ruling as of 11/5/18. The court has reviewed the joint status report. The court tends to agree with plaintiff and defendant Trinh that a determination of whether the estate has an interest in the subject property first would be a more efficient use of litigation resources as that seems to be a straightforward issue. Deciding this issue is a threshold issue for Second Generation’s fraudulent transfer claims, and the parties would not have to litigate these claims if the assets were plaintiff’s separate property.
Appearances are required on 11/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. The court intends to advance the related matters on the court's 2:30 p.m. calendar to be heard with the status conference. However, the status conference will be conducted at the end of the 1:30 p.m. for matters in other cases to be called first. Appearances are required on 8/21/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By
2:30 PM
Alan W Forsley
Defendant(s):
Catherine Trinh Pro Se
Plaintiff(s):
Kevin Voong Represented By
Dawn M Coulson
2:30 PM
Application for fees and expenses [Elissa Miller, Chapter 7 Trustee]
Docket 46
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 4/9/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Hector M Vieyra Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
2:30 PM
Application for fees and expenses [Jason M. Rund, Chapter 7 Trustee]
Docket 39
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 4/9/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Francisco Guzman Lopez Represented By Richard A Loa
Joint Debtor(s):
Matilde Zuniga De Guzman Represented By Richard A Loa
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
Adv#: 2:18-01253 Shabpareh v. NELNET EDUCATION LOAN NETWORK dba NELNET,
Docket 40
Deny defendant Nelnet's motion to dismiss plaintiff's first amended complaint as moot because plaintiff voluntarily dismissed the adversary proceeding as to defendant Nelnet by notice pursuant to FRBP 7041 and FRCP 41(a)(1)(A)
(i) which permits a plaintiff to dismiss an action by notice of dismissal before the opposing party serves an answer or a motion for summary judgment with respect to plaintiff's first amended complaint, which Nelnet has not. Appearances are optional on 4/9/19, but counsel may appear by telephone.
Debtor(s):
Melody Shabpareh Represented By
Thomas E Brownfield
Defendant(s):
United States Department Of Represented By Elan S Levey
NELNET EDUCATION LOAN Represented By Jonathan C Sandler
Plaintiff(s):
Melody Shabpareh Represented By
Thomas E Brownfield
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Docket 58
Off calendar. The court has entered an order ruling on the motion on the papers and vacating the hearing. No appearances are required on 4/9/19.
Debtor(s):
Jose M BENITEZ Represented By Douglas A Crowder
Joint Debtor(s):
Cinthia BENITEZ Represented By Douglas A Crowder
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Docket 158
Deny creditor's motion for allowance and payment of administrative expense claim as moot because the underlying bankruptcy case was dismissed by order entered on 3/29/19. Appearances are optional on 4/9/19, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
2:30 PM
Docket 19
No tentative ruling as of 4/8/19. Appearances are required on 4/9/19, but counsel may appear by telephone.
Debtor(s):
Dean Henrik Okland Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
2:30 PM
Docket 6
Off calendar. The court has approved the application by order entered on 3/29/19. No appearances are necessary.
Debtor(s):
Janus James Quiambao Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Docket 6
Off calendar. The court has approved the application by order entered on 3/29/19. No appearances are necessary.
Debtor(s):
Elizabeth Ordonez Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
fr. 1/8/19, 2/5/19, 4/2/19
Docket 96
Updated tentative ruling as of 4/9/19. No updated tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/1/19. No updated tentative ruling on the merits. Appearances are required on 4/2/19, but counsel may appear by telephone,
Prior tentative ruling as of 2/4/19. No updated tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone,
Prior tentative ruling. Service of the motion is deficient since there is no proof of service on the 20 largest unsecured creditors as required by FRBP 4001(a)
and 1007(d). The motion appears to be a contested matter under FRBP 9014 with respect to the purpose of stay relief to allow the civil contempt proceeding to go forward in state court whether for the purpose of collecting on the judgment and vindicating private rights or for the purpose of effectuating public policy to deter "unprofessional conduct." In re Dingley, 852 F.3d 1143, 1146-1147 (9th Cir. 2017); see also, Kukui Gardens Corp. v. Holco Capital Group, Inc., 675 F.Supp.2d 1016, 1025-1029 (D. Haw. 2009). Most likely, the court will have to set an evidentiary hearing after proper notice is given to creditors. Appearances are required on 1/8/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
11:00 AM
fr. 12/19/18, 2/7/19
Docket 589
Updated tentative ruling as of 2/4/19. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 2/7/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set an evidentiary hearing to examine movant regarding whether he has a reasonable explanation for why he did not file his motion earlier. The court does not have time on its law and motion calendar on 12/19/18 to take movant's testimony and will set a hearing to take his testimony, which the court expects will take about an hour. Appearances are required on 12/19/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr.12/12/18, 2/6/19, 2/7/19
Docket 482
Updated tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. The court is still deliberating after trial and does not expect a decision by 12/31/18, most likely, January 2019. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for
11:00 AM
debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/1/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
11:00 AM
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 479
Updated tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Updated tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18,
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but counsel may appear by telephone.
pdated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
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Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649 (S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer, Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales," 29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured
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Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am. Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 157
Updated tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
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Prior tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are required on 12/13/17.
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Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
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Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
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No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are required on 11/7/18 because creditor Zehnaly appeared at the last status conference and may
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appear to be heard on his claim, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the
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hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed debtor's status report. In that the court is still deliberating on the final fee application of general bankruptcy counsel for debtor, the court continues the status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by
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telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on
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4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits.
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Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits. Appearances are required on 10/9/13.
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr. 2/27/19, 3/6/19, 3/13/19
Docket 390
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. In the papers filed by debtor and creditor Cindy Magleby in response to the court's order to show cause re: dismissal or conversion, although these parties did not agree on whether the case should be dismissed, they both indicated a willingness to have the family law court adjudicate the merits of Mrs. Magleby's claims as well as other family law issues with possible availability for trial in June 2019. There is also a possibility of further settlement efforts in the family law court as indicated by counsel for Mrs. Magleby as reflected in the transcript of hearing before that court in December 2019. The court encourages the parties to pursue their settlement discussions with the family law court and is amenable to having the family law court adjudicate the merits of Mrs. Magleby's claims if this is supported by the parties and the availability of that court to try these matters expeditiously. In that regard, the court would consider a proposed stipulated order clarifying stay relief to allow the family law court to try the claims and issues agreed upon by the parties, including the claims being objected to in this contested matter. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits.
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Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a
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pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 656
No tentative ruling as of 4/9/19. Appearances are required on 4/10/19, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 12/19/18, 1/30/19, 2/27/19
Docket 548
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 12/19/18 at 11:00 a.m. No appearances are required on 11/13/18.
Corrected tentaive ruling. Off calendar. The court on its own motion continues the hearing on the application to 11/14/18 at 1:30 p.m. to be heard with hearings on other matters in the case on that date. No appearances are required on 11/13/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 12/19/18, 1/30/19, 2/27/19
Docket 594
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/17/18. Appearances are required on 12/19/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
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Docket 174
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
No updated tentative ruling as of 8/7/18. Appearances are required on
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8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status
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report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
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Adv#: 2:16-01259 Magleby v. Magleby
fr. 12/19/18, 1/30/19, 2/27/19
Docket 1
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. If debtor's motion to sell real property is granted, the court should probably set a final hearing on turnover to address issues relating to the sale unless the parties agreeing to conditions of turnover post-sale. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar.
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Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
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Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
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fr. 2/26/19, 2/27/19
Docket 301
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. The court is still concerned that debtor lacks the ability to pay the requested fees. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling. Deny interim fee application of general bankruptcy counsel for unsecured creditors committee without prejudice because: (1) no separately filed declaration of client indicating review of the application and lack of objection; and (2) no evidence debtor has the funds to pay the claimed fees (latest monthly operating report shows estate has less than $6,000 in funds). The court is disclined to authorize payment of interim fees where estate is administratively insolvent. Appearances are required on 2/26/19, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Movant(s):
Ronald Clifford Blakeley LLP Represented By Ronald Clifford
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fr. 2/26/19, 2/27/19
Docket 295
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. The court is still concerned that debtor lacks the ability to pay the requested fees. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling. Deny interim fee application of general bankruptcy counsel for debtor in possession without prejudice because: (1) no separately filed declaration of client indicating review of the application and lack of objection; and (2) no evidence debtor has the funds to pay the claimed fees (latest monthly operating report shows estate has less than $6,000 in funds). The court is disclined to authorize payment of interim fees where estate is administratively insolvent. Appearances are required on 2/26/19, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
Movant(s):
Khang & Khang LLP Represented By Joon M Khang
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fr. 11/8/18, 12/17/18, 2/27/19
Docket 217
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
No tentative ruling as of 7/16/18. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
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Docket 1
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by
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telephone.
Revised tentative ruling as of 7/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits, but the court notes that the cash flow projection described as Exhibit A was not attached to the status report. Appearances are required on 4/19/17 to discuss setting of claims bar date and further proceedings, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
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Docket 1
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Revised tentative ruling as of 10/23/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 10/24/18.
Prior tentative ruling as of 6/25/18. Off calendar. Continued by stipulation and order to 8/8/18 at 11:00 a.m. No appearances are required on 6/27/18.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
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Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
Docket 118
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 10/17/18. The court retracts its tentative ruling of 10/16/18 because it has authorized debtors to respond orally to the supplemental brief of creditors by time of continued hearing, and to file a written response. Appearances are required on 10/17/18, but the prior tentative ruling on 10/15/18 remains the same.
Updated tentative ruling as of 10/16/18. Debtors filed a surreply brief and request for judicial notice of new matters on 10/15/18, which are not authorized under the court's local rules and for which debtors did not request leave of court to file, and the court will disregard these papers for purposes of the hearing on 10/17/18. Creditors need not respond to debtors' surreply or request for judicial notice at the hearing on 10/17/18, though the court might consider them as debtors' trial brief for the trial that will be set on this contested matter. Otherwise, the court's tentative ruling posted on 10/10/18 will apply.
Prior tentative ruling as of 10/15/18. The court will treat the hearing as a status conference because there are material factual disputes raised by the
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motion which is a contested matter under Federal Rule of Bankruptcy Procedure 9014 relating to debtors' good faith in filing this case which require an evidentiary hearing to resolve. The court will schedule an evidentiary hearing at the status conference, and the court requests that counsel appear telephonically rather than appear in person to minimize litigation costs.
Regarding the contentions of debtors, the court is of the view that the motion is not untimely and there is no bar of laches because it seems that at any time in this case, parties in interest can move for dismissal, particularly, preconfirmation, that the motion is not a litigation tactic by creditors to gain advantage in the state court, and that debtors can reorganize and confirm a plan is not an undisputed fact and remains to be seen.
Regarding the contentions of creditors, the court is of the view that debtors could propose a confirmable plan through a combination of income and asset sales, particularly as creditors acknowledge that debtors have property equity of over $1.1 million to fund a plan, that denial of confirmation of the currently proposed plan does not necessarily mean that debtors could not later propose an amended plan that is confirmable, that creditors' opposition to a plan does not necessarily mean that a plan absolutely be confirmed under the cramdown standards of 11 U.S.C. 1129(b), provided that debtors find a way to meet the requirements of the absolute priority rule or qualify for an exemption to the rule, and that whether this is a two-party dispute is a disputed issue of material fact relating to good faith of debtors in filing this case.
If creditors are pressing their motion, the court will ask them for dates for an evidentiary hearing on the disputed material issues of fact, or these issues can be litigated in connection with plan confirmation relating to the disclosure statement and proposed plan now pending.
Appearances are required on 10/17/18, but counsel may and should appear by telephone.
Prior tentative ruling as of 9/17/18. Appearances are required on 9/19/19, but counsel may appear by telephone.
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Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
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Docket 135
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of disclosure statement because: (1) insufficient legal justification for separately classifying business and "consumer" unsecured claims; (2) insufficient justification for property valuations set forth in liquidation analysis; (3) insufficient justification for 30% capital gains tax burden in liquidation analysis. Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
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David R Haberbush Vanessa M Haberbush Louis H Altman
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fr. 1/9/19, 2/6/19, 2/27/19
Docket 116
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. The court is inclined to trail the hearing on the application to employ until the court rules on creditor's motion to dismiss. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion continues the hearing on the application to employ special litigation counsel to the date and time of the hearing on creditor's motion to dismiss the bankruptcy case on 9/19/18 at 2:30 p.m. as a status conference on the application. Most likely, creditor's motion to dismiss is a contested matter under FRBP 9014 and may require an evidentiary hearing which the court will set at the hearing on 9/18/18, and
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the hearing on the employment application will trail the hearing on the motion to dismiss since granting of the motion to dismiss will moot out the application. No appearances are required on 8/29/18. Debtor to notify applicant of the continuance.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
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Docket 174
No tentative ruling as of 4/9/19. Appearances are required on 4/10/19, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
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Docket 1
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. The court has reviewed debtor's status report indicating that debtor and creditor Oggi's Pizza & Brewing Co. have indicated a willingness to ask a settlement conference before a judicial officer. The court was thinking of asking Visiting Bankruptcy Judge Gregg Zive to act as a settlement judge because in the court's view, he would have the ideal temperament for this case, and he may be available in early December or early February to conduct a settlement conference. Otherwise, no tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
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Prior tentative ruling as of 2/5/18. The court has reviewed debtors' status report, and the court is inclined to set a further status report in 90 days. No tentative ruling on the merits. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 11/15/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
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Adv#: 2:17-01455 Oggi's Pizza and Brewing Company v. Bodeau et al
fr. 1/9/19, 2/6/19, 2/27/19
Docket 1
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/22/18. Off calendar. At the hearing on creditor's motion to dismiss on 10/17/18, the court continued the pretrial conference to 11/7/18 at 11:00 a.m. as a status conference. No appearances are required on 10/24/18.
Prior tentative ruling as of 7/16/18. The court has reviewed the joint status report. Appearances are required on 7/17/18 to discuss the status of the mediation, timing of expert witness discovery and scheduling of pretrial conference and trial. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/4/17. The court has reviewed the joint status report. Set a discovery cutoff date of 6/30/18 and a further postdiscovery
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status conference for 7/17/18 at 1:30 p.m. with a joint status report due on 7/10/18. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 1/31/18 and complete mediation by 7/17/18. Appearances are required on 12/5/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/3/17, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush
Defendant(s):
Paul Bodeau Pro Se
Sandra Bodeau Pro Se
Kevin Michael Bodeau Pro Se
Bodeau Enterprises Pro Se
DOES 1-50 Pro Se
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush
Plaintiff(s):
Oggi's Pizza and Brewing Company Represented By
Louis H Altman
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Docket 72
No tentative ruling as of 4/9/19. Appearances are required on 4/10/19, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
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Docket 1
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. Regarding debtor's proposed claims bar dates, the court requires at least 60 days notice to nongovernmental creditors, and debtor's proposed bar date for governmental creditors of 7/30/18 is inconsistent with 11 U.S.C. 502(b)(9) providing that claims of governmental units are timely if filed before 180 days after the order for relief. Otherwise, no tentative ruling on the merits.
Appearances are required on 5/16/18, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
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Docket 85
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling. Treat the motion as a contested matter because there are disputed issues of material fact whether cause exists for appointment of a Chapter 11 trustee under 11 U.S.C. 1104(a). The court will set a litigation schedule of pretrial and trial proceedings, including discovery, at the hearing, which will be treated as a status conference. Counsel should discuss their pretrial needs with each other before the hearing. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
9:00 AM
fr. 1/29/19
Docket 47
Updated tentative ruling as of 4/9/19. Off calendar. Continued to 5/1/19 at 1:30 p.m. on the court's own motion by order entered on 4/3/19. No appearances are required on 4/11/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings since there are disputed issues of material fact relating to debtors' good faith in requesting dismissal or conversion. Scheduling of the trial of the matter may be affected due to a possible further government shutdown in three weeks, which may impact the operations of the judiciary. Appearances are required on 1/29/19, but counsel may appear by telephone.
Debtor(s):
Jose M BENITEZ Represented By Douglas A Crowder
Joint Debtor(s):
Cinthia BENITEZ Represented By Douglas A Crowder
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
Levene, Neale, Bender, Yoo & Brill LLP
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fr. 1/29/19
Docket 10
Updated tentative ruling as of 4/2/19. Off calendar. Because creditor has filed a notice of withdrawal of the motion, the court vacates the trial as there is no longer any opposition to the motion and there is no need for trial. No appearances are required on 4/12/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings since there are disputed issues of material fact relating to valuation of the subject property. Scheduling of the trial of the matter may be affected due to a possible further government shutdown in three weeks, which may impact the operations of the judiciary.
Appearances are required on 1/29/19, but counsel may appear by telephone.
Debtor(s):
Mary Palolo Anderson Represented By Daniel King
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
Docket 22
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny movant relief from stay pursuant to 11
U.S.C. 362(d)(2) because movant has not met its burden of proving the lack of equity in the collateral under 11 U.S.C. 362(g)(1) since the moving papers indicate that debtor has 35% net equity in the collateral (moreover, the supplemental declaration of Michael Klass regarding lack of equity is deficient under 28 U.S.C. 1746(2) because the date of execution is incomplete). Deny the requests for extraordinary relief in paragraphs 7, 8 and 9 for lack of legal and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Michael Richard Shapiro Represented By Charles Shamash Joseph E. Caceres
Trustee(s):
10:30 AM
Timothy Yoo (TR) Pro Se
10:30 AM
(Mercedes-Benz Financial Services USA LLC VS Debtor)
Docket 21
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Mylon Deon Ridgway Represented By Todd L Turoci
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
(Eric Ellestad and Matthew Vail VS Debtor)
Docket 17
Grant movants relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition.
Movants must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movants may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movants do not appear, the court will assume that movants submit on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Precision AgriTech Inc. Represented By Ashley M McDow
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Bridgette A. Ward Represented By Taylor F Williams
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Felicia Desire Smith Represented By Michael E Clark
Movant(s):
BANK OF THE WEST Represented By
Mary Ellmann Tang
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
Docket 31
No tentative ruling as of 4/15/19. Appearances are required on 4/16/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Represented By Holly J Nolan
Unify Credit Union Represented By Brett P Ryan
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
1:30 PM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
fr. 1/15/19
Docket 1
Updated tentative ruling as of 4/15/19. Off calendar. Continued to 5/28/19 at 1:30 p.m. by order entered on 4/10/19. No appearances are required on 4/16/19.
Prior tentative ruling. The court will conduct the status conference on its 2:30
p.m. calendar with the hearings of plaintiff's motion to file an amended complaint and defendant UNIFY Financial Credit Union's motion to dismiss rather than at 1:30 p.m. for the convenience of the parties and the court.
Appearances are required on 1/15/19 at 2:30 p.m., but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Pro Se
Unify Credit Union Pro Se
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
1:30 PM
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
1:30 PM
Adv#: 2:18-01121 Ehrenberg v. JYMK COSMETICS, INC. et al
fr. 9/18/18, 11/6/18, 1/29/19
Docket 1
Corrected tentative ruling as of 4/15/19. The court has reviewed plaintiff’s unilateral status report, stating that plaintiff intends to file a motion for default judgment and requesting a continuance of the status conference to late June or early July 2019. The court on its own motion continues the status conference to 6/25/19 at 1:30 p.m., and an updated status report is optional for this status conference, but if one is filed, it would be appreciated if it is filed at least one week before. No appearances are required on 4/16/19.
Revised tentative ruling as of 1/29/19. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 1/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. The court has reviewed plaintiff’s unilateral status report, stating that plaintiff intends to file a motion for default judgment and requesting a continuance of the status conference to late January 2019. The court on its own motion continues the status conference to 1/29/19 at 1:30 p.m. Counsel for trustee to give notice if required because any defendant has appeared. No appearances are required on 11/6/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. Because default has been entered against defendant and plaintiff has represented that it intends to file a motion for default judgment shortly, the court on its own motion continues the status conference for about 60 days to 11/6/18 at 1:30 p.m. so plaintiff can file its motion for default judgment. No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status
1:30 PM
report. Because defendants have not responded to the complaint and plaintiff intends to request entry of their default, the court is inclined to continue the status conference for about 60 days so plaintiff can file a request for entry of default. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
JYMK COSMETICS, INC. Pro Se
In One Corporation Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01122 Ehrenberg v. Perfumerie, Inc. et al
fr. 9/18/18, 11/6/18, 1/29/19
Docket 1
Corrected tentative ruling as of 4/15/19. The court has reviewed the joint status report, stating that the parties are considering exchanged settlement proposals and that they are requesting a continuance of the status conference for 60 days. Plaintiff also requests an extension of the discovery cutoff date for 90 days. However, the court has not yet issued a pretrial scheduling order setting a discovery cutoff date The court on its own motion continues the status conference to 6/25/19 at 1:30 p.m. and sets the discovery cutoff date of 8/30/19. An updated status report is optional for the status conference on 6/25/19, but if one is filed, it would be appreciated if it is filed at least one week before. Plaintiff is ordered to submit a proposed scheduling order consistent with this tentative ruling on or before 4/19/19.
No appearances are required on 4/16/19.
Prior tentative ruling as of 1/28/19. Off calendar. Continued by stipulation and order to 4/16/19 at 1:30 p.m. No appearances are required on 1/29/19.
Prior tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. The court has reviewed the joint status reports indicating that the parties do not agree on a pretrial schedule and on whether the matter should be ordered to mediation. Appearances are required on 9/18/18 to discuss scheduling and mediation, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports. Because the parties have not had their LBR 7026-1 conference, the court is
1:30 PM
inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Perfumerie, Inc. Pro Se
Puja Lachmandas Pro Se
Parvez Syed Pro Se
Rajkumari Aswani Pro Se
Naintara Jiwnani Pro Se
Archana Jiwnani Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01124 Ehrenberg v. Chaparala
fr. 9/18/18, 11/6/18, 1/29/19
Docket 1
Corrected tentative ruling as of 4/15/19. The court has reviewed the joint status report, stating that the parties expect to engage in settlement negotiations after defendant submits a comprehensive declaration regarding his financial condition with a personal financial statement setting forth all of his assets, liabilities, income and expenses and that the parties are requesting a continuance of the status conference for 60 days. The court on its own motion continues the status conference to 6/25/19 at 1:30 p.m., and an updated status report is optional for this status conference, but if one is filed, it would be appreciated if it is filed at least one week before. Plaintiff is ordered to submit a proposed scheduling order consistent with this tentative ruling on or before 4/19/19. No appearances are required on 4/16/19.
Revised tentative ruling as of 1/29/19. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 1/29/19 to discuss whether the parties have had their early meeting of counsel and whether the matter should be referred to mediation, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. The court has reviewed the joint status report. Set a discovery cutoff date of 3/31/19, and as requested by plaintiff, a further status conference to 1/29/19 at 1:30 p.m. Appearances are required on 11/6/18 to discuss scheduling and defendant’s request for mediation, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference to 11/6/18 at 1:30 p.m., which request the court grants and continues the status
1:30 PM
conference to that date and time for the reasons stated in the status report. No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed the joint status report. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:17-01217 Gonzalez v. Brown et al
U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(I), and 550, and California Civil Code §3439.05;
(3) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a)(1)(B)(i)(ii)(II) and 550, and California Civil Code §3439.04(a)(2)(A); (4) Avoidance and recovery of fraudulent transfer pursuant to 11 U.S.C. §§544(b)(1), 548(a) (1)(B)(i)(ii)(III), and 550, and California Civil Code §3439.04(a)(2)(A); (5) Preservation of avoided transfer pursuant to 11 U.S.C. §551; (6) Disallowance of
claim pursuant to 11 U.S.C. §502(d); and (7) Disallowance of claim pursuant to 11 U.S.C. §502(b)
fr. 10/23/18, 12/4/18, 2/12/19
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order. No appearances are required on 4/16/19.
Debtor(s):
Wladimir John Klimenko Represented By Stephen S Smyth William J Smyth
Defendant(s):
Robert Anthony Brown Pro Se
Law Office of Robert Brown Pro Se
Acquiplied Assets, B.T. Pro Se
Wladimir John Klimenko Pro Se
1:30 PM
Wladimir J. Klimenko Living Trust Pro Se Jeffrey Alan Abraham Pro Se
JMS Financial, Inc Pro Se
Deanna Shapiro Pro Se
BANK OF THE WEST Pro Se
Plaintiff(s):
Rosendo Gonzalez Represented By
Sherri S Shafizadeh Thomas A Fasel
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:30 PM
Adv#: 2:18-01253 Shabpareh v. NELNET EDUCATION LOAN NETWORK dba NELNET,
fr. 10/9/18, 1/29/19
Docket 1
Updated tentative ruling as of 4/15/19. The court has reviewed the joint status report. Set a discovery cutoff date of 8/31/19, and a pretrial conference on 10/29/19 at 2:00 p.m. with a filing deadline for a joint pretrial stipulation on 10/22/19 Appearances are required on 4/16/19 to discuss scheduling and plaintiff’s request for mediation, but counsel may appear by telephone.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/29/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/9/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Melody Shabpareh Represented By
Thomas E Brownfield
Defendant(s):
NELNET EDUCATION LOAN Pro Se
University of Phoenix, Inc. Pro Se
Plaintiff(s):
Melody Shabpareh Represented By
1:30 PM
Trustee(s):
Thomas E Brownfield
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:18-01375 Vance v. Zacky & Sons Poultry, LLC
fr. 1/15/19, 1/29/19, 3/26/19
Docket 1
Off calendar. Continued by stipulation and order to 5/28/19 at 1:30 p.m. No appearances are required on 4/16/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
Defendant(s):
Zacky & Sons Poultry, LLC Pro Se
Plaintiff(s):
Karen Vance Represented By
Gail L Chung Jack A Raisner Rene S Roupinian Robert N Fisher
1:30 PM
Docket 0
Off calendar. The order to show cause is moot because the underlying bankruptcy case was dismissed for failure to file schedules pursuant to an order entered on 4/1/19. No appearances are required on 4/16/19.
Debtor(s):
Thomas S Kim Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:30 PM
Docket 326
Grant trustee's motion for order disallowing claim no. 14 of Debtor Allen Shay for the reasons stated in the moving and reply papers because debtor as claimant has not met his burden of proving that the debt claimed an administrative expense under 11 U.S.C. 503(b) arose from a transaction with the trustee (or he gave consideration to the trustee) and the debt directly and substantially benefitted the bankruptcy estate. Debtor's claim did not involve any transaction with the trustee because debtor incurred the expense without the trustee's knowledge or consent (and without debtor giving consideration to the trustee). Debtor has not shown that the expense directly and substantially benefitted the estate. Apparently, the expense was for some plumbing work on the subject real property because there is no evidence that such work was necessary or benefitted the estate, and it is unclear what was actually done.
In re DAK Industries, Inc., 66 F.3d 1091 (9th Cir. 1995). Moreover, there is no evidence that debtor made the payment of the expense to claim reimbursement. Pursuant to 11 U.S.C. 541 and 704, the trustee has supervision and control of property of the estate, including the subject real property, and debtor had no authority to incur expense on behalf of the estate. Appearances are required on 4/16/19, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Allen Bernard Shay Represented By
Andrew Edward Smyth William J Smyth
Trustee(s):
Alfred H Siegel (TR) Represented By
Alfred H Siegel (TR)
2:30 PM
Anthony A Friedman
2:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Docket 540
Off calendar. Hearing continued to 5/2/19 at 1:30 p.m. on the court's own motion by order entered on 4/11/19. No appearances are required on 4/16/19.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Ronald Rus
2:30 PM
Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Michael D. Smith Represented By Brian L Davidoff
Kamran Gharibian Represented By Brian L Davidoff
Daryoush Dayan Represented By Brian L Davidoff
Cathay Bank, a California Represented By Reed S Waddell
Jennifer Kellen Represented By
Michael D Sobkowiak
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Plaintiff(s):
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson Jason Balitzer
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
2:30 PM
Jessica Vogel
2:30 PM
Docket 48
The moving papers are deficient because movant has not demonstrated standing to act on behalf of debtors as the administrator of their probate estates as she has not provided copies of the probate court's orders appointing her as the administrator of the probate estates (i.e., letters testamentary). Deny the motion without prejudice unless movant provides the court with copies of the probate court's orders appointing her as the administrator. Appearances are required on 4/16/19, but counsel may appear by telephone.
Debtor(s):
Alphonso Rowe Ferguson Represented By
Michelle A Marchisotto Sundee M Teeple
Joint Debtor(s):
Ruby Lee Ferguson Represented By
Michelle A Marchisotto Sundee M Teeple
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
Docket 31
By order entered on 4/10/19, the hearing on the motion has been
rescheduled to the 11:00 a.m. calendar. The parties should appear on the matter at 11:00 a.m., not 2:30 p.m.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Represented By Holly J Nolan
Unify Credit Union Represented By Brett P Ryan
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:30 PM
Application for fees and expenses [Richard K. Diamond, Chapter 7 Trustee]
Docket 50
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 4/16/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Randolph Carl Scales Represented By Daniel King
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Zev Shechtman Sonia Singh
2:30 PM
[Danning, Gill, Diamond & Kollitz, LLP, Attorney for Chapter 7 Trustee]
Docket 47
Approve final fee application of attorney for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 4/16/19, but trustee and counsel may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Randolph Carl Scales Represented By Daniel King
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Zev Shechtman Sonia Singh
2:30 PM
[Grobstein Teeple LLP, Accountant for Chapter 7 Trustee]
Docket 48
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 4/16/19, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Randolph Carl Scales Represented By Daniel King
Trustee(s):
Richard K Diamond (TR) Represented By Howard Kollitz Zev Shechtman Sonia Singh
2:30 PM
Application for fees and expenses [David M. Goodrich, Chapter 7 Trustee]
Docket 71
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 4/16/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Leala M. Simich Represented By
Glenn Ward Calsada
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
2:30 PM
[Law Office of Wesley H. Avery, Attorney for Chapter 7 Trustee]
Docket 70
The application is deficient because: (1) there is no separately filed declaration from the client that he reviewed the fee application and has no objection to it as required by LBR 2016-1(a)(1)(J); and (2) the application requests approval of fees in the amount of $33,449.77 and expenses of
$505.27, but the trustee's final report states that applicant's requested fees are $30,000.00 and expenses of $505.27. Appearances are required on 4/17/19, but counsel may appear by telephone.
Debtor(s):
Leala M. Simich Represented By
Glenn Ward Calsada
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
2:30 PM
Adv#: 2:18-01213 Grand View Financial, LLC v. Hanes
Docket 30
Off calendar. Continued by stipulation and order to 5/14/19 at 2:30 p.m. No appearances are required on 4/16/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Shirley Hanes Represented By Douglas A Crowder
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Docket 43
Deny debtors' motion to appoint trustee because there is no basis for the court to determine that a trustee is necessary to protect the interests of creditors and the debtors or to insure efficient administration of the bankruptcy estate as required by FRBP 5010. Debtors contend that the trustee should be reappointed to administer surplus proceeds from a foreclosure sale of certain real property, which they had scheduled, but not administered by the trustee at the time of the closing of the case because stay relief had been granted as to the property, and had been technically abandoned to them upon closing of the case pursuant to 11 U.S.C. 554(c). The reopening of the case does not nullify the technical abandonment of the real property to debtors. In re Menk, 241 B.R. 896, 914 (9th Cir. BAP 1999). The reopening of the case also does not reinstate the trustee unless the court orders the trustee reappointed pursuant to FRBP 5010. Id. There is no basis to reappoint the trustee in this case because there is no property of the estate to administer by her for creditors or debtors because the property (and the resulting surplus proceeds) was and is technically abandoned to debtors, who can assert their own exemption rights in the pending state court proceedings to decide what party is entitled to the surplus sales proceeds. The trustee is not needed for this because debtors can assert their own rights in the surplus sales proceedings now pending in state court. Appearances are required on 4/16/19, but counsel may appear by telephone.
Debtor(s):
Renato H Hahn Represented By Young K Chang
Joint Debtor(s):
Lisa Hahn Represented By
2:30 PM
Trustee(s):
Young K Chang
Carolyn A Dye (TR) Pro Se
2:30 PM
Application for fees and expenses [Howard M. Ehrenberg, Chapter 7 Trustee]
Docket 33
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 4/16/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Sealink Insurance Services Represented By Omero Banuelos
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 34
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 4/16/19, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Sealink Insurance Services Represented By Omero Banuelos
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Docket 26
No tentative ruling as of 4/15/19. Appearances are required on 4/16/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Constance Geneva Brigham Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Lynda T Bui Rika Kido
2:30 PM
Docket 11
Treat the trustee's motion to dismiss as a contested matter under FRBP 9014 because there are factual issues regarding whether the bankruptcy case is properly filed (i.e., the attorney in fact is acting in a representative capacity that the bankruptcy case is truly the intent of debtor since the trustee has submitted evidence that this may be an elder abuse situation, which evidence is contested by the attorney in fact) and the case law is divided as to whether a general power of attorney may be used to file bankruptcy on another's behalf. See United States v. Spurlin, 664 F.3d 954, 959-960 (5th Cir. 2011), citing inter alia, In re Ballard, 1987 WL 191320 (Bankr. N.D. Cal. 1987); see also, In re Vitagliano, 303 B.R. 292 (Bankr. W.D. N.Y. 2003). The court may have to set an evidentiary hearing on whether or not this case is the actual intent of debtor to seek bankruptcy relief and would require that debtor personally appear at this evidentiary hearing. The court also notes that on 4/5/19 the attorney in fact filed a notice of cancellation of the continued meeting of creditors under 11 U.S.C. 341(a) which the trustee had set for 4/9/19 at 8:00 a.m. Although the attorney in fact asserts that the cancellation was agreed to by the trustee in a telephone conversation on 3/27/19, if this is not true, and debtor and the attorney in fact failed to appear at the continued meeting of creditors on 4/9/19, this may be grounds for dismissal of the case for failure of debtor to appear at a meeting of creditors without further hearing pursuant to Local Bankruptcy Rules 1017-2(b) and 9013-1(q). Appearances are required on 4/16/19.
Debtor(s):
Kiyoko Nakano Pro Se
2:30 PM
Movant(s):
Carolyn A Dye (TR) Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Telephonic Hearing
Docket 1
Updated tentative ruling as of 4/16/19. Off calendar. Continued by stipulation and order to 5/1/19 at 11:00 a.m. No appearances are required on 4/17/19.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. The court will discuss the status of the Phase I ruling with counsel. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/14/19. Appearances are required to discuss scheduling of further proceedings, including mediation and Phase 2 trial, but counsel may appear by telephone. Judge Wallace has indicated his willingness to serve as a mediator for this matter.
Prior tentative ruling as of 2/4/19. The court has reviewed debtor’s status report requesting to be heard on the hardship caused by the delay of decision of Phase I of the trial. To bring this matter promptly to conclusion, the court is of the view that Phase II of the trial is probably needed and suggests that the parties to the dispute of debtor’s objection to the claim of the IRS, debtor and the government, consider when Phase II can be scheduled and how long it will take (perhaps in March, April or May 2019). The issues relating to Phase II concern factual disputes whether debtor materially participated in the various business enterprises to warrant the business loss deductions, and the court expects that the witnesses would primarily be debtor and those who worked with him in these business enterprises and that the documentary evidence to be offered would be records of the various business enterprises to show his material participation. It seems to the court that debtor was not
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required to keep contemporaneous daily time reports or logs to substantiate his business activities to demonstrate material participation and may demonstrate it by reasonable means, such as business records and witness testimony showing his business activities to show material participation, which may include his management activities.
If counsel for both debtor and the government appear for the status conference, a date for a status conference can be set, so a trial schedule can be set, or if only counsel for debtor appears, then counsel for debtor can give notice of a status conference to set a trial schedule. The documentary evidence is probably voluminous, which may require a further pretrial conference to consider how to handle for trial.
To expedite a final determination, the court will issue a written decision on Phase I and will treat it as a tentative decision subject to final ruling after Phase II is completed. This means the parties can make further arguments on the Phase I rulings before a final ruling is made on the matter after Phase
II. In this regard, it would be helpful for counsel for debtor to upload his Phase I proposed findings of fact and conclusions of law, which were filed, but not uploaded, so the court can review for possible adoption.
The court is of the view that since this is a tentative refund situation, the IRS properly assessed the tax without having to follow deficiency procedures, 26
U.S.C. §6213(b)(3). Blansett v. United States, 283 F.2d 474 (8th Cir. 1960), cited in 1 Casey, Federal Tax Practice, §6:21 (November 2018 update), also citing, Rushlight Automatic Sprinkler Co. v. United States, 294 F.2d 572 (9th Cir. 1961)(United States entitled to maintain action for recovery of erroneous refund without previous deficiency notice). Thus, the assessment is not late based on failure to comply with deficiency procedures. Under the traditional rule governing burden of proof of assessed taxes, the taxpayer bears the burden of proving the assessments are arbitrary or erroneous. E.g., United States v. Molitor, 337 F.2d 917 (9th Cir. 1964). (However, due to enactment of 26 U.S.C. §7491 in 1998, the burden of proof may be different where the
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taxpayer produces credible evidence with respect to any factual issues relevant to ascertaining the liability of the taxpayer for any tax imposed under subtitle A or B of the Internal Revenue Code, including income taxes, but neither party addressed this statute in the proposed findings of fact and conclusions of law.)
If allowable, the tax claim would be entitled to priority status under 11 U.S.C.
§507(a)(8)(A)(iii) as not assessed before, but assessable, under applicable law after the commencement of the case.
The court is also of the view that debtor has not met his burden of proving by a preponderance of the evidence that he timely made the election under 26
U.S.C. §469 and that the government does not have the burden of proving that he did not make a timely election based on lack of retention of the tax return which he alleged to have made the election.
However, the court is of the view that debtor could and did properly request the late entity aggregation election under Rev. Proc. 2011-34, which the IRS could and did exercise its discretion for tax years not in litigation (neither 2010 nor 1994 specifically was a tax year is in litigation referred by the IRS to the Justice Department) to grant the request and to notify that debtor as the taxpayer that the procedural requirements of Section 4.02 of the revenue procedure were met and that the taxpayer is to be treated as having made a timely election to treat all interests in rental real estate as a single rental real estate activity for which the late election back to 1994 was requested in the attachment to the amended 2010 return making the request. However, as specified in the section 5 of revenue procedure, such acceptance is not a determination of whether he is eligible to treatment based on the election, which presents factual issues for the tax years in litigation, and the government through the Justice Department can dispute debtor’s eligibility for Rev. Proc. 2011-34 for the years in litigation referred to it, and whether debtor satisfied the requirements of 26 U.S.C. §469(c)(7)(B) or whether he materially participates in any activity. Rev. Proc. 2011-34, §5. The proposed findings of
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fact on both sides are not specific enough to completely address whether debtor has satisfied these requirements. See, e.g., Estate of Ramirez, T.C. Memo. 2018-196 (2018)(an example regarding specific facts measured against eligibility criteria of Section 4.01 of Rev. Proc. 2011-34 for aggregation treatment).
The court has jurisdiction to determine the tax under 11 U.S.C. §505 as set forth on the proof of claim, and in determining the amount, the court may determine whether or not debtor is eligible for treatment based on the late aggregation election under Rev. Proc. 2011-34, and the so-called "new" issues to determine the correct tax liability based on the amount of the correct tax refund amount. See Lewis v. Reynolds, 284 U.S. 281, 283 (1932).
Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court is still deliberating on the trial in of debtor's objection to the claim of the Internal Revenue Service. Otherwise, no tentative ruling on the merits. The court intends to continue the status
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conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/22/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 4/25/18 at 11:30 a.m. No appearances are required on 3/27/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 3/28/18 at 11:30 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/8/18. Off calendar. The court has reviewed debtor's status report, and in light of the pending decision on debtor's objection to the claim of the United States Internal Revenue Service now under submission, the court on its own motion continues the status conference to 2/28/18 at 11:30 a.m. No appearances are required on
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1/10/18.
Prior tentative ruling as of 9/11/17. Off calendar. In light of the pending motion of the United States Trustee to dismiss or convert now set for hearing on 10/25/17 at 11:30 a.m., the court on its own motion continues the status conference to 10/25/17 at 11:30 a.m. No appearances are required on 9/13/17.
Prior tentative ruling as of 4/3/17. Off calendar. In light of the pendency of the litigation proceedings involving debtor's objection to the tax claims, the court on its own motion continues the status conference to 9/13/17 at 11:00
a.m. No appearances are required on 4/5/17.
Prior tentative ruling as of 12/12/16. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits. Appearances are required on 12/14/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 6/15/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/14/16. The court has reviewed reorganized debtor's post-confirmation status report. No tentative ruling on the merits. Appearances are required on 3/16/16 to discuss scheduling of next status conference and other further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/16/15, but counsel may appear by telephone.
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Prior tentative ruling as of 3/9/15. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of litigation disputes of debtor's objection to the IRS claim and creditor Rory Williams's motion to file late-filed claim. Appearances are required on 3/11/15 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 12/2/14. The court has reviewed debtor's post- confirmation status report. No tentative ruling on the merits, but it appears that consummation of the plan will be deferred until resolution of debtor's objection to the IRS claim. Appearances are required on 12/3/14 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 8/25/14. Appearances are required on 8/27/14 to schedule a post-confirmation status conference, but counsel may appear by telephone.
Prior tentative ruling. The court continues on its own motion the status conference to 8/27/14 at 11:00 a.m. at which time the court will set a post- confirmation status conference in November 2014 since a post-confirmation status conference was not set at the confirmation hearing on 7/24/14. No appearances are required on 8/21/14
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue
11:00 AM
William N. Lobel Rika Kido
Leonard M Shulman
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Docket 132
No tentative ruling as of 4/16/19. Appearances are required on 4/17/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Peter G. Kudrave Pro Se
11:00 AM
Docket 252
Grant creditor's motion to allow late filed proof of claim for the reasons stated in the moving papers and for lack of timely written opposition (debtor filed a statement of non-opposition). Appearances are optional on 4/17/19, but counsel may appear by telephone. Creditor to lodge a proposed order within 7 days of hearing.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 82
No tentative ruling as of 4/16/19. Appearances are required on 4/17/19, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:00 AM
Docket 115
Off calendar. Continued by stipulation and order to 5/1/19 at 11:00 a.m. No appearances are required on 4/17/19.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
Movant(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:00 AM
Docket 1
Updated tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/29/18. No tentative ruling on the merits. Appearances are required on 10/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
No updated tentative ruling as of 8/20/18. Appearances are required on 8/22/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The claims bar date should be at least 60 days from the date of notice of bar date to creditors, so 6/1/18 is not appropriate. Otherwise, no tentative ruling on the
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merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:00 AM
Docket 72
Revised tentative ruling as of 4/16/19. Approve interim fee application of general bankruptcy counsel for debtor in possession for the reasons stated in the application and for lack of timely written objection. Appearances are optional on 4/17/19, but counsel may appear by telephone. Counsel to submit a proposed order within 7 days of hearing.
Prior tentative ruling. The application is deficient because: (1) there is no separately filed declaration from the client that he reviewed the fee application and has no objection to it as required by LBR 2016-1(a)(1)(J); and
the counsel declaration in support of the application lacks the date of execution pursuant to 28 U.S.C. 1746(2). Appearances are required on 4/17/19, but counsel may appear by telephone.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes Luis A Solorzano
Movant(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes Giovanni Orantes Giovanni Orantes Luis A Solorzano Luis A Solorzano Luis A Solorzano
11:00 AM
Docket 58
Updated tentative ruling as of 4/16/19. Although the amended disclosure statement is an improvement over the last version, the information is not completely adequate because debtor's listing of business expenses is inadequate and does not state what they are. Debtor should break down what they specifically are, and debtor should provide a historical breakdown of such specific expenses over the last 12 months. The court notes that the expenses are not evenly spread out during the last 12 months, but apparently are large in a few months and small in other months. Since the plan payments are so small, the court believes that it needs to give debtor's expenses close scrutiny, so that meaningful information is given to creditors for voting. Appearances are required on 4/17/19, but counsel may appear by telephone.
Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling. The matter of debtor's motion to value secured claim or lien as to Lending 1st Mortgage, LLC is not yet resolved and needs to be resolved before the case may proceed to plan confirmation. It appears that even though the motion is resolved as to Specialized Loan Servicing by stipulation and order, the motion is not resolved as to the other lien creditor and that the motion should be renoticed for hearing.
Debtor will have to provide additional information for the disclosure statement relating to: (1) his business expenses for which a detailed statement is required for Schedule I/J, and which was not provided either with the schedule or in Exhibit F; (2) his payments on the first deed of trust, for which there is no detailed breakdown of principal, interest, taxes, and other
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expenses; (3) and debtor should also provide financial projections for the entire 60-month duration of the plan.
The court will also require that debtor provide a narrative statement about his employment history and future employment prospects and his income producing activities, such as the investment real property and its income prospects, such as rental increases or decreases.
Appearances are required on 1/16/19, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
Docket 1
Updated tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. Off calendar. Continued on the court's own motion to 1/16/19 at 11:00 a.m. to be conducted with the hearing on debtor's disclosure statement. No appearances are required on 12/19/18.
Prior tentative ruling as of 11/6/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
Docket 1
Updated tentative ruling as of 4/16/19. Off calendar. The court on its own motion continues the status conference to 4/30/19 at 2:30 p.m. to be conducted with the hearing on debtor's motion for an order approving sale of certain estate assets. No appearances are required on 4/17/19.
Prior tentative ruling as of 1/14/19. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
11:00 AM
Docket 42
No tentative ruling as of 4/16/19. Appearances are required on 4/17/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth
11:00 AM
fr. 4/2/19
Docket 39
Updated tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling. Sustain movant's objection to declaration of Roslyn Soudry. Overrule debtors' motion to strike declaration of Ami Meyers, and over debtors' objections to the declaration because declarant is simply submitting copies of pleadings in related state court action. Grant motion for relief from stay under 11 U.S.C. 362(d)(1) to allow litigation in nonbankruptcy forum to proceed to judgment, but no enforcement of any judgment without further leave of court, based on permissive abstention factors set forth in In re Tucson Estates, Inc., 912 F.2d 1162, 1167 (9th Cir. 1990) as stated in movant's reply to debtors' opposition. The court makes no finding as to whether the case was filed in bad faith. Deny request for extraordinary relief that stay relief order is binding and effective in any bankruptcy case commenced by Debtor for 180 days as not warranted. In re Van Ness, 399
B.R. 897 (Bankr. E.D. Cal. 2009). Deny request for waiver of 14 day stay of enforcement under FRBP 4001(a)(3) in event that debtors may take an appeal of stay relief order. Appearances are required on 4/2/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth
Joint Debtor(s):
Roslyn Soudry Katz Represented By
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Victor A Sahn Steven Werth
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Docket 48
No tentative ruling as of 4/16/19. Appearances are required on 4/17/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Movant(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Roslyn Soudry Katz Represented By Victor A Sahn Victor A Sahn Victor A Sahn Steven Werth
11:00 AM
Steven Werth Steven Werth Cathy Ta Cathy Ta Cathy Ta
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Docket 1
Updated tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. Appearances are required on 3/13/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn
11:00 AM
Docket 479
Updated tentative ruling as of 4/16/19. Off calendar. Continued on the court's own motion to 5/1/19 at 11:00 a.m. because the court is still deliberating on creditor Zehnaly's motion for reconsideration, which has an impact of other pending matters in this case. No appearances are required on 4/17/19.
Prior tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
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Updated tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
pdated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the
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hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. Appearances are required on 3/22/17.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. The court has concerns regarding the propriety of a "structured" dismissal (called "conditional" dismissal in the moving papers), i.e., whether the record is sufficient to warrant deviation from the normal procedures expressly provided in the Bankruptcy Code, i.e., a liquidating plan, case conversion or straight dismissal without conditions, or whether more broadly, whether structured dismissals are permitted at all, which may be at issue before the Supreme Court in In re Jevic Holding Corp., 787 F.3d 173 (3rd Cir. 2015), cert. granted, Czyzewski v. Jevic Holding Corp. 136 S.Ct. 2541 (2016). See also, Transcript of Oral Argument, Czyzewski v. Jevic Holding Corp., No. 15-649 (S.Ct., argued December 7, 2016); see also, e.g., Salerno, Hansen, Meyer,
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Schuster and Barsharis, Advanced Chapter 11 Bankruptcy Practice, Section
12.22 (2nd ed. online, 2016 Cum. Supp.); Greenberg, Smith and Taylor, "The Elephant Hiding in the Mousehole": In re Jevic, 2016 No. 10 Norton Bankr. L. Adviser NL 1 (online ed., October 2016); Pernick and Dean, "Structured Chapter 11 Dismissals: A Viable and Growing Alternative After Asset Sales," 29 Am. Bankr. Inst. J. 1 (June 2010); Eitel, Tinker and Lambert, "Structured Dismissals, or Cases Dismissed Outside of Code's Structure?", 30 Am. Bankr. Inst. J. 20 (March 2011). Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
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fr. 12/19/18, 2/7/19, 4/10/19
Docket 589
Updated tentative ruling as of 4/16/19. Off calendar. Continued on the court's own motion to 5/1/19 at 11:00 a.m. because the court is still deliberating on creditor Zehnaly's motion for reconsideration, which has an impact of other pending matters in this case. No appearances are required on 4/17/19.
Prior tentative ruling as of 2/4/19. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 2/7/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set an evidentiary hearing to examine movant regarding whether he has a reasonable explanation for why he did not file his motion earlier. The court does not have time on its law and motion calendar on 12/19/18 to take movant's testimony and will set a hearing to take his testimony, which the court expects will take about an hour. Appearances are required on 12/19/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr. 2/6/19, 2/7/19, 4/10/19
Docket 482
Updated tentative ruling as of 4/16/19. Off calendar. Continued on the court's own motion to 5/1/19 at 11:00 a.m. because the court is still deliberating on creditor Zehnaly's motion for reconsideration, which has an impact of other pending matters in this case. No appearances are required on 4/17/19.
Prior tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. The court is still deliberating after trial and does not expect a decision by 12/31/18, most likely, January 2019. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the
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National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court continues the hearing on its own motion to 10/3/18 at 11:00 a.m. No appearances are required on 8/1/18.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its
11:00 AM
review of the fee application. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. Updated tentative ruling as of 5/11/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Ashley McDow. Appearances are required on 5/12/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Updated tentative ruling as of 5/1/17. No tentative ruling on the merits. The court will continue to take oral testimony from witness Marc Benezra.
Appearances are required on 5/3/17 also to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/13/16.
11:00 AM
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 157
Updated tentative ruling as of 4/16/19. Off calendar. Continued on the court's own motion to 5/1/19 at 11:00 a.m. because the court is still deliberating on creditor Zehnaly's motion for reconsideration, which has an impact of other pending matters in this case. No appearances are required on 4/17/19.
Prior tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
11:00 AM
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are optional on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. No appearances are required on 1/24/18.
Updated tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. No appearances are
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required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the hearing on its own motion to 12/13/17 at 11:00 a.m. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court continues the hearing on its own motion to 10/25/17 at 1:30 p.m. No appearances are required on 8/30/17.
Prior tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Prior tentative ruling. No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Updated tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
No updated tentative ruling as of 1/25/16. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/15/14. Appearances are required on 4/16/14, but counsel may appear by telephone.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement and plan. Debtor has indicated that it intends to revise the disclosure statement to address objections of United States Trustee.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney
11:00 AM
Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 4/16/19. Off calendar. Continued on the court's own motion to 5/1/19 at 11:00 a.m. because the court is still deliberating on creditor Zehnaly's motion for reconsideration, which has an impact of other pending matters in this case. No appearances are required on 4/17/19.
Prior tentative ruling as of 2/4/19. Off calendar. The court on its own motion continues the hearing to 2/7/19 at 11:00 a.m. because the case must remain active on the docket in light of the pendency of the contested matter of the motion for reconsideration of the court's order disallowing the claim of creditor Zehnaly set for an evidentiary hearing on 2/7/19. This matter will be heard one hour after the evidentiary hearing on the Zehaly motion begins, at which time the court will be able to better assess how long that matter will take to resolve. No appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
11:00 AM
Prior tentative ruling as of 11/6/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. The court expects to issue its ruling by 12/31/18. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 12/5/18 at 11:00 a.m. Appearances are required on 11/7/18 because creditor Zehnaly appeared at the last status conference and may appear to be heard on his claim, but counsel may appear by telephone.
Updated tentative ruling as of 10/1/18. The court is still deliberating on the contested matter of the objection to the final fee application of counsel for debtor. Otherwise, no tentative ruling on the merits. The court intends to continue the status conference to 11/7/18 at 11:00 a.m. Appearances are optional on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. Off calendar. The court continues the hearing on its own motion to 5/29/18 at 11:00 a.m. No appearances are required on 4/25/18.
Prior tentative ruling as of 3/26/18. Off calendar. The court continues the hearing on its own motion to 4/25/18 at 11:00 a.m. No appearances are required on 3/28/18.
Prior tentative ruling as of 2/26/18. Off calendar. The court continues the hearing on its own motion to 3/28/18 at 11:00 a.m. No appearances are required on 2/28/18.
Prior tentative ruling as of 1/22/18. Off calendar. The court continues the hearing on its own motion to 2/28/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 1/24/18.
11:00 AM
Prior tentative ruling as of 12/18/17. Off calendar. The court continues the hearing on its own motion to 1/24/18 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/20/17.
Prior tentative ruling as of 12/11/17. Off calendar. The court continues the hearing on its own motion to 12/20/17 at 11:00 a.m. The court is continuing its review of the fee application of general bankruptcy counsel for debtor in possession. No appearances are required on 12/13/17.
Prior tentative ruling as of 10/23/17. Off calendar. The court continues the status conference on its own motion to 12/13/17 at 11:00 a.m. and dispenses with the requirement of a written status report for the status conference on 12/13/17. No appearances are required on 10/25/17.
Prior tentative ruling as of 8/28/17. Off calendar. The court has reviewed debtor's status report. In that the court is still deliberating on the final fee application of general bankruptcy counsel for debtor, the court continues the status conference on its own motion to 10/25/17 at 1:30 p.m. and dispenses with the requirement of a written status report for the status conference on 10/25/17. No appearances are required on 8/30/17.
Updated tentative ruling as of 6/14/17. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/17. Appearances are required on 5/12/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/1/17. Appearances are required on 5/3/17, but counsel may appear by telephone.
Updated tentative ruling as of 3/20/17. No tentative ruling on the merits. Appearances are required on 3/22/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/6/17. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 12/12/16. Off calendar. Continued on the court's own motion to 1/11/17 at 11:00 a.m. No appearances are required on 12/14/16.
Prior tentative ruling as of 10/17/16. No tentative ruling on the merits. Appearances are required on 10/19/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/19/16. No tentative ruling on the merits. Appearances are required on 9/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 6/13/16. No tentative ruling on the merits. Appearances are required on 6/15/16, but counsel may appear by telephone.
Prior tentative ruling as of 5/2/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/11/16. Off calendar. The court has reviewed debtor's status report requesting that the hearing be continued to 5/4/16 at 11:00 a.m. to be heard with the continued hearing on debtor's objection to the claim of creditor Zehnaly. The court on its own motion grants this request and continues the hearing to 5/4/16 at 11:00 a.m. No appearances are required on 4/13/16.
Prior tentative ruling as of 1/25/16. The court has reviewed debtor's status report. Appearances are required on 1/27/16, but counsel may appear by telephone.
Prior tentative ruling as of 10/26/15. No tentative ruling on the merits. Appearances are required on 10/28/15, but counsel may appear by telephone.
No updated tentative ruling as of 8/17/15. Appearances are required on 8/18/15, but counsel may appear by telephone.
Updated tentative ruling as of 8/10/15. Off calendar. Continued by stipulation
11:00 AM
and order to 8/18/15 at 2:30 p.m. No appearances are required on 8/11/15.
No updated tentative ruling as of 5/4/15. Appearances are required on 5/6/15, but counsel may appear by telephone.
No updated tentative ruling as of 4/13/15. Appearances are required on 4/15/15, but counsel may appear by telephone.
Updated tentative ruling as of 3/31/15. Off calendar. Continued by stipulation and order to 4/15/15 at 11:00 a.m. No appearances are required on 4/1/15.
Prior tentative ruling as of 3/30/15. No tentative ruling on the merits. Appearances are required on 4/1/15, but counsel may appear by telephone.
Prior tentative ruling as of 1/26/15. Off calendar. Continued by stipulation and order to 4/1/15 at 11:00 a.m. No appearances are required on 1/27/15.
Prior tentative ruling as of 11/3/14. Appearances are required on 11/5/14, but counsel may appear by telephone.
No updated tentative ruling as of 9/22/14. Appearances are required on 9/24/14, but counsel may appear by telephone.
No updated tentative ruling as of 8/19/14. Appearances are required on 8/20/14, but counsel may appear by telephone.
No updated tentative ruling as of 6/24/14. Appearances are required on 6/25/14, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/14. Appearances are required on 5/7/14, but counsel may appear by telephone.
No updated tentative ruling as of 4/15/14. Appearances are required on 4/16/14.
Prior tentative ruling as of 4/7/14. No tentative ruling on the merits. Appearances are required on 4/9/14 to discuss debtor's disclosure statement
11:00 AM
and plan.
Prior tentative ruling as of 3/10/14. No tentative ruling on the merits. Appearances are required on 3/12/14, but counsel may appear by telephone.
Updated tentative ruling as of 2/24/14. No tentative ruling on the merits. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 2/3/14. The court has reviewed debtor's status report and the comments of the secured creditor on status. No tentative ruling. Appearances are required on 2/5/13, but counsel may appear by telephone.
Prior tentative ruling as of 11/19/13. The court has reviewed debtor's status report. No tentative ruling. Appearances are required on 11/20/13, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/13. No tentative ruling on the merits. Appearances are required on 10/9/13.
Updated tentative ruling as of 9/18/13. Off calendar. Continued at hearing on 9/17/13 to 10/9/13 at 11:30 a.m. No appearances required on 9/18/13.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/13, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Revised tentative ruling as of 10/23/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 10/24/18.
Prior tentative ruling as of 6/25/18. Off calendar. Continued by stipulation and order to 8/8/18 at 11:00 a.m. No appearances are required on 6/27/18.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/22/18. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 10/23/17. No tentative ruling on the merits. Appearances are required on 10/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/14/17, but counsel may appear by telephone.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
fr. 4/10/19
Docket 72
Updated tentative ruling as of 4/16/19. The court has concerns regarding the adequacy of the information in the disclosure statement regarding bargain sales of debtor's accounts receivable and vehicle to its insider. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. Appearances are required on 4/10/19, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
Docket 1
Updated tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. Regarding debtor's proposed claims bar dates, the court requires at least 60 days notice to nongovernmental creditors, and debtor's proposed bar date for governmental creditors of 7/30/18 is inconsistent with 11 U.S.C. 502(b)(9) providing that claims of governmental units are timely if filed before 180 days after the order for relief. Otherwise, no tentative ruling on the merits.
Appearances are required on 5/16/18, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By
11:00 AM
Brett Ramsaur
11:30 AM
Docket 174
Updated tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
11:30 AM
p.m. No appearances are required on 11/14/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors
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and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:30 AM
fr. 3/6/19, 3/13/19, 4/10/19
Docket 390
Updated tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. In the papers filed by debtor and creditor Cindy Magleby in response to the court's order to show cause re: dismissal or conversion, although these parties did not agree on whether the case should be dismissed, they both indicated a willingness to have the family law court adjudicate the merits of Mrs. Magleby's claims as well as other family law issues with possible availability for trial in June 2019. There is also a possibility of further settlement efforts in the family law court as indicated by counsel for Mrs. Magleby as reflected in the transcript of hearing before that court in December 2019. The court encourages the parties to pursue their settlement discussions with the family law court and is amenable to having the family law court adjudicate the merits of Mrs. Magleby's claims if this is supported by the parties and the availability of that court to try these matters expeditiously. In that regard, the court would consider a proposed stipulated order clarifying stay relief to allow the family law court to try the claims and issues agreed upon by the parties, including the claims being objected to in
11:30 AM
this contested matter. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits.
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Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:30 AM
fr. 4/10/19
Docket 656
Updated tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. Appearances are required on 4/10/19, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:30 AM
fr. 1/30/19, 2/27/19, 4/10/19
Docket 548
Updated tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 12/19/18 at 11:00 a.m. No appearances are required on 11/13/18.
Corrected tentaive ruling. Off calendar. The court on its own motion continues the hearing on the application to 11/14/18 at 1:30 p.m. to be heard with hearings on other matters in the case on that date. No appearances are required on 11/13/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:30 AM
11:30 AM
fr. 1/30/19, 2/27/19, 4/10/19
Docket 594
Updated tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/17/18. Appearances are required on 12/19/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:30 AM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 1/30/19, 2/27/19, 4/10/19
Docket 1
Updated tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. If debtor's motion to sell real property is granted, the court should probably set a final hearing on turnover to address issues relating to the sale unless the parties agreeing to conditions of turnover post-sale. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor
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to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
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No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
fr. 2/27/19
Docket 21
Updated tentative ruling as of 4/16/19. Motion was resolved by stipulation and order entered on 4/11/19. Appearances are optional on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 2/27/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth
1:30 PM
Docket 8
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 4/17/19.
Debtor(s):
Patricia Benites Flores Represented By
Lisa F Collins-Williams
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
Docket 689
It would be helpful if Debtor and Mrs. Magleby and their counsel appeared in person, so the court can discuss the matters raised by the motion with them. Appearances are required on 4/23/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 4/10/19, 4/17/19
Docket 656
Updated tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. Appearances are required on 4/10/19, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Docket 174
Updated tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
1:30 PM
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including
1:30 PM
adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 3/13/19, 4/10/19, 4/17/19
Docket 390
Updated tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. In the papers filed by debtor and creditor Cindy Magleby in response to the court's order to show cause re: dismissal or conversion, although these parties did not agree on whether the case should be dismissed, they both indicated a willingness to have the family law court adjudicate the merits of Mrs. Magleby's claims as well as other family law issues with possible availability for trial in June 2019. There is also a possibility of further settlement efforts in the family law court as indicated by counsel for Mrs. Magleby as reflected in the transcript of hearing before that court in December 2019. The court encourages the parties to pursue their settlement discussions with the family law court and is amenable to having the family law court adjudicate the merits of Mrs. Magleby's claims if this is supported by the parties and the availability of that court to try these matters
1:30 PM
expeditiously. In that regard, the court would consider a proposed stipulated order clarifying stay relief to allow the family law court to try the claims and issues agreed upon by the parties, including the claims being objected to in this contested matter. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto.
1:30 PM
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 2/27/19, 4/10/19, 4/17/19
Docket 548
Updated tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 12/19/18 at 11:00 a.m. No appearances are required on 11/13/18.
Corrected tentaive ruling. Off calendar. The court on its own motion continues the hearing on the application to 11/14/18 at 1:30 p.m. to be heard with hearings on other matters in the case on that date. No appearances are required on 11/13/18.
1:30 PM
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 2/27/19, 4/10/19, 4/17/19
Docket 594
Updated tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/17/18. Appearances are required on 12/19/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 2/27/19, 4/10/19, 4/17/19
Docket 1
Updated tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. If debtor's motion to sell real property is granted, the court should probably set a final hearing on turnover to address issues relating to the sale unless the parties agreeing to conditions of turnover post-sale. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to
1:30 PM
recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
1:30 PM
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:30 AM
Docket 131
Updated tentative ruling as of 4/29/19. Off calendar. Continued to 5/7/19 at 2:00 p.m. by oral ruling at hearing on 4/10/19. No appearances are required on 4/30/19.
Prior tentative ruling as of 4/1/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Appearances are required on 4/2/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19 at 3:30 p.m. Off calendar. Continued by stipulation and order to 4/2/19 at 10:30 a.m. No appearances are required on 3/26/19.
Prior tentative ruling as of 3/25/19 at 1:00 p.m. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the
10:30 AM
hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
10:30 AM
Docket 142
Off calendar. Continued to 5/7/19 at 2:00 p.m. by oral ruling at hearing on 4/10/19. No appearances are required on 4/30/19.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Movant(s):
Joe Klein Represented By
Niv V Davidovich
Joe Klein Represented By
Niv V Davidovich
10:30 AM
fr. 4/2/19
Docket 11
Updated tentative ruling as of 4/29/19. Movant and debtor filed a stipulation resolving the dispute as to them and a proposed order. Trustee filed a no asset report, but the property remains property of the estate because a no asset report does not effect an abandonment, and stay relief is still needed. In re Reed, 940 F.2d 1317 (9th Cir. 1991). Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. Continued by stipulation and order to 4/30/19 at 10:30
a.m. No appearances are required on 4/2/19.
Debtor(s):
Jesus Sequeira Represented By Daniel King
10:30 AM
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 14
Deny motion for stay relief under 11 U.S.C. 362(d)(1) and (2) as moot because the case was dismissed on 3/28/19. 11 U.S.C. 362(c)(1) and (2). Deny requests for extraordinary relief in paragraphs 2, 3, 4, 5, 7, 8, 9, 10, 11 and 12 for lack of evidentiary and/or legal support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). Appearances are optional on 4/30/19, but counsel may appear by telephone.
Debtor(s):
Eun Hee Kim Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
(Federal Home Loan Mortgage Corporation VS Debtor)
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jose Rolando Delgado Represented By Francis Guilardi
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
(Nissan Motor Acceptance Corporation VS Debtor)
Docket 9
The moving papers are procedurally deficient because Debtor's mailing address on the proof of service is incorrect, missing a digit in the street number ("1778" is not "11778"). The moving papers will need to be reserved on Debtor. Appearances are required on 4/30/19, but counsel may appear by telephone.
Debtor(s):
Sandra G Luna-Rosales Represented By
Michael H Colmenares
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Doly C Arredondo-Barrera Represented By
Michael H Colmenares
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 16
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Priscilla Michelle Garcia Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
11:00 AM
Docket 18
No updated tentative ruling as of 4/29/19. Appearances are required on 4/30/19.
No tentative ruling as of 3/4/19. Appearances are required on 3/5/19.
Debtor(s):
Eduardo Jose Salazar Represented By
Michael H Colmenares
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
fr. 3/5/19
Docket 19
No updated tentative ruling as of 4/29/19. Appearances are required on 4/30/19.
No tentative ruling as of 3/4/19. Appearances are required on 3/5/19.
Debtor(s):
Eduardo Jose Salazar Represented By
Michael H Colmenares
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
fr. 4/2/19
Docket 402
Updated tentative ruling as of 4/29/19. Off calendar. Matter dismissed by stipulation and order entered on 4/5/19. No appearances are required on 4/30/19.
Prior tentative ruling as of 4/1/19. Contrary to debtor's assertions, it appears that movant has standing as the original lender as the beneficiary of the note and trust deed and the sworn representation of the declarant that movant holds the original note. However, the moving papers contain an inconsistent statement that movant is only the servicer. Movant should explain this apparent inconsistency.
Movant has shown one element of a claim under 11 U.S.C. 362(d)(4) that the original borrower made an unconsented to transfer of the real property.
However, movant's evidence of multiple bankruptcy filings is insufficient since the moving papers do not show how the multiple filings of debtor's managing members affect the subject real property since there was only one unconsented to transfer to debtor, and not to the managing member or other parties.
Movant has not made a prima facie showing that the filing of the debtor's petition is part of a scheme to hinder, delay or defraud since there is no loan balance information in the moving papers. Normally, a secured creditor shows that there is a scheme to hinder, delay or defraud its collection efforts by showing loan arrearages which are not shown here, which would support a finding of hindering, delay or defraud. Movant has not otherwise shown that the case was filed in bad faith with admissible evidence.
11:00 AM
Deny without prejudice, or allow movant to amend by submitting evidence that the loan is not being paid and that the automatic stay from the debtor's case based on the unconsented to transfer hinders, delays or defrauds it in its efforts to collect the loan.
Appearances are required on 4/2/19, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
11:00 AM
Docket 398
Updated tentative ruling as of 4/29/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving and reply papers, that is, as the holder of the note and assignee of the trust deed, movant has a colorable claim to enforce its rights against property of the estate, and there was an unconsented to transfer in the property without the lender's consent, and the filing of the petition is a part of scheme to hinder, delay or defraud the lender since the loan payments have not been made for over three years (40 months) and are still not being made during this bankruptcy case. Deny the requests for extraordinary relief in paragraphs 8, 10 and 11 for lack of evidentiary and/or legal support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). No tentative ruling on the request to waive the 14-day waiting period under FRBP 4001(a)(3).
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
11:00 AM
tentative ruling as of 4/1/19. Movant has shown one element of a claim under 11 U.S.C. 362(d)(4) that the original borrower made an unconsented to transfer of the real property. Movant has not made a prima facie showing of the second element of a claim under 11 U.S.C. 362(d)(4) that the filing of the debtor's petition is part of a scheme to hinder, delay or defraud since there is no loan balance information in the moving papers. Normally, a secured creditor shows that there is a scheme to hinder, delay or defraud its collection efforts by showing loan arrearages which are not shown here, which would support a finding of hindering, delay or defraud. Movant has not otherwise shown that the case was filed in bad faith with admissible evidence, and the "smell" test is not a substitute for admissible evidence in this court. The moving papers contain numerous typographical or spelling errors, and counsel for movant is admonished to proofread work before submission to the court.
Movant failed to serve the origtinal borrower with the moving papers, which the court requires where the claim is for relief under 11 U.S.C. 362(d)(4) as a matter of procedural due process. In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Deny without prejudice, or allow movant to amend by submitting evidence that the loan is not being paid and that the automatic stay from the debtor's case based on the unconsented to transfer hinders, delays or defrauds it in its efforts to collect the loan.
Deny requests for extraordinary relief in paragraphs 8, 10 and 11 for lack of legal and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
Appearances are required on 4/2/19, but counsel may appear by telephone. Prior tentative ruling. Continued by stipulation and order to 4/2/19 at 10:30
a.m. No appearances are required on 3/26/19.
Debtor(s):
Grand View Financial LLC Represented By
11:00 AM
Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 377
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 390
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Rita Gail Farris-Ellison Represented By James Bryant
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 10/3/18, 11/30/18, 2/21/19
Docket 362
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 8/8/18, 11/30/18, 2/21/19
Docket 351
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 1/15/19
Docket 399
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 397
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 414
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Rita Gail Farris-Ellison Represented By James Bryant
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 412
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
2) breach of contract 3) breach of implied covenant of good faith
and fair dealing 4) conversion 5) negligence 6) breach of fiduciary duty
7) constructive fraud 8) fraudulent concealment 9) wrongful foreclosure
10) interference with prospective economic advantage fr. 8/8/18, 11/30/18, 2/21/19
Docket 1
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Attorney(s):
Deborah Bronner Represented By Deborah R Bronner
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
1:30 PM
Mediator(s):
David A. Gill Pro Se
Plaintiff(s):
James Lee Clark Represented By Justin D Graham
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:14-01088 Clark v. Farris-Ellison
[Pursuant to 11 U.S.C. §523(a)(2); 11 U.S.C. §523(a)(6)] fr. 10/3/18, 11/30/18, 2/21/19
Docket 1
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 107
No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Gary E Moll - INACTIVE -
Defendant(s):
Gary E Moll Represented By
Gary E Moll - INACTIVE -
Gary E Moll and Associates Represented By
Gary E Moll - INACTIVE -
Lisa Watson Represented By
Adrienne K Miller
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
1:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 23
Updated tentative ruling as of 4/29/19. As stated in the prior tentative ruling as of 3/11/19, defendant's motion to dismiss should be converted to one for summary judgment with defendant as the moving party needing to file a statement of uncontroverted facts and conclusions of law and plaintiff as the opposing party needing to file a statement of genuine issues. Appearances are required on 4/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/11/19. Defendant filed a notice that the state appellate court issued its opinion on plaintiff's appeal in the state court action, but did not attach a copy of the opinion. Based on defendant's motion to dismiss plaintiff's first amended complaint (docket number 23) as supplemented in further pleadings (docket numbers 28, 88 and 90), it appears that the motion to dismiss should be converted to a motion for summary judgment since defendant's pleadings refer to matters outside the pleadings in order to argue that the first amended complaint should be dismissed with prejudice on grounds of res judicata. Federal Rule of Bankruptcy Procedure 7012, incorporating by reference, Federal Rule of Civil Procedure 12(d). As such, the court should order defendant as the moving party to file a statement of uncontroverted facts and conclusions of law under Local Bankruptcy Rule 7056-1(b)(2) and plaintiff as the responding party a statement of genuine issues and conclusions of law under Local Bankruptcy Rule 7056-1(c)(2), so that there are coherent reasons based on the record for the court's ultimate ruling on the motion. Moreover, it is unclear that the state court judgment as upheld by the state appellate court is final for res judicata purposes since it is unclear if the time for further appellate review by the
1:30 PM
California Supreme Court has expired. See Pellissier v. Title Guarantee & Trust Co., 208 Cal. 172, 184 (1929). Appearances are required on 3/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/9/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/10/18. Off calendar. The hearing is continued on the court's own motion by prior order to 10/9/18 at 2:30 p.m. No appearances are required on 9/11/18.
Prior tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/12/17. No tentative ruling on the merits. Appearances are required on 6/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter
1:30 PM
should be stayed pending the resolution of plaintiff's claims in state court. Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation and the court would stay the proceedings in this court until the state court litigation is completed, the court would deny the motion without prejudice. Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
No tentative ruling as of 8/8/16. Appearances are required on 8/9/16, but counsel may appear by telephone.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir Gary E Moll
1:30 PM
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir Gary E Moll
Gary E Moll and Associates Represented By Ilyse Klavir Gary E Moll
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
§523(a)(6), willful and malicious injury; verification fr. 9/11/18, 10/9/18, 3/12/19
Docket 1
Updated tentative ruling as of 4/29/19. No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/9/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/10/18. Off calendar. The status conference is continued on the court's own motion by prior order to 10/9/18 at 2:30 p.m. No appearances are required on 9/11/18.
Prior tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel and self-represented
1:30 PM
parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation, and the court would stay the proceedings in this court until the state court litigation is completed.
Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The
1:30 PM
parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
Prior tentative ruling as of 8/8/16. No tentative ruling on the merits. Appearances are required on 8/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/18/16. Off calendar. The court noting that defendant has noticed a hearing on his motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m., the court continues on its own motion the status conference on 7/19/16 at 1:30 p.m. to the date and time of the hearing on defendant's motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m. No appearances are required on 7/19/16.
Prior tentative ruling. The status conference will be heard at 3:00 p.m. with the hearing on defendant's motion to dismiss. Appearances are required on 3:00 p.m. calendar, not the 1:30 p.m. calendar. No tentative ruling on the merits for the status conference.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir
Gary E Moll and Associates Represented By Ilyse Klavir
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Howard M Ehrenberg (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
fr. 12/11/18, 2/26/19
Docket 617
Updated tentative ruling as of 4/29/19. No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/26/19 to discuss status of matter, including mediation proceedings, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. Appearances are required on 12/11/18 to discuss scheduling and the parties' discovery and other pretrial needs, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
1:30 PM
Adv#: 2:19-01032 Tilem v. Kudrave
fr. 4/2/19
Docket 1
Updated tentative ruling as of 4/29/19. No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/1/19. The parties attended mediation and placed a settlement agreement on the record on 3/21/19, and documentation of the settlement is pending. Appearances are optional on 4/2/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Peter G. Kudrave Pro Se
Defendant(s):
Peter G. Kudrave Pro Se
Plaintiff(s):
David A Tilem Represented By David A Tilem
1:30 PM
fr. 12/18/18, 2/5/19
Docket 47
Updated tentative ruling as of 4/29/19. No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling. There is no proof of service that debtor served respondent and its counsel as ordered by the court in the order to show cause, and therefore, the court will continue the hearing so debtor can make such service (despite BNC notice). Otherwise, no tentative ruling on the merits. Appearances are required on 12/18/18, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
1:30 PM
Adv#: 2:18-01284 Fidelity National Title Insurance Company v. Griego
fr. 11/13/18, 1/29/19
Docket 1
Updated tentative ruling as of 4/29/19. No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/29/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 1/29/19 at 1:30
p.m. to allow time for plaintiff to file its motion for default judgment. No appearances are required on 11/13/18.
Debtor(s):
Nicholas Fernando Griego Pro Se
Defendant(s):
Nicholas Fernando Griego Pro Se
Plaintiff(s):
Fidelity National Title Insurance Represented By
Karen A Ragland
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:19-01053 Lee et al v. Stringer
Docket 1
No tentative ruling on the merits. Appearances are required on 4/30/19 to address why monetary sanctions of $100 should not be imposed each on counsel for plaintiffs and defendant who is self-represented for failure to file a joint status report as required by Local Bankruptcy Rule 7016-1 and the court's order setting initial status conference filed and entered on 2/21/19.
Debtor(s):
Alfred Lee Stringer Pro Se
Defendant(s):
Alfred Lee Stringer Pro Se
Plaintiff(s):
Mylaunna Lee Represented By Albert L Chaney III
Sharlet Marie Lee Represented By Albert L Chaney III
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Docket 1
No tentative ruling as of 4/29/19. The court has reviewed petitioning creditor's unilateral status report. Appearances are required on 4/30/19, but counsel may appear by telephone.
Debtor(s):
Serapio Venegas Pro Se
2:00 PM
fr. 4/10/18, 10/16/18, 2/5/19
Docket 118
Updated tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 5/28/19 at 2:00 p.m. No appearances are required on 4/30/19.
Prior tentative ruling as of 10/15/18. Off calendar. Continued by stipulation and order to 2/5/19 at 2:00 p.m. No appearances are required on 10/16/18.
Prior tentative ruling as of 4/9/18. No tentative ruling on the merits. Appearances are required on 4/10/18, but counsel may appear by telephone.
Prior tentative ruling. Continued by stipulation and order to 2/7/18 at 2:00
p.m. No appearances are required on 2/24/18.
Debtor(s):
Ayers Bath (U.S.A.), Co.,Ltd. Represented By Jeffrey S Renzi Ryan S Fife
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
2:00 PM
fr. 2/26/19
Docket 638
Updated tentative ruling as of 4/29/19. No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Grant debtor's motion to sell the subject real property under 11 U.S.C. 363, finding that the sale is an exercise of reasonable business judgment of debtor in possession and that the sale may be free and clear of liens and interests pursuant to 11 U.S.C. 363(f)(3), approve overbid procedures and payment of undisputed liens, real estate commissions and other ordinary costs of sale from escrow. Debtor will need to address the limited opposition of U.S. Bank to the motion. No tentative ruling on finding successful bidder and backup bidder as good faith purchasers pursuant to 11
U.S.C. 363(m) since sale with overbidding process has not yet been conducted. Authorize distribution of Mrs. Magleby's share of surplus sales proceeds directly to her from escrow pursuant to 11 U.S.C. 363(j). No tentative ruling on debtor's request for certain procedures in the event of lack of cooperation of Mrs. Magleby to the sale. The court is disinclined to order such procedures based on the presumption of lack of cooperation. Having said this, the court is inclined to order that the sale cannot close until Mrs. Magleby vacates the premises and possession is turned over to the buyer(s), that no distribution of the sales proceeds be made to Mrs. Magleby until the sale is closed after she turns over possession of the premises, or otherwise,
2:00 PM
the estate or buyer(s) will incur expense of having to bring an unlawful detainer action in state court or a turnover action in this court resulting in damages to the estate for which she may be liable to compensate the estate if she willfully failed to turn over possession. Moreover, the court would consider setting a hearing on turnover on shortened or emergency notice in the event of a failure to turn over possession after the sale, though this might have to be accomplished through the pending adversary proceeding for turnover. The parties, including debtor, Mrs. Magleby and the buyer(s) are urged to cooperate with respect to turnover of possession by Mrs. Magleby in conjunction with the closing of escrow for the sale. Appearances are required on 2/26/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:00 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
(5) and to determine the nondischargeability of debt pursuant to §523(a)(6) fr. 5/15/18, 5/22/18, 3/12/19
Docket 1
Updated tentative ruling as of 4/29/19. Off calendar. Pretrial conference reset as a status conference on 5/7/19 at 1:30 p.m. No appearances are required on 4/30/19.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/22/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion for judgment on the pleadings. No appearances are required on 5/15/18.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
2:00 PM
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Application for fees and expenses [Peter J. Mastan, Chapter 7 Trustee]
Docket 187
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 4/30/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Albert Talassazan Represented By Kenderton S Lynch
Trustee(s):
Peter J Mastan (TR) Represented By Reem J Bello Jeffrey I Golden
Christopher J Green
2:30 PM
[Weiland Golden Goodrich LLP, Attorney for Chapter 7 Trustee]
Docket 186
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 4/30/19, but trustee and counsel may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Albert Talassazan Represented By Kenderton S Lynch
Trustee(s):
Peter J Mastan (TR) Represented By Reem J Bello Jeffrey I Golden
Christopher J Green
2:30 PM
Docket 679
Off calendar. Continued by stipulation and order to 5/28/19 at 2:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:30 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
Docket 34
Off calendar. The court has issued a written ruling on the motion after determining that oral argument is unnecessary, dispensing with it, taking the motion under submission and vacating the hearing. No appearances are required on 4/30/19.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
Docket 51
Treat trustee's motion objecting to Claim 4-1 of American Express National Bank, as resolved since trustee has withdrawn his motion objecting to that claim. .
Treat trustee's motions objecting to Claim 2-1 of Amanollah Nayson and Claim 5-1 of Shaun Toub as contested matters under FRBP 9014 and schedule pretrial proceedings, including discovery and pretrial conference. Parties should meet and confer regarding pretrial schedule. While the court is inclined to sustain trustee's objections to the declaration of Shaun Toub, the court will allow the declarant to amend his declaration to lay a foundation of personal knowledge.
Grant trustee's motions objecting to Claim 8-1 of 515 South Figueroa Street and Claim 10-1 of LVNV Funding, LLC, etc., for the reasons stated in the moving papers and for lack of timely written opposition.
Appearances are required on 4/30/19, but counsel may appear by telephone.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
George E Schulman
2:30 PM
Docket 52
Grant trustee's motions objecting to Claim 7-1 of Bijan Navidbakhsh, Claim 9-1 of Ruben Saidian and Claim 10-1 of Farshid Shohed for the reasons stated in the moving papers and for lack of timely written opposition.
Appearances are required on 4/30/19, but counsel may appear by telephone.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
George E Schulman
2:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Docket 69
Off calendar. The court on its own motion by prior order continues the hearing to 6/11/19 at 2:00 p.m. No appearances are required on 4/30/19.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
Defendant(s):
Ammec, Inc. Represented By
John Barriage
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:30 PM
Docket 152
Grant debtor's motion for order authorizing use of cash collateral through 10/31/19 for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 4/30/19, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Adv#: 2:18-01284 Fidelity National Title Insurance Company v. Griego
Docket 12
Off calendar. The court dispenses with oral argument, vacates the hearing, takes the motion and has issued a written ruling on the motion. No appearances are required on 4/30/19.
Debtor(s):
Nicholas Fernando Griego Pro Se
Defendant(s):
Nicholas Fernando Griego Pro Se
Movant(s):
Fidelity National Title Insurance Represented By
Karen A Ragland
Plaintiff(s):
Fidelity National Title Insurance Represented By
Karen A Ragland
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Adv#: 2:18-01283 Camel Financial, Inc. v. Bowes et al
Docket 28
Grant defendants' motion to set aside default for the reasons stated in the moving papers based on the court's consideration of the following factors as set forth in Falk v. Allen, 739 F.2d 461, 463 (9th Cir. 1984): (1) culpable conduct, while defendants may have been culpable in filing and serving their answer 5 days late, they have demonstrated excusable neglect in that they are self-represented parties and not attorneys, who intended to defend in this case since the answer is only 5 days late, and they were not familiar with the rules and requirements of an adversary proceeding (though the summons stated the deadline was 10/11/18); (2) the answer of defendant raises colorable defenses; and (3) there is no prejudice to plaintiff, other than a short delay in having to litigate and prove up defendants' liability. The court considers the second and third factors as entitled to more weight than the first factor of culpable conduct since plaintiff was aware that defendants might seek to set aside default, having been served with their answer only five days after the deadline. Appearances are required on 4/30, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Nicholas Bowes Pro Se
Defendant(s):
Nicholas Bowes Pro Se
Luddivina Bowes Pro Se
2:30 PM
Joint Debtor(s):
Luddivina Bowes Pro Se
Movant(s):
Nicholas Bowes Pro Se
Luddivina Bowes Pro Se
Plaintiff(s):
Camel Financial, Inc. Represented By Darren B. Landie Jerome S Demaree
Trustee(s):
John J Menchaca (TR) Pro Se
2:30 PM
Adv#: 2:18-01283 Camel Financial, Inc. v. Bowes et al
Docket 21
Updated tentative ruling as of 4/29/19. Deny plaintiff's motion for default judgment without prejudice on grounds that the court is granting defendants' motion to set aside default. Appearances are required on 4/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/1/19. The court notes that defendants have filed a motion to set aside default on 3/19/19, which is noticed for hearing on 4/30/19 at 2:30 p.m. Appearances are required on 4/2/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Nicholas Bowes Pro Se
Defendant(s):
Nicholas Bowes Pro Se
Luddivina Bowes Pro Se
Joint Debtor(s):
Luddivina Bowes Pro Se
2:30 PM
Plaintiff(s):
Camel Financial, Inc. Represented By Darren B. Landie Jerome S Demaree
Trustee(s):
John J Menchaca (TR) Pro Se
2:30 PM
Docket 143
Off calendar. Continued to 5/7/19 at 2:00 p.m. as a pretrial conference by oral ruling at hearing on 4/10/19. No appearances are required on 4/30/19.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Movant(s):
Joe Klein Represented By
Niv V Davidovich
Joe Klein Represented By
Niv V Davidovich
2:30 PM
Docket 248
Off calendar. Continued to 5/13/19 at 1:30 p.m. by prior order entered on 4/18/19. No appearances are required on 4/30/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
2:30 PM
Docket 209
Updated tentative ruling as of 4/29/19. Off calendar. The hearing is continued to 5/13/19 at 1:30 p.m. by stipulation and order entered on 4/18/19. No appearances are required on 4/30/19.
2:30 p.m. by stipulation and order entered on 3/14/19. No appearances are required on 4/8/19.
Prior tentative ruling as of 4/5/19. Off calendar. The hearing is continued to 4/30/19 at 2:30 p.m. by stipulation and order entered on 3/14/19. No appearances are required on 4/8/19.
Prior tentative ruling. he supporting declaration of Marvin Scheidt in the motion lacks a date of execution as required by 28 U.S.C. 1746(2) and needs to be corrected with an amended declaration filed and placed on the docket.
No tentative ruling on the appropriate minimum bid increments for the auction sale since it depends on proportionality, and the interests of the efficiency of the auction and the effectiveness of the auction in realizing value for the estate, and there is no information regarding proposed minimum bids for the properties in order for the court to meaningfully assess the proposed bid increments of $5,000 from the committee and $25,000 from the debtor.
The debtor agrees to the request of the committee that the proposed bid protections is subject to the condition that the stalking horse bidder is neither an insider nor an affiliate of the debtor, which condition is acceptable to the court.
The court notes that there was no objection to the proposed three percent breakup fee, which is acceptable to the court.
2:30 PM
Regarding the committee's request for clarification regarding the applicability of any credit bid to any uncumbered properties and the allocation of the purchase price on a property by property basis in the event of a credit bid by a secured lender, and debtor's response that the issues raised by the request are premature because such issues may not be ultimately raised if there is only one bid for the sale assets or the submitted bids only relate to indisputably encumbered properties. While debtor makes a valid point, it seems that in order that the sale be conducted with a minimum of contested litigation over the encumbered status of particular assets, it would seem that there should be information known by debtor or available to debtor through public database sources like Westlaw.
The committee has asked for clarification that two of the fifteen estate properties are unencumbered, and debtor in reply states that it does not have the financial ability to provide confirmation. Debtor should explain why it does not have information regarding encumberances on its properties, such as trust deeds, mortgages and property tax liens. Debtor should also explain its lack of ability to pay for preliminary title reports for the assets to be sold, or more reasonable cost alternatives, such as property profiles or Westlaw public database property reports, though the court also realizes that time is of the essence due to possible foreclosure activity by Great Rock. The court inquires of debtor how much information is known about the identity and extent of the liens and lienholders as to each property and whether this information has been or is being made available to prospective bidders. The court recognizes that the bidding parties will be responsible for their due diligence, and the court does agree with the committee in principle that a lienholder cannot credit bid on property it does not have a lien on, but the court feels that it would help if measures can be taken now to anticipate and minimize these allocation disputes.
Regarding the proposed form of notice to be provided to prospective buyers and other parties in interest, the form was supposed to be attached as Exhibit 1 to the reply, but it was not attached, so no tentative ruling on this item.
Regarding scheduling a sale hearing on or before April 9, 2019, the court can tentatively schedule a hearing of one hour for Tuesday April 9, 2019 at 11:00
2:30 PM
a.m. If additional time is needed, the court can schedule a hearing on Monday April 8, 2019.
Appearances are required on 3/5/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
2:30 PM
Docket 1
Updated tentative ruling as of 4/29/19. Off calendar. Continued to 5/13/19 at 1:30 p.m. by prior order entered on 4/18/19. No appearances are required on 4/30/19.
Prior tentative ruling as of 4/16/19. Off calendar. The court on its own motion continues the status conference to 4/30/19 at 2:30 p.m. to be conducted with the hearing on debtor's motion for an order approving sale of certain estate assets. No appearances are required on 4/17/19.
Prior tentative ruling as of 1/14/19. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
2:30 PM
Docket 54
Approve employment application of Law Offices of David Tilem as general bankruptcy counsel for debtor in possession for the reasons stated in the application and for lack of timely written objection. Appearances are optional on 4/30/19, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
David Lee Represented By
David A Tilem
2:30 PM
Docket 16
No tentative ruling as of 4/29/19. Appearances are required on 4/30/19.
Debtor(s):
Christopher Bryce Rembert Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
10:00 AM
fr. 8/8/18, 12/5/18, 12/12/18
Docket 2004
Off calendar. Continued on the court's own motion by prior order to 9/18/19 at 11:00 a.m. No appearances are required on 5/1/19.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
10:00 AM
L.L.P. for approval of fees and reimbursement of expenses for Kurt Ramlo, Debtor's Attorney, Period: 11/16/2015 to 5/6/2016, Fee: $618,081.00, Expenses: $44,014.52. fr. 6/6/18, 8/8/18, 12/5/18
Docket 2000
Off calendar. Continued on the court's own motion by prior order to 9/18/19 at 11:00 a.m. No appearances are required on 5/1/19.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
10:00 AM
Docket 1
Off calendar. Continued on the court's own motion by prior order to 9/18/19 at 11:00 a.m. No appearances are required on 5/1/19.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:00 AM
Docket 1
No tentative ruling as of 4/30/19. Appearances are required to discuss scheduling of further proceedings, including Phase 2 of the trial.
Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
Docket 479
Updated tentative ruling as of 4/30/19. No tentative ruling on the merits. The court is still deliberating on creditor Zehnaly's motion for reconsideration, which has an impact of other pending matters in this case, and has scheduled a hearing on this calendar regarding reconsideration of an evidentiary ruling on the trial of that matter. Appearances are optional on 5/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr. 12/19/18, 2/7/19, 4/10/19, 4/17/19
Docket 589
Updated tentative ruling as of 4/30/19. No tentative ruling on the merits. The court will hear argument regarding the tentative ruling on reconsidering the court's evidentiary rulings on creditor Zehnaly's trial exhibits 4-8.
Appearances are required on 5/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr. 2/6/19, 2/7/19, 4/10/19, 4/17/19
Docket 482
Updated tentative ruling as of 4/30/19. No tentative ruling on the merits. The court is still deliberating on creditor Zehnaly's motion for reconsideration, which has an impact of other pending matters in this case, and has scheduled a hearing on this calendar regarding reconsideration of an evidentiary ruling on the trial of that matter. Appearances are optional on 5/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
#8.00 Cont'd hearing re: Motion for approval of chapter 11 disclosure statement fr. 2/6/19, 2/7/19, 4/10/19, 4/17/19
Docket 157
Updated tentative ruling as of 4/30/19. No tentative ruling on the merits. The court is still deliberating on creditor Zehnaly's motion for reconsideration, which has an impact of other pending matters in this case, and has scheduled a hearing on this calendar regarding reconsideration of an evidentiary ruling on the trial of that matter. Appearances are optional on 5/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
#9.00 Cont'd status conference re: Management of chapter 11 case fr. 2/6/19, 2/7/19, 4/10/19, 4/17/19
Docket 1
Updated tentative ruling as of 4/30/19. No tentative ruling on the merits. The court is still deliberating on creditor Zehnaly's motion for reconsideration, which has an impact of other pending matters in this case, and has scheduled a hearing on this calendar regarding reconsideration of an evidentiary ruling on the trial of that matter. Appearances are optional on 5/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 109
Updated tentative ruling as of 4/30/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
fr. 4/17/19
Docket 115
Off calendar. Continued by stipulation and order to 5/8/19 at 11:00 a.m. No appearances are required on 5/1/19.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
Movant(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:00 AM
fr. 4/10/19, 4/17/19
Docket 72
No updated tentative ruling as of 4/30/19. Appearances are required on 5/1/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. The court has concerns regarding the adequacy of the information in the disclosure statement regarding bargain sales of debtor's accounts receivable and vehicle to its insider. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. Appearances are required on 4/10/19, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
Docket 1
Updated tentative ruling as of 4/30/19. No tentative ruling on the merits. Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
Docket 53
Updated tentative ruling as of 4/30/19. No tentative ruling on the merits. Creditor PennyMac Loan Services, LLC objects to confirmation on grounds that under 11 U.S.C. 1123(b)(5) the plan impermissibly modifies a loan which is secured by debtor's principal residence by proposing payment of prepetition loan arrears over 10 years. In response, debtor argues that he may cure his default on this loan under 11 U.S.C. 1123(a)(5)(G) and the proposed 10 year payment of prepetition arrearages is impermissible, citing In re Entz-White Lumber & Supply, Inc., 850 F.2d 1338 (9th Cir. 1988) and In re LaPorta, 578
B.R. 792 (Bankr. N.D. Ill. 2017). Neither party cites or discusses 11 U.S.C. 1123(d), which appears to be applicable here, and states: "Notwithstanding subsection (a) of this section and section 506(b), 1129(a)(7), and 1129(b) of this title, if it is proposed in a plan to cure a default the amount necesary to cure the default shall be determined in accordance with the underlying agreement and applicable nonbankruptcy law." When the payment is made affects how much, i.e., the amount, if one considers the time value of money, which is why the court is not so sure that the language of In re LaPorte, 578
B.R. 792 (Bankr. N.D. Ill. 2017) that 11 U.S.C. 1123(d) only applies to the amount of cure as to the time of cure is correct. See In re Fowler, 903 F.2d 694 (9th Cir. 1990). Debtor's reliance on Entz-White is questionable since it is reliant on pre-1994 law which amended 11 U.S.C. 1123(d). In re New Investments, Inc., 840 F.3d 1137 (9th Cir. 2016). PennyMac is an impaired creditor of nonaccepting Class 2, which did not vote, but its failure to cast a vote is not acceptance. In re M. Long Arabians, 103 B.R. 211 (9th Cir. BAP 1989); but see, In re Rudi-Sweetwater, Inc., 836 F.2d 1263 (10th Cir. 1988). Debtor must show that the nonconsenting secured creditor retains its lien and is receiving deferred payments until paid in full, i.e., receiving the present value of the deferred payments equals the present value of the property under 11 U.S.C. 1129(b)(2)(A)(i)(I) and (ll). As to the length of the payout, the court should look at 11 U.S.C. 1123(d) and look specifically whether the 10
11:00 AM
year payout on prepetition arrearages is consistent with the underlying agreement and applicable nonbankruptcy law, neither of which are really discussed in the parties' papers. Set an evidentiary hearing on a contested plan confirmation proceeding to determine whether debtor has met his burden of proving that his treatment of secured creditor PennyMac is fair and equitable under 11 U.S.C. 1129(b)(2)(A). Parties should be prepared to discuss their pretrial needs, including discovery. Appearances are required on 5/1/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. Appearances are required on 2/27/19, but counsel may appear by telephone.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes Luis A Solorzano
11:00 AM
Docket 1
Updated tentative ruling as of 4/30/19. No tentative ruling on the merits. Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes
11:00 AM
Docket 85
Off calendar. Continued by the court's oral ruling at a prior hearing to 5/29/19 at 11:00 a.m. No appearances are required on 5/1/19.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
Movant(s):
United States Trustee (LA) Represented By Hatty K Yip
11:00 AM
Docket 1
Updated tentative ruling as of 4/30/19. No tentative ruling on the merits. Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
San Pedro Waterfront LLC dba Ports Represented By
David R Haberbush
11:00 AM
Docket 1
Updated tentative ruling as of 4/30/19. No tentative ruling on the merits. Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
1:30 PM
fr. 1/29/19, 4/11/19
Docket 47
Updated tentative ruling as of 4/30/19. Off calendar. Debtors have filed a notice of voluntary dismissal of their motion because there is a pending motion to approve compromise between them and the trustee. No appearances are required on 5/1/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings since there are disputed issues of material fact relating to debtors' good faith in requesting dismissal or conversion. Scheduling of the trial of the matter may be affected due to a possible further government shutdown in three weeks, which may impact the operations of the judiciary. Appearances are required on 1/29/19, but counsel may appear by telephone.
Debtor(s):
Jose M BENITEZ Represented By Douglas A Crowder
Joint Debtor(s):
Cinthia BENITEZ Represented By Douglas A Crowder
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
Levene, Neale, Bender, Yoo & Brill LLP
1:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 4/16/19
Docket 540
No tentative ruling as of 4/29/19. Appearances are required on 5/2/19.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Ronald Rus
1:30 PM
Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Michael D. Smith Represented By Brian L Davidoff
Kamran Gharibian Represented By Brian L Davidoff
Daryoush Dayan Represented By Brian L Davidoff
Cathay Bank, a California Represented By Reed S Waddell
Jennifer Kellen Represented By
Michael D Sobkowiak
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson Jason Balitzer
9:00 AM
fr. 2/26/19
Docket 14
Updated tentative ruling as of 4/23/19. Off calendar. Continued by stipulation and order to 6/5/19 at 1:30 p.m. No appearances are required on 5/3/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding valuation of the subject real property. The court will set a schedule of pretrial and trial proceedings, including discovery and trial setting. The court notes that counsel for debtor has been suspended from practicing law for 6 months beginning 1/25/19 according to information on the state bar website. Appearances are required on 2/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Ciro L Perez Represented By
Peter L Lago
Joint Debtor(s):
Maria M Perez Represented By Peter L Lago
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
(Wells Fargo Bank National Association VS Debtor)
Docket 586
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 2 because debtor is not the borrower on the loan. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter Varand Gourjian
10:30 AM
Docket 422
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Deny requests for extraordinary relief in paragraphs 11 and 12 for lack of legal and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
Movant(s):
Bayview Loan Servicing LLC as Represented By
Dane W Exnowski
10:30 AM
Docket 75
Off calendar. Rescheduled to 5/14/19 at 10:30 a.m. by notice filed on 4/18/19. No appearances are required on 5/7/19.
Debtor(s):
Seven-Bros Enterprises, Inc. Represented By Robert S Marticello Gregory M Salvato
Trustee(s):
Rosendo Gonzalez Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Antoinette LaShon Taylor Represented By Daniel King
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
Docket 11
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 5/7/19, but counsel may appear by telephone.
Debtor(s):
Christina Marie Vigil Represented By Derik N Lewis
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Adv#: 2:14-01500 Rund Chapter 7 Trustee v. Chen et al
fr. 11/27/18, 1/15/19, 4/9/19
Docket 1
Updated tentative ruling as of 5/6/19. No tentative ruling on the merits. Appearances are required on 5/7/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Revised tentative ruling as of 4/8/19. Off calendar. Continued by stipulation and order to 5/7/19 at 1:30 p.m. No appearances are required on 4/9/19.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding, specifically to discuss whether they can be coordinated with further proceedings in the related adversary proceedings involving debtor's attorneys and Microland.
Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 8/31/15 and set a post-discovery status conference for 9/29/15 at 1:30 p.m. The parties are ordered to conduct FRBP 7026 conference by 3/31/15. Order the matter to
1:30 PM
mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 3/31/15 and to complete mediation by 9/29/15. Appearances are required on 2/3/15, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Yian Chen Pro Se
Shavonne Tran Pro Se
Doron Stephen Pro Se
DSI Computers, Inc., a California Pro Se
Plaintiff(s):
Jason Rund Chapter 7 Trustee Represented By Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 56
Updated tentative ruling as of 5/6/19. Off calendar. Continued to 5/29/19 at 1:30 p.m. by prior order. No appearances are required on 5/7/19.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 35
Updated tentative ruling as of 5/6/19. Off calendar. Continued to 5/29/19 at 1:30 p.m. by prior order. No appearances are required on 5/7/19.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Continued on the court's own motion to 3/12/19 at 2:30
p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 5/22/18, 3/12/19, 4/30/19
Docket 1
Updated tentative ruling as of 5/6/19. Off calendar. Continued to 5/29/19 at 1:30 p.m. by prior order. No appearances are required on 5/7/19.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/22/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion for judgment on the pleadings. No appearances are required on 5/15/18.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:18-01283 Camel Financial, Inc. v. Bowes et al
fr. 11/13/18, 3/5/19
Docket 1
Updated tentative ruling as of 5/6/19. Off calendar. Continued to 9/17/19 at 1:30 p.m. by prior order. No appearances are required on 5/7/19.
Prior tentative ruling as of 3/4/19. Off calendar. The court has reviewed plaintiff's unilateral status report. The court on its own motion continues the status conference to 5/7/19 at 1:30 p.m. in order to allow time for plaintiff to prepare and file a motion for default judgment. No appearances are required on 3/5/19.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 11/13/18.
Debtor(s):
Nicholas Bowes Pro Se
Defendant(s):
Nicholas Bowes Pro Se
Luddivina Bowes Pro Se
Joint Debtor(s):
Luddivina Bowes Pro Se
1:30 PM
Plaintiff(s):
Camel Financial, Inc. Represented By Darren B. Landie Jerome S Demaree
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Adv#: 2:18-01379 Avery v. Prototype Engineering & Manufacturing, Inc. et al
Docket 40
No tentative ruling as of 5/6/19. Appearances are required on 5/7/19, but counsel may appear by telephone.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Prototype Engineering & Pro Se
Bahram Bordbar Represented By Brian L Davidoff
C John M Melissinos
Malahat Bordbar Represented By Brian L Davidoff
C John M Melissinos
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay Irving M Gross
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo
1:30 PM
Carmela Pagay
2:00 PM
Adv#: 2:14-01502 Rund, Chapter 7 Trustee v. Microland Electronics Corporation, a California
and Abetting Breach of Fiduciary Duty; 5. Intentional Interference with Prospective Economic Advantage; and 6. Negligent Interference with Prospective Economic Advantage [11 U.S.C. §§544, 547, 548(a)(1)(A) and (B), 550(a)(1) and
(2) and California Civil Code §3439, et seq.] fr. 5/29/18, 11/27/18, 2/26/19
Docket 1
Updated tentative ruling as of 5/6/19. Off calendar. Continued to 9/17/19 at 1:30 p.m. by stipulation and order. No appearances are required on 5/7/19.
Prior tentative ruling as of 11/27/17. No tentative ruling on the merits. The court has reviewed the joint status report and intends to discuss scheduling of further proceedings in this adversary proceeding, specifically to discuss whether they can be coordinated with further proceedings in the related adversary proceedings involving debtor's insiders and attorneys.
Appearances are required on 11/28/17, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. No tentative ruling on the merits. Appearances are required on 8/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 4/10/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 4/11/17 to discuss scheduling of further proceedings, including possible coordination with litigation in Rund v. Lee adversary proceeding, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 9/30/15 and set a
2:00 PM
post-discovery status conference for 10/27/15 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 3/31/15 and to complete mediation by 10/27/15. Appearances are required on 2/3/15, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Microland Electronics Corporation, Pro Se
Plaintiff(s):
Jason M. Rund, Chapter 7 Trustee Represented By
Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:17-01158 Carter et al v. Martinez
[11 U.S.C. § 523 (a)2)(A) & (6)]
fr. 7/10/18, 9/4/18, 11/13/18, 2/5/19
Docket 1
Updated tentative ruling as of 5/6/19. Off calendar. Continued to 6/25/19 at 2:00 p.m. by stipulation and order. No appearances are required on 5/7/19.
Prior tentative ruling as of 2/4/18. No tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling as of 6/19/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Lance Carter Represented By
2:00 PM
Dana M Douglas
Jean Holmes Represented By
Dana M Douglas
Carriage Estates LLC Represented By Dana M Douglas
Adamantine Investments LLC Represented By Dana M Douglas
Sterling Holdings LLC Represented By Dana M Douglas
Lance Carter IRA 419990 Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01246 Conchucos v. U.S. DEPARTMENT OF EDUCATION C/O FEDLOAN
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order by reason of settlement. No appearances are required on 5/7/19.
Debtor(s):
Rafael H. Conchucos Represented By Shirlee L Bliss
Defendant(s):
U.S. DEPARTMENT OF Pro Se
Joint Debtor(s):
Diana Conchucos Represented By Shirlee L Bliss
Plaintiff(s):
Diana Conchucos Represented By Shirlee L Bliss
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Docket 85
No updated tentative ruling as of 5/6/19. Appearances are required on 5/7/19, but counsel may appear by telephone.
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling. Treat the motion as a contested matter because there are disputed issues of material fact whether cause exists for appointment of a Chapter 11 trustee under 11 U.S.C. 1104(a). The court will set a litigation schedule of pretrial and trial proceedings, including discovery, at the hearing, which will be treated as a status conference. Counsel should discuss their pretrial needs with each other before the hearing. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
2:00 PM
Docket 143
No tentative ruling as of 5/6/19. Appearances are required on 5/7/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Movant(s):
Joe Klein Represented By
Niv V Davidovich
Joe Klein Represented By
Niv V Davidovich
2:00 PM
Docket 131
Revised tentative ruling as of 5/7/19. Off calendar. Motion resolved by stipulation for adequate protection and order thereon. No appearances are required on 5/7/19.
Prior tentative ruling as of 4/1/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Appearances are required on 4/2/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19 at 3:30 p.m. Off calendar. Continued by stipulation and order to 4/2/19 at 10:30 a.m. No appearances are required on 3/26/19.
Prior tentative ruling as of 3/25/19 at 1:00 p.m. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted
2:00 PM
online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
2:00 PM
fr. 4/30/19
Docket 142
The court was inclined to deny the stay relief motion at this time because of the limited and summary nature of a stay relief proceeding to determine whether movant as a creditor should be release from the stay to argue the merits of his claim in a separate proceeding. In re Griffin, 719 F.3d 1126, 1128 (9th Cir. 2013). Granting stay relief will require a determination of issues relating to the merits of movant's claim, such as whether the subject property is community property or not, whether there are reasonable prospects of reorganization and whether debtor filed the bankruptcy case in good faith, which are issues that will be determined in other proceedings pending before the court, that is, on movant's motion to dismiss and motion to appoint a Chapter 11 trustee, and debtor's motion to avoid movant's judgment lien. Appearances are required on 5/7/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Movant(s):
Joe Klein Represented By
Niv V Davidovich
Joe Klein Represented By
Niv V Davidovich
2:00 PM
fr. 2/5/19, 4/2/19, 4/10/19
Docket 96
Updated tentative ruling as of 5/6/19. Based on In re Dingley, 852 F.3d 1143 (9th Cir. 2017), the court was inclined to grant the motion in part and deny it in part. Grant in part as to movant's efforts regarding the public policy interest of the state court to deter litigation misconduct, such as making a remedial award of attorneys' fees to movant for debtor's willful failure to obey the state court's turnover order, but deny in part to seeking turnover itself since movant has not shown that the judgment levy was effective in complying with the actual seizure requirement of California Commercial Code Section 8112(a).
Appearances are required on 5/7/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No updated tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/1/19. No updated tentative ruling on the merits. Appearances are required on 4/2/19, but counsel may appear by telephone,
Prior tentative ruling as of 2/4/19. No updated tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone,
Prior tentative ruling. Service of the motion is deficient since there is no proof of service on the 20 largest unsecured creditors as required by FRBP 4001(a)
and 1007(d). The motion appears to be a contested matter under FRBP 9014 with respect to the purpose of stay relief to allow the civil contempt proceeding to go forward in state court whether for the purpose of collecting on the judgment and vindicating private rights or for the purpose of effectuating public policy to deter "unprofessional conduct." In re Dingley, 852 F.3d 1143, 1146-1147 (9th Cir. 2017); see also, Kukui Gardens Corp. v. Holco Capital Group, Inc., 675 F.Supp.2d 1016, 1025-1029 (D. Haw. 2009).
2:00 PM
Most likely, the court will have to set an evidentiary hearing after proper notice is given to creditors. Appearances are required on 1/8/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
2:30 PM
fr. 4/16/19
Docket 48
Updated tentative ruling as of 5/6/19. Deny motion without prejudice for lack of standing because movant has not shown that she is the representative of the probate estate to exercise of the powers of an estate administrator, which requires her to be: 1) the executor, (2) administrator with will annexed, (3) administrator, or (4) special administrator. See California Probate Code Sections 8420, 8440, 8460(a) and 8540(a), cited in Ross and Cohen, Rutter Group California Practice Guide: Probate, paragraph 3:326 (2018). Movant as trustee of debtors' revocable living trust does not give her standing to act as the probate estate administrator, and movant has not provided legal authority showing that she has such standing. Movant probably needs to get an appointment from the probate court as a special administrator to represent the estate in litigation, such as this bankruptcy case. See Ross and Cohen, Rutter Group California Practice Guide: Probate, paragraph 14:1 et seq.
Appearances are required on 5/7/19, but counsel may appear by telephone.
Prior tentative ruling. The moving papers are deficient because movant has not demonstrated standing to act on behalf of debtors as the administrator of their probate estates as she has not provided copies of the probate court's orders appointing her as the administrator of the probate estates (i.e., letters testamentary). Deny the motion without prejudice unless movant provides the court with copies of the probate court's orders appointing her as the administrator. Appearances are required on 4/16/19, but counsel may appear by telephone.
Debtor(s):
Alphonso Rowe Ferguson Represented By
Michelle A Marchisotto
2:30 PM
Sundee M Teeple
Joint Debtor(s):
Ruby Lee Ferguson Represented By
Michelle A Marchisotto Sundee M Teeple
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Docket 177
Grant trustee's motion to approve compromise with Microland Electronics Corp. for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 5/7/19, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H McGuire Irwin M Wittlin
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
2:30 PM
Application for fees and expenses [Wesley H. Avery, Chapter 7 Trustee]
Docket 71
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 5/7/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Alcide J Monroe III Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Joseph E. Caceres
2:30 PM
[Caceres & Shamash, LLP, Attorney for Chapter 7 Trustee]
Docket 68
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/7/19, but trustee and counsel may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Alcide J Monroe III Pro Se
Movant(s):
Wesley H Avery (TR) Represented By Joseph E. Caceres
Trustee(s):
Wesley H Avery (TR) Represented By Joseph E. Caceres
2:30 PM
[Robinson Consulting, Accountant for Chapter 7 Trustee]
Docket 69
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/7/19, but trustee, applicant, counsel may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Alcide J Monroe III Pro Se
Movant(s):
Robinson Consulting Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Joseph E. Caceres
2:30 PM
Docket 425
Grant debtor-in-possession's motion to approve compromise with JP Morgan Chase Bank for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 5/7/19, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
2:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
fr. 12/11/18, 1/29/19, 2/26/19
Docket 32
Off calendar. Continued to 6/11/19 at 2:30 p.m. by stipulation and order. No appearances are required on 5/7/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
2:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
Violation Of Fair Debt Collection Practices Act fr. 10/16/18, 1/8/19, 3/5/19
Docket 1
Updated tentative ruling as of 5/6/19. Off calendar. Continued to 7/30/19 at 2:30 p.m. by stipulation and order. No appearances are required on 5/7/19.
Prior tentative ruling as of 1/7/19. Off calendar. Continued by stipulation and order to 3/5/19 at 1:30 p.m. No appearances are required on 1/8/19.
Prior tentative ruling as of 4/30/18. No tentative ruling on the merits. Appearances are required on 5/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. Off calendar. The court on its own motion continues the status conference to 3/20/18 at 3:00 p.m. A separate order is being entered. No appearances are required on 2/27/18.
Prior tentative ruling. The court has reviewed the joint status report and also notes on the case docket that there is a hearing on the motion of defendant JP Morgan Chase Bank, N.A. to dismiss plaintiff's amended complaint on 2/27/18 at 3:00 p.m., which may have an impact on scheduling in this adversary proceeding. Therefore, the court on its own motion continues the
2:30 PM
status conference to 2/27/18 at 3:00 p.m. to be conducted with the hearing on the motion to dismiss the amended complaint. No appearances are required on 2/13/18.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
JPMORGAN CHASE BANK, N.A. Pro Se QUALITY LOAN SERVICE Pro Se
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
2:30 PM
Docket 300
Grant creditor's motion to file late and deem timely its proof of claim for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 5/7/19, but counsel may appear by telephone. Creditor to submit a proposed order within 7 days of hearing.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz
Trustee(s):
Wesley H. Avery Represented By
Kristofer R McDonald Richard A Marshack D Edward Hays
David Wood
2:30 PM
Adv#: 2:18-01464 Neuger et al v. Salke
Docket 17
Off calendar. Continued on the court's own motion by prior order to 5/14/19 at 11:00 a.m. No apeparances are required on 5/7/19.
Debtor(s):
Alan Eugene Salke Represented By Simon Aron
Defendant(s):
Alan Eugene Salke Represented By Simon Aron
Plaintiff(s):
Win Neuger Represented By
J Scott Bovitz
Marshall Manley Represented By J Scott Bovitz
Peter A. Feinstein, M.D. Represented By J Scott Bovitz
Marshall Manley, Administrator of Represented By
J Scott Bovitz
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
Adv#: 2:18-01464 Neuger et al v. Salke
fr. 3/5/19, 4/2/19
Docket 1
Updated tentative ruling as of 5/6/19. Off calendar. Continued on the court's own motion by prior order to 5/14/19 at 11:00 a.m. No apeparances are required on 5/7/19.
Prior tentative ruling as of 4/1/19. Plaintiff filed a notice of motion on 3/23/19 for his motion for default judgment filed on 3/19/19 which purportedly notices the motion for hearing on 4/2/19 at 2:30 p.m. The notice of motion is not proper under LBR 9013-1(d) which requires 21 days notice of hearing, and the 14-day notice period for notice and opportunity to request hearing pursuant to LBR 9013-1(o) has not passed yet. Moreover, plaintiff has failed to serve a judge's copy of the moving papers on the presiding judge as required by LBR 5005-2(d). The court will not consider the motion for default judgment because it is defectively noticed and a judge's copy of the moving papers is properly served. The court will likely continue the status conference to a date after the motion for default judgment is properly noticed or plaintiff requests granting of the motion based on the lack of timely opposition to the motion and request for hearing. Appearances are required on 4/2/19, but counsel may appear by telephone.
Debtor(s):
Alan Eugene Salke Represented By Simon Aron
Defendant(s):
Alan Eugene Salke Pro Se
2:30 PM
Plaintiff(s):
Win Neuger Represented By
J Scott Bovitz
Marshall Manley Represented By J Scott Bovitz
Peter A. Feinstein, M.D. Represented By J Scott Bovitz
Marshall Manley, Administrator of Represented By
J Scott Bovitz
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 5/6/19. The court has reviewed creditor Emma Borges's unilateral status report on mediation. No tentative ruling on the merits. Appearances are required on 5/8/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed debtor's status report and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. The court has reviewed debtor's status report suggesting a continued status conference in about 60 days. No tentative ruling on the merits. Appearances are required on 3/7/18 to hear from other parties on status, including compliance with United States Trustee requirements, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
fr. 11/14/18, 11/28/18, 1/30/19
Docket 103
Revised tentative ruling as of 5/6/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 5/8/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Updated tentative ruling as of 11/26/18. Although not cited in their papers, the parties should be prepared to discuss the factors setting forth the standard in this circuit for permissive abstention in In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). See also, In re Szanto, 2016 WL
3256989 (9th Cir. BAP 2016); In re Roger, 2015 WL 7566647 (C.D. Cal.
2015). It seems to the court that the court should permissively abstain and stay the proceedings long enough to allow the state courts to determine on the merits creditor's claims pending in the state court actions which raise substantively noncore, state law claims, for the reasons stated in the court's rulings on creditor's remand motions. It would be helpful for the parties to report on the status of the proceedings in the state court actions because the papers are not informative about that. Appearances are required on 11/28/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 11/5/18. Off calendar. Continued on the court's own motion to 11/14/18 at 11:00 a.m. No appearances are required on 11/7/18.
11:00 AM
Prior tentative ruling. Continued on the court's own motion by written order to 11/7/18 at 10:00 a.m. No appearances are required on 10/24/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Docket 1
Revised tentative ruling as of 5/6/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 5/8/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 5/15/18 will not be approved since this court generally requires at least 60 days notice to creditors of a claims bar date. The estimated administrative expenses in this case stated in the status report for $250,000 to $350,000 seem high, especially since debtors' budget motion and income and expense statements showing net income of about $1,700 per month do not show that debtors have the ability to afford such expenses.
There should be some explanation why the large amount of professional fee expenses estimated in the status report are needed in this case, and how debtors will be able to pay for these expenses (i.e., are they selling their real property to raise funds to pay for these fees). Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By
11:00 AM
Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
(4) for declaratory relief requesting adjudication of pending state court lawsuits fr. 10/16/18, 1/8/19, 1/30/19
Docket 1
Revised tentative ruling as of 5/6/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 5/8/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. Off calendar. By order entered on 12/7/18, the status conference has been reset for 1/30/19 at 1:30 p.m. No appearances are required on 1/8/19.
Prior tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Pro Se
Shabnam Mesachi Pro Se
Joint Debtor(s):
Shabnam Mesachi Represented By
11:00 AM
Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
11:00 AM
fr. 4/17/19, 5/1/19
Docket 115
Treat the motion objecting to claim as a contested matter under FRBP 9014 and set a schedule of pretrial proceedings, including discovery, since there are disputed issues of material fact. Parties should confer regarding an appropriate schedule if they can. Appearances are required on 5/8/19, but counsel may appear by telephone.
Creditor may be entitled to its claim for attorneys' fees under 11 U.S.C. 506(b) pursuant to contract based on its loan agreement secured by deed of trust, which were upheld as valid in the state court litigation. The four elements for a claim under 11 U.S.C. 506(b) are: (1) its claim is an allowed secured claim;
it is an oversecured creditor; (3) the fees it asserts are reasonable; and (4) the fees it asserts are provided for under an agreement under which such claim arose, or the fees are provided for under a state statute under which the creditor's claim arose. In re Astle, 364 B.R. 735, 741 (Bankr. D. Idaho 2007). The claim is an allowed secured claim based on the state court judgment, though the judgment is on appeal. The creditor is an oversecured creditor, which is not in dispute. The reasonableness of the fees it asserts is in material dispute. Creditor has only submitted redacted versions of its counsel's fee statements, which do not provide sufficient information for the court to review for reasonableness. Creditor must file unredacted versions, or submit unredacted versions in camera with a privilege log if creditor claims that the reacted matter is privileged. Debtor as the objecting party must carry its burden of explaining what in the fee statements are unreasonable or at least what would be reasonable under the circumstances. In re Koncicky, 2007 WL 7540997 (9th Cir. BAP 2007)(unpublished memorandum opinion) (citation omitted). Debtor has the responsibility to challenge the information and provide evidence controverting that produced by creditor. Id. Debtor has not met this burden. The fees that creditor asserts are provided by the loan
11:00 AM
agreement between it and its borrower providing for reasonable attorneys' fees if it incurs or pays to maintain, protect or enforce its rights under the loan agreement as secured by the deed of trust. Exhibits A and C to Favela Declaration. Case law in California allows such fees to be added to the balance under the promissory note secured by trust deed. Chacker v.
JPMorgan Chase Bank, N.A., 27 Cal.App.5th 351, 356-358 (2018). However, there is no separate award of attorneys' fees authorized by statute, such as California Civil Code 1717 because debtor is not a signatory to the contract in the loan agreement and creditor has not otherwise shown that it would have been liable for the fees of the opposing party if the opposing party had prevailed. Asphalt Professionals, Inc. v. Davis (In re Davis), 595 B.R. 818, 837 (Bankr. C.D. Cal. 2019), citing, Dell Merk, Inc. v. Franzia, 132 Cal.App.4th 443, 441 (2005). Thus, creditor will need to submit fully unredacted copies of its fee statements to the court, and debtor will need to explain what in the fee statements are unreasonable and/or produce evidence showing that the fees are unreasonable.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
Movant(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:00 AM
Docket 111
Generally, the court does not issue a tentative ruling on the merits of a motion heard on shortened notice. The court in this instance has a question regarding debtors' claim of irreparable harm, which is unclear to the court since the creditor's claim whether the arbitration award remains confirmed or unconfirmed, it is still a general unsecured claim. The only difference it appears to the court is that debtors may want to relitigate the merits of the claim in this court if the proceedings to confirm the arbitrator's award is stayed and the award remains unconfirmed. If this is the case, the court would reaffirm its prior ruling regarding permissive abstention and stay relief.
Appearances are required on 5/8/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
1:30 PM
Docket 209
Updated tentative ruling as of 5/13/19. No tentative ruling on the merits. Appearances are required on 5/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/29/19. Off calendar. The hearing is continued to 5/13/19 at 1:30 p.m. by stipulation and order entered on 4/18/19. No appearances are required on 4/30/19.
2:30 p.m. by stipulation and order entered on 3/14/19. No appearances are required on 4/8/19.
Prior tentative ruling as of 4/5/19. Off calendar. The hearing is continued to 4/30/19 at 2:30 p.m. by stipulation and order entered on 3/14/19. No appearances are required on 4/8/19.
Prior tentative ruling. he supporting declaration of Marvin Scheidt in the motion lacks a date of execution as required by 28 U.S.C. 1746(2) and needs to be corrected with an amended declaration filed and placed on the docket.
No tentative ruling on the appropriate minimum bid increments for the auction sale since it depends on proportionality, and the interests of the efficiency of the auction and the effectiveness of the auction in realizing value for the estate, and there is no information regarding proposed minimum bids for the properties in order for the court to meaningfully assess the proposed bid increments of $5,000 from the committee and $25,000 from the debtor.
The debtor agrees to the request of the committee that the proposed bid protections is subject to the condition that the stalking horse bidder is neither an insider nor an affiliate of the debtor, which condition is acceptable to the court.
1:30 PM
The court notes that there was no objection to the proposed three percent breakup fee, which is acceptable to the court.
Regarding the committee's request for clarification regarding the applicability of any credit bid to any uncumbered properties and the allocation of the purchase price on a property by property basis in the event of a credit bid by a secured lender, and debtor's response that the issues raised by the request are premature because such issues may not be ultimately raised if there is only one bid for the sale assets or the submitted bids only relate to indisputably encumbered properties. While debtor makes a valid point, it seems that in order that the sale be conducted with a minimum of contested litigation over the encumbered status of particular assets, it would seem that there should be information known by debtor or available to debtor through public database sources like Westlaw.
The committee has asked for clarification that two of the fifteen estate properties are unencumbered, and debtor in reply states that it does not have the financial ability to provide confirmation. Debtor should explain why it does not have information regarding encumberances on its properties, such as trust deeds, mortgages and property tax liens. Debtor should also explain its lack of ability to pay for preliminary title reports for the assets to be sold, or more reasonable cost alternatives, such as property profiles or Westlaw public database property reports, though the court also realizes that time is of the essence due to possible foreclosure activity by Great Rock. The court inquires of debtor how much information is known about the identity and extent of the liens and lienholders as to each property and whether this information has been or is being made available to prospective bidders. The court recognizes that the bidding parties will be responsible for their due diligence, and the court does agree with the committee in principle that a lienholder cannot credit bid on property it does not have a lien on, but the court feels that it would help if measures can be taken now to anticipate and minimize these allocation disputes.
Regarding the proposed form of notice to be provided to prospective buyers and other parties in interest, the form was supposed to be attached as Exhibit 1 to the reply, but it was not attached, so no tentative ruling on this item.
1:30 PM
Regarding scheduling a sale hearing on or before April 9, 2019, the court can tentatively schedule a hearing of one hour for Tuesday April 9, 2019 at 11:00
a.m. If additional time is needed, the court can schedule a hearing on Monday April 8, 2019.
Appearances are required on 3/5/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
1:30 PM
fr. 4/30/19
Docket 248
No tentative ruling as of 5/13/19. Appearances are required on 5/13/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
1:30 PM
Docket 1
Updated tentative ruling as of 5/13/19. No tentative ruling on the merits. Appearances are required on 5/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Off calendar. The court on its own motion continues the status conference to 4/30/19 at 2:30 p.m. to be conducted with the hearing on debtor's motion for an order approving sale of certain estate assets. No appearances are required on 4/17/19.
Prior tentative ruling as of 1/14/19. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:30 AM
(The Bank of New York Mellon VS Debtor)
Docket 430
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition, except the limited opposition of debtor, which does not oppose granting of t he motion, except with respect to waiver of the 14-day on enforcement of the stay relief order and any finding that the bankruptcy case was filed in bad faith.
Since there is no good reason why the 14-day waiting period under FRBP 4001(a)(3) should not be waived as there is no substantive opposition to the motion, grant the waiver.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Appearances are required on 5/14/19, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
Docket 232
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition.
No tentative ruling on request for extraordinary relief in paragraph 3 for stay annulment for lack of sufficient showing of entitlement for relief under the standards of In re Gasprom, Inc., 500 B.R. 598, 607 (9th Cir. BAP 2013).
The motion does not say why stay annulment is needed and why it is justified.
Deny request for extraordinary relief in paragraph 6 for lack of legal and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Good Clothing, Inc. Represented By
M. Jonathan Hayes Roksana D. Moradi-Brovia
10:30 AM
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
fr. 5/7/19
Docket 75
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1), including stay annulment, to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Seven-Bros Enterprises, Inc. Represented By Robert S Marticello Gregory M Salvato
Trustee(s):
Rosendo Gonzalez Pro Se
10:30 AM
Docket 31
No updated tentative ruling as of 5/13/19. Appearances are required on 5/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/8/19. Off calendar. Continued by stipulation and order to 5/14/19 at 10:30 a.m. No appearances are required on 4/9/19.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/12/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/15/19. No tentative ruling on the merits. Appearances are required on 2/19/19 to discuss scheduling of further proceedings if debtor has obtained competent and admissible evidence of valuation, but counsel may appear by telephone.
Prior tentative ruling. The court is inclined to grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition in that debtor's opposition was not timely filed at least 14 days before the hearing as required by Local Bankruptcy Rule 9013-1. The opposition was filed on 1/3/19, only 5 days before hearing.
Movant has made a prima facie showing of cause under 11 U.S.C. 362(d)(1) indicating the lack of adequate protection based on the $1,700,000 valuation admitted by debtor in his bankruptcy schedules, the amount of the lien being
$1,534,453.00 and estimated 8% cost of sale of $136,000.00, leaving net equity of $29,547.00, which is being eroded by a long and continuing failure to pay monthly mortgage payments of $7,939.71, debtor has not made monthly mortgage payments for at least 112 months, this bankruptcy case is
10:30 AM
a Chapter 7 liquidation case, the Chapter 7 trustee has not opposed the motion, apparently determining the lack of net realizable equity for creditors based on movant's valuation, and thus, there is no bankruptcy purpose to keeping the stay in place to administer the asset in this case.
Debtor's opposition is not supported by competent and admissible evidence of valuation. The opinions of valuation in the opposition are not under declaration of penalty of perjury in accordance with 28 U.S.C. 1746(2). The qualifications of the valuation witnesses are not stated in the opposition showing that a qualified expert witness is rendering the opinion. Moreover, there is no scientifically validated method of valuation demonstrated in the valuation opinion, such as based on the sales comparable method of valuation. To the extent that debtor is relying his own opinion as the owner of the subject property, the court accords such opinion little, if any, weight because the opinion is conclusory and not credible unless it is based on same critical analysis as an independent real estate appraiser using the sales comparable or other scientifically valid method of valuation. In re Meeks, 349
B.R. 19, 22 (Bankr. E.D. Cal. 2006).
The court is inclined to grant the motion for the reasons set forth in this tentative ruling, but would consider continuing the matter for an evidentiary hearing on valuation if debtor retains an independent real property appraiser who provides a written valuation report based on scientifically valid methods of valuation and is called to testify at the evidentiary hearing and is subject to cross-examination by movant.
Appearances are required on 1/8/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Joseph West Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Roneika Shavonne Green Represented By
Raj T Wadhwani
Movant(s):
KING OF CREDIT FINANCIAL, Represented By
Vincent V Frounjian
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jacqueline L Hurtado Represented By Christie Cronenweth
Movant(s):
Kinecta Federal Credit Union Represented By
Bruce P. Needleman
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2), including stay annulment, to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14- day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Gaspar Roberto Garcia II Pro Se
Movant(s):
Triumph Management Company Represented By
Agop G Arakelian
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 22
No tentative ruling will be issued on the motion heard on shortened notice. Appearances are required on 5/14/19, but counsel may appear by telephone.
Debtor(s):
Kyle Wayne Davis Represented By Armen Shaghzo
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Adv#: 2:18-01464 Neuger et al v. Salke
Docket 17
No tentative ruling as of 5/13/19. The court will discuss the concerns raised in its order of May 3, 2019 and will discuss the need for plaintiffs to show how they are entitled to judgment based on collateral estoppel (not clear under what law the court should apply here since the prior judgment was based on common law claims under state law rendered by a federal district court exercising diversity jurisdiction, and under what state law since the plaintiffs have diverse citizenship). Appearances are required on 5/14/19, but counsel may appear by telephone.
Debtor(s):
Alan Eugene Salke Represented By Simon Aron
Defendant(s):
Alan Eugene Salke Represented By Simon Aron
Plaintiff(s):
Win Neuger Represented By
J Scott Bovitz
Marshall Manley Represented By J Scott Bovitz
Peter A. Feinstein, M.D. Represented By J Scott Bovitz
Marshall Manley, Administrator of Represented By
11:00 AM
Trustee(s):
J Scott Bovitz
Sam S Leslie (TR) Pro Se
11:00 AM
Adv#: 2:18-01464 Neuger et al v. Salke
fr. 3/5/19, 4/2/19, 5/7/19
Docket 1
Updated tentative ruling as of 5/13/19. No tentative ruling on the merits. Appearances are required on 5/14/19, but counsel may appear by telephone.
No tentative ruling as of 4/1/19. Plaintiff filed a notice of motion on 3/23/19 for his motion for default judgment filed on 3/19/19 which purportedly notices the motion for hearing on 4/2/19 at 2:30 p.m. The notice of motion is not proper under LBR 9013-1(d) which requires 21 days notice of hearing, and the 14-day notice period for notice and opportunity to request hearing pursuant to LBR 9013-1(o) has not passed yet. Moreover, plaintiff has failed to serve a judge's copy of the moving papers on the presiding judge as required by LBR 5005-2(d). The court will not consider the motion for default judgment because it is defectively noticed and a judge's copy of the moving papers is properly served. The court will likely continue the status conference to a date after the motion for default judgment is properly noticed or plaintiff requests granting of the motion based on the lack of timely opposition to the motion and request for hearing. Appearances are required on 4/2/19, but counsel may appear by telephone.
Debtor(s):
Alan Eugene Salke Represented By Simon Aron
Defendant(s):
Alan Eugene Salke Pro Se
11:00 AM
Plaintiff(s):
Win Neuger Represented By
J Scott Bovitz
Marshall Manley Represented By J Scott Bovitz
Peter A. Feinstein, M.D. Represented By J Scott Bovitz
Marshall Manley, Administrator of Represented By
J Scott Bovitz
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Adv#: 2:19-01008 Magleby v. Levine et al
fr. 3/26/19
Docket 1
Updated tentative ruling as of 5/13/19. Off calendar. Continued by stipulation and order to 6/25/19 at 1:30 p.m. No appearances are required on 5/14/19.
Prior tentative ruling. Continued by stipulation and order to 5/14/19 at 1:30
p.m. No appearances are required on 3/26/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
Defendant(s):
Marci R. Levine Pro Se
April M. Zonnis Pro Se
Summers, Levine & Kretzmer, LLP Pro Se Cindy S. Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
Docket 40
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 5/14/19, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:18-01032 Sarafin v. Valdovinos et al
fr. 4/17/18, 7/31/18, 3/13/19
Docket 1
Updated tentative ruling as of 7/30/18. Set discovery cutoff date of 2/28/19 and a post-discovery status conference on 3/13/19 at 1:30 p.m. A joint status report is due on 3/6/19. Order this matter to mediation, and parties to select a mediator and an alternate by 9/30/18 and complete mediation by 3/13/19.
Plaintiff to submit a proposed scheduling order within 7 days of hearing. Appearances are required on 7/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/18. No tentative ruling on the merits. Appearances are required on 4/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report and continues the status conference on its own motion to 4/17/18 at 2:30 p.m., the date of the hearing on the motion to dismiss (the court will also advance the hearing on the motion to dismiss to 2:30 p.m.). No appearances are required on 4/10/18. Counsel for plaintiff is to give notice to counsel for defendants.
Debtor(s):
Alfonso Spindola Valdovinos Represented By William Radcliffe
1:30 PM
Defendant(s):
Alfonso Spindola Valdovinos Pro Se
Isabel Valdovinos Pro Se
DOES 1 through 100, inclusive Pro Se
Joint Debtor(s):
Isabel Valdovinos Represented By William Radcliffe
Plaintiff(s):
Dory Sarafin Represented By
Robert P Goe
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:18-01213 Grand View Financial, LLC v. Hanes
Docket 1
Updated tentative ruling as of 5/13/19. Off calendar. Continued by stipulation and order to 5/28/19 at 2:00 p.m. No appearances are required on 5/14/19.
Prior tentative ruling. Updated tentative ruling as of 2/25/19. Off calendar. The court reviewed the joint status report stating that the pleadings are not yet at issue and requesting a 90-day continuance of the status conference. The court on its own motion continues the status conference to 5/14/19 at 1:30 p.m. A joint status report must be filed by 5/7/19. No appearances are required on 2/26/19.
Prior tentative ruling as of 10/22/18. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/23/18, but counsel may appear by telephone.
Prior tentative ruling. Given the severity of the circumstances of turnover in the circumstances of this case, if plaintiff seeks judgment against defendants (meaning eviction of defendants from their residence which they had conveyed to plaintiff for it to perform certain services to save their home from foreclosure in exchange for rent payments and shared equity arrangements, which defendants allegedly defaulted), the court will order that plaintiff serve any dispositive motion on defendants by personal delivery. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold
1:30 PM
Lindsey L Smith Ian Landsberg
Defendant(s):
Shirley Hanes Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01214 Grand View Financial, LLC v. Ho
Docket 1
Off calendar. Adversary proceeding voluntarily dismissed by notice filed by plaintiff on 4/30/19. No appearances are required on 5/14/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Steven Ho Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01302 Klein et al v. Safyari et al
(11 U.S.C. §523(a)(4); and, 3. recovery of property (F.R.B.P. 9001(1)) fr. 11/27/18
Docket 1
Updated tentative ruling as of 5/13/19. No tentative ruling on the merits. Appearances are required on 5/14/19 to address why monetary sanctions of
$100 should not be imposed against counsel for each party, but counsel may appear by telephone.
Prior tentative ruling. Set a discovery cutoff date of 4/30/19, order the matter to mediation, the parties to select a mediator and alternate by 12/31/18 and complete mediation by 5/14/19 and set a post-discovery status conference for 5/14/19 at 1:30 p.m. and deadline for filing a further joint status report of 5/7/19. Appearances are required on 11/27/18, but counsel may appear by telephone. Plaintiff to lodge a proposed scheduling order within 7 days of hearing.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Defendant(s):
Ben B. Safyari Pro Se
ADY PROPERTY, LLC a California Pro Se
Plaintiff(s):
Joe Klein Represented By
Niv V Davidovich
1:30 PM
MJK 18, LLC a Nevada limited Pro Se
1:30 PM
Adv#: 2:19-01067 Irwin Naturals v. Ramirez
Docket 1
Off calendar. The court on its own motion continues the status conference to 6/4/19 at 1:30 p.m. at the request of the parties in their joint status report stating that the matter is being settled, but that defendant has a schedule conflict on 5/14/19. No appearances are required on 5/14/19.
Debtor(s):
Jose D Ramirez Pro Se
Defendant(s):
Jose D Ramirez Pro Se
Plaintiff(s):
Irwin Naturals Represented By
Jeanene Moenckmeier
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 2/26/19, 4/9/19
Docket 47
Updated tentative ruling as of 5/13/19. Off calendar. Continued by prior order to 5/29/19 at 1:30 p.m. No appearances are required on 5/14/19.
Prior tentative ruling as of 2/25/19. Appearances are required on 2/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Application for fees and expenses [Jeffrey I. Golden, Chapter 7 Trustee]
Docket 65
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 5/14/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Subsurface Exploration Co Represented By Jeanne C Wanlass
Trustee(s):
Jeffrey I Golden (TR) Represented By Jeffrey I Golden
2:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Docket 568
Grant motion of Richard Pettibon for leave to intervene as a plaintiff and for authorization to file a complaint in intervention for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 5/14/19, but counsel may appear by telephone. Movant to submit a proposed order within 7 days of hearing.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli
2:30 PM
Ashley M McDow Ronald Rus Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Michael D. Smith Represented By Brian L Davidoff
Kamran Gharibian Represented By Brian L Davidoff
Daryoush Dayan Represented By Brian L Davidoff
Cathay Bank, a California Represented By Reed S Waddell
Jennifer Kellen Represented By
Michael D Sobkowiak
Plaintiff(s):
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson Jason Balitzer
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
2:30 PM
Jessica Vogel
2:30 PM
Adv#: 2:18-01213 Grand View Financial, LLC v. Hanes
Docket 30
Updated tentative ruling as of 5/13/19. Off calendar. Continued by stipulation and order to 5/28/19 at 2:00 p.m. No appearances are required on 5/14/19.
Prior tentative ruling. Continued by stipulation and order to 5/14/19 at 2:30
p.m. No appearances are required on 4/16/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Shirley Hanes Represented By Douglas A Crowder
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Adv#: 2:18-01213 Grand View Financial, LLC v. Hanes
Docket 1
Updated tentative ruling as of 5/13/19. Off calendar. Continued by stipulation and order to 5/28/19 at 2:00 p.m. No appearances are required on 5/14/19.
Prior tentative ruling as of 2/25/19. Off calendar. The court reviewed the joint status report stating that the pleadings are not yet at issue and requesting a 90-day continuance of the status conference. The court on its own motion continues the status conference to 5/14/19 at 1:30 p.m. A joint status report must be filed by 5/7/19. No appearances are required on 2/26/19.
Prior tentative ruling as of 10/22/18. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/23/18, but counsel may appear by telephone.
Prior tentative ruling. Given the severity of the circumstances of turnover in the circumstances of this case, if plaintiff seeks judgment against defendants (meaning eviction of defendants from their residence which they had conveyed to plaintiff for it to perform certain services to save their home from foreclosure in exchange for rent payments and shared equity arrangements, which defendants allegedly defaulted), the court will order that plaintiff serve any dispositive motion on defendants by personal delivery. Appearances are required on 8/28/18, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
2:30 PM
Ian Landsberg
Defendant(s):
Shirley Hanes Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Application for fees and expenses [Jason M. Rund, Chapter 7 Trustee]
Docket 68
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 5/14/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
John Michael Anderson Represented By Andrew S Mansfield
Trustee(s):
Jason M Rund (TR) Represented By Thomas H Casey Kathleen J McCarthy
2:30 PM
[Timomas H. Casey, Esq., Attorney for Chapter 7 Trustee]
Docket 67
Approve final fee application of attorney for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/14/19, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
John Michael Anderson Represented By Andrew S Mansfield
Trustee(s):
Jason M Rund (TR) Represented By Thomas H Casey Kathleen J McCarthy
2:30 PM
Adv#: 2:19-01009 Vechery v. Shapiro
Docket 15
No tentative ruling as of 5/13/19. Appearances are required on 5/14/19, but counsel may appear by telephone.
Debtor(s):
Michael Richard Shapiro Represented By Charles Shamash Joseph E. Caceres
Defendant(s):
Michael Richard Shapiro Represented By Terran T Steinhart
Plaintiff(s):
Harvey Vechery Represented By Tom Lallas Mark D Hurwitz
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Adv#: 2:19-01009 Vechery v. Shapiro
fr. 3/26/19
Docket 1
No tentative ruling as of 5/13/19. Appearances are required on 5/14/19, but counsel may appear by telephone.
Debtor(s):
Michael Richard Shapiro Represented By Charles Shamash Joseph E. Caceres
Defendant(s):
Michael Richard Shapiro Pro Se
Plaintiff(s):
Harvey Vechery Represented By Tom Lallas Mark D Hurwitz
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
Docket 429
No tentative ruling as of 5/14/19. Appearances are required on 5/15/19.
Debtor(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
11:00 AM
Docket 479
Updated tentative ruling as of 5/14/19. Off calendar. The court is taking the motion off calendar pursuant to its order being filed and entered on 5/14/19. No appearances are required on 5/15/19.
Prior tentative ruling as of 4/30/19. No tentative ruling on the merits. The court is still deliberating on creditor Zehnaly's motion for reconsideration, which has an impact of other pending matters in this case, and has scheduled a hearing on this calendar regarding reconsideration of an evidentiary ruling on the trial of that matter. Appearances are optional on 5/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
#3.00 Cont'd hearing re: Motion for approval of chapter 11 disclosure statement fr. 4/10/19, 4/17/19, 5/1/19
Docket 157
Updated tentative ruling as of 5/14/19. Off calendar. The court is taking the motion off calendar pursuant to its order being filed and entered on 5/14/19. No appearances are required on 5/15/19.
Prior tentative ruling as of 4/30/19. No tentative ruling on the merits. The court is still deliberating on creditor Zehnaly's motion for reconsideration, which has an impact of other pending matters in this case, and has scheduled a hearing on this calendar regarding reconsideration of an evidentiary ruling on the trial of that matter. Appearances are optional on 5/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr. 4/10/19, 4/17/19, 5/1/19
Docket 482
Updated tentative ruling as of 5/14/19. Off calendar. The court is continuing the hearing to 6/26/19 at 11:00 a.m. pursuant to its order being filed and entered on 5/14/19. No appearances are required on 5/15/19.
Prior tentative ruling as of 4/30/19. No tentative ruling on the merits. The court is still deliberating on creditor Zehnaly's motion for reconsideration, which has an impact of other pending matters in this case, and has scheduled a hearing on this calendar regarding reconsideration of an evidentiary ruling on the trial of that matter. Appearances are optional on 5/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
fr. 4/10/19, 4/17/19, 5/1/19
Docket 589
Updated tentative ruling as of 5/14/19. Off calendar. The court is continuing the hearing to 5/29/19 at 11:00 a.m. pursuant to its order being filed and entered on 5/14/19. No appearances are required on 5/15/19.
Prior tentative ruling as of 4/30/19. No tentative ruling on the merits. The court will hear argument regarding the tentative ruling on reconsidering the court's evidentiary rulings on creditor Zehnaly's trial exhibits 4-8.
Appearances are required on 5/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
#6.00 Cont'd status conference re: Management of chapter 11 case fr. 4/10/19, 4/17/19, 5/1/19
Docket 1
Updated tentative ruling as of 5/14/19. Off calendar. The court is continuing the hearing to 6/26/19 at 11:00 a.m. pursuant to its order being filed and entered on 5/14/19. No appearances are required on 5/15/19.
Prior tentative ruling as of 4/30/19. No tentative ruling on the merits. The court is still deliberating on creditor Zehnaly's motion for reconsideration, which has an impact of other pending matters in this case, and has scheduled a hearing on this calendar regarding reconsideration of an evidentiary ruling on the trial of that matter. Appearances are optional on 5/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 77
No updated tentative ruling as of 5/13/19. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of debtor's disclosure statement as not containing adequate information for the reasons stated in the objections of creditors because the disclosure statement does not provide sufficient information regarding feasibility or address the issue of modification of the secured creditor's claims and rights. The disclosure statement does not show how the payment of the arrearages on the effective date is feasible based on debtor's available cash on hand stated in the disclosure statement. Debtor must provide a detailed statement of income and expenses for each property as directed by the income and expense statements attached to the disclosure statement, which she has not done, and she should provide historical data and projections for these properties. If the secured creditors' claims and rights are modified, then the claims are impaired, and the secured creditors have a right to vote. The denial of approval of the disclosure statement is with leave to amend. Appearances are required on 3/27/19, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
Updated tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. Off calendar. The court has debtor's status report advising that she has filed a motion to approve disclosure statement noticed for hearing on 3/27/19 at 11:00 a.m. The court on its own motion continues the status conference to 3/27/19 at 11:00 a.m. to be conducted with that hearing. No appearances are required on 3/6/19.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. The court has reviewed debtor's status report filed on 8/15/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. The court has reviewed debtor's status
11:00 AM
report filed on 5/9/18. No tentative ruling on the merits. Appearances are required on 5/16/18, but counsel may appear by telephone.
Updated tentative ruling as of 3/5/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 34
No tentative ruling as of 5/14/19. Appearances are required on 5/15/19, but counsel may appear by telephone.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
11:00 AM
Docket 65
Off calendar. Continued by stipulation and order to 6/25/19 at 2:30 p.m. No appearances are required on 5/15/19.
Debtor(s):
David Lee Represented By
David A Tilem
11:00 AM
Docket 1
Updated tentative ruling as of 5/14/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Updated tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
Renee E Sanders
11:30 AM
Docket 277
No tentative ruling as of 5/14/19. Appearances are required on 5/15/19, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:30 AM
Docket 1
Updated tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 7/13/18 and proposed date for filing a disclosure statement of 6/4/18 seem reasonable. Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
1:30 PM
fr. 1/9/19, 3/6/19, 3/21/19
Docket 180
Updated tentative ruling as of 5/13/19. The court has reviewed creditor's unilateral status report regarding mediation. No tentative ruling on the merits. Appearances are required on 5/15/19 for the evidentiary hearing.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19 for the evidentiary hearing.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Prior tentative ruling as of 12/17/18. No tentative ruling will be issued for the evidentiary hearing on creditor's motion to convert case to Chapter 7.
Appearances are required on 12/19/18.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this
1:30 PM
matter is continued on the court's own motion to 12/19/18 at 1:30 p.m. No appearances are required on 12/5/18.
Prior tentative ruling. Overrule evidentiary objections of debtor to Polis declaration. The court is inclined to order debtor to file a written outline of how this case will reorganize with an estimated timetable by 11/21/18 and set a further and separate hearing on the motion on 11/28/18 at 10:00 a.m. to discuss the status of debtor's reorganization efforts. Debtor's opposition really did not show much in the way of the presence of a reasonable likelihood of reorganization to persuade the court to deny the motion at the hearing on 11/14/18, which is somewhat disconcerting, given the age of this case, now approaching its one year anniversary on 11/30/18. The court thinks debtor must make some showing of a reasonable likelihood of a confirmable plan within a reasonable period of time, or otherwise it might be convinced to grant the motion. Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
1:30 PM
fr. 1/19/19, 3/6/19, 3/21/19
Docket 215
Updated tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling. Disapprove proposed disclosure statement for lack of sufficient information because it lacks sufficient detailed information on how the plan is feasible, including historical financial information. Just attaching copies of monthly operating reports to the disclosure statement is insufficient. The disclosure statement needs to describe the means on how the plan is going to be funded to demonstrate feasibility to creditors. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
1:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 11/7/18, 3/6/19, 3/13/19
Docket 1
Updated tentative ruling as of 5/14/19. Off calendar. Continued by stipulation and order to 5/29/19 at 2:30 p.m. No appearances are required on 5/15/19.
Revised tentative ruling as of 3/11/19. The court is inclined to set a further status conference to allow time for Cathay Bank to provide input on discovery and trial setting, but 60 days rather than 3 to 6 months, and because the case is not yet at issue. The court has considered the requests of various parties for severance of claims for trial, but while the court agrees with plaintiff, it may be early, but given the unwieldy nature of this litigation, some severance of claims probably makes sense. Plaintiff's concerns about efficiency of litigation might be handled by some consolidation of discovery and other pretrial proceedings. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. Appearances are required on 9/12/18, but counsel may appear by telephone. No tentative ruling on the state of discovery, except regarding 400 S. La Brea, LLC's submission of documents for in camera review:
1:30 PM
Document | Tentative Ruling |
400 S. La Brea, LLC's 2015 Balance Sheet 400 S. La Brea, LLC's 2016 Balance Sheet 400 S. La Brea, LLC's 2016 Income Statement 400 S. La Brea, LLC's 2016 Federal and State Tax Returns | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B)(i). |
2012 Appraisal of the Subject Property 2013 Appraisal of the Subject Property | Order disclosure, subject to redaction of "confidential commercial information." |
2017 Appraisal of the Subject Property Technical Review of the 2017 Appraisal of the Subject Property | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B) (i). The 2017 documents are irrelevant because they postdate the subject lease term. |
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits.
1:30 PM
Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
1:30 PM
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Docket 2445
Off calendar. Continued by stipulation and order to 5/29/19 at 2:30 p.m. No appearances are required on 5/15/19.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
2:30 PM
fr. 2/19/19, 3/13/19, 4/3/19
Docket 2423
Updated tentative ruling as of 5/14/19. Off calendar. The court on its own motion continues the hearing to be conducted with the continued hearing on plan agent's motion for protective order scheduled for 5/29/19 at 2:30 p.m. No appearances are required on 5/15/19.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling. Since the parties do not dispute that movant is not in technical compliance with LBR 2004-1 regarding a prefiling conference, the court will order movant to comply with this prefiling conference requirement before ruling on the motion on the merits.
In reviewing the motion, the court has concerns regarding the volume of documents requested by movant which do not appear to be entirely relevant and reasonable and appears to be burdensome and oppressive. In some respect, movant has proposed modifications in the document production requests in his reply, which should be discussed by the parties in their prefiling conference under LBR 2004-1(a).
It seems to the court that movant has standing to request "reasonable and relevant" information about estate administration, but not all the information requests seem to be reasonable and relevant and may be proprietary information not available to parties who intend to compete with debtor's business, such as movant. That movant has a right to ply his trade does not
2:30 PM
mean that he is entitled to proprietary information of the estate to compete with debtor.
The court will set a further hearing on the motion for a date that the parties have had their prefiling conference and have had an opportunity to identify and discuss in further briefing their remaining differences.
Appearances are required on 2/19/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Movant(s):
Douglas Chrismas Represented By David B Shemano Alan W Forsley Jonathan Shenson
10:00 AM
fr 3/26/19, 4/9/19
Docket 9
Updated tentative ruling as of 5/9/19. Off calendar. Matter resolved by stipulation and order. No appearances are required on 5/16/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial proceedings, including discovery, and a date for an evidentiary hearing on valuation since the parties dispute valuation.
Appearances are required on 3/26/19, but counsel may appear by telephone.
Debtor(s):
BARAKA HOLDINGS, LLC Represented By
Edmond Richard McGuire
Trustee(s):
John J Menchaca (TR) Represented By Robert P Goe
10:30 AM
Docket 68
The moving papers are deficient because there is no admissible evidence of movant's standing to seek stay relief. Appearances are required on 5/28/19, but counsel may appear by telephone.
Debtor(s):
Jose M BENITEZ Represented By Douglas A Crowder
Joint Debtor(s):
Cinthia BENITEZ Represented By Douglas A Crowder
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
Levene, Neale, Bender, Yoo & Brill LLP
10:30 AM
(Wilmington Trust, National Association VS Debtor)
Docket 9
Off calendar. Motion was voluntarily dismissed by noticed filed on 5/6/19. No appearances are required on 5/28/19.
Debtor(s):
Oscar Javier Guerrero Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
(JPMorgan Chase Bank, National Association VS Debtor)
Docket 14
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 2 because debtor is not the borrower on the loan. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Karetta Anderson Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
(U.S. Bank National Association VS Debtor)
Docket 18
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Grant request for extraordinary relief in paragraph 2 for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Boubakary Kerno Dialo Represented By Brad Weil
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2), including stay annulment, to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14- day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Joahna Ivonne Castaneda Vallado Represented By
Michael E Clark
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
(San Diego County Credit Union VS Debtors)
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2), including stay annulment, to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14- day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yong Pil Park Represented By
Kelly K Chang
Joint Debtor(s):
Young Sook Park Represented By Kelly K Chang
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2), including stay annulment, to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14- day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Geni Clark Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
fr. 4/16/19
Docket 326
Updated tentative ruling as of 5/24/19. No tentative ruling on the merits because the court will consider Debtor's testimony and evidence in support of his claim and Trustee's testimony and evidence in opposition to Debtor's claim. Appearances are required on 5/28/19.
Prior tentative ruling. Grant trustee's motion for order disallowing claim no. 14 of Debtor Allen Shay for the reasons stated in the moving and reply papers because debtor as claimant has not met his burden of proving that the debt claimed an administrative expense under 11 U.S.C. 503(b) arose from a transaction with the trustee (or he gave consideration to the trustee) and the debt directly and substantially benefitted the bankruptcy estate. Debtor's claim did not involve any transaction with the trustee because debtor incurred the expense without the trustee's knowledge or consent (and without debtor giving consideration to the trustee). Debtor has not shown that the expense directly and substantially benefitted the estate. Apparently, the expense was for some plumbing work on the subject real property because there is no evidence that such work was necessary or benefitted the estate, and it is unclear what was actually done. In re DAK Industries, Inc., 66 F.3d 1091 (9th Cir. 1995). Moreover, there is no evidence that debtor made the payment of the expense to claim reimbursement. Pursuant to 11 U.S.C. 541 and 704, the trustee has supervision and control of property of the estate, including the subject real property, and debtor had no authority to incur expense on behalf of the estate. Appearances are required on 4/16/19, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
11:00 AM
Debtor(s):
Allen Bernard Shay Represented By
Andrew Edward Smyth William J Smyth
Trustee(s):
Alfred H Siegel (TR) Represented By
Alfred H Siegel (TR) Anthony A Friedman
11:00 AM
Docket 337
Off calendar. The court determined that oral argument was unnecessary, vacated the hearing and issued a written order on the motion. No appearances are required on 5/28/19.
Debtor(s):
Allen Bernard Shay Represented By
Andrew Edward Smyth William J Smyth
Trustee(s):
Alfred H Siegel (TR) Represented By
Alfred H Siegel (TR) Anthony A Friedman
1:30 PM
Adv#: 2:14-01500 Rund Chapter 7 Trustee v. Chen et al
fr. 1/15/19, 4/9/19, 5/7/19
Docket 1
Updated tentative ruling as of 5/24/19. No tentative ruling on the merits. Appearances are required on 5/28/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/6/19. No tentative ruling on the merits. Appearances are required on 5/7/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Yian Chen Pro Se
Shavonne Tran Pro Se
Doron Stephen Pro Se
DSI Computers, Inc., a California Pro Se
1:30 PM
Plaintiff(s):
Jason Rund Chapter 7 Trustee Represented By Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
Docket 31
Undated tentative ruling as of 5/24/19. Off calendar. The court has issued an order continuing the hearings on the motions of Defendants Unify Financial Credit Union and Discover Bank to dismiss to 6/25/19 at 11:00 a.m. No appearances are required on 5/28/19.
Prior tentative ruling as of 4/15/19. Appearances are required on 4/16/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Represented By Holly J Nolan
Unify Credit Union Represented By Brett P Ryan
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
1:30 PM
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
1:30 PM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
fr. 1/15/19, 4/16/19
Docket 1
Updated tentative ruling as of 5/24/19. Off calendar. The court has issued an order continuing the status conference to 6/25/19 at 11:00 a.m. No appearances are required on 5/28/19.
Prior tentative ruling as of 4/15/19. Off calendar. Continued to 5/28/19 at 1:30 p.m. by order entered on 4/10/19. No appearances are required on 4/16/19.
Prior tentative ruling. The court will conduct the status conference on its 2:30
p.m. calendar with the hearings of plaintiff's motion to file an amended complaint and defendant UNIFY Financial Credit Union's motion to dismiss rather than at 1:30 p.m. for the convenience of the parties and the court.
Appearances are required on 1/15/19 at 2:30 p.m., but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Pro Se
Unify Credit Union Pro Se
1:30 PM
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
1:30 PM
Adv#: 2:16-01332 All In One Trading, Inc., a California corporation v. Chaparala
fr. 1/16/18, 9/18/18, 3/12/19
Docket 1
Updated tentative ruling as of 5/24/19. The status conference will be conducted with the hearing on plaintiff's motion for summary judgment on the court's 2:30 p.m. calendar. Appearances are required at 2:30 p.m., not 1:30 p.m.
Prior tentative ruling as of 3/11/19. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference to 5/28/19 at 1:30 p.m. based on plaintiff's intention to notice a motion for summary judgment for hearing in April or May 2019. The court on its own motion continues the status conference to 5/28/19 at 1:30 p.m. No appearances are required on 3/12/19.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Pro Se
Plaintiff(s):
All In One Trading, Inc., a California Represented By
Richard L Barnett
1:30 PM
Trustee(s):
Howard M Ehrenberg (TR) Represented By Richard L Barnett
1:30 PM
Adv#: 2:19-01088 7175 WB, LLC v. Levene, Neale, Bender, Yoo & Brill, L.L.P.
§ 959(b)
Docket 1
Off calendar. Continued by stipulation and order to 7/16/19 at 1:30 p.m. No appearances are required on 5/28/19.
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
Defendant(s):
Levene, Neale, Bender, Yoo & Brill, Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
1:30 PM
fr. 12/5/18, 12/12/18, 3/26/19
Docket 328
Updated tentative ruling as of 5/24/19. No tentative ruling on the merits. Appearances are required on 5/28/19, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Adv#: 2:18-01241 Grand View Financial, LLC v. Harold R. Fuhrmann
fr. 10/2/18, 1/8/19, 4/9/19
Docket 1
Off calendar. Adversary proceeding dismissed by notice filed on 4/30/19. No appearances are required on 5/28/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Harold R. Fuhrmann Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01434 Ehrenberg v. Hatfield
Declaratory relief fr. 2/12/19
Docket 1
Updated tentative ruling as of 5/24/19. The court has reviewed the joint status report. Set a pretrial conference for 8/13/19 at 2:00 p.m. and a joint pretrial stipulation must be filed by 8/6/19. Appearances are required on 5/28/19 to discuss scheduling and the status of mediation, but counsel may appear by telephone.
Prior tentative ruling. Set a discovery cutoff date of 4/30/19 and a further postdiscovery status conference for 5/28/19 at 1:30 p.m. with a joint status report due on 5/7/19. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 3/12/19 and complete mediation by 5/28/19. Appearances are required on 2/12/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Denise Ann Hatfield Represented By Michael E Clark
Defendant(s):
Thomas Carson Hatfield Pro Se
1:30 PM
Plaintiff(s):
Howard M. Ehrenberg Represented By Steven Werth
Trustee(s):
Howard M Ehrenberg (TR) Represented By Steven Werth
1:30 PM
Adv#: 2:19-01029 8800 LLC v. TMC Realty, L.L.C.
fr. 4/2/19
Docket 1
The status conference and adversary proceeding are moot in light of the dismissal of the underlying bankruptcy case. Appearances are optional on 5/28/19, but counsel may appear by telephone.
Debtor(s):
8800 LLC Represented By
David B Golubchik Jeffrey S Kwong Martin J Brill
Defendant(s):
TMC Realty, L.L.C. Pro Se
Plaintiff(s):
8800 LLC Represented By
Jeffrey S Kwong
1:30 PM
Adv#: 2:19-01011 Miller v. Agopian
(2) for declaratory relief; (3) turnover of property; and (4) sale of interest of co-owner in property of the estate
fr. 3/26/19
Docket 1
Off calendar. The court has reviewed plaintiff's and defendant's unilateral status reports, stating that the matter is being settled, and the court on its own motion continues the status conference for about 30 days as requested to 7/2/19 at 1:30 p.m. No appearances are required on 5/28/19. Plaintiff to notify defendant(s) of the continuance.
Debtor(s):
Mary Kodjoglian Represented By Sean Keshishyan
Defendant(s):
Simon Agopian Pro Se
Plaintiff(s):
Elissa D. Miller Represented By Anthony A Friedman
Trustee(s):
Elissa Miller (TR) Represented By
Edward M Wolkowitz Anthony A Friedman
1:30 PM
Adv#: 2:19-01012 Miller v. Agopian et al
fr. 3/26/19
Docket 1
Off calendar. The court has reviewed plaintiff's unilateral status report, stating that the matter is being settled, and the court on its own motion continues the status conference for about 30 days as requested to 7/2/19 at 1:30 p.m. No appearances are required on 5/28/19. Plaintiff to notify defendant(s) of the continuance.
Debtor(s):
Mary Kodjoglian Represented By Sean Keshishyan
Defendant(s):
Simon Agopian Pro Se
Armen Agopian Pro Se
Plaintiff(s):
Elissa D. Miller Represented By Anthony A Friedman
Trustee(s):
Elissa Miller (TR) Represented By
Edward M Wolkowitz Anthony A Friedman
1:30 PM
Adv#: 2:19-01037 CASARES v. Velasco et al
Docket 8
Off calendar. The court having reviewed counsel's declaration in response to the order to show cause discharges the order to show cause. No appearances are required on 5/28/19.
Debtor(s):
Mario Victor Velasco Represented By
Rabin J Pournazarian
Defendant(s):
Mario Victor Velasco Represented By
Andrew Edward Smyth
Toni Ann Velasco Represented By
Andrew Edward Smyth
Joint Debtor(s):
Toni Ann Velasco Represented By
Rabin J Pournazarian
Plaintiff(s):
GEORGE CASARES Represented By Victor Yoo
Trustee(s):
Carolyn A Dye (TR) Pro Se
1:30 PM
Adv#: 2:18-01375 Vance v. Zacky & Sons Poultry, LLC
fr. 1/29/19, 3/26/19, 4/16/19
Docket 1
Off calendar. Continued by stipulation and order to 6/25/19 at 1:30 p.m. No appearances are required on 5/28/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
Defendant(s):
Zacky & Sons Poultry, LLC Pro Se
Plaintiff(s):
Karen Vance Represented By
Gail L Chung Jack A Raisner Rene S Roupinian Robert N Fisher
2:00 PM
fr. 10/16/18, 2/5/19, 4/30/19
Docket 118
Updated tentative ruling as of 5/24/19. Off calendar. Continued by stipulation and order to 6/25/19 at 1:30 p.m. No appearances are required on 5/28/19.
Debtor(s):
Ayers Bath (U.S.A.), Co.,Ltd. Represented By Jeffrey S Renzi Ryan S Fife
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
2:00 PM
Adv#: 2:18-01213 Grand View Financial, LLC v. Hanes
Docket 30
Off calendar. The hearing on the motion is moot because the adversary proceeding was dismissed by stipulation and order on 5/20/19. No appearances are required on 5/28/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Shirley Hanes Represented By Douglas A Crowder
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:00 PM
Adv#: 2:18-01213 Grand View Financial, LLC v. Hanes
Docket 1
Off calendar. The status conference is moot because the adversary proceeding was dismissed by stipulation and order on 5/20/19. No appearances are required on 5/28/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Shirley Hanes Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:00 PM
Adv#: 2:18-01379 Avery v. Prototype Engineering & Manufacturing, Inc. et al
fr. 5/7/19
Docket 40
Updated tentative ruling as of 5/24/19. No tentative ruling on the merits. Appearances are required on 5/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/6/19. Appearances are required on 5/7/19, but counsel may appear by telephone.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Prototype Engineering & Pro Se
Bahram Bordbar Represented By Brian L Davidoff
C John M Melissinos
Malahat Bordbar Represented By Brian L Davidoff
C John M Melissinos
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay Irving M Gross
2:00 PM
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
2:00 PM
Adv#: 2:18-01379 Avery v. Prototype Engineering & Manufacturing, Inc. et al
fr. 3/5/19, 3/26/19
Docket 15
Updated tentative ruling as of 5/24/19. No tentative ruling on the merits. Appearances are required on 5/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/26/19, but counsel may appear by telephone.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Prototype Engineering & Pro Se
Bahram Bordbar Represented By Brian L Davidoff
C John M Melissinos
Malahat Bordbar Represented By Brian L Davidoff
C John M Melissinos
Movant(s):
Bahram Bordbar Represented By Brian L Davidoff
C John M Melissinos
Malahat Bordbar Represented By
2:00 PM
Brian L Davidoff
C John M Melissinos
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
2:30 PM
Docket 575
Since the trustee has complied with the court's order to show cause and served the secured creditors and their counsel of record, and she has resolved disputes as to some of the funds by stipulations and orders, the court is inclined the trustee's motion for relief from the prior distribution order as to the remaining funds. Appearances are required on 5/28/19, but counsel may appear by telephone.
Debtor(s):
Ramon De Jesus Contreras Represented By
Andrew Edward Smyth
Joint Debtor(s):
Maria Del Rosario Contreras Represented By
Andrew Edward Smyth
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr John K Park Christian T Kim Miri Kim Wakuta
2:30 PM
fr. 3/5/19
Docket 571
Updated tentative ruling as of 5/24/19. Since the trustee has complied with the court's order to show cause and served the secured creditors and their counsel of record, and she has resolved disputes as to some of the funds by stipulations and orders, the court is inclined the trustee's motion for relief from the prior distribution order as to the remaining funds. Appearances are required on 5/28/19, but counsel may appear by telephone.
Revised tentative ruling as of 3/4/19. Continued hearing on trustee's motion for relief from order to 5/28/19 at 2:30 p.m. because the court believes the present motion as well as the prior motions did not effectively put the creditors on notice that their previously ordered distributions were being forfeited.
None of these motions were addressed to the affected creditors, but to the court, the debtor and "interested parties," which is ineffective notice to the creditors that they would be losing $189,000. Moreover, neither the forfeiture of these funds nor the creditors whose funds are to be forfeiture is not described in the caption of any of these motions, which is ineffective notice. Rather than asking the trustee to try again, the court has issued its own order to show cause why the money previously ordered distributed to the creditors should be forfeited for their failure to accept the distributions, and the order to show cause will be directed to the creditors by name in the caption of the order. Appearances are required on 3/5/19, but counsel may appear by telephone.
Debtor(s):
Ramon De Jesus Contreras Represented By
2:30 PM
Andrew Edward Smyth
Joint Debtor(s):
Maria Del Rosario Contreras Represented By
Andrew Edward Smyth
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr John K Park Christian T Kim Miri Kim Wakuta
2:30 PM
Docket 379
Off calendar. The court determined that oral argument was unnecessary, vacated the hearing and issued a written order on the motion. No appearances are required on 5/28/19.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:30 PM
Adv#: 2:16-01037 Avery v. Gonzalez
Docket 134
Off calendar. The court determined that oral argument was unnecessary, vacated the hearing and issued a written order on the motion. No appearances are required on 5/28/19.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Arturo Gonzalez Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:30 PM
fr. 4/30/19
Docket 679
Updated tentative ruling as of 5/24/19. No tentative ruling on the merits. Appearances are required on 5/28/19, but counsel may appear by telephone.
Prior tentative ruling. Continued by stipulation and order to 5/28/19 at 2:30
p.m. No appearances are required on 4/30/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:30 PM
Adv#: 2:16-01332 All In One Trading, Inc., a California corporation v. Chaparala
Docket 21
No tentative ruling as of 5/24/19. Appearances are required on 5/28/19, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Represented By Peter T Steinberg
Plaintiff(s):
All In One Trading, Inc., a California Represented By
Michael Fischer Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
2:30 PM
$8570.00, Expenses: $46.79.
Docket 138
Off calendar. The court on its own motion continues the hearing to 8/28/19 at 11:30 a.m. pending receipt of Excel files relating to the billing entries on the fee application as supplemented and objections thereto. No appearances are required on 5/28/19.
Debtor(s):
Peter G. Kudrave Pro Se
2:30 PM
Application for fees and expenses [David M. Goodrich, Chapter 7 Trustee]
Docket 47
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 5/28/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Stephen W Chiu Represented By Christie Cronenweth
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
[Hahn, Fife & Company, Accountant for Chapter 7 Trustee]
Docket 43
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/28/19, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Stephen W Chiu Represented By Christie Cronenweth
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Application for fees and expenses [Wesley H. Avery, Chapter 7 Trustee]
Docket 82
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 5/28/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Jung Ja Kim Represented By
Donald E Iwuchuku
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
2:30 PM
[Levene, Neale, Bender, Yoo & Brill L.L.P., Attorney for Chapter 7 Trustee]
Docket 79
Approve final fee application of attorney for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/28/19, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Jung Ja Kim Represented By
Donald E Iwuchuku
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 78
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 5/28/19, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Jung Ja Kim Represented By
Donald E Iwuchuku
Trustee(s):
Wesley H Avery (TR) Represented By Carmela Pagay
2:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Docket 95
Off calendar. The court determined that oral argument was unnecessary, vacated the hearing and issued a written order on the motion. No appearances are required on 5/28/19.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
Defendant(s):
Ammec, Inc. Represented By
John Barriage
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:30 PM
Adv#: 2:18-01284 Fidelity National Title Insurance Company v. Griego
Docket 18
Grant plaintiff's motion for default judgment for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 5/28/19, but counsel may appear by telephone. Plaintiff to submit a proposed order granting the motion in addition to the default judgment already lodged within 7 days of hearing.
Debtor(s):
Nicholas Fernando Griego Pro Se
Defendant(s):
Nicholas Fernando Griego Pro Se
Plaintiff(s):
Fidelity National Title Insurance Represented By
Karen A Ragland
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Adv#: 2:18-01284 Fidelity National Title Insurance Company v. Griego
fr. 11/13/18, 1/29/19, 4/30/19
Docket 1
Updated tentative ruling as of 5/24/19. Since the court has issued a tentative ruling to grant plaintiff's motion for default judgment, appearances are optional on 5/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/29/19. No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/29/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 1/29/19 at 1:30
p.m. to allow time for plaintiff to file its motion for default judgment. No appearances are required on 11/13/18.
Debtor(s):
Nicholas Fernando Griego Pro Se
Defendant(s):
Nicholas Fernando Griego Pro Se
Plaintiff(s):
Fidelity National Title Insurance Represented By
Karen A Ragland
2:30 PM
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 203
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/21/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/15/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/5/17. The court has reviewed debtor's status
11:00 AM
report. The court notes that the chart is missing the operative date for the amounts required to be paid, though the text of the report states that the date is the date of the report. Debtor needs to clarify the date for the amounts required to be paid. Otherwise, no tentative ruling on the merits. Debtor should also report on the rental situation, i.e., is the Burbank property rented out, and how much are her children paying on the Hacienda Heights property each. Appearances are required on 5/10/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 11/14/16. The court has reviewed debtor's status report. Appearances are required on 11/16/16, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 9/12/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/24/16 to discuss scheduling of further proceedings, but self-represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/27/16, but self-represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 6/13/16. Off calendar. The court has reviewed debtor's motion requesting an extension of time to file the post-confirmation status report, reporting that she was recently injured, and the court on its own motion continues the status conference to 7/27/16 at 11:00 a.m. with an updated status report due for filing on 7/20/16. No appearances are required on 6/15/16.
Prior tentative ruling as of 3/14/16. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 3/16/16, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
11:00 AM
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 9/16/15, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 3/3/15. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 3/4/15, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 9/3/14. The court has reviewed the Debtor's status report filed 7/24/2014. No tentative ruling. Appearances required on 9/4/14.
Prior tentative ruling as of 3/17/14. The court has reviewed the United States Trustee (UST)'s report on discovery efforts and results and debtor's objection to the UST's request for further continuance. No tentative ruling on the merits. Appearances are required on 3/19/14.
Prior tentative ruling as of 2/10/14. No tentative ruling. Plan confirmation may be a contested matter under FRBP 9014 requiring an evidentiary hearing. Objecting parties United States Trustee and Deutsche Bank to show excuse for late filing of objections to plan. Debtor to address feasibility of plan, cramdown plan treatment of Deutsch Bank pursuant to its 11 U.S.C.
1111(b) election (i.e., proposed 23-year payout of secured claim may not be proper) and how Stonger vote and objection should be addressed (i.e., what authority exists to disregard Stonger vote or recognize inconsistent ballots, if they are indeed inconsistent rather than unintentionally mistaken.)).
Appearances are required on 2/12/14.
Prior tentative ruling as of 12/2/13. At the last hearing on the disclosure statement, debtor indicated that she would submit financial projections as requested by the United States Trustee. Appearances are required on 12/4/13, but counsel may appear by telephone.
No tentative ruling as of 10/28/13. Appearances are required on 10/30/13.
11:00 AM
Debtor to address objections of United States Trustee and secured creditor Deutsche Bank. Although a confirmation matter, the court is not inclined to confirm a plan with a 36 year payout on the secured claim since no apparent justification is provided for the protracted payment and such appears to be discriminatory and unduly shifting the risk of lack of plan feasibility to that creditor. Appearances are required on 10/3013.
Debtor(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
Movant(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
11:00 AM
fr. 5/15/19
Docket 429
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19.
No tentative ruling as of 5/14/19. Appearances are required on 5/15/19.
Debtor(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
11:00 AM
Docket 1
Updated tentative ruling as of 5/28/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Debtor(s):
Forbco Sizzler Partners, L.P. Represented By Robert E Opera Sean A OKeefe
11:00 AM
Docket 140
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Movant(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
11:00 AM
Docket 68
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. Grant debtor's motion to approve first amended disclosure statement as containing adequate information for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 3/27/19 to discuss scheduling plan confirmation proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. Off calendar. In the case status report filed on 2/22/19, debtor advised that he reached a settlement with the first deed of trust holder and will be filing an amended disclosure statement and plan by 2/25/19 to be set for hearing on 3/27/19 at 11:00 a.m. The court on its own motion continues the hearing on the disclosure statement to 3/27/19 at 11:00 a.m. No appearances are required on 2/27/19. Debtor to give notice of continuance.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling. Deny approval of disclosure statement because: (1) plan is patently unconfirmable because it modifies loan secured by lien on debtor's principal residence in violation of 11 U.S.C. 1125(b) (plan modifies contractual interest rate on first and second secured home loans) and it does not propose a cure of outstanding arrearages on home mortgages in accordance with 11 U.S.C. 1124(2)(10 year payment of arrearages is discriminatory compared with 5 year payment of general unsecured claims);
disclosure statement lacks adequate information regarding plan feasibility since no financial history or financial projections are provided. Appearances are required on 4/25/18, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By
David I Brownstein
11:00 AM
Docket 1
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. Off calendar. In the case status report filed on 2/22/19, debtor advised that he reached a settlement with the first deed of trust holder and will be filing an amended disclosure statement and plan by 2/25/19 to be set for hearing on 3/27/19 at 11:00 a.m. The court on its own motion continues the status conference to 3/27/19 at 11:00 a.m. No appearances are required on 2/27/19. Debtor to give notice of continuance.
Prior tentative ruling as of 12/18/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. The court has reviewed debtor's status report requesting a continuance of about 30 day to complete settlement discussions with the secured lender. No tentative ruling on the merits.
Appearances are required on 11/7/18 so that other parties, including United States Trustee, may be heard on status, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. The court has reviewed debtor's status
11:00 AM
report. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/5/17. The court has reviewed debtor's status report filed on 12/4/17. No tentative ruling on the merits. Appearances are required on 12/6/17, but counsel may appear by telephone.
Updated tentative ruling as of 8/28/17. No tentative ruling on the merits. Appearances are required on 8/30/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/8/17, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By Joshua L Sternberg
11:00 AM
fr. 12/17/18, 2/27/19, 4/10/19
Docket 332
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits, though it appears that there is no written opposition to the disclosure statement. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
No tentative ruling as of 7/16/18. Appearances are required on 7/18/18, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Revised tentative ruling as of 7/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits, but the court notes that the cash flow projection described as Exhibit A was not attached to the status report. Appearances are required on 4/19/17 to discuss setting of claims bar date and further proceedings, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report proposing a claims bar date of 1/24/18 with notice being served by 11/8/17 and a disclosure statement filing deadline of 2/28/18. These dates are satisfactory, and debtor should submit a proposed scheduling order. Appearances are required on 11/1/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
11:00 AM
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/18/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits.
11:00 AM
Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
11:00 AM
fr. 4/17/19
Docket 85
Off calendar. The motion was resolved by stipulation and order entered on 5/20/19. No appearances are required on 5/29/19.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
Movant(s):
United States Trustee (LA) Represented By Hatty K Yip
11:00 AM
Docket 58
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Although the amended disclosure statement is an improvement over the last version, the information is not completely adequate because debtor's listing of business expenses is inadequate and does not state what they are. Debtor should break down what they specifically are, and debtor should provide a historical breakdown of such specific expenses over the last 12 months. The court notes that the expenses are not evenly spread out during the last 12 months, but apparently are large in a few months and small in other months. Since the plan payments are so small, the court believes that it needs to give debtor's expenses close scrutiny, so that meaningful information is given to creditors for voting. Appearances are required on 4/17/19, but counsel may appear by telephone.
Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling. The matter of debtor's motion to value secured claim or lien as to Lending 1st Mortgage, LLC is not yet resolved and needs to be resolved before the case may proceed to plan confirmation. It appears that even though the motion is resolved as to Specialized Loan Servicing by stipulation and order, the motion is not resolved as to the other lien creditor and that the motion should be renoticed for hearing.
Debtor will have to provide additional information for the disclosure statement relating to: (1) his business expenses for which a detailed statement is
11:00 AM
required for Schedule I/J, and which was not provided either with the schedule or in Exhibit F; (2) his payments on the first deed of trust, for which there is no detailed breakdown of principal, interest, taxes, and other expenses; (3) and debtor should also provide financial projections for the entire 60-month duration of the plan.
The court will also require that debtor provide a narrative statement about his employment history and future employment prospects and his income producing activities, such as the investment real property and its income prospects, such as rental increases or decreases.
Appearances are required on 1/16/19, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
Docket 1
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. Off calendar. Continued on the court's own motion to 1/16/19 at 11:00 a.m. to be conducted with the hearing on debtor's disclosure statement. No appearances are required on 12/19/18.
Prior tentative ruling as of 11/6/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
Docket 38
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19.
Debtor(s):
Dean Henrik Okland Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
11:30 AM
fr. 9/30/15, 2/24/16, 4/6/16
Docket 343
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19 to discuss scheduling of further proceedings, including discovery and trial.
Prior tentative ruling as of 5/2/16. Appearances are required on 5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/4/16. The court has reviewed debtor's unilateral status report. No tentative ruling on the merits. Appearances are required on 4/5/16 to discuss status of mediation and scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 2/22/16. The court has reviewed debtor's unilateral status report. No tentative ruling on the merits. Appearances are required on 2/24/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/28/15. No tentative ruling on the merits. Appearances are required on 9/30/15 to discuss scheduling of pretrial and trial proceedings.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set schedule of pretrial and trial proceedings. Parties should advise the court on their pretrial and trial needs. The court also notes that claimant failed to provide a judge's copy of the opposition which have separately tabbed exhibits as required by Local Bankruptcy 5005-2(d) and will have to provide such copy.
11:30 AM
Debtor's evidentiary objection to exhibits in support of the opposition appears to have merit, and while the court might sustain the objection, the court will afford an opportunity to claimant to support declarations to authenticate the exhibits as well as to provide the declaration of claimant under penalty of perjury to support the factual assertions in the opposition. The court is not satisfied that the declaration of counsel in support of the opposition is sufficient due to lack of foundation of the factual representations made therein. The court may continue the hearing for claimant to remedy these procedural deficiencies, or just set a litigation schedule. The court is not inclined to sustain the objection of debtor at this time without giving claimant an opportunity to cure the procedural deficiencies of the opposition in light of the amount of controversy and the facial validity of the arguments in the opposition supported by the exhibits (i.e., there appears to be a bona fide dispute about whether debtor was entitled to retain claimant's $500,000 deposit if there were omissions of material fact regarding marketable title to the subject real property as alleged in the opposition. Appearances are required on 9/16/15.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
1:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 56
Updated tentative ruling as of 5/28/19. Off calendar. Hearing vacated by order entered on 5/24/19 ruling on the motion. No appearances are required on the motion on 5/29/19.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 35
Updated tentative ruling as of 5/28/19. Off calendar. Hearing vacated by order entered on 5/24/19 ruling on the motion. No appearances are required on the motion on 5/29/19.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Continued on the court's own motion to 3/12/19 at 2:30
p.m. by order filed and entered on 1/3/19. No appearances are required on 1/9/19.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 2/26/19, 4/9/19, 5/14/19
Docket 47
Updated tentative ruling as of 5/28/19. Off calendar. Hearing vacated by order entered on 5/24/19 ruling on the motion. No appearances are required on the motion on 5/29/19.
Prior tentative ruling as of 2/25/19. Appearances are required on 2/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 3/12/19, 4/30/19, 5/7/19
Docket 1
Updated tentative ruling as of 5/28/19. Counsel for plaintiff has informally advised the court by leaving a voicemail message that he is out of the country on vacation and requests a continuance of the status conference. Since this is not a proper request for a continuance, such request is denied. See Local Bankruptcy Rule 9013-1(m). Appearances are required on 5/29/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/22/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion for judgment on the pleadings. No appearances are required on 5/15/18.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
1:30 PM
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Misc#: 2:19-00103 Morabito et al
Docket 8
The moving papers are deficient because there is no service on debtor personally as required by Local Bankruptcy Rule 9013-1(d)(1) which requires service of a motion and notice in the debtor and the debtor's attorney, particularly here since the debtor is a party to the proceeding. The proof of service of the moving papers do not show service on the debtor personally, and it is unclear whether his attorney was served because the service list attached to the proof of service of the motion do not indicate who the service parties represent, except the subpoenaed party. Movant will need to prove service on the debtor and his attorney pursuant to this rule. Appearances are required on 5/29/19, but counsel may appear by telephone.
Plaintiff(s):
JH, Inc Represented By
Michael A Wallin
Jerry Herbst Represented By
Michael A Wallin
2:30 PM
fr. 3/13/19, 4/3/19, 5/15/19
Docket 2423
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. Off calendar. The court on its own motion continues the hearing to be conducted with the continued hearing on plan agent's motion for protective order scheduled for 5/29/19 at 2:30 p.m. No appearances are required on 5/15/19.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling. Since the parties do not dispute that movant is not in technical compliance with LBR 2004-1 regarding a prefiling conference, the court will order movant to comply with this prefiling conference requirement before ruling on the motion on the merits.
In reviewing the motion, the court has concerns regarding the volume of documents requested by movant which do not appear to be entirely relevant and reasonable and appears to be burdensome and oppressive. In some respect, movant has proposed modifications in the document production requests in his reply, which should be discussed by the parties in their prefiling conference under LBR 2004-1(a).
It seems to the court that movant has standing to request "reasonable and relevant" information about estate administration, but not all the information
2:30 PM
requests seem to be reasonable and relevant and may be proprietary information not available to parties who intend to compete with debtor's business, such as movant. That movant has a right to ply his trade does not mean that he is entitled to proprietary information of the estate to compete with debtor.
The court will set a further hearing on the motion for a date that the parties have had their prefiling conference and have had an opportunity to identify and discuss in further briefing their remaining differences.
Appearances are required on 2/19/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Movant(s):
Douglas Chrismas Represented By David B Shemano Alan W Forsley Jonathan Shenson
2:30 PM
fr. 5/15/19
Docket 2445
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
2:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 11/7/18, 3/6/19, 3/13/19, 5/15/19
Docket 1
Updated tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. Off calendar. Continued by stipulation and order to 5/29/19 at 2:30 p.m. No appearances are required on 5/15/19.
Revised tentative ruling as of 3/11/19. The court is inclined to set a further status conference to allow time for Cathay Bank to provide input on discovery and trial setting, but 60 days rather than 3 to 6 months, and because the case is not yet at issue. The court has considered the requests of various parties for severance of claims for trial, but while the court agrees with plaintiff, it may be early, but given the unwieldy nature of this litigation, some severance of claims probably makes sense. Plaintiff's concerns about efficiency of litigation might be handled by some consolidation of discovery and other pretrial proceedings. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. Appearances are required on 9/12/18, but counsel may appear by telephone. No tentative ruling on the state of discovery, except regarding 400 S. La Brea, LLC's submission of documents for in camera review:
2:30 PM
Document | Tentative Ruling |
400 S. La Brea, LLC's 2015 Balance Sheet 400 S. La Brea, LLC's 2016 Balance Sheet 400 S. La Brea, LLC's 2016 Income Statement 400 S. La Brea, LLC's 2016 Federal and State Tax Returns | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B)(i). |
2012 Appraisal of the Subject Property 2013 Appraisal of the Subject Property | Order disclosure, subject to redaction of "confidential commercial information." |
2017 Appraisal of the Subject Property Technical Review of the 2017 Appraisal of the Subject Property | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B) (i). The 2017 documents are irrelevant because they postdate the subject lease term. |
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
2:30 PM
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
2:30 PM
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Adv#: 2:19-01088 7175 WB, LLC v. Levene, Neale, Bender, Yoo & Brill, L.L.P.
Docket 5
- NONE LISTED -
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
Defendant(s):
Levene, Neale, Bender, Yoo & Brill, Represented By
Jason Wallach
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
2:30 PM
Adv#: 2:19-01088 7175 WB, LLC v. Levene, Neale, Bender, Yoo & Brill, L.L.P.
§ 425.16
Docket 7
- NONE LISTED -
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
Defendant(s):
Levene, Neale, Bender, Yoo & Brill, Represented By
Jason Wallach
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
9:00 AM
fr. 7/27/18, 10/4/18, 1/17/19
Docket 20
Updated tentative ruling as of 5/29/19. Off calendar. Continued by stipulation and order to 9/19/19 at 10:00 a.m. No appearances are required on 5/30/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding debtor's good faith in filing this case and whether the filing of debtor's petition was part of a scheme to hinder, delay or defraud creditors. The court will conduct the hearing as a status conference, and the parties should be prepared to discuss scheduling of an evidentiary hearing. Appearances are required on 5/22/18, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
1:00 PM
fr. 4/30/19, 5/13/19
Docket 248
Updated tentative ruling as of 5/29/19. No tentative ruling on the merits. Appearances are required on 5/30/19, but counsel may appear by telephone.
No tentative ruling as of 5/13/19. Appearances are required on 5/13/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
1:00 PM
Docket 1
Updated tentative ruling as of 5/29/19. No tentative ruling on the merits. Appearances are required on 5/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. No tentative ruling on the merits. Appearances are required on 5/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Off calendar. The court on its own motion continues the status conference to 4/30/19 at 2:30 p.m. to be conducted with the hearing on debtor's motion for an order approving sale of certain estate assets. No appearances are required on 4/17/19.
Prior tentative ruling as of 1/14/19. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:30 AM
Docket 438
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition, except for debtor's limited opposition in which it does not contest the granting of stay relief, except for opposing the waiver of the 14 day stay under FRBP 4001(a)(3).
Grant request for waiver of the 14-day stay under FRBP 4001(a)(3) since there is no good reason to deny the request as there is no substantive opposition to the motion.
Appearances are required on 6/4/19, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
10:30 AM
Docket 46
The moving papers are deficient since the proof of service fails to show service on debtor as required by LBR 4001-1(c)(1)(C). Now that the case has been converted to Chapter 7, movant will also have to serve the Chapter 7 trustee as required by LBR 4001-1(c)(1)(C). The hearing will have to be continued and renoticed or the motion will be dismissed without prejudice.
Appearances are required on 6/4/19, but counsel may appear by telephone.
Debtor(s):
Dean Henrik Okland Pro Se
Movant(s):
Jennifer Sunderland Represented By Daren M Schlecter Kimberly Wright
10:30 AM
(Nissan Motor Acceptance Corporation VS Debtor)
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Sandra G Luna-Rosales Represented By
Michael H Colmenares
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
(George C. Hopkins Marital Deduction Trust VS Debtor)
Docket 18
Deny stay relief since movant is using the wrong form motion because debtor is not the tenant of the subject lease and the automatic stay of the bankruptcy case of the debtor who is not the tenant on the lease does not affect movant's unlawful detainer claim. Debtor is the president of the lessee entity, but the lease in the name of a separate legal entity as tenant, and apparently, movant is seeking monetary damages for back rent and attorneys' fees against debtor as a guarantor of the tenant entity, for which the mandatory local court form stay relief motion for action in a nonbankruptcy forum, Form 4001-1.RFS.NONBK.MOTION, should have been used. This form motion provides for relief to enforce remedies to a final judgment in a nonbankruptcy forum, provided that the stay remains in effect with respect to enforcement of any judgment against the debtor or property of the debtor's bankruptcy estate. In other words, such relief allows the movant to liquidate a claim against debtor or his bankruptcy estate in a nonbankruptcy forum rather than in the bankruptcy court, which is apparently what movant is seeking to accomplish rather than obtaining a judgment of possession on an unlawful detainer claim from a party who is not the tenant on the lease.
Deny request for stay annulment for failing to show that the legal standards of National Environmental Waste Corp. v. City of Riverside (In re National Environmental Waste Corp.), 129 F.3d 1052 (9th Cir. 1997) and In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013) have been met.
Deny requests for extraordinary relief in paragraphs 3, 8, 9, 10 and 11 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). Movant lacks standing to seek relief under 11 U.S.C. 362(d)(4) because it is not a secured creditor of debtor, only a lessor of a lease where the tenant is a nondebtor party.
10:30 AM
Deny request for relief under 11 U.S.C. 362(b)(22) that there is no stay since movant has not met the conditions of these provisions with evidence of a judgment for possession of residential property under 11 U.S.C. 362(b)(22). The moving papers indicate that this is a lease of nonresidential property and that debtor is not the tenant and do not indicate that movant has obtained a judgment of possession.
Deny request for relief under 11 U.S.C. 362(b)(23) that there is no stay since movant has not met the conditions of these provisions with evidence of endangerment of residential property or illegal use of controlled substances where debtor resides as a tenant under a lease or rental agreement under 11
U.S.C. 362(b)(23). The moving papers indicate that this is a lease of nonresidential property and that debtor is not the tenant and do not indicate that any endangerment of residential property or illegal use of controlled substances on the premises.
Movant requested relief under 11 U.S.C. 362(b)(22) and (23) without any reasonable basis in fact and law, and the court requires signing counsel for movant, Luke Daniels, to appear and show cause why sanctions of $100 should not be imposed against him for requesting such relief without a reasonable basis in fact and law under Fed. R. Bankr. P. 9011.
Appearance of counsel for movant is required on 6/4/19, and counsel must appear in person and may not appear by telephone.
Debtor(s):
HOOMAN MORVARID Represented By Eileen Keusseyan
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
(PPF Industrial 12016 Telegraph Rd. LP VS Debtor)
Docket 21
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition.
Deny requests for extraordinary relief in paragraphs 7, 9 and 11 for lack of legal authority and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009).
The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
ARCVISION TECHNOLOGY Represented By Jan-Yung Lin
10:30 AM
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 29
No tentative ruling as of 6/3/19. Appearances are required on 6/4/19, but counsel may appear by telephone.
Debtor(s):
Kyle Wayne Davis Represented By Armen Shaghzo
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:30 PM
Adv#: 2:17-01149 Van v. Martinez
#7.00 Cont'd pretrial conference re: Complaint for denial of discharge of debt fr. 11/13/18, 2/5/19, 4/2/19
Docket 1
Updated tentative ruling as of 6/3/19. No tentative ruling on the merits. Appearances are required on 6/4/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/2/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no
1:30 PM
objections to the exhibits are stated unless the parties waive objections. Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/18/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the status reports filed by the parties. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Sandy Van Pro Se
1:30 PM
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:19-01067 Irwin Naturals v. Ramirez
fr. 5/14/19
Docket 1
Updated tentative ruling as of 6/3/19. No tentative ruling on the merits. Appearances are required on 6/4/19, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion continues the status conference to 6/4/19 at 1:30 p.m. at the request of the parties in their joint status report stating that the matter is being settled, but that defendant has a schedule conflict on 5/14/19. No appearances are required on 5/14/19.
Debtor(s):
Jose D Ramirez Pro Se
Defendant(s):
Jose D Ramirez Pro Se
Plaintiff(s):
Irwin Naturals Represented By
Jeanene Moenckmeier
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Adv#: 2:19-01095 Tannehill v. Mendoza
§§523(a)(2)(A), 523(a)(4) and 523(a)(6)
Docket 1
Off calendar. Continued by stipulation and order to 6/11/19 at 1:30 p.m. No appearances are required on 6/4/19.
Debtor(s):
Susanne Barbara Mendoza Represented By Marc A Goldbach
Defendant(s):
Susanne Barbara Mendoza Pro Se
Plaintiff(s):
Byron Tannehill Represented By Brett Ramsaur
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Docket 1
No tentative ruling as of 6/3/19. Appearances are required on 6/4/19.
Debtor(s):
Manhua Hu Pro Se
2:30 PM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
Docket 47
Off calendar. Continued to 6/25/19 at 11:00 a.m. on the court's own motion by prior order. No appearances are required on 6/4/19.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Represented By Holly J Nolan
Unify Credit Union Represented By Brett P Ryan
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
2:30 PM
Docket 349
No tentative ruling as of 6/3/19. Appearances are required on 6/4/19, but counsel may appear by telephone.
Debtor(s):
Eugen Valentin Dietl Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Aram Ordubegian Annie Y Stoops
M Douglas Flahaut Christopher K.S. Wong
2:30 PM
Docket 443
Off calendar. Continued to 6/5/19 at 11:00 a.m. by prior order. No appearances are required on 6/4/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
2:30 PM
Docket 75
Grant debtor's motion for order authorizing use of estate property to dissolve DJPE Corp. for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 6/4/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
11:00 AM
Docket 306
Grant trustee's motion for order authorizing sale of estate asset subject to overbid and approval of compromise with creditor Second Generation, Inc., for the reasons stated in the moving papers and for lack of timely written objection, but no tentative ruling on determination of good faith purchaser status since the sale is subject to overbidding. Appearances are required on 6/5/19, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz
Trustee(s):
Wesley H. Avery Represented By
Kristofer R McDonald Richard A Marshack D Edward Hays
David Wood
11:00 AM
Docket 291
Treat as a contested matter under FRBP 9014 since there are material issues of disputed fact. Parties should be prepared to discuss an appropriate schedule of pretrial and trial proceedings. Appearances are required on 6/5/19, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 1
Off calendar. The status conference is moot since the case has been dismissed. No appearances are necessary.
Debtor(s):
Rich Honey, Inc. Represented By Todd L Turoci
11:00 AM
fr. 6/4/19
Docket 443
Off calendar. Continued to 6/12/19 at 11:00 a.m. by prior order. No appearances are required on 6/5/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
11:00 AM
fr. 5/15/19, 5/29/19
Docket 429
Updated tentative ruling as of 6/3/19. Off calendar. Motion withdrawn by notice filed by United States Trustee on 6/3/19. No appearances are required on 6/5/19.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19.
No tentative ruling as of 5/14/19. Appearances are required on 5/15/19.
Debtor(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
1:30 PM
fr. 2/26/19, 5/3/19
Docket 14
Updated tentative ruling as of 6/3/19. Off calendar. Motion withdrawn by debtors by notice filed on 5/29/19. No appearances are required on 6/5/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding valuation of the subject real property. The court will set a schedule of pretrial and trial proceedings, including discovery and trial setting. The court notes that counsel for debtor has been suspended from practicing law for 6 months beginning 1/25/19 according to information on the state bar website. Appearances are required on 2/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Ciro L Perez Represented By
Peter L Lago
Joint Debtor(s):
Maria M Perez Represented By Peter L Lago
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
outside the ordinary course of business; (B) subject to overbid; and (C) for determination of good faith purchaser Under 11 U.S.C. §363(M); and (2) approving compromise with second generation, Inc.
fr. 6/5/19
Docket 306
No updated tentative ruling as of 6/5/19. Appearances are required on 6/6/19, but counsel may appear by telephone.
Prior tentative ruling. Grant trustee's motion for order authorizing sale of estate asset subject to overbid and approval of compromise with creditor Second Generation, Inc., for the reasons stated in the moving papers and for lack of timely written objection, but no tentative ruling on determination of good faith purchaser status since the sale is subject to overbidding.
Appearances are required on 6/5/19, but counsel may appear by telephone.
Debtor(s):
Kody Branch of California, Inc. Represented By
John-Patrick M Fritz
Trustee(s):
Wesley H. Avery Represented By
Kristofer R McDonald Richard A Marshack D Edward Hays
David Wood
1:00 PM
fr. 4/30/19, 5/13/19, 5/30/19
Docket 248
Updated tentative ruling as of 6/10/19 at 1:25 p.m. Based on telephone request of counsel for debtor to postpone the hearing from 2:00 p.m. to 3:00
p.m. based on representations that the auction proceedings at 10:00 a.m. are protracted, that it may be difficult for the parties appearing at the auction to appear for the hearing at 2:00 p.m. and that all relevant parties consent to this short postponement, the court on its own motion reschedules the hearing from 2:00 p.m. to 3:00 p.m. Appearances are required at 3:00 p.m., not 2:00 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19 at 10:45 a.m. Based on telephone request of counsel for debtor to postpone the hearing from 1:00 p.m. to 2:00 p.m. based on representations that the auction proceedings at 10:00 a.m. are protracted, that it may be difficult for the parties appearing at the auction to appear for the hearing at 1:00 p.m. and that all relevant parties consent to this short postponement, the court on its own motion reschedules the hearing from 1:00 p.m. to 2:00 p.m. Appearances are required at 2:00 p.m., not 1:00 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 6/7/19. No tentative ruling on the merits. Appearances are required on 6/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/29/19. No tentative ruling on the merits. Appearances are required on 5/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. Appearances are required on 5/13/19, but counsel may appear by telephone.
1:00 PM
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
1:00 PM
Docket 1
Updated tentative ruling as of 6/10/19 at 1:25 p.m. Based on telephone request of counsel for debtor to postpone the status conference from 2:00
p.m. to 3:00 p.m. based on representations that the auction proceedings at 10:00 a.m. are protracted, that it may be difficult for the parties appearing at the auction to appear for the status conference at 2:00 p.m. and that all relevant parties consent to this short postponement, the court on its own motion reschedules the status conference from 2:00 p.m. to 3:00 p.m. Appearances are required at 3:00 p.m., not 2:00 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19 at 10:45 a.m. Based on telephone request of counsel for debtor to postpone the status conference from 1:00 p.m. to 2:00 p.m. based on representations that the auction proceedings at 10:00
a.m. are protracted, that it may be difficult for the parties appearing at the auction to appear for the status conference at 1:00 p.m. and that all relevant parties consent to this short postponement, the court on its own motion reschedules the status conference from 1:00 p.m. to 2:00 p.m. Appearances are required at 2:00 p.m., not 1:00 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 6/7/19. No tentative ruling on the merits. Appearances are required on 6/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/29/19. No tentative ruling on the merits. Appearances are required on 5/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. No tentative ruling on the merits. Appearances are required on 5/13/19, but counsel may appear by telephone.
1:00 PM
Prior tentative ruling as of 4/16/19. Off calendar. The court on its own motion continues the status conference to 4/30/19 at 2:30 p.m. to be conducted with the hearing on debtor's motion for an order approving sale of certain estate assets. No appearances are required on 4/17/19.
Prior tentative ruling as of 1/14/19. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
10:30 AM
(U.S. Bank National Association VS Debtor)
Docket 596
The moving papers are deficient because the names of the declarants are blank and the supporting declarations are not signed. The motion should be denied without prejudice, or movant should amend its pleadings to include signed supporting declarations. Appearances are required on 6/11/19, but counsel may appear by telephone.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter Varand Gourjian
10:30 AM
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Tyler Bee Represented By
Christian T Kim
Trustee(s):
Heide Kurtz (TR) Pro Se
10:30 AM
Docket 12
Although the copy of the loan agreement in the moving papers is illegible and the certificate of title is unauthenticated, grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition because debtor's schedules list movant as the lender for the loan on the 2018 Nissan Sentra, which debtor has indicated that he intended to surrender. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Appearances are required on 6/11/19, but counsel may appear by telephone.
Debtor(s):
Joahna Ivonne Castaneda Vallado Represented By
Michael E Clark
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
(American Honda Finance Corporation VS Debtors)
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny stay relief under 11 U.S.C. 362(d)(2) because the moving papers indicates an equity cushion of 3%. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Brian Anoukone Anoulak Represented By Nancy Korompis
Joint Debtor(s):
Laura Gisela GuatiRojo Anoulak Represented By
Nancy Korompis
Trustee(s):
John P Pringle (TR) Pro Se
10:30 AM
(Citywide Management and Consulting Inc dba Kim and Casey Property Management VS Debtor)
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Rosalinda Montano Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Felipe De Jesus Duarte Represented By Sam Benevento
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
fr. 3/6/19, 3/21/19, 5/15/19
Docket 180
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. The court has reviewed creditor's unilateral status report regarding mediation. No tentative ruling on the merits. Appearances are required on 5/15/19 for the evidentiary hearing.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19 for the evidentiary hearing.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Prior tentative ruling as of 12/17/18. No tentative ruling will be issued for the evidentiary hearing on creditor's motion to convert case to Chapter 7.
Appearances are required on 12/19/18.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President
11:00 AM
George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/19/18 at 1:30 p.m. No appearances are required on 12/5/18.
Prior tentative ruling. Overrule evidentiary objections of debtor to Polis declaration. The court is inclined to order debtor to file a written outline of how this case will reorganize with an estimated timetable by 11/21/18 and set a further and separate hearing on the motion on 11/28/18 at 10:00 a.m. to discuss the status of debtor's reorganization efforts. Debtor's opposition really did not show much in the way of the presence of a reasonable likelihood of reorganization to persuade the court to deny the motion at the hearing on 11/14/18, which is somewhat disconcerting, given the age of this case, now approaching its one year anniversary on 11/30/18. The court thinks debtor must make some showing of a reasonable likelihood of a confirmable plan within a reasonable period of time, or otherwise it might be convinced to grant the motion. Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
fr. 3/6/19, 3/21/19, 5/15/19
Docket 255
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. The court is inclined to allow the parties to participate in mediation before the settlement judge before ruling on the amended disclosure statement.
Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling. Disapprove proposed disclosure statement for lack of sufficient information because it lacks sufficient detailed information on how the plan is feasible, including historical financial information. Just attaching copies of monthly operating reports to the disclosure statement is insufficient. The disclosure statement needs to describe the means on how the plan is going to be funded to demonstrate feasibility to creditors. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
1:30 PM
Adv#: 2:18-01351 Mover v. Jaurigui
§§727(a)(2), 727(a)(4)
fr. 1/8/19
Docket 1
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling. Set a discovery cutoff date of 8/30/19 and a post- discovery status conference on 9/17/19 at 1:30 p.m. A joint status report is due on 9/10/19. Appearances are required on 1/8/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
Jonathan Mover Represented By Steven R Fox
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:18-01352 Swing House Rehearsal and Recording, Inc. v. Jaurigui
fr. 1/8/19
Docket 1
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling. Set a discovery cutoff date of 8/30/19 and a post- discovery status conference on 9/17/19 at 1:30 p.m. A joint status report is due on 9/10/19. Appearances are required on 1/8/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
Swing House Rehearsal and Represented By Steven R Fox
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:18-01296 Swift Financial, LLC fka Swift Financial Corporati v. Cohen
under 11 U.S.C. §523(a)(6) fr. 11/27/18
Docket 1
Updated tentative ruling as of 6/10/19. Off calendar. The court has reviewed plaintiff's interim status report stating that the alternate mediator would be able to complete a mediation in mid-June and requested a continuance of 30 days. The court on its own motion continues the status conference to 6/25/19 at 1:30 p.m. No appearances are required on 6/11/19. Plaintiff to give notice of continuance to defendant.
Prior tentative ruling. Set a discovery cutoff date of 5/31/19 and a post- discovery status conference on 6/11/19 at 1:30 p.m. with a joint status report due on 6/4/19. Order the matter to mediation, and the parties to file a selection of mediator and alternate mediator by 1/31/19 and complete mediation by 6/11/19. Appearances are required on 11/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website. Plaintiff to submit a proposed scheduling order within 7 days of the status conference.
Debtor(s):
Avi Cohen Represented By
Joshua L Sternberg
1:30 PM
Defendant(s):
Avi Cohen Pro Se
Plaintiff(s):
Swift Financial, LLC fka Swift Represented By Daren M Schlecter
Trustee(s):
Carolyn A Dye (TR) Pro Se
1:30 PM
Adv#: 2:18-01302 Klein et al v. Safyari et al
(11 U.S.C. §523(a)(4); and, 3. recovery of property (F.R.B.P. 9001(1)) fr. 11/27/18, 5/14/19
Docket 1
Updated tentative ruling as of 6/10/19. Set a discovery cutoff date of 8/31/19 and a pretrial conference for 10/29/19 at 2:00 p.m. A joint pretrial stipulation must be filed by 10/22/19. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. No tentative ruling on the merits. Appearances are required on 5/14/19 to address why monetary sanctions of
$100 should not be imposed against counsel for each party, but counsel may appear by telephone.
Prior tentative ruling. Set a discovery cutoff date of 4/30/19, order the matter to mediation, the parties to select a mediator and alternate by 12/31/18 and complete mediation by 5/14/19 and set a post-discovery status conference for 5/14/19 at 1:30 p.m. and deadline for filing a further joint status report of 5/7/19. Appearances are required on 11/27/18, but counsel may appear by telephone. Plaintiff to lodge a proposed scheduling order within 7 days of hearing.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Defendant(s):
Ben B. Safyari Pro Se
1:30 PM
ADY PROPERTY, LLC a California Pro Se
Plaintiff(s):
Joe Klein Represented By
Niv V Davidovich
MJK 18, LLC a Nevada limited Pro Se
1:30 PM
Adv#: 2:18-01302 Klein et al v. Safyari et al
Docket 12
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Defendant(s):
ADY PROPERTY, LLC a California Pro Se
Ben B. Safyari Represented By Raymond H. Aver
Plaintiff(s):
MJK 18, LLC a Nevada limited Pro Se
Joe Klein Represented By
Niv V Davidovich
1:30 PM
Adv#: 2:19-01100 Mitchell et al v. Okland
Docket 1
No tentative ruling on the merits. Appearances are required on 6/10/19 to address why monetary sanctions of $100 should not be imposed against counsel for plaintiffs for failure to file a status report as required by the order setting initial status conference, but counsel may appear by telephone.
Debtor(s):
Dean Henrik Okland Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Defendant(s):
Dean Okland Pro Se
Plaintiff(s):
Courtney Mitchell Represented By Anja Reinke
Tracy Canfield Represented By Anja Reinke
Michael Fleischer Represented By Anja Reinke
Nadia Fleischer Represented By Anja Reinke
1:30 PM
Susan Boyer Represented By
Anja Reinke
David Boyer Represented By
Anja Reinke
Alyssa Shah Represented By
Anja Reinke
Mark Poireir Represented By
Anja Reinke
Sara Ramo Represented By
Anja Reinke
Louie Schwartzberg Represented By Anja Reinke
Does 1 -10 Represented By
Anja Reinke
1:30 PM
Adv#: 2:19-01102 Sunderland et al v. Okland
U.S.C. §§523(a)(2)(A),(4) and (6); (4)-(7) denial of discharge as to all debts [11 U.S.C.
§§727(a)(2)-(5)]
Docket 1
Off calendar. The court has reviewed plaintiffs' unilateral status report and notes that plaintiffs resubmitted a request for entry of default on 6/7/19. The court on its own motion continues the status conference to 8/13/19 at 1:30
p.m. in order for plaintiffs' request for entry of default be considered by the court and for plaintiffs to prepare and file a motion for entry of default judgment. No appearances are required on 6/11/19.
Debtor(s):
Dean Henrik Okland Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Defendant(s):
Dean Henrik Okland Represented By
Roksana D. Moradi-Brovia
Plaintiff(s):
Jennifer Sunderland Represented By Kimberly Wright
James Farrow Represented By Kimberly Wright
1:30 PM
Adv#: 2:14-01500 Rund Chapter 7 Trustee v. Chen et al
fr. 4/9/19, 5/7/19, 5/28/19
Docket 1
Revised tentative ruling as of 6/10/19. Off calendar. Stipulation for dismissal of adversary proceeding was filed on 6/10/19, and an order approving the stipulation is being entered. No appearances are required on 6/11/19.
Prior tentative ruling as of 5/24/19. No tentative ruling on the merits. Appearances are required on 5/28/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/6/19. No tentative ruling on the merits. Appearances are required on 5/7/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Yian Chen Pro Se
Shavonne Tran Pro Se
1:30 PM
Doron Stephen Pro Se
DSI Computers, Inc., a California Pro Se
Plaintiff(s):
Jason Rund Chapter 7 Trustee Represented By Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:19-01095 Tannehill v. Mendoza
fr. 6/4/19
Docket 1
The court has reviewed the joint status report. The partes should be prepared to discuss scheduling of pretrial proceedings and trial since they are not in agreement on a proposed schedule and whether the matter should be referred to mediation. Appearances are required on 6/11/19, but counsel may appear by telephone.
Debtor(s):
Susanne Barbara Mendoza Represented By Marc A Goldbach
Defendant(s):
Susanne Barbara Mendoza Pro Se
Plaintiff(s):
Byron Tannehill Represented By Brett Ramsaur
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 10/23/18, 1/8/19, 4/9/19
Docket 1
Updated tentative ruling as of 6/10/19. Off calendar. Continued by stipulation and order to 8/13/19 at 2:00 p.m. No appearances are required on 6/11/19.
Prior tentative ruling as of 5/25/18. The court has reviewed the joint status report. Set a discovery cutoff date of 8/30/18, a pretrial conference for 10/23/18 at 2:00 p.m. and a deadline for filing a joint pretrial stipulation on 10/16/18. In the joint pretrial stipulation, the parties will need to address handling a bifurcated trial between claims to be tried before a jury in the district court and claims to be tried by the court in this court. Once the court approves the joint pretrial stipulation, the court will set a date for the court trial of the claims to be tried by this court and will make a referral of the jury triable claims to the district court. Appearances are required on 5/29/18 to discuss scheduling of further proceedings.
Prior tentative ruling as of 2/5/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 2/6/18 to discuss scheduling of further proceedings, including timing of amendment of pleadings, the proposed extended discovery cutoff date and the setting of a pretrial conference, but counsel may appear by telephone. Defendants have demanded a jury trial, but the court will defer referral of the jury triable claims to the district court for jury trial until the pretrial conference which this court will conduct (unless defendant successfully moves the district court to withdraw the reference). Plaintiff's potential postpetition transfer claims are
2:00 PM
core claims within this court's jurisdiction and do not appear to be jury triable.
Prior tentative ruling as of 11/6/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/7/17 to discuss scheduling of further proceedings, including mediation completion, extended discovery cutoff date and trial, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. The court has reviewed the joint status report. No tentative ruling on the merits, but grant joint request to extend the discovery cutoff date to 9/30/17. Appearances are required on 8/29/17 to discuss scheduling of a pretrial conference and the second mediation, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 5/23/17 to discuss scheduling of further proceedings, including extension of discovery cutoff date to 6/30/17 and setting a date for a pretrial conference, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/21/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/3/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes
2:00 PM
Michael Jay Berger
Defendant(s):
Premier Rehabilitation Services, a Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
fr. 4/30/19
Docket 69
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. The court on its own motion by prior order continues the hearing to 6/11/19 at 2:00 p.m. No appearances are required on 4/30/19.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
Defendant(s):
Ammec, Inc. Represented By
John Barriage
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:00 PM
Adv#: 2:18-01464 Neuger et al v. Salke
Docket 17
Revised tentative ruling as of 6/10/19. Grant plaintiffs' motion for default judgment for the reasons stated in the moving papers as supplemented on 6/3/19. Appearances are required on 6/11/19, but counsel may appear by telephone.
No tentative ruling as of 5/13/19. The court will discuss the concerns raised in its order of May 3, 2019 and will discuss the need for plaintiffs to show how they are entitled to judgment based on collateral estoppel (not clear under what law the court should apply here since the prior judgment was based on common law claims under state law rendered by a federal district court exercising diversity jurisdiction, and under what state law since the plaintiffs have diverse citizenship). Appearances are required on 5/14/19, but counsel may appear by telephone.
Debtor(s):
Alan Eugene Salke Represented By Simon Aron
Defendant(s):
Alan Eugene Salke Represented By Simon Aron
Plaintiff(s):
Win Neuger Represented By
J Scott Bovitz
Marshall Manley Represented By
2:00 PM
J Scott Bovitz
Peter A. Feinstein, M.D. Represented By J Scott Bovitz
Marshall Manley, Administrator of Represented By
J Scott Bovitz
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:18-01464 Neuger et al v. Salke
fr. 4/2/19, 5/7/19, 5/14/19
Docket 1
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. No tentative ruling on the merits. Appearances are required on 5/14/19, but counsel may appear by telephone.
No tentative ruling as of 4/1/19. Plaintiff filed a notice of motion on 3/23/19 for his motion for default judgment filed on 3/19/19 which purportedly notices the motion for hearing on 4/2/19 at 2:30 p.m. The notice of motion is not proper under LBR 9013-1(d) which requires 21 days notice of hearing, and the 14-day notice period for notice and opportunity to request hearing pursuant to LBR 9013-1(o) has not passed yet. Moreover, plaintiff has failed to serve a judge's copy of the moving papers on the presiding judge as required by LBR 5005-2(d). The court will not consider the motion for default judgment because it is defectively noticed and a judge's copy of the moving papers is properly served. The court will likely continue the status conference to a date after the motion for default judgment is properly noticed or plaintiff requests granting of the motion based on the lack of timely opposition to the motion and request for hearing. Appearances are required on 4/2/19, but counsel may appear by telephone.
Debtor(s):
Alan Eugene Salke Represented By Simon Aron
2:00 PM
Defendant(s):
Alan Eugene Salke Pro Se
Plaintiff(s):
Win Neuger Represented By
J Scott Bovitz
Marshall Manley Represented By J Scott Bovitz
Peter A. Feinstein, M.D. Represented By J Scott Bovitz
Marshall Manley, Administrator of Represented By
J Scott Bovitz
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
Docket 25
Treat the motion to avoid lien as a contested matter under FRBP 9014 and schedule an evidentiary hearing on valuation on condition that the judgment creditor, County of San Bernardino, obtains an admissible valuation opinion. The county's valuation opinions from Zillow.com and an online estimator are inadmissible because there is no showing that such valuations are based on scientifically accepted valuation methods, such as sales comparable valuation method, by a competent expert, such as a qualified real estate appraiser or professional, such as a broker or agent. Appearances are required on 6/11/19, but counsel may appear by telephone.
Debtor(s):
Cesar Canares Medina Represented By
L. Tegan Rodkey Steven A Alpert
Trustee(s):
Richard K Diamond (TR) Pro Se
2:30 PM
fr. 4/30/19
Docket 52
Updated tentative ruling as of 6/10/19. Treat as a contested matter under Federal Rule of Bankruptcy Procedure 9014 and set an evidentiary hearing and trial on the objection to Claim 9-1 of Ruben Saidian. The court does not expect that the trial would be long, perhaps 1-2 hours, and the court expects one of the parties to subpoena the debtor to testify as a trial witness.
Alternatively, the parties may bring cross-motions for summary judgment. Appearances are required on 6/11/19 to discuss scheduling of pretrial proceedings and trial, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Grant trustee's motions objecting to Claim 7-1 of Bijan Navidbakhsh, Claim 9-1 of Ruben Saidian and Claim 10-1 of Farshid Shohed for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 4/30/19, but counsel may appear by telephone.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
George E Schulman
2:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
fr. 1/29/19, 2/26/19, 5/7/19
Docket 32
Off calendar. Continued by stipulation and order to 7/30/19 at 2:30 p.m. No appearances are required on 6/11/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
2:30 PM
Application for fees and expenses [David M. Goodrich, Chapter 7 Trustee]
Docket 17
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 6/11/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Lara Lynn Burnett Represented By Sundee M Teeple
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Docket 17
Deny debtor's motion to compel judgment creditor to return funds and for sanctions without prejudice. First, based on the allegations of the motion, there is no automatic stay violation because the the creditor's alleged act consists of inaction, i.e., creditor not responding to debtor's counsel's letter of 7/12/18 telling creditor's counsel to release a levy, which may not be an act in violation of stay, and the the automatic stay had already terminated when debtor's discharge was entered on 4/23/18 and the property of the estate was technically abandoned after the trustee's no asset report and the case was closed on 4/24/19 pursuant to 11 U.S.C. 362(c)(1) and (2) and 554(c).
Second, since debtor is seeking to enforce the discharge injunction, he must use the civil contempt procedures set out in Local Bankruptcy Rule 9020-1, which he has not followed, and thus, the motion is procedurally defective. If debtor follows the procedures of Rule 9020-1, it is not clear from the papers that creditor violated the discharge injunction because there are no specific factual allegations as to what the creditor did to violate the discharge injunction, i.e., there is no allegation when the levy was executed, when creditor received the funds, and it may be that the levy was executed prepetition and the judgment lien attached to the funds prepetition. There is no showing that if this is the case that debtor avoided the judgment lien under 11 U.S.C. 522(f). In other words, there is not an adequate factual basis in the moving papers to grant relief of any kind. Appearances are required on 6/11/19, but counsel may appear by telephone.
Debtor(s):
Edward J Shin Represented By Young K Chang
2:30 PM
Movant(s):
Edward J Shin Represented By Young K Chang
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Docket 39
Off calendar. Continued by stipulation and order to 7/16/19 at 1:30 p.m. No appearances are required on 6/11/19.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
2:30 PM
Docket 44
Deny debtor's motion to vacate the order granting stay relief for the reasons stated in the oppositions of creditor Arixa and the trustee because granting relief would be futile since the property was foreclosed upon after stay relief was granted and the property was abandoned from the estate, and thus, the matter is moot since no effective relief can be granted here. Appearances are required on 6/11/19, but counsel may appear by telephone.
Debtor(s):
BARAKA HOLDINGS, LLC Represented By
Edmond Richard McGuire Douglas A Crowder
Trustee(s):
John J Menchaca (TR) Represented By Robert P Goe
2:30 PM
Adv#: 2:19-01032 Tilem v. Kudrave
Docket 11
It appears that the court lacks jurisdiction over this adversary proceeding to revoke the confirmation order under 11 U.S.C. 1144 because the action was filed on the 181st day after the entry of the confirmation order, and thus, the court lacks authority to enter the relief requested because the 180-day deadline is strictly construed and on its own motion dismiss the adversary proceeding for lack of jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). In re Orange Tree Associates, Ltd., 961 F.2d 1445 (9th Cir. 1992). Thus, the court does not reach the merits of defendant's motion to dismiss for failure to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6). The court would afford the opportunity for the parties to brief the court's tentative ruling for dismissal.
The court would deny defendant's motion to deny all supplemental fees without prejudice because such pleading should have been filed in the main bankruptcy case and not in the adversary proceeding since the applicant's fee applications are pending there. Debtor would need to refile such motion in the main bankruptcy case.
The court will also discuss rescheduling the status conference in the adversary proceeding as well as the postconfirmation status conference in the main bankruptcy case originally scheduled for 6/26/19 at this hearing.
Appearances are required on 6/11/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
2:30 PM
Debtor(s):
Peter G. Kudrave Pro Se
Defendant(s):
Peter G. Kudrave Pro Se
Plaintiff(s):
David A Tilem Represented By David A Tilem
11:00 AM
fr. 4/23/19
Docket 689
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. It would be helpful if Debtor and Mrs. Magleby and their counsel appeared in person, so the court can discuss the matters raised by the motion with them. Appearances are required on 4/23/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 4/10/19, 4/17/19, 4/23/19
Docket 656
Updated tentative ruling as of 6/11/19. The court has reviewed debtor's status report on various matters. No tentative ruling on the merits.
Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. Appearances are required on 4/10/19, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 4/10/19, 4/17/19, 4/23/19
Docket 548
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 12/19/18 at 11:00 a.m. No appearances are required on 11/13/18.
Corrected tentaive ruling. Off calendar. The court on its own motion
11:00 AM
continues the hearing on the application to 11/14/18 at 1:30 p.m. to be heard with hearings on other matters in the case on that date. No appearances are required on 11/13/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 4/10/19, 4/17/19, 4/23/19
Docket 594
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/17/18. Appearances are required on 12/19/18.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 4/10/19, 4/17/19, 4/23/19
Docket 390
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. In the papers filed by debtor and creditor Cindy Magleby in response to the court's order to show cause re: dismissal or conversion, although these parties did not agree on whether the case should be dismissed, they both indicated a willingness to have the family law court adjudicate the merits of Mrs. Magleby's claims as well as other family law issues with possible availability for trial in June 2019. There is also a possibility of further settlement efforts in the family law court as indicated by
11:00 AM
counsel for Mrs. Magleby as reflected in the transcript of hearing before that court in December 2019. The court encourages the parties to pursue their settlement discussions with the family law court and is amenable to having the family law court adjudicate the merits of Mrs. Magleby's claims if this is supported by the parties and the availability of that court to try these matters expeditiously. In that regard, the court would consider a proposed stipulated order clarifying stay relief to allow the family law court to try the claims and issues agreed upon by the parties, including the claims being objected to in this contested matter. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on
11:00 AM
12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 174
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for
11:00 AM
creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing
11:00 AM
on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 4/10/19, 4/17/19, 4/23/19
Docket 1
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. If debtor's motion to sell real property is granted, the court should probably set a final hearing on turnover to address issues relating to the sale unless the parties agreeing to conditions of turnover post-sale. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her
11:00 AM
current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
11:00 AM
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
fr. 4/30/19, 5/28/19
Docket 679
Updated tentative ruling as of 6/10/19. This matter is apparently resolved with the notice of withdrawal of debtor's renewed motion for order disallowing claim of Freid & Goldsman, APLC, filed on 6/10/19. Appearances are optional on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/24/19. No tentative ruling on the merits. Appearances are required on 5/28/19, but counsel may appear by telephone.
Prior tentative ruling. Continued by stipulation and order to 5/28/19 at 2:30
p.m. No appearances are required on 4/30/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 6/4/19, 6/5/19
Docket 443
No tentative ruling as of 6/10/19. Appearances are required on 6/12/19, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
11:00 AM
Docket 1
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/28/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/12/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold
11:00 AM
11:00 AM
Docket 1
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/25/19. Off calendar. Continued by stipulation and order to 6/12/19 at 11:00 a.m. No appearances are required on 3/27/19.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. Appearances are required on 3/7/18, but
11:00 AM
counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo
11:00 AM
Docket 43
No tentative ruling as of 6/10/19. Appearances are required on 6/12/19, but counsel may appear by telephone.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
11:00 AM
Docket 58
Updated tentative ruling as of 6/10/19. Appearances are required on 6/12/19 regarding schedule debtor's appearance before the court, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Although the amended disclosure statement is an improvement over the last version, the information is not completely adequate because debtor's listing of business expenses is inadequate and does not state what they are. Debtor should break down what they specifically are, and debtor should provide a historical breakdown of such specific expenses over the last 12 months. The court notes that the expenses are not evenly spread out during the last 12 months, but apparently are large in a few months and small in other months. Since the plan payments are so small, the court believes that it needs to give debtor's expenses close scrutiny, so that meaningful information is given to creditors for voting. Appearances are required on 4/17/19, but counsel may appear by telephone.
Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling. The matter of debtor's motion to value secured claim or lien as to Lending 1st Mortgage, LLC is not yet resolved and needs to be resolved before the case may proceed to plan confirmation. It appears that even though the motion is resolved as to Specialized Loan Servicing by stipulation and order, the motion is not resolved as to the other lien creditor
11:00 AM
and that the motion should be renoticed for hearing.
Debtor will have to provide additional information for the disclosure statement relating to: (1) his business expenses for which a detailed statement is required for Schedule I/J, and which was not provided either with the schedule or in Exhibit F; (2) his payments on the first deed of trust, for which there is no detailed breakdown of principal, interest, taxes, and other expenses; (3) and debtor should also provide financial projections for the entire 60-month duration of the plan.
The court will also require that debtor provide a narrative statement about his employment history and future employment prospects and his income producing activities, such as the investment real property and its income prospects, such as rental increases or decreases.
Appearances are required on 1/16/19, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
Docket 1
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. Off calendar. Continued on the court's own motion to 1/16/19 at 11:00 a.m. to be conducted with the hearing on debtor's disclosure statement. No appearances are required on 12/19/18.
Prior tentative ruling as of 11/6/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
1:30 PM
Docket 11
Updated tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19.
Prior tentative ruling. Treat the trustee's motion to dismiss as a contested matter under FRBP 9014 because there are factual issues regarding whether the bankruptcy case is properly filed (i.e., the attorney in fact is acting in a representative capacity that the bankruptcy case is truly the intent of debtor since the trustee has submitted evidence that this may be an elder abuse situation, which evidence is contested by the attorney in fact) and the case law is divided as to whether a general power of attorney may be used to file bankruptcy on another's behalf. See United States v. Spurlin, 664 F.3d 954, 959-960 (5th Cir. 2011), citing inter alia, In re Ballard, 1987 WL 191320 (Bankr. N.D. Cal. 1987); see also, In re Vitagliano, 303 B.R. 292 (Bankr. W.D.
N.Y. 2003). The court may have to set an evidentiary hearing on whether or not this case is the actual intent of debtor to seek bankruptcy relief and would require that debtor personally appear at this evidentiary hearing. The court also notes that on 4/5/19 the attorney in fact filed a notice of cancellation of the continued meeting of creditors under 11 U.S.C. 341(a) which the trustee had set for 4/9/19 at 8:00 a.m. Although the attorney in fact asserts that the cancellation was agreed to by the trustee in a telephone conversation on 3/27/19, if this is not true, and debtor and the attorney in fact failed to appear at the continued meeting of creditors on 4/9/19, this may be grounds for dismissal of the case for failure of debtor to appear at a meeting of creditors without further hearing pursuant to Local Bankruptcy Rules 1017-2(b) and 9013-1(q). Appearances are required on 4/16/19.
1:30 PM
Debtor(s):
Kiyoko Nakano Pro Se
Movant(s):
Carolyn A Dye (TR) Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
Adv#: 2:18-01209 Voong v. Trinh
Docket 1
Revised tentative ruling as of 6/11/19. Off calendar. Continued by stipulation and order to 8/20/19 at 1:30 p.m. No appearances are required on 6/12/19.
.
Prior tentative ruling as of 4/8/18. No tentative ruling on the merits. Appearances are required on 4/9/18, but counsel may appear by telephone.
Prior revised tentative ruling as of 11/6/18. Off calendar. Continued by stipulation and order to 3/5/19 at 1:30 p.m. No appearances are required on 11/6/18.
Prior tentative ruling as of 11/5/18. The court has reviewed the joint status report. The court tends to agree with plaintiff and defendant Trinh that a determination of whether the estate has an interest in the subject property first would be a more efficient use of litigation resources as that seems to be a straightforward issue. Deciding this issue is a threshold issue for Second Generation’s fraudulent transfer claims, and the parties would not have to litigate these claims if the assets were plaintiff’s separate property.
Appearances are required on 11/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. The court intends to advance the related matters on the court's 2:30 p.m. calendar to be heard with the status conference. However, the status conference will be conducted at the end of the 1:30 p.m. for matters in other cases to be called first. Appearances are required on 8/21/18, but counsel may appear by telephone.
2:30 PM
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
Defendant(s):
Catherine Trinh Pro Se
Plaintiff(s):
Kevin Voong Represented By
Dawn M Coulson
10:00 AM
Docket 143
No tentative ruling will be issued for trial. Appearances are required on 6/13/19.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Movant(s):
Joe Klein Represented By
Niv V Davidovich
Joe Klein Represented By
Niv V Davidovich
10:00 AM
Docket 85
Updated tentative ruling as of 6/3/19. No tentative ruling will be issued for trial. Appearances are required on 6/13/19.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling. Treat the motion as a contested matter because there are disputed issues of material fact whether cause exists for appointment of a Chapter 11 trustee under 11 U.S.C. 1104(a). The court will set a litigation schedule of pretrial and trial proceedings, including discovery, at the hearing, which will be treated as a status conference. Counsel should discuss their pretrial needs with each other before the hearing. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
10:00 AM
fr. 4/30/19, 5/7/19
Docket 142
Updated tentative ruling as of 6/3/19. No tentative ruling will be issued for trial. Appearances are required on 6/13/19.
Prior tentative ruling. The court was inclined to deny the stay relief motion at this time because of the limited and summary nature of a stay relief proceeding to determine whether movant as a creditor should be release from the stay to argue the merits of his claim in a separate proceeding. In re Griffin, 719 F.3d 1126, 1128 (9th Cir. 2013). Granting stay relief will require a determination of issues relating to the merits of movant's claim, such as whether the subject property is community property or not, whether there are reasonable prospects of reorganization and whether debtor filed the bankruptcy case in good faith, which are issues that will be determined in other proceedings pending before the court, that is, on movant's motion to dismiss and motion to appoint a Chapter 11 trustee, and debtor's motion to avoid movant's judgment lien. Appearances are required on 5/7/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Movant(s):
Joe Klein Represented By
Niv V Davidovich
Joe Klein Represented By
Niv V Davidovich
10:00 AM
9:00 AM
Docket 143
Revised tentative ruling as of 6/13/19. Off calendar. Trial concluded, and the matter will be taken under submission once supplemental briefing is filed by 6/28/19. No appearances are required on 6/14/19.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Movant(s):
Joe Klein Represented By
Niv V Davidovich
Joe Klein Represented By
Niv V Davidovich
9:00 AM
Docket 85
Revised tentative ruling as of 6/13/19. Off calendar. Trial concluded, and the matter will be taken under submission once supplemental briefing is filed by 6/28/19. No appearances are required on 6/14/19.
Updated tentative ruling as of 6/3/19. No tentative ruling will be issued for trial. Appearances are required on 6/14/19 if the trial is not concluded on 6/13/19.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling. Treat the motion as a contested matter because there are disputed issues of material fact whether cause exists for appointment of a Chapter 11 trustee under 11 U.S.C. 1104(a). The court will set a litigation schedule of pretrial and trial proceedings, including discovery, at the hearing, which will be treated as a status conference. Counsel should discuss their pretrial needs with each other before the hearing. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
10:00 AM
Docket 143
The trial if necessary on 6/14/19 will start at 9:00 a.m.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Movant(s):
Joe Klein Represented By
Niv V Davidovich
Joe Klein Represented By
Niv V Davidovich
10:00 AM
Docket 85
Updated tentative ruling as of 6/3/19. The trial if necessary on 6/14/19 will start at 9:00 a.m.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling. Treat the motion as a contested matter because there are disputed issues of material fact whether cause exists for appointment of a Chapter 11 trustee under 11 U.S.C. 1104(a). The court will set a litigation schedule of pretrial and trial proceedings, including discovery, at the hearing, which will be treated as a status conference. Counsel should discuss their pretrial needs with each other before the hearing. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
10:30 AM
Docket 598
Deny without prejudice because movant has not shown how the stay from this bankruptcy case affects this property. Exhibit 9 is missing the attached legal description of the property which would apparently tie in this property to the debtor; the reference to the borrower on the deed as the person requesting recordation of the deed is insufficient to tie the property to the debtor.
Otherwise, the moving papers do not show how the bankruptcy case relates to the property. Deny request for extraordinary relief in paragraph 3 of the prayer for relief to allow stay relief to work out a potential forebearance agreement with the debtor for lack of legal support because debtor was not the borrower on the loan agreement. Appearances are required on 6/25/19, but counsel may appear by telephone.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter Varand Gourjian
10:30 AM
Docket 596
Updated tentative ruling as of 6/24/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny relief from co-debtor stay under 11 U.S.C. 1201(a) and 1301(a) since those provisions are not applicable in a Chapter 7 bankruptcy case. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. The moving papers are deficient because the names of the declarants are blank and the supporting declarations are not signed. The motion should be denied without prejudice, or movant should amend its pleadings to include signed supporting declarations. Appearances are required on 6/11/19, but counsel may appear by telephone.
Debtor(s):
Chul Hyun Gong Pro Se
10:30 AM
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter Varand Gourjian
10:30 AM
Docket 31
Revised tentative ruling as of 6/24/19. Off calendar. Motion voluntarily dismissed by notice filed on 6/21/19. No appearances are required on 6/25/19.
Prior tentative ruling as of 5/13/19. Appearances are required on 5/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/8/19. Off calendar. Continued by stipulation and order to 5/14/19 at 10:30 a.m. No appearances are required on 4/9/19.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/12/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/15/19. No tentative ruling on the merits. Appearances are required on 2/19/19 to discuss scheduling of further proceedings if debtor has obtained competent and admissible evidence of valuation, but counsel may appear by telephone.
Prior tentative ruling. The court is inclined to grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition in that debtor's opposition was not timely filed at least 14 days before the hearing as required by Local Bankruptcy Rule 9013-1. The opposition was filed on 1/3/19, only 5 days before hearing.
Movant has made a prima facie showing of cause under 11 U.S.C. 362(d)(1) indicating the lack of adequate protection based on the $1,700,000 valuation
10:30 AM
admitted by debtor in his bankruptcy schedules, the amount of the lien being
$1,534,453.00 and estimated 8% cost of sale of $136,000.00, leaving net equity of $29,547.00, which is being eroded by a long and continuing failure to pay monthly mortgage payments of $7,939.71, debtor has not made monthly mortgage payments for at least 112 months, this bankruptcy case is a Chapter 7 liquidation case, the Chapter 7 trustee has not opposed the motion, apparently determining the lack of net realizable equity for creditors based on movant's valuation, and thus, there is no bankruptcy purpose to keeping the stay in place to administer the asset in this case.
Debtor's opposition is not supported by competent and admissible evidence of valuation. The opinions of valuation in the opposition are not under declaration of penalty of perjury in accordance with 28 U.S.C. 1746(2). The qualifications of the valuation witnesses are not stated in the opposition showing that a qualified expert witness is rendering the opinion. Moreover, there is no scientifically validated method of valuation demonstrated in the valuation opinion, such as based on the sales comparable method of valuation. To the extent that debtor is relying his own opinion as the owner of the subject property, the court accords such opinion little, if any, weight because the opinion is conclusory and not credible unless it is based on same critical analysis as an independent real estate appraiser using the sales comparable or other scientifically valid method of valuation. In re Meeks, 349
B.R. 19, 22 (Bankr. E.D. Cal. 2006).
The court is inclined to grant the motion for the reasons set forth in this tentative ruling, but would consider continuing the matter for an evidentiary hearing on valuation if debtor retains an independent real property appraiser who provides a written valuation report based on scientifically valid methods of valuation and is called to testify at the evidentiary hearing and is subject to cross-examination by movant.
Appearances are required on 1/8/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
10:30 AM
Debtor(s):
Joseph West Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
fr. 6/4/19
Docket 46
Updated tentative ruling as of 6/24/19. Since a Chapter 7 trustee was appointed on 6/5/19 during the pendency of this motion and has not been serve with the moving papers, movant will need to serve the trustee with the moving papers. The court will require movant to file and serve an amended notice of motion with a new hearing date on the trustee and the debtor who is now self-represented. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling. The moving papers are deficient since the proof of service fails to show service on debtor as required by LBR 4001-1(c)(1)(C). Now that the case has been converted to Chapter 7, movant will also have to serve the Chapter 7 trustee as required by LBR 4001-1(c)(1)(C). The hearing will have to be continued and renoticed or the motion will be dismissed without prejudice. Appearances are required on 6/4/19, but counsel may appear by telephone.
Debtor(s):
Dean Henrik Okland Pro Se
Movant(s):
Jennifer Sunderland Represented By Daren M Schlecter Kimberly Wright
10:30 AM
(Mercedes-Benz Financial Services USA LLC VS Debtors)
Docket 14
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Roberto L Mangahas Represented By Alon Darvish
Joint Debtor(s):
Felicidad D Mangahas Represented By Alon Darvish
Trustee(s):
Wesley H Avery (TR) Pro Se
11:00 AM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
fr. 6/4/19
Docket 47
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/25/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Represented By Holly J Nolan
Unify Credit Union Represented By Brett P Ryan
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By
11:00 AM
Brett B Curlee
11:00 AM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
Docket 60
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Because the court's ruling on the various motions may result in dismissal of some but not all parties and/or claims, the parties should comment on whether the court should apply Federal Rule of Civil Procedure 54(b) to enter final judgment as to some but not all claims and/or parties. Appearances are required on 6/25/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Represented By Holly J Nolan
Unify Credit Union Represented By Brett P Ryan
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
11:00 AM
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
11:00 AM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
Docket 31
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Because the court's ruling on the various motions may result in dismissal of some but not all parties and/or claims, the parties should comment on whether the court should apply Federal Rule of Civil Procedure 54(b) to enter final judgment as to some but not all claims and/or parties. Appearances are required on 6/25/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/24/19. Off calendar. The court has issued an order continuing the hearings on the motions of Defendants Unify Financial Credit Union and Discover Bank to dismiss to 6/25/19 at 11:00 a.m. No appearances are required on 5/28/19.
Prior tentative ruling as of 4/15/19. Appearances are required on 4/16/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Represented By Holly J Nolan
Unify Credit Union Represented By
11:00 AM
Brett P Ryan
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
11:00 AM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
fr. 1/15/19, 4/16/19, 5/28/19
Docket 1
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Because the court's ruling on the various motions may result in dismissal of some but not all parties and/or claims, the parties should comment on whether the court should apply Federal Rule of Civil Procedure 54(b) to enter final judgment as to some but not all claims and/or parties. Appearances are required on 6/25/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/24/19. Off calendar. The court has issued an order continuing the status conference to 6/25/19 at 11:00 a.m. No appearances are required on 5/28/19.
Prior tentative ruling as of 4/15/19. Off calendar. Continued to 5/28/19 at 1:30 p.m. by order entered on 4/10/19. No appearances are required on 4/16/19.
Prior tentative ruling. The court will conduct the status conference on its 2:30
p.m. calendar with the hearings of plaintiff's motion to file an amended complaint and defendant UNIFY Financial Credit Union's motion to dismiss rather than at 1:30 p.m. for the convenience of the parties and the court.
Appearances are required on 1/15/19 at 2:30 p.m., but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
11:00 AM
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Pro Se
Unify Credit Union Pro Se
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
11:00 AM
Adv#: 2:19-01126 Gonzalez v. Avery
Docket 6
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/25/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Wesley Avery Represented By Brett B Curlee
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
1:30 PM
fr. 2/24/16, 4/6/16, 5/29/19
Docket 343
Updated tentative ruling as of 6/24/19. Appearances are required on 6/25/19 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19 to discuss scheduling of further proceedings, including discovery and trial.
Prior tentative ruling as of 5/2/16. Appearances are required on 5/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/4/16. The court has reviewed debtor's unilateral status report. No tentative ruling on the merits. Appearances are required on 4/5/16 to discuss status of mediation and scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 2/22/16. The court has reviewed debtor's unilateral status report. No tentative ruling on the merits. Appearances are required on 2/24/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/28/15. No tentative ruling on the merits. Appearances are required on 9/30/15 to discuss scheduling of pretrial and trial proceedings.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set schedule of pretrial and trial proceedings. Parties should advise the court on their pretrial and trial needs. The court also notes that claimant failed to
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provide a judge's copy of the opposition which have separately tabbed exhibits as required by Local Bankruptcy 5005-2(d) and will have to provide such copy.
Debtor's evidentiary objection to exhibits in support of the opposition appears to have merit, and while the court might sustain the objection, the court will afford an opportunity to claimant to support declarations to authenticate the exhibits as well as to provide the declaration of claimant under penalty of perjury to support the factual assertions in the opposition. The court is not satisfied that the declaration of counsel in support of the opposition is sufficient due to lack of foundation of the factual representations made therein. The court may continue the hearing for claimant to remedy these procedural deficiencies, or just set a litigation schedule. The court is not inclined to sustain the objection of debtor at this time without giving claimant an opportunity to cure the procedural deficiencies of the opposition in light of the amount of controversy and the facial validity of the arguments in the opposition supported by the exhibits (i.e., there appears to be a bona fide dispute about whether debtor was entitled to retain claimant's $500,000 deposit if there were omissions of material fact regarding marketable title to the subject real property as alleged in the opposition. Appearances are required on 9/16/15.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
Movant(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
1:30 PM
Adv#: 2:19-01008 Magleby v. Levine et al
fr. 3/26/19, 5/14/19
Docket 1
Updated tentative ruling as of 6/24/19. Off calendar. The court has reviewed plaintiff's unilateral status report requesting that the status conference be continued to 7/2/19 at 2:30 p.m. to be conducted with the hearing on defendants' motion to dismiss. The court on its own motion continues the status conference to 7/2/19 at 2:30 p.m. Counsel for plaintiff to notify counsel for defendants of the continuance. No appearances are required on 6/25/19.
Prior tentative ruling. Continued by stipulation and order to 5/14/19 at 1:30
p.m. No appearances are required on 3/26/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
Defendant(s):
Marci R. Levine Pro Se
April M. Zonnis Pro Se
Summers, Levine & Kretzmer, LLP Pro Se Cindy S. Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
1:30 PM
Adv#: 2:16-01332 All In One Trading, Inc., a California corporation v. Chaparala
fr. 5/28/19
Docket 21
Off calendar. Hearing vacated by order entered on 5/30/19. No appearances are required on 6/25/19.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Represented By Peter T Steinberg
Plaintiff(s):
All In One Trading, Inc., a California Represented By
Michael Fischer Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:16-01332 All In One Trading, Inc., a California corporation v. Chaparala
fr. 9/18/18, 3/12/19, 5/28/19
Docket 1
Updated tentative ruling as of 6/24/19. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/25/19 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 5/24/19. The status conference will be conducted with the hearing on plaintiff's motion for summary judgment on the court's 2:30 p.m. calendar. Appearances are required at 2:30 p.m., not 1:30 p.m.
Prior tentative ruling as of 3/11/19. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference to 5/28/19 at 1:30 p.m. based on plaintiff's intention to notice a motion for summary judgment for hearing in April or May 2019. The court on its own motion continues the status conference to 5/28/19 at 1:30 p.m. No appearances are required on 3/12/19.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Pro Se
1:30 PM
Plaintiff(s):
All In One Trading, Inc., a California Represented By
Richard L Barnett
Trustee(s):
Howard M Ehrenberg (TR) Represented By Richard L Barnett
1:30 PM
Adv#: 2:18-01121 Ehrenberg v. JYMK COSMETICS, INC. et al
fr. 11/6/18, 1/29/19, 4/16/19
Docket 1
Updated tentative ruling as of 6/24/19. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 6/25/19 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Corrected tentative ruling as of 4/15/19. The court has reviewed plaintiff’s unilateral status report, stating that plaintiff intends to file a motion for default judgment and requesting a continuance of the status conference to late June or early July 2019. The court on its own motion continues the status conference to 6/25/19 at 1:30 p.m., and an updated status report is optional for this status conference, but if one is filed, it would be appreciated if it is filed at least one week before. No appearances are required on 4/16/19.
Revised tentative ruling as of 1/29/19. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 1/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. The court has reviewed plaintiff’s unilateral status report, stating that plaintiff intends to file a motion for default judgment and requesting a continuance of the status conference to late January 2019. The court on its own motion continues the status conference to 1/29/19 at 1:30 p.m. Counsel for trustee to give notice if required because any defendant has appeared. No appearances are required on 11/6/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. Because default has been entered against defendant and plaintiff has
1:30 PM
represented that it intends to file a motion for default judgment shortly, the court on its own motion continues the status conference for about 60 days to 11/6/18 at 1:30 p.m. so plaintiff can file its motion for default judgment. No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. Because defendants have not responded to the complaint and plaintiff intends to request entry of their default, the court is inclined to continue the status conference for about 60 days so plaintiff can file a request for entry of default. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
JYMK COSMETICS, INC. Pro Se
In One Corporation Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01122 Ehrenberg v. Perfumerie, Inc. et al
fr. 11/6/18, 1/29/19, 4/16/19
Docket 1
Updated tentative ruling as of 6/24/19. The court has reviewed plaintiff's unilateral status report stating that the parties have reached a global settlement and are requesting a continuance of the status conference to finalize their settlement for about 60 to 90 days. Appearances are required on 6/25/19 by plaintiff's counsel only to obtain a continuance date for the parties and later to give notice of continuance to other counsel, but counsel may appear by telephone.
Corrected tentative ruling as of 4/15/19. The court has reviewed the joint status report, stating that the parties are considering exchanged settlement proposals and that they are requesting a continuance of the status conference for 60 days. Plaintiff also requests an extension of the discovery cutoff date for 90 days. However, the court has not yet issued a pretrial scheduling order setting a discovery cutoff date The court on its own motion continues the status conference to 6/25/19 at 1:30 p.m. and sets the discovery cutoff date of 8/30/19. An updated status report is optional for the status conference on 6/25/19, but if one is filed, it would be appreciated if it is filed at least one week before. Plaintiff is ordered to submit a proposed scheduling order consistent with this tentative ruling on or before 4/19/19.
No appearances are required on 4/16/19.
Prior tentative ruling as of 1/28/19. Off calendar. Continued by stipulation and order to 4/16/19 at 1:30 p.m. No appearances are required on 1/29/19.
Prior tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 9/17/18. The court has reviewed the joint status reports indicating that the parties do not agree on a pretrial schedule and on whether the matter should be ordered to mediation. Appearances are required on 9/18/18 to discuss scheduling and mediation, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status reports. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Perfumerie, Inc. Pro Se
Puja Lachmandas Pro Se
Parvez Syed Pro Se
Rajkumari Aswani Pro Se
Naintara Jiwnani Pro Se
Archana Jiwnani Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer
1:30 PM
Michael Fischer
1:30 PM
Adv#: 2:18-01124 Ehrenberg v. Chaparala
fr. 11/6/18, 1/29/19, 4/16/19
Docket 1
Updated tentative ruling as of 6/24/19. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/25/19 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Corrected tentative ruling as of 4/15/19. The court has reviewed the joint status report, stating that the parties expect to engage in settlement negotiations after defendant submits a comprehensive declaration regarding his financial condition with a personal financial statement setting forth all of his assets, liabilities, income and expenses and that the parties are requesting a continuance of the status conference for 60 days. The court on its own motion continues the status conference to 6/25/19 at 1:30 p.m., and an updated status report is optional for this status conference, but if one is filed, it would be appreciated if it is filed at least one week before. Plaintiff is ordered to submit a proposed scheduling order consistent with this tentative ruling on or before 4/19/19. No appearances are required on 4/16/19.
Revised tentative ruling as of 1/29/19. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 1/29/19 to discuss whether the parties have had their early meeting of counsel and whether the matter should be referred to mediation, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. The court has reviewed the joint status report. Set a discovery cutoff date of 3/31/19, and as requested by plaintiff, a further status conference to 1/29/19 at 1:30 p.m. Appearances are required
1:30 PM
on 11/6/18 to discuss scheduling and defendant’s request for mediation, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference to 11/6/18 at 1:30 p.m., which request the court grants and continues the status conference to that date and time for the reasons stated in the status report.
No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed the joint status report. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
fr. 8/7/18, 1/8/19
Docket 276
Off calendar. The motion is moot because the case was dismissed by order entered on 6/14/19. No appearances are required on 6/25/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Adv#: 2:18-01035 Grand View Financial, LLC v. Nations Direct Mortgage, LLC et al
fr. 10/2/18, 10/23/18, 1/8/19
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order on 4/30/19. No appearances are necessary.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Nations Direct Mortgage, LLC Pro Se
Mortgage Electronic Registration Pro Se Fidelity National Title aka Fidelity Pro Se PennyMac Loan Services, LLC Pro Se
PennyMac Corp. Pro Se
Massachusetts Mutual Life Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Docket 65
Off calendar. Continued to 7/16/19 at 2:00 p.m. by prior order. No appearances are required on 6/25/19.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
Defendant(s):
Ammec, Inc. Represented By
John Barriage
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
1:30 PM
Adv#: 2:18-01134 Shon et al v. Kim et al
U.S.C. §§523(a)(2)(A) & (a)(6) and 11 U.S.C. §§727(a)(3)-(4), and declaratory relief fr. 7/31/18, 9/18/18, 3/26/19
Docket 1
Updated tentative ruling as of 6/24/19. Schedule a pretrial conference for this adversary proceeding if the matter is not being settled. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. The court has reviewed the stipulation of the parties regarding continuance of scheduled dates and hearings filed on 2/27/19 and based on that stipulation, set a new discovery cutoff date of 5/29/19 and a post-discovery status conference on 6/25/19 at 1:30 p.m. (status conferences are held on Tuesdays at 1:30 p.m.) with a joint status report due on 6/18/19. Order the matter to mediation, and the parties to file a selection of mediator and alternate mediator by 4/15/19 and complete mediation by 6/25/19. No appearances are required on 9/18/18. Plaintiffs to submit a proposed scheduling order within 7 days.
Prior tentative ruling as of 9/17/18. Set a discovery cutoff date of 2/28/19 and a post-discovery status conference on 3/26/19 at 1:30 p.m. with a joint status report due on 3/19/19. Order the matter to mediation, and the parties to file a selection of mediator and alternate mediator by 10/31/18 and complete mediation by 3/26/19. Appearances are required on 9/18/18, but counsel may appear by telephone. Plaintiffs to submit a proposed scheduling order within 7 days of the status conference.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 7/31/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status reports filed by the parties. The court continues the status conference to 7/31/18 at
1:30 PM
2:30 p.m. to be conducted with the hearing on defendants' amended motion to dismiss. No appearances are required on 7/10/18.
Although the parties failed to file a timely joint status report as required by Local Bankruptcy Rule 7016-1 and the court's status conference order, the court will not require at this time for the parties to file an updated and amended joint status report in light of the pendency of defendants' motion to dismiss.
However, the court notes that plaintiff has a jury trial demand on the face of the complaint, which the court will strike because there is no right to a jury trial on debt dischargeability and discharge denial claims in the adversary proceeding. The court also notes that the parties' consent to this court's jurisdiction to enter a final judgment on these core claims is not needed.
Debtor(s):
Jong J Kim Represented By
M Teri Lim
Defendant(s):
Jong Joo Kim Pro Se
Sun Y Kim Pro Se
Joint Debtor(s):
Sun Y Kim Represented By
M Teri Lim
Plaintiff(s):
Kevin Shon Represented By
Jason Shon
Sunny Shon Represented By
Jason Shon
1:30 PM
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:18-01231 Mercedes-Benz Financial Services USA LLC, as servi v. Smith
fr. 9/6/18, 3/12/19
Docket 1
Off calendar. Continued by stipulation and order to 7/30/19 at 1:30 p.m. No appearances are required on 6/25/19.
Debtor(s):
Angela Maria Porcell Smith Represented By Beatriz Chen
Defendant(s):
Angela Maria Porcell Smith Pro Se
Joint Debtor(s):
Michael S. Smith Represented By Beatriz Chen
Plaintiff(s):
Mercedes-Benz Financial Services Represented By
Rebecca A Caley
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
Adv#: 2:19-01027 Paul-Goff v. Rangel
fr. 4/2/19
Docket 1
Updated tentative ruling as of 6/24/19. Set the matter for trial if the matter is not settled. Appearances are required on 6/25/19.
No tentative ruling as of 4/1/19. Appearances are required on 4/2/19.
Debtor(s):
Catalina Rangel Represented By
Rabin J Pournazarian
Defendant(s):
Catalina Rangel Pro Se
Plaintiff(s):
Sameria E. Paul-Goff Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Adv#: 2:18-01375 Vance v. Zacky & Sons Poultry, LLC
fr. 3/26/19, 4/16/19, 5/28/19
Docket 1
Off calendar. Continued by stipulation and order to 7/30/19 at 1:30 p.m. No appearances are required on 6/25/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
Defendant(s):
Zacky & Sons Poultry, LLC Pro Se
Plaintiff(s):
Karen Vance Represented By
Gail L Chung Jack A Raisner Rene S Roupinian Robert N Fisher
1:30 PM
Adv#: 2:19-01119 Lopez v. Alderete
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation pursuant to FRCP 41(a)(1)(A)(ii) and FRBP 7041. No appearances are necessary.
Debtor(s):
Manuel Isidoro Alderete Represented By Robert M Aronson
Defendant(s):
Manuel Isidoro Alderete Pro Se
Plaintiff(s):
Maria Hernandez Lopez Represented By Scott A Mattingly
Trustee(s):
Timothy Yoo (TR) Pro Se
1:30 PM
Adv#: 2:18-01351 Mover v. Jaurigui
Docket 14
No tentative ruling as of 6/24/19. Appearances are required on 6/25/19, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Plaintiff(s):
Jonathan Mover Represented By Steven R Fox
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:18-01351 Mover v. Jaurigui
§§727(a)(2), 727(a)(4)
fr. 1/8/19, 6/11/19
Docket 1
Updated tentative ruling as of 6/24/19. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling. Set a discovery cutoff date of 8/30/19 and a post- discovery status conference on 9/17/19 at 1:30 p.m. A joint status report is due on 9/10/19. Appearances are required on 1/8/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
Jonathan Mover Represented By Steven R Fox
1:30 PM
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:18-01352 Swing House Rehearsal and Recording, Inc. v. Jaurigui
Docket 15
No tentative ruling as of 6/24/19. Appearances are required on 6/25/19, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Plaintiff(s):
Swing House Rehearsal and Represented By Steven R Fox
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:18-01352 Swing House Rehearsal and Recording, Inc. v. Jaurigui
fr. 1/8/19, 6/11/19
Docket 1
Updated tentative ruling as of 6/24/19. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling. Set a discovery cutoff date of 8/30/19 and a post- discovery status conference on 9/17/19 at 1:30 p.m. A joint status report is due on 9/10/19. Appearances are required on 1/8/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
Swing House Rehearsal and Represented By Steven R Fox
1:30 PM
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
fr. 2/5/19, 4/30/19, 4/25/19
Docket 118
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. Off calendar. Continued by stipulation and order to 2/5/19 at 2:00 p.m. No appearances are required on 10/16/18.
Prior tentative ruling as of 4/9/18. No tentative ruling on the merits. Appearances are required on 4/10/18, but counsel may appear by telephone.
Prior tentative ruling. Continued by stipulation and order to 2/7/18 at 2:00
p.m. No appearances are required on 2/24/18.
Debtor(s):
Ayers Bath (U.S.A.), Co.,Ltd. Represented By Jeffrey S Renzi Ryan S Fife
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
2:00 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
fr. 5/16/18, 7/17/18, 1/29/19
Docket 1
Updated tentative ruling as of 6/24/19. Off calendar. Continued by stipulation and order to 10/1/19 at 2:00 p.m. No appearances are required on 6/25/19.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
2:00 PM
Adv#: 2:17-01158 Carter et al v. Martinez
[11 U.S.C. § 523 (a)2)(A) & (6)]
fr. 11/13/18, 2/5/19, 5/7/19
Docket 1
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/18. No tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/19/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
2:00 PM
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Lance Carter Represented By
Dana M Douglas
2:00 PM
Jean Holmes Represented By
Dana M Douglas
Carriage Estates LLC Represented By Dana M Douglas
Adamantine Investments LLC Represented By Dana M Douglas
Sterling Holdings LLC Represented By Dana M Douglas
Lance Carter IRA 419990 Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
(5) Punitive damages; and (6) Attorneys' fees and costs fr. 7/17/18, 10/16/18, 1/29/19
Docket 1
Updated tentative ruling as of 6/24/19. Off calendar. Continued to 10/1/19 at 2:00 p.m. by prior order. No appearances are required on 6/25/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/29/19 to discuss scheduling and possibility of mediation, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The status conference will be conducted with the hearings on the motions to dismiss and strike on the 2:30 p.m. calendar. Appearances are required at 2:30 p.m., not 1:30 p.m.
Prior tentative ruling as of 7/16/18. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 7/17/18 at 2:30 p.m., the date and time of the hearings on defendant Curtis's motion to dismiss and defendant Ammec's motion to set aside default. Plaintiff to give written notice of continuance of status conference. No appearances are required on 7/10/18.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
2:00 PM
John-Patrick M Fritz
Defendant(s):
Ammec, Inc. Pro Se
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Docket 586
Off calendar. Continued by stipulation and order to 6/26/19 at 2:00 p.m. No appearances are required on 6/25/19.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Ronald Rus Fahim Farivar
2:30 PM
Brian L Davidoff Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Michael D. Smith Represented By Brian L Davidoff
Kamran Gharibian Represented By Brian L Davidoff
Daryoush Dayan Represented By Brian L Davidoff
Cathay Bank, a California Represented By Reed S Waddell
Jennifer Kellen Represented By
Michael D Sobkowiak
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Plaintiff(s):
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson Jason Balitzer
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
2:30 PM
2:30 PM
Adv#: 2:15-01122 Howard Grobstein as Liquidating Trustee of L. Scot v. Sharron et al
Docket 212
Revised tentative ruling as of 6/24/19. The court is inclined to grant the stay pending appeal because the appeal presents serious questions, there is evidence of irreparable harm if defendant's house is sold and he and his family would have to move pending appeal, the balance of hardships favors defendant since plaintiff has a lien on the house and defendant can post a bond and public interest is not a relevant factor since this dispute only involves private parties. Plaintiff needs to explain why the amount of the bond proposed by defendant is insufficient. Appearances are required on 6/25/19, but counsel may appear by telephone.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Defendant(s):
Lowell S. Sharron Represented By Lloyd S Mann
Beyond Basics, LLC dba Daily Represented By Lloyd S Mann
Plaintiff(s):
Howard Grobstein as Liquidating Represented By
Brian L Davidoff Courtney E Norton
2:30 PM
Lori L Werderitch Keith Patrick Banner
2:30 PM
Application for fees and expenses [Brad D. Krasnoff, Chapter 7 Trustee]
Docket 29
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 6/25/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Angela Maria Porcell Smith Represented By Beatriz Chen
Joint Debtor(s):
Michael S. Smith Represented By Beatriz Chen
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:30 PM
fr. 5/15/19
Docket 65
Revised tentative ruling of 6/24/19. No tentative ruling on the merits. Since there is already a certificate of dissolution filed with the Secretary of State for DPE, debtor will need to explain what other work needs to be done to perfect transfer of title of the assets of DPE to the estate that would warrant expense and use of estate property for such expense, and debtor should provide an estimate of such expense. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling. Continued by stipulation and order to 6/25/19 at 2:30
p.m. No appearances are required on 5/15/19.
Debtor(s):
David Lee Represented By
David A Tilem
11:00 AM
Docket 1
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
11:00 AM
Docket 1
No tentative ruling as of 6/24/19. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Dowent Family LLC Represented By Todd C. Ringstad
Movant(s):
Dowent Family LLC Represented By Todd C. Ringstad
11:00 AM
fr. 4/17/19, 5/1/19, 5/15/19
Docket 482
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Debtor(s):
Francisco O Lopez Represented By Nam H. Le
11:00 AM
Docket 1
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
Docket 62
Updated tentative ruling as of 6/24/19. Off calendar. The status conference was rescheduled to 8/28/19 at 11:30 a.m. by order entered on 6/19/19. No appearances are required on 6/26/19.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling. The disclosure statement does not contain adequate information. Regarding treatment of secured claims, the text in the plan refers to Article II, but no Article II is attached. Exhibit C to the plan refers to certain notes for each claim, but these notes do not adequately spell out the treatment of the primary secured claim to Wells Fargo Bank, the senior secured lender for the loan on debtor's residence. The disclosure statement should have a more detailed description of how this claim will be treated under the plan. The plan itself is not much better. It is hard to tell what is being proposed for treatment of the claim. The disclosure statement and plan
11:00 AM
will have to be revised for sake of clarity. If this is a cramdown situation, it does not appear that a 40 year payout is fair and equitable for this creditor, and debtor should probably consider taking out this creditor when the loan matures under the existing terms. Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
11:00 AM
Adv#: 2:19-01032 Tilem v. Kudrave
fr. 4/2/19, 4/30/19
Docket 1
Off calendar. The status conference is moot because the adversary proceeding was dismissed by order entered on 6/19/19. No appearances are necessary.
Debtor(s):
Peter G. Kudrave Pro Se
Defendant(s):
Peter G. Kudrave Pro Se
Plaintiff(s):
David A Tilem Represented By David A Tilem
11:00 AM
Docket 170
Off calendar. The motion was resolved by stipulation and order. No appearances are necessary.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
Levene, Neale, Bender, Yoo & Brill LLP
11:00 AM
fr. 12/18/18, 2/5/19, 4/30/19
Docket 47
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Updated tentative ruling as of 4/29/19. No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling. There is no proof of service that debtor served respondent and its counsel as ordered by the court in the order to show cause, and therefore, the court will continue the hearing so debtor can make such service (despite BNC notice). Otherwise, no tentative ruling on the merits. Appearances are required on 12/18/18, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
Docket 1
Updated tentative ruling as of 6/24/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
11:00 AM
Docket 1
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
11:00 AM
Docket 1
Off calendar. The Chapter 11 status conference is moot because the case was converted to Chapter 7. No appearances are necessary.
Debtor(s):
Dean Henrik Okland Pro Se
1:30 PM
fr. 4/17/19, 5/1/19, 5/8/19
Docket 115
Updated tentative ruling as of 6/24/19. Off calendar. Continued to 7/31/9 at 1:30 p.m. by prior order. No appearances are required on 6/26/19.
Prfior tentative ruling. Treat the motion objecting to claim as a contested matter under FRBP 9014 and set a schedule of pretrial proceedings, including discovery, since there are disputed issues of material fact. Parties should confer regarding an appropriate schedule if they can. Appearances are required on 5/8/19, but counsel may appear by telephone.
Creditor may be entitled to its claim for attorneys' fees under 11 U.S.C. 506(b) pursuant to contract based on its loan agreement secured by deed of trust, which were upheld as valid in the state court litigation. The four elements for a claim under 11 U.S.C. 506(b) are: (1) its claim is an allowed secured claim;
(2) it is an oversecured creditor; (3) the fees it asserts are reasonable; and (4) the fees it asserts are provided for under an agreement under which such claim arose, or the fees are provided for under a state statute under which the creditor's claim arose. In re Astle, 364 B.R. 735, 741 (Bankr. D. Idaho 2007). The claim is an allowed secured claim based on the state court judgment, though the judgment is on appeal. The creditor is an oversecured creditor, which is not in dispute. The reasonableness of the fees it asserts is in material dispute. Creditor has only submitted redacted versions of its counsel's fee statements, which do not provide sufficient information for the court to review for reasonableness. Creditor must file unredacted versions, or submit unredacted versions in camera with a privilege log if creditor claims that the reacted matter is privileged. Debtor as the objecting party must carry its burden of explaining what in the fee statements are unreasonable or at least what would be reasonable under the circumstances. In re Koncicky,
1:30 PM
2007 WL 7540997 (9th Cir. BAP 2007)(unpublished memorandum opinion) (citation omitted). Debtor has the responsibility to challenge the information and provide evidence controverting that produced by creditor. Id. Debtor has not met this burden. The fees that creditor asserts are provided by the loan agreement between it and its borrower providing for reasonable attorneys' fees if it incurs or pays to maintain, protect or enforce its rights under the loan agreement as secured by the deed of trust. Exhibits A and C to Favela Declaration. Case law in California allows such fees to be added to the balance under the promissory note secured by trust deed. Chacker v.
JPMorgan Chase Bank, N.A., 27 Cal.App.5th 351, 356-358 (2018). However, there is no separate award of attorneys' fees authorized by statute, such as California Civil Code 1717 because debtor is not a signatory to the contract in the loan agreement and creditor has not otherwise shown that it would have been liable for the fees of the opposing party if the opposing party had prevailed. Asphalt Professionals, Inc. v. Davis (In re Davis), 595 B.R. 818, 837 (Bankr. C.D. Cal. 2019), citing, Dell Merk, Inc. v. Franzia, 132 Cal.App.4th 443, 441 (2005). Thus, creditor will need to submit fully unredacted copies of its fee statements to the court, and debtor will need to explain what in the fee statements are unreasonable and/or produce evidence showing that the fees are unreasonable.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
Movant(s):
Raeisi Group, Inc Represented By Christopher P Walker
2:00 PM
fr. 4/3/19, 5/15/19, 5/29/19
Docket 2423
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. Off calendar. The court on its own motion continues the hearing to be conducted with the continued hearing on plan agent's motion for protective order scheduled for 5/29/19 at 2:30 p.m. No appearances are required on 5/15/19.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling. Since the parties do not dispute that movant is not in technical compliance with LBR 2004-1 regarding a prefiling conference, the court will order movant to comply with this prefiling conference requirement before ruling on the motion on the merits.
In reviewing the motion, the court has concerns regarding the volume of documents requested by movant which do not appear to be entirely relevant and reasonable and appears to be burdensome and oppressive. In some respect, movant has proposed modifications in the document production requests in his reply, which should be discussed by the parties in their prefiling conference under LBR 2004-1(a).
2:00 PM
It seems to the court that movant has standing to request "reasonable and relevant" information about estate administration, but not all the information requests seem to be reasonable and relevant and may be proprietary information not available to parties who intend to compete with debtor's business, such as movant. That movant has a right to ply his trade does not mean that he is entitled to proprietary information of the estate to compete with debtor.
The court will set a further hearing on the motion for a date that the parties have had their prefiling conference and have had an opportunity to identify and discuss in further briefing their remaining differences.
Appearances are required on 2/19/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Movant(s):
Douglas Chrismas Represented By David B Shemano Alan W Forsley Jonathan Shenson
2:00 PM
fr. 5/15/19, 5/29/19
Docket 2445
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
2:00 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Docket 586
No tentative ruling as of 6/24/19. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow
2:00 PM
Ronald Rus Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Michael D. Smith Represented By Brian L Davidoff
Kamran Gharibian Represented By Brian L Davidoff
Daryoush Dayan Represented By Brian L Davidoff
Cathay Bank, a California Represented By Reed S Waddell
Jennifer Kellen Represented By
Michael D Sobkowiak
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson Jason Balitzer
10:00 AM
Docket 277
Updated tentative ruling as of 6/24/19. Off calendar. Continued by stipulation and order to 7/17/19 at 11:00 a.m. No appearances are required on 6/27/19.
Prior tentative ruling as of 5/14/19. Appearances are required on 5/15/19, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
10:00 AM
Docket 1
Updated tentative ruling as of 6/24/19. Off calendar. Continued by stipulation and order to 7/17/19 at 11:00 a.m. No appearances are required on 6/27/19.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 7/13/18 and proposed date for filing a disclosure statement of 6/4/18 seem reasonable. Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
10:00 AM
10:00 AM
Docket 277
Updated tentative ruling as of 6/24/19. Off calendar. Continued by stipulation and order to 7/17/19 at 11:00 a.m. No appearances are required on 6/27/19.
Prior tentative ruling as of 5/14/19. Appearances are required on 5/15/19, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
10:00 AM
Docket 1
Updated tentative ruling as of 6/24/19. Off calendar. Continued by stipulation and order to 7/17/19 at 11:00 a.m. No appearances are required on 6/27/19.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 7/13/18 and proposed date for filing a disclosure statement of 6/4/18 seem reasonable. Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
10:00 AM
10:30 AM
Docket 87
No tentative ruling in light of debtor's opposition to the motion. Treat as a contested matter under FRBP 9014 because there are disputed issues of material fact as to whether cause is shown for lack of adequate protection under 11 U.S.C. 362(d) and set an evidentiary hearing to resolve disputed issues of material fact. Deny stay relief under 11 U.S.C. 362(d)(2) since the moving papers state debtor has equity in the collateral and thus, movant has failed to meet its burden of demonstrating lack of equity in the collateral under 11 U.S.C. 362(g)(1). Given the amount in controversy, the parties are encouraged to consider settlement. Appearances are required on 7/2/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
10:30 AM
Docket 61
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Dean Henrik Okland Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
(U.S. Bank National Association VS Debtor)
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Nicholas Loucks Represented By Eliza Ghanooni
Trustee(s):
David M Goodrich (TR) Pro Se
10:30 AM
Docket 14
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Tina Chan Policarpio Represented By Lawrence B Yang
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Sonny Forno Represented By
Steven A Alpert
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Brenda Venegas Represented By
D Justin Harelik
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
(Federal National Mortgage Association VS Debtor)
Docket 8
Although the bankruptcy case was dismissed on 6/17/19, the stay relief motion is not moot since movant requests extraordinary relief, including stay annulment, relief under 11 U.S.C. 362(d)(4) and stay relief as to any other debtor claiming an interest in the property for 180 days. However, movant has not made the showing of entitlement to stay annulment based on the factors set forth in In re Gasprom, Inc., 500 B.R. 598, 607-608 (9th Cir. BAP 2013). Moreover, movant has not made an evidentiary showing how the elements of 11 U.S.C. 362(d)(4) have been met, i.e., either there was a transfer unconsented to by the secured creditor or multiple bankruptcy cases have been filed affecting the property. Finally, movant has not provided a legal and/or evidentiary basis to grant stay relief in future cases of other parties without further notice which presents due process concerns. In re Van Ness, 399 B.R. 897, 905-906 (Bankr. E.D. Cal. 2009). Unless movant addresses these concerns, the court is inclined to deny the motion as moot and without prejudice to filing an amended motion addressing the concerns raised regarding the claims for extraordinary relief. Appearances are required on 7/2/19, but counsel may appear by telephone.
Debtor(s):
Laswell Gerald Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
fr. 6/25/19
Docket 598
Updated tentative ruling as of 7/1/19. The court has reviewed the corrected exhibit in support of the motion filed on 6/28/19, which includes the APN (assessor's parcel number), though no legal description, on Exhibit 9 to the motion, which was the grant deed purportedly transferring the subject property to debtor under his DBA. However, there are no APNs on the loan documents for the loan on the subject property that match the one on corrected Exhibit 9 because the APNs were redacted or not listed on the loan documents. Accordingly, there is still insufficient evidence to show that the grant deed is related to the subject property, and the court is inclined to deny the motion without prejudice so that movant can submit adequate evidence to demonstrate there has been an unconsented to transfer relating to the subject property by the borrower to establish a prima facie case for relief under 11 U.S.C. 362(d)(4). Appearances are required on 7/2/19, but counsel may appear by telephone.
Prior tentative ruling. Deny without prejudice because movant has not shown how the stay from this bankruptcy case affects this property. Exhibit 9 is missing the attached legal description of the property which would apparently tie in this property to the debtor; the reference to the borrower on the deed as the person requesting recordation of the deed is insufficient to tie the property to the debtor. Otherwise, the moving papers do not show how the bankruptcy case relates to the property. Deny request for extraordinary relief in paragraph 3 of the prayer for relief to allow stay relief to work out a potential forebearance agreement with the debtor for lack of legal support because debtor was not the borrower on the loan agreement. Appearances are required on 6/25/19, but counsel may appear by telephone.
10:30 AM
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter Varand Gourjian
1:30 PM
Adv#: 2:18-01379 Avery v. Prototype Engineering & Manufacturing, Inc. et al
fr. 1/29/19, 3/5/19, 3/26/19
Docket 1
Off calendar. Since plaintiff did not file and serve an amended complaint, the adversary proceeding is to dismissed by prior order. The court will issue an order for dismissal without prejudice. No appearances are required on 7/2/19.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Prototype Engineering & Pro Se
Bahram Bordbar Pro Se
Malahat Bordbar Pro Se
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo
1:30 PM
Carmela Pagay
1:30 PM
Adv#: 2:19-01011 Miller v. Agopian
(2) for declaratory relief; (3) turnover of property; and (4) sale of interest of co-owner in property of the estate
fr. 3/26/19, 5/28/19
Docket 1
Off calendar. Adversary proceeding dismissed by plaintiff's notice of voluntary dismissal filed on 6/18/19. No appearances are required on 7/2/19.
Debtor(s):
Mary Kodjoglian Represented By Sean Keshishyan
Defendant(s):
Simon Agopian Pro Se
Plaintiff(s):
Elissa D. Miller Represented By Anthony A Friedman
Trustee(s):
Elissa Miller (TR) Represented By
Edward M Wolkowitz Anthony A Friedman
1:30 PM
Adv#: 2:19-01012 Miller v. Agopian et al
fr. 3/26/19, 5/28/19
Docket 1
Off calendar. Adversary proceeding dismissed by plaintiff's notice of voluntary dismissal filed on 6/18/19. No appearances are required on 7/2/19.
Debtor(s):
Mary Kodjoglian Represented By Sean Keshishyan
Defendant(s):
Simon Agopian Pro Se
Armen Agopian Pro Se
Plaintiff(s):
Elissa D. Miller Represented By Anthony A Friedman
Trustee(s):
Elissa Miller (TR) Represented By
Edward M Wolkowitz Anthony A Friedman
2:30 PM
Docket 401
Off calendar. The court took the motions under submission after dispensing with oral argument and vacating the hearings and has issued an order ruling on the motions. No appearances are required on 7/2/19.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
2:30 PM
Adv#: 2:16-01037 Avery v. Gonzalez
Docket 146
Off calendar. The court took the motions under submission after dispensing with oral argument and vacating the hearings and has issued an order ruling on the motions. No appearances are required on 7/2/19.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Arturo Gonzalez Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
2:30 PM
Adv#: 2:19-01008 Magleby v. Levine et al
U.S.C. §362(k) and FRBP 7008(b); and 3. Injunctive relief under 11 U.S.C. §105(a)
Docket 16
Off calendar. The court issued a written order granting the motion in part and continuing the hearing on the remaining issue raised by the motion and the status conference to 8/14/19 at 11:30 a.m. No appearances are required on 7/2/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
Defendant(s):
Marci R. Levine Represented By
Anthony J Rothman Esq
April M. Zonnis Represented By
Anthony J Rothman Esq
Summers, Levine & Kretzmer, LLP Represented By
Anthony J Rothman Esq
Cindy S. Magleby Represented By
Anthony J Rothman Esq
Plaintiff(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:30 PM
Adv#: 2:19-01008 Magleby v. Levine et al
fr. 3/26/19, 5/14/19, 6/25/19
Docket 1
Updated tentative ruling as of 7/1/19. Off calendar. The court issued a written order granting the motion in part and continuing the hearing on the remaining issue raised by the motion and the status conference to 8/14/19 at 11:30 a.m. No appearances are required on 7/2/19.
Prior tentative ruling as of 6/24/19. Off calendar. The court has reviewed plaintiff's unilateral status report requesting that the status conference be continued to 7/2/19 at 2:30 p.m. to be conducted with the hearing on defendants' motion to dismiss. The court on its own motion continues the status conference to 7/2/19 at 2:30 p.m. Counsel for plaintiff to notify counsel for defendants of the continuance. No appearances are required on 6/25/19.
Prior tentative ruling. Continued by stipulation and order to 5/14/19 at 1:30
p.m. No appearances are required on 3/26/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
Defendant(s):
Marci R. Levine Pro Se
April M. Zonnis Pro Se
Summers, Levine & Kretzmer, LLP Pro Se
2:30 PM
Cindy S. Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:30 PM
Docket 649
Grant debtor's motion to enter into settlement agreement and mutual release resolving reorganized debtor's objection to second (revised) and final application of Levene Neale Bender Yoo and Brill LLP for approval of fees and expenses for the reasons stated in the moving and reply papers and overrule the objections of 7175 WB whose rights are not affected by the settlement because it still has the rights to litigate its objections to the fee application. Appearances are required on 7/2/19, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
2:30 PM
Adv#: 2:19-01088 7175 WB, LLC v. Levene, Neale, Bender, Yoo & Brill, L.L.P.
Docket 31
Revised tentative ruling as of 7/1/19 at 5:00 p.m. Grant Levene Neale’s motion to dismiss 7175’s first amended complaint for failure to state a claim upon which relief can be granted; deny leave to amend because amendment would be futile. See National Council of La Raza v. Cegavske, 800 F.3d 1032, 1041 (9th Cir. 2015); Thinket Ink Information Resources, Inc. v Sun Microsystems, Inc., 368 F.3d 1053, 1061 (9th Cir. 2004). Grant Levene Neale’s anti-SLAPP motion to strike 7175’s first amended complaint.
Appearances are required on 7/2/19, but counsel may appear by telephone.
Motion to Dismiss
None of the federal statutes cited by 7175, 11 U.S.C. §§ 327, 328, 330 and 1107 and 28 U.S.C. § 959(b), provide for a private right of action for it as a creditor of the bankruptcy estate to sue Levene Neale, the attorneys for the debtor in possession, for monetary damages. The statutory language does not provide for such a private right of action.
Although there is no controlling Ninth Circuit case precedent, the better rule does not recognize that counsel for the debtor in possession owes a fiduciary duty to creditors such as 7175. Hansen, Jones & Leta, P.C. v. Segal, 220
B.R. 434 (D. Utah 1998); ICM Notes, Ltd. v. Andrews & Kurth, L.L.P., 276
B.R. 117 (S.D. Tex. 2002); contra, In re Count Liberty, LLC, 370 B.R. 259 (Bankr. C.D. Cal. 2007); see also, 9 Norton, Norton Bankruptcy Law & Practice, Duties of DIP counsel, §172.6 (3rd ed. Online ed. April 2019 update); Feeney, Williamson and Stepan, Bankruptcy Law Manual, Professionals-Retention of professionals; Freeman, "Are DIP and Committee Counsel Fiduciaries for Their Clients’ Constituents or the Bankruptcy Estate?
2:30 PM
What is a Fiduciary, Anyway?," 17 American Bankruptcy Institute Law Journal 291 (2009). Fiduciary duties, § 4.20 (5th ed. Online ed. June 2019 update).
Contrary authority cited by 7175, including dicta in In re Perez, 30 F.3d 1209, 1219 (9th Cir. 1994), although purportedly the majority position, is not as persuasive because of the dual role of the DIP and the debtor. 9 Norton, Norton Bankruptcy Law & Practice, Duties of DIP counsel, §172.6, citing Freeman, supra. The DIP is also the debtor, need not be disinterested, need not investigate the debtor’s actions and may bargain for equity and seek cramdown under a plan, and individual debtors may use estate property for personal needs. Id. However, the DIP has fiduciary duties to creditors and the estate, and must meet fiduciary duties while balancing such duties with its own self-interests. Id. If the debtor/DIP is a single client with fiduciary duties, one firm can represent it. Id. If the estate is considered the client, the debtor client does not disappear and its interests are not always aligned with those of the estate, and a lawyer cannot represent multiple clients, even with consent, when negotiating or litigating between them. Id. The so-called majority view represented by In re Count Liberty, LLC cannot reconcile lawyer’s ethical duty to avoid representing adverse interests with acting in a fiduciary capacity for both the DIP and the estate, and indirectly, creditors.
Although 7175 argues that it has standing to bring this complaint because it was assigned such a right in the confirmed plan, the assigned claims are limited to Debtor’s alleged pre-confirmation concealment of potential insurance coverages and other insurance-related information. Specifically, in the confirmed Plan, the Debtor "assigns to 7175 WB any and all of the Debtor’s claims against third parties . . . arising from (i) alleged pre- confirmation failures by the Debtor to obtain insurance policies compliant with the provisions of the Debtor’s former lease . . . and (ii) alleged pre- confirmation failures by the Debtor to disclose potential insurance coverages for damages and losses to the Willoughby Property and to allegedly provide other insurance-related information . . . ," and "policies procured by the Debtor, as Lessee, relating to the Willoughby Property . . . ." 7175’s assignment does not include the unlimited right to sue the Debtor’s counsel for malpractice or preparation of bankruptcy schedules.
Most of the alleged conduct of Levene Neale in the first amended complaint
2:30 PM
(e.g., proposing an allegedly unconfirmable reorganization plan) is subject to the litigation privilege under California Civil Code § 47 and the federal Noerr- Pennington doctrine. However, while Levene Neale is entitled to claim the litigation privilege under California Civil Code § 47 and the federal Noerr- Pennington doctrine as to this conduct, fraud is an exception to the litigation privilege. California Civil Code § 47; Theme Promotions, Inc. v. News America Marketing, FSI, 546 F.3d 991, 1007 (9th Cir. 2008). Nilsen v.
Nielson (In re Cedar Funding, Inc.), 419 B.R. 807, 824 (9th Cir. BAP 2009). Attorneys, including Levene Neale, have an independent duty not to commit fraud and not to knowingly misrepresent facts to a third party, such as 7175, and the duty not to commit fraud would seem to be a matter of both federal and state common law. Berg & Berg Enterprises, LLC v. Sherwood Partners, Inc., 131 Cal.App.4th 802, 824-835 (2005). Thus, the only alleged conduct of Levene Neale in the complaint that would not be subject to the litigation privilege would be affirmative fraud.
However, the fraud allegations in 7175’s first amended complaint (and in the original complaint) pertain only to the alleged misrepresentations of Swing House and Jaurigui, Debtor and its insider, not to any misrepresentations made by Levene Neale, DIP counsel. In the original complaint, 7175 alleged: "During discovery conducted in the Superior Court Action, 7175 WB propounded Form Interrogatories on Swing House . . . [and] Swing House’s response to this Form Interrogatory was 'No.'" ECF 1 at 3, ¶ 15. It also made allegations about "Swing House's Post-Petition Misrepresentations Regarding The Existence Of Insurance." Id. at 4-5, ¶¶ 21-22 (emphasis added).
Nowhere in the original complaint are there allegations about Levene Neale's alleged fraud. In the first amended complaint, after amending its original complaint in response to a motion to dismiss, 7175 reiterates its allegations that Swing House made misrepresentations regarding insurance policies, but these statements were not made by Levene Neale. Specifically, 7175 in the first amended complaint alleges that "Defendant, in preparing Swing House’s bankruptcy schedules, had not disclosed the existence of any insurance "
ECF 23 at 5, ¶ 27. This allegation cannot form the basis of a misrepresentation by Levene Neale because bankruptcy schedules were verified under penalty of perjury by Debtor's insider, its president and
2:30 PM
secretary, Philip Jaurigui, not Levene Neale. Similarly, in the first amended complaint, 7175 attempts to impute statements made by Jaurigui onto Levene Neale. 7175 alleges that "Defendant stated . . . Mr. Jaurigui replied under oath that there was and is no insurance available to cover [Plaintiff]'s claims," id. at 7, ¶ 28, but then immediately thereafter says it was Levene Neale that made this statement: "At the time Defendant made such representations, Defendant knew or should have known that such sworn statement, i.e., that 'there was and is no insurance available to cover [Plaintiff]’s claims,' was false," id. at 7, ¶ 29. Like the allegation in ¶ 27 of the first amended complaint, this allegation cannot form the basis of a misrepresentation by Levene Neale because Levene Neale was not stating that there was no insurance available; rather, Levene Neale was stating that Jaurigui testified that there was no insurance available. Such allegations cannot form the basis of fraud that would constitute an exception to the litigation privilege.
Thus, the court is inclined to grant Levene Neale’s motion to dismiss 7175’s first amended complaint for failure to state a claim upon which relief can be granted and to deny leave to amend because amendment would be futile. See National Council of La Raza v. Cegavske, 800 F.3d 1032, 1041 (9th Cir. 2015); Thinket Ink Information Resources, Inc. v Sun Microsystems, Inc., 368 F.3d 1053, 1061 (9th Cir. 2004).
Special Motion to Strike
Even though the court will grant Levene Neale's motion to dismiss the first amended complaint, Levene Neale's anti-SLAPP motion to strike is not moot because a defendant prevailing on an anti-SLAPP motion is entitled to attorneys' fees. California Code of Civil Procedure § 425.16(c); White v.
Lieberman, 103 Cal. App. 4th 210, 220 (2002).
The first prong, making a prima facie showing that the SLAPP suit arises from the defendant’s right of petition, is satisfied since the first amended complaint is based on Levene Neale’s statements and conduct as general bankruptcy counsel to the debtor in possession in the underlying bankruptcy case before this court. The burden then shifts to 7175 as the SLAPP plaintiff, 7175, to demonstrate it has a probability of prevailing on the claim. As discussed above, 7175 has not alleged a cause of action that would provide it the
2:30 PM
remedy it seeks. Levene Neale owed no duty to 7175 as a creditor, and the majority of the alleged conduct is subject to the litigation privilege. As to the allegations of fraud (i.e., misrepresentation), those allegations pertain only to Swing House or Jaurigui and not to Levene Neale. Since 7175 has failed to state a claim for which relief can be granted and cannot amend to state such a claim, 7175 has not demonstrated a probability of prevailing on its claims.
7175 contends that the anti-SLAPP statute is not applicable because it "may not be applied to matters involving federal questions, particularly those involving federal questions of bankruptcy law." See Restaino v. Bah (In re Bah), 321 B.R. 41, 46 (9th Cir. BAP 2005). However, although 7175 invokes federal bankruptcy statutes in the first amended complaint, those statutes do not provide for any of the causes of action alleged in the first amended complaint, which seems to read mostly as a malpractice lawsuit. Since 7175 fails to state a claim for which relief can be granted, the anti-SLAPP statute is applicable because the claims do not involve federal questions of bankruptcy law. Moreover, 7175 also fails to meet its burden of establishing a likelihood of prevailing. Thus, the anti-SLAPP Motion should be granted.
Levene Neale requests that the anti-SLAPP Motion be granted with prejudice and without leave to amend. "Once the trial court has determined the speech at issue is constitutionally protected, it may not grant leave to amend to omit facts to take the claim out of the protection of § 425.16. Allowing an amendment once the court finds the [plaintiff’s] prima facie showing has been met would completely undermine the statute by providing the pleader a ready escape from section 425.16’s quick dismissal remedy." Mobile Medical Services for Physicians and Advanced Practice Nurses, Inc. v. Rajaram, 241 Cal. App. 4th 164, 171, (2015). This provides the plaintiff "with a second opportunity to disguise the vexatious nature of the suit through more artful pleading." Id. Since leave to amend would undermine the statute, the anti- SLAPP Motion will be granted with prejudice and without leave to amend.
No tentative ruling as of 7/1/19 as 12:30 p.m. Appearances are required on 7/2/19, but counsel may appear by telephone.
2:30 PM
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
Defendant(s):
Levene, Neale, Bender, Yoo & Brill, Represented By
Jason Wallach Allen L Michel
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
2:30 PM
Adv#: 2:19-01088 7175 WB, LLC v. Levene, Neale, Bender, Yoo & Brill, L.L.P.
Docket 33
Revised tentative ruling as of 7/1/19 at 5:00 p.m. See revised tentative ruling for matter number 15. Appearances are required on 7/2/19, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
Defendant(s):
Levene, Neale, Bender, Yoo & Brill, Represented By
Jason Wallach Allen L Michel
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
2:30 PM
#17.00 Hearing re: Objection to debtor's claim of exemptions
Docket 57
Sustain creditors' objections to debtor's claimed exemptions for the reasons stated in the moving papers and for lack of timely written opposition.
Because there is no waiver of the nondebtor's spouse's exemptions under the regular California nonbankruptcy exemptions of California Code of Civil Procedure 704.010 et seq. and there is no waiver of debtor's exemption rights in the nondebtor spouse's potential future bankruptcy case, pursuant to Californila Code of Civil Procedure 703.140(a)(2), debtor is not entitled to claim the alternative bankruptcy-like exemptions under California law pursuant to California Code of Civil Procedure 703.140(b), and thus, all of these exemptions are disallowed. Appearances are optional on 7/2/19, but counsel may appear by telephone. Creditors to submit a proposed order within 7 days of hearing.
Debtor(s):
Alan Eugene Salke Represented By Simon Aron
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
Docket 21
Revised tentative ruling as of 7/1/19 at 5:00 p.m. Treat as a contested matter under FRBP 9014 because there are material issues of material fact that need to be resolved regarding debtors' good faith in seeking conversion and valuation of their assets for liquidation purposes. Debtors need to explain their income and expense schedules and their assertion of separate household expenses because it appears that the trustee is correct that the evidence indicates lack of net monthly disposable income to fund a Chapter 13 plan to be eligible for Chapter 13. It is also unclear how the trustee asserts that debtors would fail the best interest of creditors test in arguing that there would be more than $5,520 realized in a liquidation of nonexempt assets in this case. Appearances are required on 7/2/19 to discuss scheduling of pretrial and trial proceedings, including discovery, but counsel may appear by telephone.
Debtor(s):
Javier Garcia Represented By
Kathleen A Moreno
Joint Debtor(s):
Deanna Garcia Represented By Kathleen A Moreno
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 7/2/19. Off calendar. Continued by stipulation and order to 7/17/19 at 11:00 a.m. No appearances are required on 7/3/19.
Prior tentative ruling as of 4/30/19. Appearances are required to discuss scheduling of further proceedings, including Phase 2 of the trial.
Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
fr. 4/17/19
Docket 144
No updated tentative ruling as of 7/1/19. Appearances are required on 7/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Appearances are required on 4/17/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth
11:00 AM
Docket 1
No updated tentative ruling as of 7/2/19. Appearances are required on 7/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. Appearances are required on 3/13/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn
10:30 AM
Docket 49
Off calendar. Motion voluntarily dismissed by notice filed on 7/9/19. No appearances are required on 7/16/19.
Debtor(s):
Luis Alberto Carrillo Represented By
Michael A Rivera - INACTIVE -
Joint Debtor(s):
Ana Lilia Carrillo Represented By
Michael A Rivera - INACTIVE -
Trustee(s):
Rosendo Gonzalez (TR) Represented By Timothy J Yoo Lindsey L Smith
10:30 AM
Docket 63
No tentative ruling in light of the trustee's opposition to the motion. Appearances are required on 7/16/19 to discuss scheduling of further proceedings, including setting an evidentiary hearing on valuation, but counsel may appear by telephone.
Debtor(s):
Dean Henrik Okland Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
fr. 6/4/19, 6/25/19
Docket 46
Updated tentative ruling as of 7/15/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling as of 6/24/19. Since a Chapter 7 trustee was appointed on 6/5/19 during the pendency of this motion and has not been served with the moving papers, movant will need to serve the trustee with the moving papers. The court will require movant to file and serve an amended notice of motion with a new hearing date on the trustee and the debtor who is now self- represented. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling. The moving papers are deficient since the proof of service fails to show service on debtor as required by LBR 4001-1(c)(1)(C). Now that the case has been converted to Chapter 7, movant will also have to serve the Chapter 7 trustee as required by LBR 4001-1(c)(1)(C). The hearing
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will have to be continued and renoticed or the motion will be dismissed without prejudice. Appearances are required on 6/4/19, but counsel may appear by telephone.
Debtor(s):
Dean Henrik Okland Pro Se
Movant(s):
Jennifer Sunderland Represented By Daren M Schlecter Kimberly Wright
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Vicente Carra Torres Represented By Daniel King
Trustee(s):
Sam S Leslie (TR) Pro Se
10:30 AM
Docket 18
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 2 because debtor is not the borrower on the loan. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Miguel Martinez Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
10:30 AM
(Ford Motor Credit Company LLC VS Debtors)
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Lawrence Edward Haynes Pro Se
Joint Debtor(s):
Kimberly Bertina Haynes Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
(Crossroads Equipment Lease and Finance, LLC VS Debtors)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. However, deny request for extraordinary relief in paragraph 4 of prayer for relief because movant has not made any showing of entitlement to retroactive annulment of stay based on the factors set forth in In re Gasprom, Inc., 500 B.R. 598, 607-608 (9th Cir.
BAP 2013) and submitted no evidence in support of such factors. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jessica Chavez Represented By Sevan Gorginian
Joint Debtor(s):
Cesar A. Chavez Represented By Sevan Gorginian
10:30 AM
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
(Erdtsieck Family Limited Partnership VS Debtor)
Docket 6
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Littlemoon, a California corporation Represented By
Leroy Bishop Austin
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Edgar Medina Galvez Represented By Daniel King
Joint Debtor(s):
Jennifer Ramirez Represented By Daniel King
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
fr. 6/25/19, 7/2/19
Docket 598
Updated tentative ruling as of 7/15/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny request for extraordinary relief in paragraph 2 because debtor is not the borrower on the loan. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Prior tentative ruling as of 7/1/19. The court has reviewed the corrected exhibit in support of the motion filed on 6/28/19, which includes the APN (assessor's parcel number), though no legal description, on Exhibit 9 to the motion, which was the grant deed purportedly transferring the subject property to debtor under his DBA. However, there are no APNs on the loan documents for the loan on the subject property that match the one on corrected Exhibit 9 because the APNs were redacted or not listed on the loan documents. Accordingly, there is still insufficient evidence to show that the grant deed is related to the subject property, and the court is inclined to deny the motion without prejudice so that movant can submit adequate evidence to demonstrate there has been an unconsented to transfer relating to the
10:30 AM
subject property by the borrower to establish a prima facie case for relief under 11 U.S.C. 362(d)(4). Appearances are required on 7/2/19, but counsel may appear by telephone.
Prior tentative ruling. Deny without prejudice because movant has not shown how the stay from this bankruptcy case affects this property. Exhibit 9 is missing the attached legal description of the property which would apparently tie in this property to the debtor; the reference to the borrower on the deed as the person requesting recordation of the deed is insufficient to tie the property to the debtor. Otherwise, the moving papers do not show how the bankruptcy case relates to the property. Deny request for extraordinary relief in paragraph 3 of the prayer for relief to allow stay relief to work out a potential forebearance agreement with the debtor for lack of legal support because debtor was not the borrower on the loan agreement. Appearances are required on 6/25/19, but counsel may appear by telephone.
Debtor(s):
Chul Hyun Gong Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Jeffrey L Sumpter Varand Gourjian
10:30 AM
fr. 7/2/19
Docket 87
Updated tentative ruling as of 7/15/19. Off calenadr. Motion resolved by stipulation and order. No appearances are required on 7/16/19.
Prior tentative ruling. No tentative ruling in light of debtor's opposition to the motion. Treat as a contested matter under FRBP 9014 because there are disputed issues of material fact as to whether cause is shown for lack of adequate protection under 11 U.S.C. 362(d) and set an evidentiary hearing to resolve disputed issues of material fact. Deny stay relief under 11 U.S.C.
362(d)(2) since the moving papers state debtor has equity in the collateral and thus, movant has failed to meet its burden of demonstrating lack of equity in the collateral under 11 U.S.C. 362(g)(1). Given the amount in controversy, the parties are encouraged to consider settlement. Appearances are required on 7/2/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
1:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 3/13/19, 5/15/19, 5/29/19
Docket 1
Updated tentative ruling as of 7/15/19. Off calendar. The court on its own motion continues the status conference to 7/17/19 at 1:30 p.m., which was another date and time set for the status conference for all defendants. No appearances are required on 7/16/19.
Prior tentative ruling as of 5/13/19. Off calendar. Continued by stipulation and order to 5/29/19 at 2:30 p.m. No appearances are required on 5/15/19.
Revised tentative ruling as of 3/11/19. The court is inclined to set a further status conference to allow time for Cathay Bank to provide input on discovery and trial setting, but 60 days rather than 3 to 6 months, and because the case is not yet at issue. The court has considered the requests of various parties for severance of claims for trial, but while the court agrees with plaintiff, it may be early, but given the unwieldy nature of this litigation, some severance of claims probably makes sense. Plaintiff's concerns about efficiency of litigation might be handled by some consolidation of discovery and other pretrial proceedings. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. Appearances are required on 9/12/18, but counsel may appear by telephone. No tentative ruling on the state of
1:30 PM
discovery, except regarding 400 S. La Brea, LLC's submission of documents for in camera review:
Document | Tentative Ruling |
400 S. La Brea, LLC's 2015 Balance Sheet 400 S. La Brea, LLC's 2016 Balance Sheet 400 S. La Brea, LLC's 2016 Income Statement 400 S. La Brea, LLC's 2016 Federal and State Tax Returns | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B)(i). |
2012 Appraisal of the Subject Property 2013 Appraisal of the Subject Property | Order disclosure, subject to redaction of "confidential commercial information." |
2017 Appraisal of the Subject Property Technical Review of the 2017 Appraisal of the Subject Property | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B) (i). The 2017 documents are irrelevant because they postdate the subject lease term. |
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits.
1:30 PM
Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:19-01126 Gonzalez v. Avery
Docket 1
The court had orally ruled at the hearing in this matter on 6/25/19 that the adversary proceeding should be dismissed on grounds that Debtor lacked standing to seek turn over of funds in the name of Long Beach Realty, Inc., which he maintains is a separate legal entity, and defendant was to submit a proposed form of order. Appearances are required on 7/16/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Wesley Avery Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
1:30 PM
Adv#: 2:19-01088 7175 WB, LLC v. Levene, Neale, Bender, Yoo & Brill, L.L.P.
U.S.C. § 959(b) fr. 5/28/19
Docket 1
Off calendar. Continued by stipulation and order to 8/20/19 at 1:30 p.m. No appearances are required on 7/16/19.
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
Defendant(s):
Levene, Neale, Bender, Yoo & Brill, Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
1:30 PM
Adv#: 2:19-01142 7175 WB, LLC v. Jaurigui
Docket 1
No tentative ruling as of 7/15/19. Parties to discuss the results of their early meeting of counsel under LBR 7026-1 and any impact on the proposed schedules in the joint status report. Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Docket 39
No tentative ruling as of 7/15/19. The court has reviewed the joint status report.
Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
1:30 PM
Adv#: 2:19-01140 GemCap Lending I, LLC v. Great Rock Capital Partners Management, LLC
Docket 1
Off calendar. Continued by stipulation and order to 8/27/19 at 1:30 p.m. No appearances are required on 7/16/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
Defendant(s):
Great Rock Capital Partners Pro Se
Plaintiff(s):
GemCap Lending I, LLC Represented By Carol Chow
1:30 PM
Docket 6
Off calendar. The court discharges the order to show cause because debtor filed his credit counseling certificate and vacates the hearing. No appearances are necessary.
Debtor(s):
Howard Y Won Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
2:00 PM
Docket 38
Off calendar. Movant filed a request for voluntary dismissal of the motion filed on 7/2/19, stating that she will lodge a proposed order. No appearances are necessary.
Debtor(s):
Maria Edi Dominguez Represented By
M. Jonathan Hayes
Trustee(s):
David M Goodrich (TR) Pro Se
2:00 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
fr. 6/25/19
Docket 65
No tentative ruling as of 7/15/19. Appearances are required on 7/16/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
Defendant(s):
Ammec, Inc. Represented By
John Barriage
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:00 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
fr. 4/30/19, 6/11/19
Docket 69
Updated tentative ruling as of 7/15/19. Appearances are required on 7/16/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. The court on its own motion by prior order continues the hearing to 6/11/19 at 2:00 p.m. No appearances are required on 4/30/19.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
Defendant(s):
Ammec, Inc. Represented By
John Barriage
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
2:00 PM
John-Patrick M Fritz David B Golubchik
2:30 PM
Adv#: 2:15-01122 Howard Grobstein as Liquidating Trustee of L. Scot v. Sharron et al
fr. 5/21/19
Docket 194
Off calendar. Continued by stipulation and order to 10/1/19 at 2:30 p.m. No appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Defendant(s):
Lowell S. Sharron Represented By Lloyd S Mann
Beyond Basics, LLC dba Daily Represented By Lloyd S Mann
Plaintiff(s):
Howard Grobstein as Liquidating Represented By
Brian L Davidoff Courtney E Norton Lori L Werderitch Keith Patrick Banner
2:30 PM
Adv#: 2:15-01122 Howard Grobstein as Liquidating Trustee of L. Scot v. Sharron et al
Docket 192
Off calendar. Examination stayed by order for stay pending appeal entered on 7/1/19. No appearances are required on 7/16/19.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Defendant(s):
Lowell S. Sharron Represented By Lloyd S Mann
Beyond Basics, LLC dba Daily Represented By Lloyd S Mann
Plaintiff(s):
Howard Grobstein as Liquidating Represented By
Brian L Davidoff Courtney E Norton Lori L Werderitch Keith Patrick Banner
2:30 PM
Docket 395
Off calendar. Continued to 8/20/19 at 2:30 p.m. by order entered on 7/9/19. No appearances are required on 7/16/19.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
2:30 PM
Docket 408
Off calendar. Continued to 8/20/19 at 2:30 p.m. by order entered on 7/9/19. No appearances are required on 7/16/19.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
2:30 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
Docket 50
Deny plaintiff's motion to compel discovery for the reasons stated in defendant's opposition because: (1) as indicated by the proof of service, defendant's responses to the requests for admission were timely; (2) the responses were adequate; (3) the testimony in the McNair declaration is inadmissible hearsay and not admissible as a business record within the meaning of FRE 803(6) or (7) since it was not made as a regularly conducted business activity; (4) since no party has filed a motion to compel initial disclosures under FRCP 37(a)(3)(A), it is unnecessary for the court to rule upon the adequacy of the disclosures. It does not matter that defendant's opposition was late because the motion failed to make a prima facie showing for relief. Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
2:30 PM
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
Docket 84
Approve interim fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 7/16/19, but trustee and applicant may appear by telephone.
Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
George E Schulman
2:30 PM
Docket 87
Approve second interim fee application of general counsel for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 7/16/19, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
George E Schulman
2:30 PM
Docket 31
No tentative ruling as of 7/15/19. Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Peter Spennato DDS, Inc. Represented By David B Golubchik
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
2:30 PM
Docket 29
No tentative ruling as of 7/15/19. Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Peter Spennato DDS, Inc. Represented By David B Golubchik
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
2:30 PM
Docket 34
No tentative ruling as of 7/15/19. Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Peter Spennato DDS, Inc. Represented By David B Golubchik
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
2:30 PM
Docket 36
Deny trustee's motion for admission of excerpts of Federal Rule of Bankruptcy Procedure 2004 examination of Peter Spennato without prejudice because the motion is premature in that it does not identify the hearing or trial for which the excerpts are to be used and the adverse party against whom the excerpts are being offered against. The motion is also defective because the citation in the motion to the rule relied upon by trustee as "Federal Rule 32(a) (3)" is incomplete, although the court construes the motion as being one pursuant to Federal Rule of Civil Procedure 32(a)(3). Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Peter Spennato DDS, Inc. Represented By David B Golubchik
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
2:30 PM
Docket 188
Deny movants' motion to find debtor in contempt on procedural grounds because movants did not follow the civil contempt procedures of LBR 9020-1 which requires them to file a motion consistent with that rule and a proposed order to show cause. Movants did not follow the procedures of LBR 9020-1 in just noticing the contempt matter for hearing pursuant to LBR 9013-1, which is improper. Alternatively, deny the motion for lack of good cause. The court has reviewed the transcript of the FRBP 2004 examination and related counsel email correspondence and did not view anything in these documents as constituting civil contempt, specifically, the evidence that debtor's counsel made improper "speaking" objections and was coaching the witness is unsubstantiated, and thus, would deny the motion, including any request for sanctions, except to require a further FRBP 2004 examination to complete the examination, which would be held here in the courthouse without exclusion of any party from attending the further examination. Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
2:30 PM
Docket 37
Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. Both parties failed to provide separate tabs for exhibits attached to judge's copies of their papers as required by LBR 5005-2(d).
Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Oscar Gomez Navarrete Represented By Brad Weil
Trustee(s):
Brad D Krasnoff (TR) Pro Se
2:30 PM
Docket 30
Revised tentative ruling as of 7/15/19 at 6:00 p.m. Approve first interim fee application of general bankruptcy counsel for trustee for the reasons stated in the application and lack of timely written objection. Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
LT Funding, LLC Represented By
Robert L Eisenbach III
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
George E Schulman
2:30 PM
Adv#: 2:19-01148 BARAKA HOLDINGS, LLC v. Arixa Fund III, L.P. et al
Docket 13
Grant motion of counsel to withdraw for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 7/16/19, but counsel may appear by telephone. Counsel to lodge a proposed order within 7 days of hearing.
Debtor(s):
BARAKA HOLDINGS, LLC Represented By
Edmond Richard McGuire Douglas A Crowder
Defendant(s):
Jan Brzeski Represented By
Marc Weitz
Robert K. Barth Represented By Marc Weitz
Greg Hebner Represented By
Marc Weitz
Arixa Fund III, L.P. Represented By Marc Weitz
CROSSWIND VENTURE, L.P. Represented By
Marc Weitz
Plaintiff(s):
BARAKA HOLDINGS, LLC Represented By
2:30 PM
Trustee(s):
Douglas A Crowder
John J Menchaca (TR) Represented By Robert P Goe
2:30 PM
Docket 15
Off calendar. Final fee installment paid. The court discharges the order to show cause. No appearances are necessary.
Debtor(s):
Elizabeth Ordonez Pro Se
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 7/15/19. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/2/19. Off calendar. Continued by stipulation and order to 7/17/19 at 11:00 a.m. No appearances are required on 7/3/19.
Prior tentative ruling as of 4/30/19. Appearances are required to discuss scheduling of further proceedings, including Phase 2 of the trial.
Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
Docket 196
Off calendar. The court on its own motion by prior order continues the hearing on the motion to 8/14/19 at 11:00 a.m. No appearances are required on 7/17/19.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
Docket 194
Off calendar. The court on its own application by prior order continues the hearing on the motion to 8/14/19 at 11:00 a.m. No appearances are required on 7/17/19.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
fr. 3/21/19, 5/15/19, 6/11/19
Docket 180
Updated tentative ruling as of 7/15/19. the court has reviewed the unilateral status report filed by creditor Emma Borges. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. The court has reviewed creditor's unilateral status report regarding mediation. No tentative ruling on the merits. Appearances are required on 5/15/19 for the evidentiary hearing.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19 for the evidentiary hearing.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Prior tentative ruling as of 12/17/18. No tentative ruling will be issued for the evidentiary hearing on creditor's motion to convert case to Chapter 7.
11:00 AM
Appearances are required on 12/19/18.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/19/18 at 1:30 p.m. No appearances are required on 12/5/18.
Prior tentative ruling. Overrule evidentiary objections of debtor to Polis declaration. The court is inclined to order debtor to file a written outline of how this case will reorganize with an estimated timetable by 11/21/18 and set a further and separate hearing on the motion on 11/28/18 at 10:00 a.m. to discuss the status of debtor's reorganization efforts. Debtor's opposition really did not show much in the way of the presence of a reasonable likelihood of reorganization to persuade the court to deny the motion at the hearing on 11/14/18, which is somewhat disconcerting, given the age of this case, now approaching its one year anniversary on 11/30/18. The court thinks debtor must make some showing of a reasonable likelihood of a confirmable plan within a reasonable period of time, or otherwise it might be convinced to grant the motion. Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
fr. 3/21/19, 5/15/19, 6/11/19
Docket 255
Updated tentative ruling as of 7/15/19. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. The court is inclined to allow the parties to participate in mediation before the settlement judge before ruling on the amended disclosure statement.
Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling. Disapprove proposed disclosure statement for lack of sufficient information because it lacks sufficient detailed information on how the plan is feasible, including historical financial information. Just attaching copies of monthly operating reports to the disclosure statement is insufficient. The disclosure statement needs to describe the means on how the plan is going to be funded to demonstrate feasibility to creditors. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By
11:00 AM
Raymond H. Aver
11:00 AM
Docket 77
Updated tentative ruling as of 7/15/19. The court has reviewed debtor's status report regarding the disclosure statement. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of debtor's disclosure statement as not containing adequate information for the reasons stated in the objections of creditors because the disclosure statement does not provide sufficient information regarding feasibility or address the issue of modification of the secured creditor's claims and rights. The disclosure statement does not show how the payment of the arrearages on the effective date is feasible based on debtor's available cash on hand stated in the disclosure statement. Debtor must provide a detailed statement of income and expenses for each property as directed by the income and expense statements attached to the disclosure statement, which she has not done, and she should provide historical data and projections for these properties. If the secured creditors' claims and rights are modified, then the claims are impaired, and the secured creditors have a right to vote. The denial of approval of the disclosure statement is with leave to amend. Appearances are required on 3/27/19, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
Updated tentative ruling as of 7/15/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. Off calendar. The court has debtor's status report advising that she has filed a motion to approve disclosure statement noticed for hearing on 3/27/19 at 11:00 a.m. The court on its own motion continues the status conference to 3/27/19 at 11:00 a.m. to be conducted with that hearing. No appearances are required on 3/6/19.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. The court has reviewed debtor's status
11:00 AM
report filed on 8/15/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. The court has reviewed debtor's status report filed on 5/9/18. No tentative ruling on the merits. Appearances are required on 5/16/18, but counsel may appear by telephone.
Updated tentative ruling as of 3/5/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 310
Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 7/17/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 312
Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 7/17/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 314
Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 7/17/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 316
Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 7/17/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 277
Updated tentative ruling as of 7/15/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 7/17/19.
Prior tentative ruling as of 5/14/19. Appearances are required on 5/15/19, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 1
Updated tentative ruling as of 7/15/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 7/17/19.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 7/13/18 and proposed date for filing a disclosure statement of 6/4/18 seem reasonable. Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
11:00 AM
Docket 58
Updated tentative ruling as of 7/15/19. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. Appearances are required on 6/12/19 regarding scheduling debtor's appearance before the court, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Although the amended disclosure statement is an improvement over the last version, the information is not completely adequate because debtor's listing of business expenses is inadequate and does not state what they are. Debtor should break down what they specifically are, and debtor should provide a historical breakdown of such specific expenses over the last 12 months. The court notes that the expenses are not evenly spread out during the last 12 months, but apparently are large in a few months and small in other months. Since the plan payments are so small, the court believes that it needs to give debtor's expenses close scrutiny, so that meaningful information is given to creditors for voting. Appearances are required on 4/17/19, but counsel may appear by telephone.
Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling. The matter of debtor's motion to value secured claim or lien as to Lending 1st Mortgage, LLC is not yet resolved and needs to be
11:00 AM
resolved before the case may proceed to plan confirmation. It appears that even though the motion is resolved as to Specialized Loan Servicing by stipulation and order, the motion is not resolved as to the other lien creditor and that the motion should be renoticed for hearing.
Debtor will have to provide additional information for the disclosure statement relating to: (1) his business expenses for which a detailed statement is required for Schedule I/J, and which was not provided either with the schedule or in Exhibit F; (2) his payments on the first deed of trust, for which there is no detailed breakdown of principal, interest, taxes, and other expenses; (3) and debtor should also provide financial projections for the entire 60-month duration of the plan.
The court will also require that debtor provide a narrative statement about his employment history and future employment prospects and his income producing activities, such as the investment real property and its income prospects, such as rental increases or decreases.
Appearances are required on 1/16/19, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
Docket 1
Updated tentative ruling as of 7/15/19. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. Off calendar. Continued on the court's own motion to 1/16/19 at 11:00 a.m. to be conducted with the hearing on debtor's disclosure statement. No appearances are required on 12/19/18.
Prior tentative ruling as of 11/6/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
fr. 4/30/19, 5/7/19, 6/13/19
Docket 142
Updated tentative ruling as of 7/15/19. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/3/19. No tentative ruling will be issued for trial. Appearances are required on 6/13/19.
Prior tentative ruling. The court was inclined to deny the stay relief motion at this time because of the limited and summary nature of a stay relief proceeding to determine whether movant as a creditor should be release from the stay to argue the merits of his claim in a separate proceeding. In re Griffin, 719 F.3d 1126, 1128 (9th Cir. 2013). Granting stay relief will require a determination of issues relating to the merits of movant's claim, such as whether the subject property is community property or not, whether there are reasonable prospects of reorganization and whether debtor filed the bankruptcy case in good faith, which are issues that will be determined in other proceedings pending before the court, that is, on movant's motion to dismiss and motion to appoint a Chapter 11 trustee, and debtor's motion to avoid movant's judgment lien. Appearances are required on 5/7/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Movant(s):
Joe Klein Represented By
Niv V Davidovich
11:00 AM
Joe Klein Represented By
Niv V Davidovich
11:00 AM
Docket 57
Grant debtor's motion to extend time to file a disclosure statement and plan to 9/10/19 for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 7/17/19, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
1:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 3/13/19, 5/15/19, 5/29/19
Docket 1
Updated tentative ruling as of 7/15/19. No tentative ruling on the merits. Appearances are required on 7/17/19 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. Off calendar. Continued by stipulation and order to 5/29/19 at 2:30 p.m. No appearances are required on 5/15/19.
Revised tentative ruling as of 3/11/19. The court is inclined to set a further status conference to allow time for Cathay Bank to provide input on discovery and trial setting, but 60 days rather than 3 to 6 months, and because the case is not yet at issue. The court has considered the requests of various parties for severance of claims for trial, but while the court agrees with plaintiff, it may be early, but given the unwieldy nature of this litigation, some severance of claims probably makes sense. Plaintiff's concerns about efficiency of litigation might be handled by some consolidation of discovery and other pretrial proceedings. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 9/10/18. Appearances are required on 9/12/18, but counsel may appear by telephone. No tentative ruling on the state of discovery, except regarding 400 S. La Brea, LLC's submission of documents for in camera review:
Document | Tentative Ruling |
400 S. La Brea, LLC's 2015 Balance Sheet 400 S. La Brea, LLC's 2016 Balance Sheet 400 S. La Brea, LLC's 2016 Income Statement 400 S. La Brea, LLC's 2016 Federal and State Tax Returns | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B)(i). |
2012 Appraisal of the Subject Property 2013 Appraisal of the Subject Property | Order disclosure, subject to redaction of "confidential commercial information." |
2017 Appraisal of the Subject Property Technical Review of the 2017 Appraisal of the Subject Property | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B) (i). The 2017 documents are irrelevant because they postdate the subject lease term. |
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
9:00 AM
fr. 3/13/19, 4/3/19, 5/15/19
Docket 2423
Updated tentative ruling as of 7/15/19. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 7/19/19.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling. Since the parties do not dispute that movant is not in technical compliance with LBR 2004-1 regarding a prefiling conference, the court will order movant to comply with this prefiling conference requirement before ruling on the motion on the merits.
In reviewing the motion, the court has concerns regarding the volume of documents requested by movant which do not appear to be entirely relevant and reasonable and appears to be burdensome and oppressive. In some respect, movant has proposed modifications in the document production requests in his reply, which should be discussed by the parties in their prefiling conference under LBR 2004-1(a).
It seems to the court that movant has standing to request "reasonable and relevant" information about estate administration, but not all the information requests seem to be reasonable and relevant and may be proprietary information not available to parties who intend to compete with debtor's business, such as movant. That movant has a right to ply his trade does not mean that he is entitled to proprietary information of the estate to compete with debtor.
9:00 AM
The court will set a further hearing on the motion for a date that the parties have had their prefiling conference and have had an opportunity to identify and discuss in further briefing their remaining differences.
Appearances are required on 2/19/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Movant(s):
Douglas Chrismas Represented By David B Shemano Alan W Forsley Jonathan Shenson
10:30 AM
Docket 108
Deny stay relief motion for failure of creditor to meet its burden of proving lack of equity of debtor in collateral under 11 U.S.C. 362(g)(1). Creditor's moving papers on their face show that debtor has equity in the subject property and thus fail to demonstrate lack of equity under 11 U.S.C. 362(d) (2). Moreover, creditor's moving papers lack admissible evidence to demonstrate lack of equity to demonstate lack of adequate protection under 11 U.S.C. 362(d)(1) because its valuation evidence is not supported by a declaration under penalty of perjury by a qualified valuation expert witness who has conducted a proper valuation analysis based on scientifically accepted valuation principles (i.e., sales comparables analysis) and only consists of hearsay opinions of unknown persons based on unknown analysis. Furthermore, creditor's moving papers on their face fail to demonstate lack of adequate protection since they indicate a 28% equity cushion to adequately protect its lien interest in the subject property. In re Mellor, 734 F.2d 1396 (9th Cir. 1984). Finally, deny requests for extraordinary relief in paragraphs 8, 10 and 11 for lack of evidentiary and/or legal support.
In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
10:30 AM
Docket 15
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Christopher A. Castanon Represented By Steven B Lever
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
(U.S. Bank National Association VS Debtors)
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Julio Rendon Represented By
A Mina Tran
Joint Debtor(s):
Mercy Rendon Represented By A Mina Tran
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Evlin Gharbigi Represented By Daniel King
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
(American Honda Finance Corporation VS Debtors)
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Hye Duk Kim Represented By Andrew S Cho
Joint Debtor(s):
Mi Young Kim Represented By Andrew S Cho
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Evelyn Yadira Salas Represented By Omar Zambrano
Movant(s):
Golden 1 Credit Union Represented By Mirco J Haag
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2), includuing retroactive annulment of stay, to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny requests for relief under 11 U.S.C. 362(b)(22) and (23) for lack of good cause because movant did not obtain prepetition judgment for possession and has not made prima facie showing of endangerment by debtor. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
David Aguayo Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
11:00 AM
fr. 7/2/19
Docket 649
Updated tentative ruling as of 7/29/19 at 3:00 p.m. Objecting party 7175 WB filed a notice of withdrawal of its objections to the motion to approve settlement between debtor and its former general bankruptcy counsel and the second and final fee applciation of counsel based on terms to be read at the hearing. No tentative ruling on the merits. Appearances are required on 7/30/19, but counsel may appear by telephone.
Prior tentative ruling. Grant debtor's motion to enter into settlement agreement and mutual release resolving reorganized debtor's objection to second (revised) and final application of Levene Neale Bender Yoo and Brill LLP for approval of fees and expenses for the reasons stated in the moving and reply papers and overrule the objections of 7175 WB whose rights are not affected by the settlement because it still has the rights to litigate its objections to the fee application. Appearances are required on 7/2/19, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
11:00 AM
fr. 4/17/19, 7/3/19
Docket 144
Updated tentative ruling as of 7/29/19. Off calendar. Continued to 9/4/19 at 2:00 p.m. by prior order. No appearances are required on 7/30/19.
Prior tentative ruling as of 7/1/19. Appearances are required on 7/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Appearances are required on 4/17/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth
11:00 AM
Docket 1
Updated tentative ruling as of 7/29/19. Off calendar. Continued to 9/4/19 at 2:00 p.m. by prior order. No appearances are required on 7/30/19.
Prior tentative ruling as of 7/2/19. Appearances are required on 7/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. Appearances are required on 3/13/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn
11:00 AM
Docket 12
No updated tentative ruling as of 7/29/19. Appearances are required on 7/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Lawrence Edward Haynes Pro Se
Joint Debtor(s):
Kimberly Bertina Haynes Pro Se
11:00 AM
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:30 PM
fr. 12/5/18, 12/12/18, 3/26/19, 5/28/19
Docket 328
Off calendar. The status conference is moot because the underlying bankruptcy case was dismissed. No appearances are required on 7/30/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
1:30 PM
Adv#: 2:18-01289 Grand View Financial, LLC v. Ladd et al
(2) injunctive relief fr. 11/27/18, 2/26/19
Docket 1
Off calendar. The status conference is moot because the adversary proceeding was dismissed. No appearances are required on 7/30/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
Danna Ladd Pro Se
Darren Ladd Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
1:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 4/30/19, 5/7/19, 5/29/19
Docket 1
Updated tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/28/19. Counsel for plaintiff has informally advised the court by leaving a voicemail message that he is out of the country on vacation and requests a continuance of the status conference. Since this is not a proper request for a continuance, such request is denied. See Local Bankruptcy Rule 9013-1(m). Appearances are required on 5/29/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/22/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion for judgment on the pleadings. No appearances are required on 5/15/18.
1:30 PM
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:18-01231 Mercedes-Benz Financial Services USA LLC, as servi v. Smith
fr. 9/6/18, 3/12/19, 6/25/19
Docket 1
Off calendar. Judgment is being entered by stipulation of the parties. No appearances are required on 7/30/19.
Debtor(s):
Angela Maria Porcell Smith Represented By Beatriz Chen
Defendant(s):
Angela Maria Porcell Smith Pro Se
Joint Debtor(s):
Michael S. Smith Represented By Beatriz Chen
Plaintiff(s):
Mercedes-Benz Financial Services Represented By
Rebecca A Caley
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
Adv#: 2:19-01009 Vechery v. Shapiro
fr. 3/26/19, 5/14/19
Docket 1
Updated tentative ruling as of 7/29/19. No tentative ruling in light of the pending motion to dismiss the second amended complaint. The court will hear argument on the motion to dismiss at the same time as the status conference on the 1:30 p.m. calendar. Appearances are required on 7/30/19 at 1:30 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. Appearances are required on 5/14/19, but counsel may appear by telephone.
Debtor(s):
Michael Richard Shapiro Represented By Charles Shamash Joseph E. Caceres
Defendant(s):
Michael Richard Shapiro Pro Se
Plaintiff(s):
Harvey Vechery Represented By Tom Lallas Mark D Hurwitz
Trustee(s):
Timothy Yoo (TR) Pro Se
1:30 PM
Adv#: 2:18-01375 Vance v. Zacky & Sons Poultry, LLC
fr. 4/16/19, 5/28/19, 6/25/19
Docket 1
The court has reviewed the joint status report. No tentative ruling on the merits. At the status conference, the court will hear from the parties on defendant's request for a 90 day continuance and a stay of proceedings. Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
Defendant(s):
Zacky & Sons Poultry, LLC Pro Se
Plaintiff(s):
Karen Vance Represented By
Gail L Chung Jack A Raisner Rene S Roupinian Robert N Fisher
1:30 PM
Adv#: 2:19-01148 BARAKA HOLDINGS, LLC v. Arixa Fund III, L.P. et al
Docket 1
Off calendar. The status conference is moot because the adversary proceeding was dismissed. No appearances are required on 7/30/19.
Debtor(s):
BARAKA HOLDINGS, LLC Represented By
Edmond Richard McGuire Douglas A Crowder
Defendant(s):
Arixa Fund III, L.P. Represented By Marc Weitz
CROSSWIND VENTURE, L.P. Represented By
Marc Weitz
Jan Brzeski Pro Se
Robert K. Barth Pro Se
Greg Hebner Pro Se
Plaintiff(s):
BARAKA HOLDINGS, LLC Represented By Douglas A Crowder
1:30 PM
Trustee(s):
John J Menchaca (TR) Represented By Robert P Goe
1:30 PM
Docket 11
Off calendar. The court discharges the order to show cause because debtor filed his credit counseling certificate. No appearances are required on 7/30/19.
Debtor(s):
William James Palmer Jr Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Docket 43
No tentative ruling as of 7/29/19. Appearances are required on 7/30/19.
Debtor(s):
Prestige Auto Body Center, Inc. Represented By
David R Haberbush
2:00 PM
Adv#: 2:17-01535 Grand View Financial, LLC v. Tan et al
(2) turnover of real property; and (3) turnover of property of the estate and accounting fr. 1/16/18M 12/11/18
Docket 1
Off calendar. The status conference is moot because the underlying bankruptcy case was dismissed. No appearances are required on 7/30/19.
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
Stella Tan Represented By
Larry D Webb Wei Guo Tan, Trustee of the Sunlight Pro Se
Plaintiff(s):
Grand View Financial, LLC Represented By Todd M Arnold
2:30 PM
Application for fees and expenses [Diane C. Weil, Chapter 7 Trustee]
Docket 185
The court has reviewed the trustee's final report and fee application, and the court is inclined to approve the final report and fee application for the reasons stated therein and for lack of timely written objection. However, because general bankruptcy counsel for trustee has not provided a judge's copy of its fee application as required by LBR 5005-2(d), the court will continue the hearing for submission of the judge's copy of that fee application.
Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
MEHRDAD TAHERIPOUR Represented By Alan F Broidy
Trustee(s):
Diane C Weil (TR) Pro Se
2:30 PM
[Danning, Gill, Diamond & Kollitz, LLP, Attorney for Chapter 7 Trustee]
Docket 183
No tentative ruling as of 7/29/19. Applicant has not provided a judge's copy of the fee application as required by LBR 5005-2(d), and the court will continue the hearing for submission of the judge's copy. Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
MEHRDAD TAHERIPOUR Represented By Alan F Broidy
Trustee(s):
Diane C Weil (TR) Pro Se
2:30 PM
fr. 4/16/19, 5/7/19
Docket 48
Updated tentative ruling as of 7/29/19. Based on the supplemental evidence filed by movant showing her appointment as special administrator of the probate estates of debtors, grant motion to reopen case for the reasons stated in the moving papers and for lack of timely written opposition. The court need not rule on the motion for authority to file motions on behalf of debtors since it appears from letters testamentary that movant has authority to act on behalf of the debtors who are now deceased. Appearances are optional on 7/30/19, but counsel may appear by telephone. Movant to submit a proposed order within 7 days of hearing.
Prior tentative ruling as of 5/6/19. Deny motion without prejudice for lack of standing because movant has not shown that she is the representative of the probate estate to exercise of the powers of an estate administrator, which requires her to be: (1) the executor, (2) administrator with will annexed, (3) administrator, or (4) special administrator. See California Probate Code Sections 8420, 8440, 8460(a) and 8540(a), cited in Ross and Cohen, Rutter Group California Practice Guide: Probate, paragraph 3:326 (2018). Movant as trustee of debtors' revocable living trust does not give her standing to act as the probate estate administrator, and movant has not provided legal authority showing that she has such standing. Movant probably needs to get an appointment from the probate court as a special administrator to represent the estate in litigation, such as this bankruptcy case. See Ross and Cohen, Rutter Group California Practice Guide: Probate, paragraph 14:1 et seq.
Appearances are required on 5/7/19, but counsel may appear by telephone.
Prior tentative ruling. The moving papers are deficient because movant has not demonstrated standing to act on behalf of debtors as the administrator of their probate estates as she has not provided copies of the probate court's
2:30 PM
orders appointing her as the administrator of the probate estates (i.e., letters testamentary). Deny the motion without prejudice unless movant provides the court with copies of the probate court's orders appointing her as the administrator. Appearances are required on 4/16/19, but counsel may appear by telephone.
Debtor(s):
Alphonso Rowe Ferguson Represented By
Michelle A Marchisotto Sundee M Teeple
Joint Debtor(s):
Ruby Lee Ferguson Represented By
Michelle A Marchisotto Sundee M Teeple
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
fr. 2/26/19, 5/7/19, 6/11/19
Docket 32
- NONE LISTED -
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith Ian Landsberg
Defendant(s):
JPMORGAN CHASE BANK, N.A. Represented By
Matthew S Henderson
QUALITY LOAN SERVICE Represented By Merdaud Jafarnia
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
2:30 PM
Adv#: 2:17-01570 GRAND VIEW FINANCIAL, LLC v. JPMORGAN CHASE BANK, N.A.
Violation Of Fair Debt Collection Practices Act fr. 1/8/19, 3/5/19, 5/7/19
Docket 1
Updated tentative ruling as of 1/7/19. Off calendar. Continued by stipulation and order to 3/5/19 at 1:30 p.m. No appearances are required on 1/8/19.
Prior tentative ruling as of 4/30/18. No tentative ruling on the merits. Appearances are required on 5/1/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/20/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. Off calendar. The court on its own motion continues the status conference to 3/20/18 at 3:00 p.m. A separate order is being entered. No appearances are required on 2/27/18.
Prior tentative ruling. The court has reviewed the joint status report and also notes on the case docket that there is a hearing on the motion of defendant JP Morgan Chase Bank, N.A. to dismiss plaintiff's amended complaint on 2/27/18 at 3:00 p.m., which may have an impact on scheduling in this adversary proceeding. Therefore, the court on its own motion continues the status conference to 2/27/18 at 3:00 p.m. to be conducted with the hearing on the motion to dismiss the amended complaint. No appearances are required on 2/13/18.
2:30 PM
Debtor(s):
Grand View Financial LLC Represented By Todd M Arnold Lindsey L Smith
Defendant(s):
JPMORGAN CHASE BANK, N.A. Pro Se QUALITY LOAN SERVICE Pro Se
Plaintiff(s):
GRAND VIEW FINANCIAL, LLC Represented By
Todd M Arnold
2:30 PM
Docket 28
Grant in part and deny in part trustee's motion for order vacating debtor's discharge and for turnover of funds by granting relief for turnover of prorated tax refund for the prepetition period of the 2017 tax year (i.e., before the petition date of October 10, 2017), denying relief for turnover of prorated tax refund for the postpetition period of the 2017 tax year, In re Meyers, 616 F.3d 626 (7th Cir. 2010), cited in 11 Levin and Sommer, Collier on Bankruptcy, paragraph TX2.05[2] at TX2-45 (16th ed. 2018) ("if a refund is generated for the year of the bankruptcy filing, it has been held that the refund attributable to the prepetition period is property of the bankruptcy estate"), and denying request to vacate debtor's discharge because such relief to revoke debtor's discharge under 11 U.S.C. 727(a) must proceed by adversary proceeding pursuant to FRBP 7001(4) rather than by motion only permitted for 11 U.S.C. 727(a)(8) and (9) and 1328(f). Appearances are required on 7/30/19, but trustee and counsel may appear by telephone.
Debtor(s):
Raul A. Barrientos Represented By Jesus L Zuniga
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
Application for fees and expenses [David M. Goodrich, Chapter 7 Trustee]
Docket 48
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 7/30/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Stephen B Wishek Represented By James R Selth
Joint Debtor(s):
Virginia Wishek Represented By James R Selth
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
[LEA Accountancy, LLP, Accountant for Chapter 7 Trustee]
Docket 46
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 7/30/19, but trustee and appllcant may appear by telephone.
Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Stephen B Wishek Represented By James R Selth
Joint Debtor(s):
Virginia Wishek Represented By James R Selth
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
fr. 4/30/19
Docket 152
Updated tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/30/19, but counsel may appear by telephone.
Prior tentative ruling. Grant debtor's motion for order authorizing use of cash collateral through 10/31/19 for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 4/30/19, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Application for fees and expenses [David M. Goodrich, Chapter 7 Trustee]
Docket 20
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 7/30/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Marjorie L Gilbert Represented By James L Migler
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Application for fees and expenses [Wesley H. Avery, Chapter 7 Trustee]
Docket 39
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 7/30/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Ivan Angel Pena Represented By Kian Mottahedeh
Joint Debtor(s):
Candy Mireya Pena Represented By Kian Mottahedeh
Trustee(s):
Wesley H Avery (TR) Represented By Joseph E. Caceres Charles Shamash
2:30 PM
[Caceres & Shamash, LLP, Attorney for Chapter 7 Trustee]
Docket 37
Approve final fee application of attorney for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 7/30/19, but trustee and counsel may appear by telephone.
Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Ivan Angel Pena Represented By Kian Mottahedeh
Joint Debtor(s):
Candy Mireya Pena Represented By Kian Mottahedeh
Trustee(s):
Wesley H Avery (TR) Represented By Joseph E. Caceres Charles Shamash
2:30 PM
Application for fees and expenses [John J. Menchaca, Chapter 7 Trustee]
Docket 18
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 7/30/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Antonio Romero Ontiveros Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:30 PM
Adv#: 2:19-01009 Vechery v. Shapiro
Docket 30
The court will advance the hearing on the motion to dismiss to be conducted with the status conference on the court's 1:30 p.m. hearing calendar.
Deny motion to dismiss because the second amended complaint alleges plausible claims under 11 U.S.C. 523(a)(2)(A) and (6) that plaintiffs were induced to extend, renew or refinance existing credit from them to defendant, though no new loans were made by them to defendant, on grounds of alleged misrepresentations regarding potential success of certain litigation and unkept promises relating to repayment of the loan. The second amended complaint will be deemed filed and served on the date of entry of the order on the motion to dismiss, and defendant will have 14 days to serve an answer to the second amended complaint pursuant to FRBP 7015 and FRCP 15(a)(3) from service of the date of entry of the order on the motion to dismiss.
Appearances are required on 7/30/19 at 1:30 p.m., but counsel may appear by telephone.
Debtor(s):
Michael Richard Shapiro Represented By Charles Shamash Joseph E. Caceres
Defendant(s):
Michael Richard Shapiro Represented By Terran T Steinhart
2:30 PM
Movant(s):
Michael Richard Shapiro Represented By Terran T Steinhart
Plaintiff(s):
Harvey Vechery Represented By Tom Lallas Mark D Hurwitz
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Docket 315
No tentative ruling in light of the apparent insufficiency of estate funds to pay the interim applications of the estate professionals in full at this time.
Appearances are required on 7/30/19 to discuss the appropriate allocation of estate funds to pay interim fee applications, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith Riley C Walter
2:30 PM
Docket 316
No tentative ruling in light of the apparent insufficiency of estate funds to pay the interim applications of the estate professionals in full at this time.
Appearances are required on 7/30/19 to discuss the appropriate allocation of estate funds to pay interim fee applications, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith Riley C Walter
2:30 PM
Docket 317
No tentative ruling in light of the apparent insufficiency of estate funds to pay the interim applications of the estate professionals in full at this time.
Appearances are required on 7/30/19 to discuss the appropriate allocation of estate funds to pay interim fee applications, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith Riley C Walter
2:30 PM
Docket 95
No tentative ruling as of 7/29/19. Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
2:30 PM
Adv#: 2:19-01148 BARAKA HOLDINGS, LLC v. Arixa Fund III, L.P. et al
Docket 9
Off calendar. Adversary proceeding deemed dismissed by order filed and entered on 6/24/19. No appearances are required on 7/30/19.
Debtor(s):
BARAKA HOLDINGS, LLC Represented By
Edmond Richard McGuire Douglas A Crowder
Defendant(s):
Jan Brzeski Represented By
Marc Weitz
Robert K. Barth Represented By Marc Weitz
Greg Hebner Represented By
Marc Weitz
Arixa Fund III, L.P. Represented By Marc Weitz
CROSSWIND VENTURE, L.P. Represented By
Marc Weitz
Plaintiff(s):
BARAKA HOLDINGS, LLC Represented By
2:30 PM
Trustee(s):
Douglas A Crowder
John J Menchaca (TR) Represented By Robert P Goe
2:30 PM
Adv#: 2:19-01148 BARAKA HOLDINGS, LLC v. Arixa Fund III, L.P. et al
Docket 10
Off calendar. Motion resolved by notice of withdrawal of lis pendens filed and entered on 7/8/19. No appearances are required on 7/30/19.
Debtor(s):
BARAKA HOLDINGS, LLC Represented By
Edmond Richard McGuire Douglas A Crowder
Defendant(s):
Arixa Fund III, L.P. Represented By Marc Weitz
CROSSWIND VENTURE, L.P. Represented By
Marc Weitz
Jan Brzeski Represented By
Marc Weitz
Robert K. Barth Represented By Marc Weitz
Greg Hebner Represented By
Marc Weitz
Plaintiff(s):
BARAKA HOLDINGS, LLC Represented By Douglas A Crowder
2:30 PM
Trustee(s):
John J Menchaca (TR) Represented By Robert P Goe
2:30 PM
Adv#: 2:19-01163 Starbucks Corporation v. Lee
Docket 9
Grant defendant's motion to dismiss for failure to state a claim upon which relief can be granted because the complaint does not put defendant on notice of what specifically he did or did not do in disclosing his income, assets or financial condition, and thus, the complaint does not state a plausible claim for relief. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). However, since this is the first complaint, the court will grant the motion to dismiss, but with leave to amend at least this one time for plaintiff to assert a plausible claim.
Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
MINSEOK LEE Represented By Jaenam J Coe
Defendant(s):
Minseok Lee Represented By
Jaenam J Coe
Plaintiff(s):
Starbucks Corporation Represented By Shayne Figgins Maria Keller
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
U.S.C. §707(a), with a one year refiling bar
Docket 19
Grant motion of United States Trustee to dismiss for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
Keith Williams Represented By Khachik Akhkashian
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
Docket 26
Grant motion of trustee to authorize him to prepare list of creditors, schedules and statement of financial affairs and to extend time to file complaint objecting to discharge for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
Serapio Venegas Pro Se
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
2:30 PM
Docket 6
Off calendar. Application approved by order entered on 7/15/19. No appearances are required on 7/30/19.
Debtor(s):
Jennifer Lynn Smith Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:30 PM
Docket 5
Off calendar. Application approved by order entered on 7/15/19. No appearances are required on 7/30/19.
Debtor(s):
Natividad Cortez Represented By
Lauren Ross (Pro Bono)
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
Docket 6
Off calendar. Application denied , but fee installments authorized, by order entered on 7/15/19. No appearances are required on 7/30/19.
Debtor(s):
Martha Paola Valencia Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:30 PM
fr. 7/16/19
Docket 34
Revised tentative ruling as of 7/29/19 at 4:00 p.m. Deny trustee's motion to approve compromise with debtors' insider because the motion is a private sale of estate property to debtors' insider without an overbidding opportunity to other parties and is not fair, equitable and reasonable to the creditors of the estate in light of the unusual circumstances of this case in that the objecting creditors hold over 99% of the timely unsecured claims in these cases. The proposed settlement caps any recovery by these creditors to their detriment since they think they can do better in pending litigation against debtors and their insiders. Although trustee in her reply says that she is "skeptical" about the value of the claims of the objecting creditors, her skepticism is irrelevant under FRBP 3001(f) because the unobjected to claims are deemed prima facie correct and allowable. Under In re A&C Properties, 784 F.2d 1377, 1382 (9th Cir. 1986), the court is supposed to consider the paramount interest of the creditors and a proper deference to their reasonable views in the premises, and here, the objecting creditors holding 99% of the claims filed in these cases oppose the settlement. It seems to the court that a fair, equitable and reasonable settlement under FRBP 9019 here would be to consider an alternative proposal that the objecting creditors offer to pay the administrative expenses of the estate, plus the timely filed claims of the Franchise Tax Board, for the assets, and let the creditors pursue their nonbankruptcy remedies against debtors and their insiders, and whether they recover anything would be left for a nonbankruptcy forum while in the meantime, the cases will have been completely administered with the payment of all administrative expenses and timely filed claims. Such alternative proposal will need to be subject to a new FRBP 9019 motion with notice to all creditors and interested parties. The court does not defer to the business judgment of trustee here because the proposal is not fair, equitable and reasonable for the primary creditors of the estates by capping their potential recovery where they
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think their chances of a greater recovery are better outside bankruptcy with no prejudice to the estate or other creditors since alternatively, the administrative expense and timely filed claims would be paid. Appearances are required on 7/30/19, but counsel may appear by telephone.
No tentative ruling as of 7/15/19. Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Peter Spennato DDS, Inc. Represented By David B Golubchik
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
2:30 PM
Docket 29
Revised tentative ruling as of 7/29/19 at 3:00 p.m. Deny creditors' motion to compel trustee to abandon property because the undisputed evidence shows that the subject property, the estate's fraudulent transfer claims, are not burdensome or of inconsequential value and benefit to the estate because creditors are willing to pay at least $33,200 and debtors' insider is willing to pay $150,000 for the assets as shown by his settlement offer for these assets. 11 U.S.C. 554(b); FRCP 6007(b); In re Hyman, 123 B.R. 342, 347
(9th Cir. BAP 1991). Appearances are required on 7/30/19, but counsel may appear by telephone.
No tentative ruling as of 7/15/19. Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Peter Spennato DDS, Inc. Represented By David B Golubchik
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
2:30 PM
fr. 7/16/19
Docket 36
Updated tentative ruling as of 7/29/19 at 3:00 p.m. Grant in part and deny in part trustee's motion to allow transcript of FRBP 2004 examination of debtor to be used at the hearing on trustee's motion to approve compromise in that the transcript may be used as evidence in support of the motion, but technically speaking, the transcript of the FRBP 2004 examination is not a transcript of a deposition for purposes of FRCP 30(b)(6) and 32(a)(3) and that the trustee is not an adverse party of the debtor whose "deposition" is being used here. Appearances are required on 7/30/19, but counsel may appear by telephone.
Prior tentative ruling. Deny trustee's motion for admission of excerpts of Federal Rule of Bankruptcy Procedure 2004 examination of Peter Spennato without prejudice because the motion is premature in that it does not identify the hearing or trial for which the excerpts are to be used and the adverse party against whom the excerpts are being offered against. The motion is also defective because the citation in the motion to the rule relied upon by trustee as "Federal Rule 32(a)(3)" is incomplete, although the court construes the motion as being one pursuant to Federal Rule of Civil Procedure 32(a)(3). Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Peter Spennato DDS, Inc. Represented By David B Golubchik
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr
2:30 PM
Christian T Kim
11:00 AM
Docket 2100
Off calendar. Continued by stipulation and order to 9/18/19 at 11:00 a.m. No appearances are required on 7/31/19.
Debtor(s):
Crystal Cathedral Ministries Represented By Marc J Winthrop Kavita Gupta
G Emmett Raitt Nanette D Sanders Jeannie Kim Douglas L Mahaffey
11:00 AM
Docket 1
Updated tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/31/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Debtor(s):
Francisco O Lopez Represented By Nam H. Le
11:00 AM
Docket 60
Off calendar. Motion resolved by stipulation and order. No appearances are required on 7/31/19.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
11:00 AM
Docket 1
Updated tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/31/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/18/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits.
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Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
11:00 AM
Docket 72
Updated tentative ruling as of 7/29/19. Deny confirmation of plan because contrary to debtor's assertion that impaired Class 3 claims (general unsecured claims) voted to "accept" the plan, such assertion is not true because while the numerosity test was met for Class 3 claims in that 83.3% of the number of claims voted to accept the plan which met the more than one- half in number requirement of 11 U.S.C. 1126(c), the dollar amount test was not met in that there was only 57.82% of the dollar amount of Class 3 claims voted to accept the plan while more than two-thirds (66.7%) of the dollar amount is required to accept the plan under 11 U.S.C. 1126(c), thus, there is no impaired class of claims accepting the plan here to allow confirmation under 11 U.S.C. 1129(a)(10). Appearances are required on 7/31/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/30/19. Appearances are required on 5/1/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. The court has concerns regarding the adequacy of the information in the disclosure statement regarding bargain sales of debtor's accounts receivable and vehicle to its insider. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. Appearances are required on 4/10/19, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
11:00 AM
Docket 1
Updated tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/31/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/30/19. No tentative ruling on the merits. Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:30 AM
Docket 258
Deny motion of United States Trustee to dismiss case for the reasons stated in the opposition of debtor on condition that debtor promptly file and serve a motion for final decree with supporting declarations demonstrating that all plan payments and other required payments have been made. Appearances are required on 7/31/19, but counsel may appear by telephone.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
11:30 AM
Docket 8
No tentative ruling as of 7/29/19. Appearances are required on 7/31/19.
Debtor(s):
Tres Forte, Inc Pro Se
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:30 PM
fr. 4/17/19, 5/1/19, 5/8/19, 6/26/19
Docket 115
Updated tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/31/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19.
Prfior tentative ruling. Treat the motion objecting to claim as a contested matter under FRBP 9014 and set a schedule of pretrial proceedings, including discovery, since there are disputed issues of material fact. Parties should confer regarding an appropriate schedule if they can. Appearances are required on 5/8/19, but counsel may appear by telephone.
Creditor may be entitled to its claim for attorneys' fees under 11 U.S.C. 506(b) pursuant to contract based on its loan agreement secured by deed of trust, which were upheld as valid in the state court litigation. The four elements for a claim under 11 U.S.C. 506(b) are: (1) its claim is an allowed secured claim;
it is an oversecured creditor; (3) the fees it asserts are reasonable; and (4) the fees it asserts are provided for under an agreement under which such claim arose, or the fees are provided for under a state statute under which the creditor's claim arose. In re Astle, 364 B.R. 735, 741 (Bankr. D. Idaho 2007). The claim is an allowed secured claim based on the state court judgment, though the judgment is on appeal. The creditor is an oversecured creditor, which is not in dispute. The reasonableness of the fees it asserts is in material dispute. Creditor has only submitted redacted versions of its counsel's fee statements, which do not provide sufficient information for the court to review for reasonableness. Creditor must file unredacted versions, or submit unredacted versions in camera with a privilege log if creditor claims that the reacted matter is privileged. Debtor as the objecting party must carry
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its burden of explaining what in the fee statements are unreasonable or at least what would be reasonable under the circumstances. In re Koncicky, 2007 WL 7540997 (9th Cir. BAP 2007)(unpublished memorandum opinion) (citation omitted). Debtor has the responsibility to challenge the information and provide evidence controverting that produced by creditor. Id. Debtor has not met this burden. The fees that creditor asserts are provided by the loan agreement between it and its borrower providing for reasonable attorneys' fees if it incurs or pays to maintain, protect or enforce its rights under the loan agreement as secured by the deed of trust. Exhibits A and C to Favela Declaration. Case law in California allows such fees to be added to the balance under the promissory note secured by trust deed. Chacker v.
JPMorgan Chase Bank, N.A., 27 Cal.App.5th 351, 356-358 (2018). However, there is no separate award of attorneys' fees authorized by statute, such as California Civil Code 1717 because debtor is not a signatory to the contract in the loan agreement and creditor has not otherwise shown that it would have been liable for the fees of the opposing party if the opposing party had prevailed. Asphalt Professionals, Inc. v. Davis (In re Davis), 595 B.R. 818, 837 (Bankr. C.D. Cal. 2019), citing, Dell Merk, Inc. v. Franzia, 132 Cal.App.4th 443, 441 (2005). Thus, creditor will need to submit fully unredacted copies of its fee statements to the court, and debtor will need to explain what in the fee statements are unreasonable and/or produce evidence showing that the fees are unreasonable.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
Movant(s):
Raeisi Group, Inc Represented By Christopher P Walker
10:30 AM
Docket 127
Sustain debtor's objection to appraisal report of movant's appraiser, Eric Burroughs, for the reasons stated in the objection and for lack of compliance with 28 U.S.C. 1746(2) and Local Bankruptcy Rule 5005-4 and Court Manual Section 3.4(b) because signature is not under declaration of penalty of perjury and does not conform to requirements of handwritten signature of the non- CM/ECF user witness. Because the appraisal report is not admissible, deny motion for stay relief without prejudice for lack of competent, admissible evidence of valuation to meet movant's burden of proving the lack of equity under 11 U.S.C. 362(d)(1) and (2) and (g)(1). In the reply, movant raises a new argument that the subject property is not property of the estate, which is in violation of Local Bankruptcy Rule 9013-1(g)(4) that "[n]ew arguments or matters raised for the first time in reply documents will not be considered." Movant may reassert this new argument in a new motion since denial of the motion will be without prejudice. Appearances are required on 8/13/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
10:30 AM
(U.S. Bank National Association VS Debtor)
Docket 32
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Christina Marie Vigil Represented By Derik N Lewis
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 19
No tentative ruling in light of debtors' opposition to the motion filed on 8/5/19. Appearances are required on 8/13/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Lawrence Edward Haynes Pro Se
Joint Debtor(s):
Kimberly Bertina Haynes Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
Docket 17
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny relief from stay pursuant to 11 U.S.C.
362(d)(2) because the moving papers on their face show that debtor has equity in the collateral. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Christopher A. Castanon Represented By Steven B Lever
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Sara D Jesus Pozo Torrejon Represented By Francis Guilardi
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Docket 419
No tentative ruling as of 8/12/19. Appearances are required on 8/13/19.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
11:00 AM
Adv#: 2:16-01037 Avery v. Gonzalez
Motion to amend findings of fact and conclusions of law in the revocation of discharge decision pursuant to bankruptcy rule 7052
Docket 159
No tentative ruling as of 8/12/19. Appearances are required on 8/13/19.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Arturo Gonzalez Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
1:30 PM
Adv#: 2:19-01205 Evans et al v. Tippie et al
Docket 1
Off calendar. The court on its own motion has issued an order continuing the status conference in this adversary proceeding to 9/10/19 at 2:30 p.m. pending resolution of Plaintiff's motion to recuse the assigned judge. No appearances are required on 8/13/19.
Debtor(s):
C & M Russell, LLC Represented By Alan G Tippie Elizabeth Jiang
Defendant(s):
Alan G. Tippie Represented By
David J Richardson
SulmeyerKupetz, APC Represented By
David J Richardson
Plaintiff(s):
Mattie Belinda Evans Pro Se
C & M Russell, LLC Pro Se
1:30 PM
Adv#: 2:18-01252 FCP Brands, Inc. et al v. Choi
fr. 10/9/18
Docket 1
Off calendar. Matter resolved by stipulation and judgment thereon entered on 6/19/19. No appearances are necessary.
Debtor(s):
Johnny Chun Choi Represented By
Desiree Meguerditchian
Defendant(s):
Johnny Chun Choi Pro Se
Joint Debtor(s):
Tae Yi Choi Represented By
Desiree Meguerditchian
Plaintiff(s):
FCP Brands, Inc. Represented By Roger F Friedman
MJCK Corporation Represented By Roger F Friedman
Michael Chang Represented By Roger F Friedman
1:30 PM
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Adv#: 2:18-01327 Walden et al v. Fernandez
fr. 1/8/19, 3/12/19
Docket 1
Updated tentative ruling as of 8/12/19. Appearances are required on 8/13/19, and parties to address the status of mediation, their failure to conduct a meeting of counsel pursuant to LBR 7026-1, the status of discovery and scheduling of further proceedings.
Prior tentative ruling as of 3/11/19. The court has reviewed the joint status report. Set a discovery cutoff date of 7/1/19 and a post-discovery status conference on 7/30/19 at 1:30 p.m. with a joint status report due on 7/23/19. Appearances are required on 3/12/19 to discuss the failure of counsel to have the early meeting of counsel under LBR 7026-1 and whether the matter should be referred to mediation, but counsel may appear by telephone.
Prior tentative ruling. The court notes that the parties failed to file a joint status report as required by Local Bankruptcy Rule 7016-1 and the court's order setting initial status conference in adversary proceeding filed and entered on 10/23/18, and such failure may subject the parties to monetary sanctions of $100 each. The parties have not indicated to the court that they have met and conferred as required by Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1. Appearances are required on 1/8/19.
Debtor(s):
Martha Alicia Fernandez Represented By Gary S Saunders
1:30 PM
Defendant(s):
Martha Alicia Fernandez Pro Se
Plaintiff(s):
Yvette Walden Pro Se
Guadalupe L Cruz Pro Se
Jose L Cruz Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Adv#: 2:18-01440 Gonzalez et al v. Sanchez
Docket 1
Off calendar. Matter resolved by stipulation and judgment thereon entered on 8/2/19. No appearances are necessary.
Debtor(s):
Daniel Sanchez Represented By James C Shields
Defendant(s):
Daniel Sanchez Pro Se
Plaintiff(s):
Gustavo Gonzalez Represented By Luis A Solorzano
Giovanni Orantes
Rafael Gonzalez Represented By Luis A Solorzano
Giovanni Orantes
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:19-01102 Sunderland et al v. Okland
U.S.C. §§727(a)(2)-(5)] fr. 6/11/19
Docket 1
Updated tentative ruling as of 8/12/19. Off calendar. Continued by stipulation and order to 10/8/19 at 1:30 p.m. No appearances are required on 8/13/19.
Prior tentative ruling. The court has reviewed plaintiffs' unilateral status report and notes that plaintiffs resubmitted a request for entry of default on 6/7/19.
The court on its own motion continues the status conference to 8/13/19 at 1:30 p.m. in order for plaintiffs' request for entry of default be considered by the court and for plaintiffs to prepare and file a motion for entry of default judgment. No appearances are required on 6/11/19.
Debtor(s):
Dean Henrik Okland Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Defendant(s):
Dean Henrik Okland Represented By
Roksana D. Moradi-Brovia
Plaintiff(s):
Jennifer Sunderland Represented By Kimberly Wright
James Farrow Represented By
1:30 PM
Kimberly Wright
1:30 PM
Adv#: 2:19-01163 Starbucks Corporation v. Lee
Docket 1
Off calendar. Continued to 10/1/19 at 1:30 p.m. by order entered on 8/1/19. No appearances are required on 8/13/19.
Debtor(s):
MINSEOK LEE Represented By Jaenam J Coe
Defendant(s):
Minseok Lee Pro Se
Plaintiff(s):
Starbucks Corporation Represented By Shayne Figgins Maria Keller
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:19-01202 Avery v. Casares
Docket 0
No tentative ruling as of 8/12/19. The court will discuss with the parties the propriety of removing the probate proceedings from state court because it appears that this was contrary to the probate exception to federal jurisdiction as indicated by the Supreme Court in Marshall v. Marshall, 547 U.S. 293 (2006). Appearances are required on 8/13/19.
Debtor(s):
Briena Sheree Casares Pro Se
Defendant(s):
Briena Sheree Casares Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Toan B Chung
Trustee(s):
Wesley H Avery (TR) Represented By Toan B Chung
1:30 PM
Docket 18
The court is not inclined to approve the application to employ the real estate broker because there is no evidence that title to the subject real property has been established in Debtor through the probate proceedings since there is no indication that there has been an order for distribution in the probate court distributing the property to Debtor, even though it may be the situation that Debtor has a beneficial interest in the property as an heir. Appearances are required on 8/13/19.
Debtor(s):
Briena Sheree Casares Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Toan B Chung
1:30 PM
Docket 1
The date of service on the proof of service of the involuntary petition is blank and not under declaration of penalty of perjury, and a corrected proof of service needs to be filed. Assuming the date of service is 7/24/19, the response deadline of 8/19/19 has not yet passed. Appearances are required on 8/13/19, but counsel may appear by telephone.
Debtor(s):
Real Estate Law Center, P. C. Pro Se
2:00 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 10/23/18, 1/8/19, 4/9/19, 6/11/19
Docket 1
Updated tentative ruling as of 8/12/19. Off calendar. Continued by stipulation and order to 10/15/19 at 2:00 p.m. No appearances are required on 8/13/19.
Prior tentative ruling as of 5/25/18. The court has reviewed the joint status report. Set a discovery cutoff date of 8/30/18, a pretrial conference for 10/23/18 at 2:00 p.m. and a deadline for filing a joint pretrial stipulation on 10/16/18. In the joint pretrial stipulation, the parties will need to address handling a bifurcated trial between claims to be tried before a jury in the district court and claims to be tried by the court in this court. Once the court approves the joint pretrial stipulation, the court will set a date for the court trial of the claims to be tried by this court and will make a referral of the jury triable claims to the district court. Appearances are required on 5/29/18 to discuss scheduling of further proceedings.
Prior tentative ruling as of 2/5/18. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 2/6/18 to discuss scheduling of further proceedings, including timing of amendment of pleadings, the proposed extended discovery cutoff date and the setting of a pretrial conference, but counsel may appear by telephone. Defendants have demanded a jury trial, but the court will defer referral of the jury triable claims to the district court for jury trial until the pretrial conference which this court will conduct (unless defendant successfully moves the district court to withdraw the reference). Plaintiff's potential postpetition transfer claims are
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core claims within this court's jurisdiction and do not appear to be jury triable.
Prior tentative ruling as of 11/6/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 11/7/17 to discuss scheduling of further proceedings, including mediation completion, extended discovery cutoff date and trial, but counsel may appear by telephone.
Prior tentative ruling as of 8/28/17. The court has reviewed the joint status report. No tentative ruling on the merits, but grant joint request to extend the discovery cutoff date to 9/30/17. Appearances are required on 8/29/17 to discuss scheduling of a pretrial conference and the second mediation, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 5/23/17 to discuss scheduling of further proceedings, including extension of discovery cutoff date to 6/30/17 and setting a date for a pretrial conference, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/17. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 3/21/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling. Set discovery completion date of 12/31/16 and set a post-discovery status conference for 1/17/17 at 1:30 p.m. Order the matter to mediation under the court's mediation program, and parties to file a request for selection of mediator and alternate by 9/30/16 and to complete mediation by 1/17/17. Appearances are required on 5/3/16, but counsel may appear by telephone. Plaintiff is ordered to submit a proposed scheduling order setting forth the court's rulings within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes
2:00 PM
Michael Jay Berger
Defendant(s):
Premier Rehabilitation Services, a Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Docket 57
No tentative ruling as of 8/12/19. Appearances are required on 8/13/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Joseph West Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:30 PM
Misc#: 2:19-00103 Morabito et al
Docket 15
Grant in part and deny in part motion of Herbst Parties to compel compliance with subpoena to Bob Burke & Co., Ltd., granting request for an order requiring subpoenaed party to respond to the document requests and appear before counsel for Herbst Parties to produce the records as demanded in the subpoena, to produce a privilege log to the extent that documents are claimed as privileged and to submit to the court in camera any and all documents claimed to be privileged with 14 days of entry of an order granting the motion. Deny without prejudice request for finding that subpoenaed party's response or lack of response to subpoena was in bad faith or for finding that subpoenaed party be held in contempt for failure to comply with the subpoena because Herbst Parties did not follow the court's rules and procedures for contempt proceedings under Local Bankruptcy Rule 9020-1 and because this is a nonparty subpoena, the court must first issue an order compelling compliance with the subpoena and the subpoenaed party must fail to comply with that order before contempt sanctions may be imposed. In re Plise, 506 B.R. 870, 879 (9th Cir. BAP 2014)("in cases of nonparty subpoenas under Civil Rule 45, the court must issue an order compelling compliance with the subpoena, and the nonparty must fail to comply with the order before any contempt sanctions can be awarded."). Appearances are required on 8/13/19, but counsel may appear by telephone.
Plaintiff(s):
JH, Inc Represented By
Michael A Wallin
Jerry Herbst Represented By
Michael A Wallin
2:30 PM
Adv#: 2:19-01205 Evans et al v. Tippie et al
Docket 6
Off calendar. The court on its own motion has issued an order continuing the hearing on the motion to 9/10/19 at 2:30 p.m. pending resolution of Plaintiff's motion to recuse the assigned judge. No appearances are required on 8/13/19.
Debtor(s):
C & M Russell, LLC Represented By Alan G Tippie Elizabeth Jiang
Defendant(s):
Alan G. Tippie Represented By
David J Richardson
SulmeyerKupetz, APC Represented By
David J Richardson
Plaintiff(s):
Mattie Belinda Evans Pro Se
C & M Russell, LLC Pro Se
2:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Docket 612
- NONE LISTED -
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye Alan I Nahmias
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli Ashley M McDow Ronald Rus
2:30 PM
Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Michael D. Smith Represented By Brian L Davidoff
Kamran Gharibian Represented By Brian L Davidoff
Daryoush Dayan Represented By Brian L Davidoff
Cathay Bank, a California Represented By Reed S Waddell Hal D Goldflam
Jennifer Kellen Represented By
Michael D Sobkowiak
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye David J Richardson Jason Balitzer
2:30 PM
Docket 419
The hearing on the motion is advanced to the 11:00 a.m. calendar. No
appearances are required on the 2:30 p.m. calendar.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
2:30 PM
Adv#: 2:16-01037 Avery v. Gonzalez
Motion to amend findings of fact and conclusions of law in the revocation of discharge decision pursuant to bankruptcy rule 7052
Docket 159
The hearing on the motion is advanced to the 11:00 a.m. calendar. No
appearances are required on the 2:30 p.m. calendar.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Arturo Gonzalez Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
2:30 PM
Docket 123
Off calendar. Continued to 8/27/19 at 2:30 p.m. pursuant to the court's order entered on 8/7/19. No appearances are required on 8/13/19.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
Adv#: 2:19-01032 Tilem v. Kudrave
Request for monetary relief fr. 6/11/19
Docket 11
Off calendar. Hearing vacated pursuant to order entered on 6/19/19. No appearances are necessary.
Debtor(s):
Peter G. Kudrave Pro Se
Defendant(s):
Peter G. Kudrave Pro Se
Plaintiff(s):
David A Tilem Represented By David A Tilem
2:30 PM
Docket 33
Revised tentative ruling as of 8/12/19. Off calendar. Continued by stipulation and order to 10/1/19 at 2:30 p.m. No appearances are required on 8/13/19.
Prior tentative ruling. Treat motion to convert as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings, including discovery. Appearances are required on 8/13/19, but counsel may appear by telephone.
Debtor(s):
Javier Garcia Represented By
Sam Benevento
Joint Debtor(s):
Deanna Garcia Represented By Sam Benevento
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Docket 16
Off calendar. Continued by stipulation and order to 9/10/19 at 2:30 p.m. No appearances are required on 8/13/19.
Debtor(s):
Armando C De La Peza Represented By James R Selth
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Docket 10
Grant trustee's motion to dismiss for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 8/13/19, but counsel may appear by telephone.
Debtor(s):
Charmaine B. Durano Represented By Julie J Villalobos
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
Docket 5
Off calendar. The court has ruled upon the application and vacated the hearing. No appearances are necessary.
Debtor(s):
Angie Elias Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
2:30 PM
Docket 6
Off calendar. The court has ruled upon the application and vacated the hearing. No appearances are necessary.
Debtor(s):
Elizabeth Jackson Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 2103
Off calendar. Motion denied as moot pursuant to order filed and entered on 7/17/19. No appearances are required on 8/14/19.
Debtor(s):
Crystal Cathedral Ministries Represented By Marc J Winthrop Kavita Gupta
G Emmett Raitt Nanette D Sanders Jeannie Kim Douglas L Mahaffey Roger F Friedman
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fr. 4/17/19, 4/23/19, 6/12/19
Docket 656
Updated tentative ruling as of 8/13/19. According to debtor, the matter should be taken off calendar since the escrow for the sale of the property has closed. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/11/19. The court has reviewed debtor's status report on various matters. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. Appearances are required on 4/10/19, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
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fr. 4/17/19, 4/23/19, 6/12/19
Docket 390
Updated tentative ruling as of 8/13/19. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. In the papers filed by debtor and creditor Cindy Magleby in response to the court's order to show cause re: dismissal or conversion, although these parties did not agree on whether the case should be dismissed, they both indicated a willingness to have the family law court
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adjudicate the merits of Mrs. Magleby's claims as well as other family law issues with possible availability for trial in June 2019. There is also a possibility of further settlement efforts in the family law court as indicated by counsel for Mrs. Magleby as reflected in the transcript of hearing before that court in December 2019. The court encourages the parties to pursue their settlement discussions with the family law court and is amenable to having the family law court adjudicate the merits of Mrs. Magleby's claims if this is supported by the parties and the availability of that court to try these matters expeditiously. In that regard, the court would consider a proposed stipulated order clarifying stay relief to allow the family law court to try the claims and issues agreed upon by the parties, including the claims being objected to in this contested matter. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
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Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems
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to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 174
Updated tentative ruling as of 8/13/19. According to debtor, the hearing on the disclosure statement should be continued for him to make revisions. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits.
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Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and
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the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of
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further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
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Adv#: 2:16-01259 Magleby v. Magleby
fr. 4/17/19, 4/23/19, 6/12/19
Docket 1
Updated tentative ruling as of 8/13/19. According to debtor, the status conference should be continued in light of the trial in the marital dissolution action scheduled in December 2019. No tentative ruling on the merits.
Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. If debtor's motion to sell real property is granted, the court should probably set a final hearing on turnover to address issues relating to the sale unless the parties agreeing to conditions of turnover post-sale. Appearances are
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required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone. Prior tentative ruling as of 3/19/18. No tentative ruling on the merits.
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Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By
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Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
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fr. 12/11/18, 2/26/19, 4/30/19
Docket 617
Updated tentative ruling as of 8/13/19. Off calendar. Application resolved by order filed and entered on 7/30/19. No appearances are required on 8/14/19.
Prior tentative ruling as of 4/29/19. No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/26/19 to discuss status of matter, including mediation proceedings, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. Appearances are required on 12/11/18 to discuss scheduling and the parties' discovery and other pretrial needs, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
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Docket 1
Updated tentative ruling as of 8/13/19. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/16/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling will be issued for the evidentiary hearing on plan confirmation. Appearances are required on 5/31/18.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
11:00 AM
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
11:00 AM
Docket 332
Updated tentative ruling as of 8/13/19. Grant debtor's motion to confirm its second amended Chapter 11 plan for the reasons stated in the moving papers and for lack of timely written opposition. Debtor to submit a proposed order granting the motion, but containing the mandatory language of LBR 3020-1(b). Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits, though it appears that there is no written opposition to the disclosure statement.
Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
No updated tentative ruling as of 9/18/18. Appearances are required on 9/19/18, but counsel may appear by telephone.
No tentative ruling as of 7/16/18. Appearances are required on 7/18/18, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 8/13/19. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/7/18. No tentative ruling on the merits. Appearances are required on 11/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/16/18. No tentative ruling on the merits. Appearances are required on 2/21/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 1/12/18. No tentative ruling on the merits. Appearances are required on 1/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/10/17. No tentative ruling on the merits. Appearances are required on 10/11/17, but counsel may appear by telephone.
Revised tentative ruling as of 7/25/17. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits, but the court notes that the cash flow projection described as Exhibit A was not attached to the status report. Appearances are required on 4/19/17 to discuss setting of claims bar date and further proceedings, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
fr. 7/17/19
Docket 194
Approve final fee application of general bankruptcy counsel for debtors in possession for reasons stated in the fee application as supplemented on 7/17/19 and for lack of timely written objection. Appearances are optional on 8/14/19, but counsel and appllcant may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Off calendar. The court on its own application by prior order continues the hearing on the motion to 8/14/19 at 11:00 a.m. No appearances are required on 7/17/19.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
Docket 196
Updated tentative ruling as of 8/13/19. Grant debtors' motion for final decree and to close case for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling. The court on its own motion by prior order continues the hearing on the motion to 8/14/19 at 11:00 a.m. No appearances are required on 7/17/19.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
Docket 135
Updated tentative ruling as of 8/13/19. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Updated tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19 to discuss the status of the settlement conference with Judge Zive, debtors and creditor Oggi's, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of disclosure statement because: (1) insufficient legal justification for separately classifying business and "consumer" unsecured claims; (2) insufficient justification for property valuations set forth in liquidation analysis; (3) insufficient justification for 30% capital gains tax burden in liquidation analysis. Appearances are required on 11/7/18, but counsel may appear by telephone.
Debtor(s):
Paul Bodeau Represented By
Lane K Bogard David R Haberbush
Vanessa M Haberbush Louis H Altman
11:00 AM
Joint Debtor(s):
Sandra Bodeau Represented By Lane K Bogard
David R Haberbush Vanessa M Haberbush Louis H Altman
11:00 AM
Docket 1
Updated tentative ruling as of 8/13/19. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report proposing a claims bar date of 1/24/18 with notice being served by 11/8/17 and a disclosure statement filing deadline of 2/28/18. These dates are satisfactory, and debtor should submit a proposed scheduling order. Appearances are
11:00 AM
required on 11/1/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 192
Off calendar. Motion resolved by stipulation and order. No appearances are required on 8/14/19.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Docket 82
Updated tentative ruling as of 8/12/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Appearances are required on 4/17/19, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:00 AM
Docket 148
Approve interim fee application of general bankruptcy counsel for debtor in possession for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 8/14/19, but counsel and appllcant may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
11:00 AM
Docket 151
Approve interim fee application of accountant for debtor in possession for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 8/14/19, but counsel and appllcant may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
11:00 AM
fr. 5/7/19, 6/13/19, 7/17/19
Docket 142
Updated tentative ruling as of 8/12/19. The stay relief motion appears to be moot due to the dismissal of the bankruptcy case since the stay is terminated pursuant to 11 U.S.C. 362(c)(2)(B). Appearances are optional on 8/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/3/19. No tentative ruling will be issued for trial. Appearances are required on 6/13/19.
Prior tentative ruling. The court was inclined to deny the stay relief motion at this time because of the limited and summary nature of a stay relief proceeding to determine whether movant as a creditor should be release from the stay to argue the merits of his claim in a separate proceeding. In re Griffin, 719 F.3d 1126, 1128 (9th Cir. 2013). Granting stay relief will require a determination of issues relating to the merits of movant's claim, such as whether the subject property is community property or not, whether there are reasonable prospects of reorganization and whether debtor filed the bankruptcy case in good faith, which are issues that will be determined in other proceedings pending before the court, that is, on movant's motion to dismiss and motion to appoint a Chapter 11 trustee, and debtor's motion to avoid movant's judgment lien. Appearances are required on 5/7/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By
11:00 AM
Movant(s):
Raymond H. Aver
Joe Klein Represented By
Niv V Davidovich
Joe Klein Represented By
Niv V Davidovich
11:00 AM
Docket 1
Updated tentative ruling as of 8/13/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Debtor(s):
Roger Timothy Ruiz Represented By Marcus G Tiggs
11:30 AM
Adv#: 2:19-01008 Magleby v. Levine et al
fr. 7/2/19
Docket 16
Updated tentative ruling as of 8/13/19. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling. The court issued a written order granting the motion in part and continuing the hearing on the remaining issue raised by the motion and the status conference to 8/14/19 at 11:30 a.m. No appearances are required on 7/2/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
Defendant(s):
Marci R. Levine Represented By
Anthony J Rothman Esq
April M. Zonnis Represented By
Anthony J Rothman Esq
Summers, Levine & Kretzmer, LLP Represented By
Anthony J Rothman Esq
Cindy S. Magleby Represented By
Anthony J Rothman Esq
11:30 AM
Plaintiff(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:30 AM
Adv#: 2:19-01008 Magleby v. Levine et al
fr. 5/14/19, 6/25/19, 7/2/19
Docket 1
Updated tentative ruling as of 8/13/19. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/1/19. Off calendar. The court issued a written order granting the motion in part and continuing the hearing on the remaining issue raised by the motion and the status conference to 8/14/19 at 11:30 a.m. No appearances are required on 7/2/19.
Prior tentative ruling as of 6/24/19. Off calendar. The court has reviewed plaintiff's unilateral status report requesting that the status conference be continued to 7/2/19 at 2:30 p.m. to be conducted with the hearing on defendants' motion to dismiss. The court on its own motion continues the status conference to 7/2/19 at 2:30 p.m. Counsel for plaintiff to notify counsel for defendants of the continuance. No appearances are required on 6/25/19.
Prior tentative ruling. Continued by stipulation and order to 5/14/19 at 1:30
p.m. No appearances are required on 3/26/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
Defendant(s):
Marci R. Levine Pro Se
11:30 AM
April M. Zonnis Pro Se
Summers, Levine & Kretzmer, LLP Pro Se Cindy S. Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
fr. 8/13/19
Docket 612
No tentative ruling as of 8/13/19. Appearances are required on 8/14/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye Alan I Nahmias
Defendant(s):
Ace Gallery New York Corporation, Represented By
Alan W Forsley
Douglas Chrismas Represented By Alan W Forsley
Ace Gallery New York, Inc., a Represented By Alan W Forsley
ACE MUSEUM, a California Represented By Alan W Forsley
400 S La Brea, LLC a California Represented By
Michael W Vivoli
1:30 PM
Ashley M McDow Ronald Rus Fahim Farivar Brian L Davidoff
Keith Patrick Banner
Jennifer Kellen Represented By
J. Bennett Friedman
Michael D. Smith Represented By Brian L Davidoff
Kamran Gharibian Represented By Brian L Davidoff
Daryoush Dayan Represented By Brian L Davidoff
Cathay Bank, a California Represented By Reed S Waddell Hal D Goldflam
Jennifer Kellen Represented By
Michael D Sobkowiak
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn Daniel A Lev David J Richardson Asa S Hami
Jessica Vogel
Official Committee Of Unsecured Represented By
David J Richardson Victor A Sahn
Sam Leslie Represented By
Victor A Sahn Carolyn A Dye
1:30 PM
David J Richardson Jason Balitzer
9:00 AM
Adv#: 2:18-01447 Castelan v. Navarrete
fr. 2/19/19
Docket 1
- NONE LISTED -
Updated tentative ruling as of 7/18/19. Off calendar. Stipulated judgment being entered. No appearances are necessary.
Prior tentative ruling.
Set a discovery cutoff date of 7/1/19 and a half-day trial for 8/15/19 at 9:00
a.m. to 12 p.m. (noon). The court waives pretrial conference and the requirement of a joint pretrial stipulation. Plaintiff must file and serve trial declarations for his nonadverse, cooperating witnesses by 7/18/19, and defendant must file and serve trial declarations for his nonadverse, cooperating witnesses by 8/1/19. The parties must serve their trial exhibits on each other by 7/18/19. The trial exhibits must be tagged with official court exhibit tags, and at the start of trial, the parties must provide with the court with the set of original exhibits in a binder with an exhibit register and a set of copies for the presiding judge. Unless cross-examination is waived, the witnesses must be present for examination, and each party in presenting his case must not "run" out of witnesses, or otherwise, he may be deemed to have rested . Appearances are required on 2/19/19 to discuss scheduling and possible mediation, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
9:00 AM
Debtor(s):
Oscar Gomez Navarrete Represented By Brad Weil
Defendant(s):
Oscar Gomez Navarrete Pro Se
Plaintiff(s):
Fernando Castelan Represented By Marcus Gomez
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
Docket 98
Off calendar. Continued to 8/28/19 at 1:30 p.m. by prior order. No appearances are required on 8/20/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
10:30 AM
(ACAR Leasing LTD dba GM Financial Leasing VS Debtor)
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
ROBERT RYAN SCHEFF Represented By Paul C Nguyen
Trustee(s):
John P Pringle (TR) Pro Se
10:30 AM
Docket 24
The hearing on the motion is rescheduled to the 1:30 p.m. calendar to be
heard with other matters in the case. No appearances are required at 10:30 a.m.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
10:30 AM
Docket 25
The hearing on the motion is rescheduled to the 1:30 p.m. calendar to be
heard with other matters in the case. No appearances are required at 10:30 a.m.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
10:30 AM
(American Honda Finance Corporation VS Debtor)
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Evelyn Yadira Salas Represented By Omar Zambrano
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Tracy Marie Wilson Represented By Gregory M Shanfeld
Movant(s):
BMW Bank of North America Represented By Cheryl A Skigin
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
fr. 8/13/19
Docket 419
No tentative ruling as of 8/19/19. Appearances are required on 8/20/19.
No tentative ruling as of 8/12/19. Appearances are required on 8/13/19.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
10:30 AM
Adv#: 2:16-01037 Avery v. Gonzalez
fr. 8/13/19
Docket 159
No tentative ruling as of 8/19/19. Appearances are required on 8/20/19.
No tentative ruling as of 8/12/19. Appearances are required on 8/13/19.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Arturo Gonzalez Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
10:30 AM
fr. 7/16/19
Docket 395
No tentative ruling as of 8/19/19. Appearances are required on 8/20/19.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
10:30 AM
fr. 7/16/19
Docket 408
No tentative ruling as of 8/19/19. Appearances are required on 8/20/19.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
1:30 PM
Adv#: 2:19-01088 7175 WB, LLC v. Levene, Neale, Bender, Yoo & Brill, L.L.P.
U.S.C. § 959(b)
fr. 5/28/19, 7/16/19
Docket 1
Off calendar. The status conference is moot because the adversary proceeding has been dismissed. No appearances are required on 8/20/19.
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
Defendant(s):
Levene, Neale, Bender, Yoo & Brill, Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
1:30 PM
Adv#: 2:18-01209 Voong v. Trinh
Docket 1
Updated tentative ruling as of 8/19/19. Off calendar. Continued by stipulation and order to 10/22/19 at 1:30 p.m. No appearances are required on 8/20/19.
.
Prior tentative ruling as of 6/11/19. Off calendar. Continued by stipulation and order to 8/20/19 at 1:30 p.m. No appearances are required on 6/12/19.
.
Prior tentative ruling as of 4/8/18. No tentative ruling on the merits. Appearances are required on 4/9/18, but counsel may appear by telephone.
Prior revised tentative ruling as of 11/6/18. Off calendar. Continued by stipulation and order to 3/5/19 at 1:30 p.m. No appearances are required on 11/6/18.
Prior tentative ruling as of 11/5/18. The court has reviewed the joint status report. The court tends to agree with plaintiff and defendant Trinh that a determination of whether the estate has an interest in the subject property first would be a more efficient use of litigation resources as that seems to be a straightforward issue. Deciding this issue is a threshold issue for Second Generation’s fraudulent transfer claims, and the parties would not have to litigate these claims if the assets were plaintiff’s separate property.
Appearances are required on 11/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. The court intends to advance the related matters on the court's 2:30 p.m. calendar to be heard with the status
1:30 PM
conference. However, the status conference will be conducted at the end of the 1:30 p.m. for matters in other cases to be called first. Appearances are required on 8/21/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
Defendant(s):
Catherine Trinh Pro Se
Plaintiff(s):
Kevin Voong Represented By
Dawn M Coulson
1:30 PM
fr. 7/16/19
Docket 37
Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. Both parties failed to provide separate tabs for exhibits attached to judge's copies of their papers as required by LBR 5005-2(d).
Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Oscar Gomez Navarrete Represented By Brad Weil
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
Docket 17
No tentative ruling as of 8/19/19. Appearances are required on 8/20/19.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
1:30 PM
Docket 6
Treat as a contested matter under FRBP 9014 and set an evidentiary hearing on the motion. Appearances are required on 8/20/19 to discuss scheduling.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
1:30 PM
Docket 1
Treat as a contested matter under FRBP 9014 and set an evidentiary hearing on the motion. Appearances are required on 8/20/19 to discuss scheduling.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
1:30 PM
Docket 24
Treat as a contested matter under FRBP 9014 and set an evidentiary hearing on the motion. Appearances are required on 8/20/19 to discuss scheduling.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
1:30 PM
Docket 25
Treat as a contested matter under FRBP 9014 and set an evidentiary hearing on the motion. Appearances are required on 8/20/19 to discuss scheduling.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
2:00 PM
Docket 92
Off calendar. Hearing vacated by order entered on 8/6/19. No appearances
are required on 8/20/19.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay Lindsey L Smith Irving M Gross
2:00 PM
Docket 205
Off calendar. The court on its own motion continues the status conference to 8/21/19 at 11:00 a.m. to be heard with other matters in this case. No appearances are required on 8/20/19.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
2:30 PM
Misc#: 2:13-00143 Musico et al
Docket 9
Off calendar. Motion resolved by stipulation and order. No appearances are required on 8/20/19.
Plaintiff(s):
Business to Business Capital Cor Represented By
Ronald P Slates
2:30 PM
Application for fees and expenses
[Edward M. Wolkowitz, Chapter 7 Trustee]
Docket 309
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 8/20/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Cinevision International, Inc. Represented By Alan W Forsley
Trustee(s):
Edward M Wolkowitz (TR) Represented By Bradley J Yourist
2:30 PM
Docket 305
Approve final report and fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection.
Appearances are optional on 8/20/19, but applicant and counsel may appear by telephone. Applicant or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Cinevision International, Inc. Represented By Alan W Forsley
Trustee(s):
Edward M Wolkowitz (TR) Represented By Bradley J Yourist
2:30 PM
Application for fees and expenses [Diane C. Weil, Chapter 7 Trustee] fr. 7/30/19
Docket 185
Updated tentative ruling as of 8/19/19. Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 8/20/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Prior tentative ruling. The court has reviewed the trustee's final report and fee application, and the court is inclined to approve the final report and fee application for the reasons stated therein and for lack of timely written objection. However, because general bankruptcy counsel for trustee has not provided a judge's copy of its fee application as required by LBR 5005-2(d), the court will continue the hearing for submission of the judge's copy of that fee application. Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
MEHRDAD TAHERIPOUR Represented By Alan F Broidy
Trustee(s):
Diane C Weil (TR) Pro Se
2:30 PM
[Danning, Gill, Diamond & Kollitz, LLP, Attorney for Chapter 7 Trustee] fr. 7/30/19
Docket 183
Revised tentative ruling as of 8/19/19. The court has reviewed the final fee application of former general counsel for trustee, and the court is inclined to approve the final fee application for the reasons stated therein and for lack of timely written objection. However, regarding the fact that the signature of the successor trustee on the declaration of non-objection to the application which was to follow was not filed as required by LBR 2016-1(a)(1)(J) and (c), applicant has filed the declaration of Eric Israel regarding the status of applicant's efforts to obtain the successor trustee's signature on the declaration in support of the fee application. No tentative ruling on the merits. Appearances are required on 8/20/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/29/19. Applicant has not provided a judge's copy of the fee application as required by LBR 5005-2(d), and the court will continue the hearing for submission of the judge's copy. Appearances are required on 7/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
MEHRDAD TAHERIPOUR Represented By Alan F Broidy
2:30 PM
Trustee(s):
Diane C Weil (TR) Pro Se
2:30 PM
fr. 7/16/19
Docket 408
Off calendar. Matter advanced to 10:30 a.m. hearing calendar. No appearances are required at 2:30 p.m.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
2:30 PM
fr. 7/16/19
Docket 395
Off calendar. Matter advanced to 10:30 a.m. hearing calendar. No appearances are required at 2:30 p.m.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
2:30 PM
Adv#: 2:19-01008 Magleby v. Levine et al
Docket 26
Updated tentative ruling as of 8/20/19. Off calendar. Motion withdrawn by stipulation and order. No appearances are required on 8/20/19.
Revised tentative ruling as of 8/19/19. Counsel for both parties have informally advised the court that the parties are settling and will be submitting stipulations to resolve their disputes shortly. No tentative ruling on the merits. Appearances are required on 8/20/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
Defendant(s):
Marci R. Levine Represented By
Anthony J Rothman Esq
April M. Zonnis Represented By
Anthony J Rothman Esq
Summers, Levine & Kretzmer, LLP Represented By
Anthony J Rothman Esq
Cindy S. Magleby Represented By
Anthony J Rothman Esq
2:30 PM
Plaintiff(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:30 PM
Docket 723
Approve application to employ special litigation counsel for debtor in possession. Overrule objection of creditor to employment application since employment of special litigation counsel to represent debtor in possession in the marital dissolution case is within reasonable business judgment of debtor in possession.
Appearances are required on 8/20/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:30 PM
Adv#: 2:19-01008 Magleby v. Levine et al
fr. 7/2/19, 8/14/19
Docket 16
Updated tentative ruling as of 8/20/19. Off calendar. The motion to dismiss is moot because the adversary proceeding is being dismissed by stipulation and order. No appearances are required on 8/20/19.
Revised tentative ruling as of 8/19/19. Counsel for both parties have informally advised the court that the parties are settling and will be submitting stipulations to resolve their disputes shortly. No tentative ruling on the merits. Appearances are required on 8/20/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 8/13/19. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling. The court issued a written order granting the motion in part and continuing the hearing on the remaining issue raised by the motion and the status conference to 8/14/19 at 11:30 a.m. No appearances are required on 7/2/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:30 PM
Defendant(s):
Marci R. Levine Represented By
Anthony J Rothman Esq
April M. Zonnis Represented By
Anthony J Rothman Esq
Summers, Levine & Kretzmer, LLP Represented By
Anthony J Rothman Esq
Cindy S. Magleby Represented By
Anthony J Rothman Esq
Plaintiff(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:30 PM
Adv#: 2:19-01008 Magleby v. Levine et al
fr. 6/25/19, 7/2/19, 8/14/19
Docket 1
Updated tentative ruling as of 8/20/19. Off calendar. The st atus conference is moot because the adversary proceeding is being dismissed by stipulation and order. No appearances are required on 8/20/19.
Revised tentative ruling as of 8/19/19. Counsel for both parties have informally advised the court that the parties are settling and will be submitting stipulations to resolve their disputes shortly. No tentative ruling on the merits. Appearances are required on 8/20/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 8/13/19. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/1/19. Off calendar. The court issued a written order granting the motion in part and continuing the hearing on the remaining issue raised by the motion and the status conference to 8/14/19 at 11:30 a.m. No appearances are required on 7/2/19.
Prior tentative ruling as of 6/24/19. Off calendar. The court has reviewed plaintiff's unilateral status report requesting that the status conference be continued to 7/2/19 at 2:30 p.m. to be conducted with the hearing on defendants' motion to dismiss. The court on its own motion continues the status conference to 7/2/19 at 2:30 p.m. Counsel for plaintiff to notify counsel for defendants of the continuance. No appearances are required on 6/25/19.
2:30 PM
Prior tentative ruling. Continued by stipulation and order to 5/14/19 at 1:30
p.m. No appearances are required on 3/26/19.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
Defendant(s):
Marci R. Levine Pro Se
April M. Zonnis Pro Se
Summers, Levine & Kretzmer, LLP Pro Se Cindy S. Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Illyssa I Fogel
2:30 PM
Adv#: 2:18-01432 Swift Financial, LLC v. Gonzalez
Docket 11
Grant in part and deny in part plaintiff's motion to compel discovery responses, and order defendants to serve written responses to the interrogatories and requests for production of documents within 30 days, extending discovery cutoff dates for such responses, deny request to deem requests for admission as admitted since requests for admission are self- executing, deny request to strike an answer and enter default at this time, pending further responses from defendants to respond to discovery requests, and deny request for sanctions in the form of an award of attorneys' fees for lack of proof of reasonableness of requested fees. Appearances are required on 8/20/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Don Gonzalez Pro Se
Defendant(s):
Don Gonzalez Pro Se
Plaintiff(s):
Swift Financial, LLC Represented By Daren M Schlecter
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Docket 323
Off calendar. Continued by stipulation and order to 9/10/19 at 2:30 p.m. by prior order. No appearances are required on 8/20/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith Riley C Walter
2:30 PM
Application for fees and expenses [Elissa D. Miller, Chapter 7 Trustee]
Docket 24
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 8/20/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Rosa E Cerna Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
2:30 PM
Approve Proposed Allocation of Sale Proceeds and Expenses
Docket 30
Grant trustee's motion to authorize sale of substantially all of the debtor's assets at public auction free and clear of liens, authorize employment of auctioneer to conduct such sale, approve compromise regarding such sale between trustee and landlord creditors and approve allocation of sales proceeds and expenses for the reasons stated in the moving papers and for lack of timely written opposition. The auction sale is within the reasonable business judgment of trustee to derive value for the estate, and the assets may be sold free and clear of liens based on consent, agreement and/or existence of a bona fide dispute pursuant to 11 U.S.C. 363(f), at least, 11
U.S.C. 363(f)(2) and (4). The employment of the auctioneer is within the reasonable business judgment of trustee. The compromise is fair and equitable and within the reasonable business judgment of trustee, considering the litigation hazards regarding disputes with the creditors involved, the costs of collection and the paramount interests of creditors. Appearances are required on 8/20/19, but counsel may appear by telephone.
Debtor(s):
Precision AgriTech Inc. Represented By Ashley M McDow
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
2:30 PM
(4) Approve Proposed Allocation of Sale Proceeds and Expenses
Docket 29
Grant trustee's motion to authorize sale of substantially all of the debtor's assets at public auction free and clear of liens, authorize employment of auctioneer to conduct such sale, approve compromise regarding such sale between trustee and landlord creditors and approve allocation of sales proceeds and expenses for the reasons stated in the moving papers and for lack of timely written opposition. The auction sale is within the reasonable business judgment of trustee to derive value for the estate, and the assets may be sold free and clear of liens based on consent, agreement and/or existence of a bona fide dispute pursuant to 11 U.S.C. 363(f), at least, 11
U.S.C. 363(f)(2) and (4). The employment of the auctioneer is within the reasonable business judgment of trustee. The compromise is fair and equitable and within the reasonable business judgment of trustee, considering the litigation hazards regarding disputes with the creditors involved, the costs of collection and the paramount interests of creditors. Appearances are required on 8/20/19, but counsel may appear by telephone.
Debtor(s):
Precision AgriTechnologies LLC Represented By
Ashley M McDow
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
11:00 AM
fr. 5/15/19, 6/11/19, 7/17/19
Docket 180
Updated tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. the court has reviewed the unilateral status report filed by creditor Emma Borges. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. The court has reviewed creditor's unilateral status report regarding mediation. No tentative ruling on the merits. Appearances are required on 5/15/19 for the evidentiary hearing.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19 for the evidentiary hearing.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits.
11:00 AM
Appearances are required on 12/19/18.
Prior tentative ruling as of 12/17/18. No tentative ruling will be issued for the evidentiary hearing on creditor's motion to convert case to Chapter 7.
Appearances are required on 12/19/18.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/19/18 at 1:30 p.m. No appearances are required on 12/5/18.
Prior tentative ruling. Overrule evidentiary objections of debtor to Polis declaration. The court is inclined to order debtor to file a written outline of how this case will reorganize with an estimated timetable by 11/21/18 and set a further and separate hearing on the motion on 11/28/18 at 10:00 a.m. to discuss the status of debtor's reorganization efforts. Debtor's opposition really did not show much in the way of the presence of a reasonable likelihood of reorganization to persuade the court to deny the motion at the hearing on 11/14/18, which is somewhat disconcerting, given the age of this case, now approaching its one year anniversary on 11/30/18. The court thinks debtor must make some showing of a reasonable likelihood of a confirmable plan within a reasonable period of time, or otherwise it might be convinced to grant the motion. Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
fr. 5/15/19, 6/11/19, 7/17/19
Docket 255
Updated tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. The court is inclined to allow the parties to participate in mediation before the settlement judge before ruling on the amended disclosure statement.
Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling. Disapprove proposed disclosure statement for lack of sufficient information because it lacks sufficient detailed information on how the plan is feasible, including historical financial information. Just attaching copies of monthly operating reports to the disclosure statement is insufficient. The disclosure statement needs to describe the means on how the plan is going to be funded to demonstrate feasibility to creditors. Appearances are required on 2/20/19, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
Docket 270
No tentative ruling as of 8/19/19. Appearances are required on 8/21/19, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
fr. 7/17/19, 8/21/19
Docket 310
Off calendar. Continued by stipulation and order to 10/23/19 at 11:00 a.m.
No appearances are required on 8/21/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
fr. 7/17/19
Docket 314
Off calendar. Continued by stipulation and order to 10/23/19 at 11:00 a.m.
No appearances are required on 8/21/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
fr. 7/17/19
Docket 312
Off calendar. Continued by stipulation and order to 10/23/19 at 11:00 a.m.
No appearances are required on 8/21/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
fr. 7/17/19
Docket 316
Off calendar. Continued by stipulation and order to 10/23/19 at 11:00 a.m.
No appearances are required on 8/21/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 277
Updated tentative ruling as of 8/19/19. Off calendar. Continued by stipulation
and order to 10/23/19 at 11:00 a.m. No appearances are required on 8/21/19.
No tentative ruling as of 5/14/19. Appearances are required on 5/15/19, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 1
Updated tentative ruling as of 8/19/19. Off calendar. Continued by stipulation
and order to 10/23/19 at 11:00 a.m. No appearances are required on 8/21/19.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 7/13/18 and proposed date for filing a disclosure statement of 6/4/18 seem reasonable. Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By
11:00 AM
Alan W Forsley
11:00 AM
fr. 11/28/18, 1/30/19, 5/8/19
Docket 103
Updated tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/6/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 5/8/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Updated tentative ruling as of 11/26/18. Although not cited in their papers, the parties should be prepared to discuss the factors setting forth the standard in this circuit for permissive abstention in In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). See also, In re Szanto, 2016 WL
3256989 (9th Cir. BAP 2016); In re Roger, 2015 WL 7566647 (C.D. Cal.
2015). It seems to the court that the court should permissively abstain and stay the proceedings long enough to allow the state courts to determine on the merits creditor's claims pending in the state court actions which raise substantively noncore, state law claims, for the reasons stated in the court's rulings on creditor's remand motions. It would be helpful for the parties to report on the status of the proceedings in the state court actions because the papers are not informative about that. Appearances are required on 11/28/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 11/5/18. Off calendar. Continued on the court's
11:00 AM
own motion to 11/14/18 at 11:00 a.m. No appearances are required on 11/7/18.
Prior tentative ruling. Continued on the court's own motion by written order to 11/7/18 at 10:00 a.m. No appearances are required on 10/24/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Docket 205
No tentative ruling as of 8/19/19. Appearances are required on 8/21/19, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Docket 1
Updated tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Revised tentative ruling as of 5/6/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 5/8/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 5/15/18 will not be approved since this court generally requires at least 60 days notice to creditors of a claims bar date. The estimated administrative expenses in this case stated in the status report for $250,000 to $350,000 seem high, especially since debtors' budget motion and income and expense statements showing net income of about $1,700 per month do not show that debtors have the ability to afford such expenses.
There should be some explanation why the large amount of professional fee expenses estimated in the status report are needed in this case, and how debtors will be able to pay for these expenses (i.e., are they selling their real property to raise funds to pay for these fees). Appearances are required on 4/11/18, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
(4) for declaratory relief requesting adjudication of pending state court lawsuits fr. 1/8/19, 1/30/19, 5/8/19
Docket 1
Updated tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Revised tentative ruling as of 5/6/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 5/8/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. Off calendar. By order entered on 12/7/18, the status conference has been reset for 1/30/19 at 1:30 p.m. No appearances are required on 1/8/19.
Prior tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Pro Se
Shabnam Mesachi Pro Se
11:00 AM
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
11:00 AM
Docket 182
Off calendar. The motion is moot in light of the order dismssing the case entered on 7/30/19. No appearances are required on 8/21/19.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
11:00 AM
Docket 202
Off calendar. The motion is moot in light of the order dismssing the case entered on 7/30/19. No appearances are required on 8/21/19.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
2:00 PM
fr. 5/13/19, 5/30/19, 6/10/19
Docket 248
Updated tentative ruling as of 8/19/19. Off calendar. Continued by stipulation and order to 10/22/19 at 2:00 p.m. No appearances are required on 8/21/19.
Prior tentative ruling as of 6/10/19 at 1:25 p.m. Based on telephone request of counsel for debtor to postpone the hearing from 2:00 p.m. to 3:00 p.m. based on representations that the auction proceedings at 10:00 a.m. are protracted, that it may be difficult for the parties appearing at the auction to appear for the hearing at 2:00 p.m. and that all relevant parties consent to this short postponement, the court on its own motion reschedules the hearing from 2:00 p.m. to 3:00 p.m. Appearances are required at 3:00 p.m., not 2:00 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19 at 10:45 a.m. Based on telephone request of counsel for debtor to postpone the hearing from 1:00 p.m. to 2:00 p.m. based on representations that the auction proceedings at 10:00 a.m. are protracted, that it may be difficult for the parties appearing at the auction to appear for the hearing at 1:00 p.m. and that all relevant parties consent to this short postponement, the court on its own motion reschedules the hearing from 1:00 p.m. to 2:00 p.m. Appearances are required at 2:00 p.m., not 1:00 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 6/7/19. No tentative ruling on the merits. Appearances are required on 6/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/29/19. No tentative ruling on the merits. Appearances are required on 5/30/19, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling as of 5/13/19. Appearances are required on 5/13/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
2:00 PM
Docket 1
Updated tentative ruling as of 8/19/19. Off calendar. Continued by stipulation and order to 10/22/19 at 2:00 p.m. No appearances are required on 8/21/19.
Prior tentative ruling as of 6/10/19 at 1:25 p.m. Based on telephone request of counsel for debtor to postpone the status conference from 2:00 p.m. to 3:00 p.m. based on representations that the auction proceedings at 10:00
a.m. are protracted, that it may be difficult for the parties appearing at the auction to appear for the status conference at 2:00 p.m. and that all relevant parties consent to this short postponement, the court on its own motion reschedules the status conference from 2:00 p.m. to 3:00 p.m. Appearances are required at 3:00 p.m., not 2:00 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19 at 10:45 a.m. Based on telephone request of counsel for debtor to postpone the status conference from 1:00 p.m. to 2:00 p.m. based on representations that the auction proceedings at 10:00
a.m. are protracted, that it may be difficult for the parties appearing at the auction to appear for the status conference at 1:00 p.m. and that all relevant parties consent to this short postponement, the court on its own motion reschedules the status conference from 1:00 p.m. to 2:00 p.m. Appearances are required at 2:00 p.m., not 1:00 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 6/7/19. No tentative ruling on the merits. Appearances are required on 6/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/29/19. No tentative ruling on the merits. Appearances are required on 5/30/19, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling as of 5/13/19. No tentative ruling on the merits. Appearances are required on 5/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Off calendar. The court on its own motion continues the status conference to 4/30/19 at 2:30 p.m. to be conducted with the hearing on debtor's motion for an order approving sale of certain estate assets. No appearances are required on 4/17/19.
Prior tentative ruling as of 1/14/19. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
9:00 AM
Adv#: 2:18-01257 TRANSPORT FUNDING, LLC v. Salgado
§§523(a)(2)(B) and 523(a)(4)
fr. 10/9/18, 2/12/19, 5/23/19
Docket 1
Updated tentative ruling as of 8/19/19. Off calendar. Continued to 8/27/19 at 1:30 p.m. as a status conference pursuant to prior order entered on 8/15/19. No appearances are required on 8/22/19.
Prior tentative ruling as of 2/11/19. No tentative ruling on the merits. Appearances are required on 2/12/19 to discuss scheduling of further proceedings, including the pretrial conference, but counsel may appear by telephone.
Prior tentative ruling. Set discovery cutoff date of 1/31/19 and a post- discovery status conference on 2/12/19 at 1:30 p.m. A joint status report is due on 2/5/19. Appearances are required on 10/9/18 to discuss scheduling, possible waiver of requirement of a pretrial conference and possible referral of dispute to mediation, but counsel may appear by telephone.
Debtor(s):
Jose Antonio Salgado Represented By
Juan Castillo-Onofre
Defendant(s):
9:00 AM
Jose Antonio Salgado Pro Se
Joint Debtor(s):
Telma Aida Salgado Represented By
Juan Castillo-Onofre
Plaintiff(s):
TRANSPORT FUNDING, LLC Represented By
Jennifer Witherell Crastz Casey Z Donoyan
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
(U.S. Bank Trust National Association VS Debtor)
Docket 65
No tentative ruling as of 8/26/19. Appearances are required on 8/27/19, but counsel may appear by telephone.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
Movant(s):
U.S. Bank Trust National Represented By
Kristin A Zilberstein
10:30 AM
Docket 15
Off calendar. The hearing is continued by stipulation and order to 10/8/19 at 10:30 a.m. The order further provides that because service of the moving papers was deficient because movant has not served a judge's copy with separately tabbed exhibits as required by Local Bankruptcy Rule 5005-2(d), movant was ordered to comply with the rule and serve a judge's copy of its moving papers with separately tabbed exhibits within 7 days of the date of entry of the order. No appearances are required on 8/27/19.
Debtor(s):
Daniel Hyun You Represented By David Marh
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Carlos Avelar Represented By Neil R Hedtke
Movant(s):
AMERICREDIT FINANCIAL Represented By
Mandy D Youngblood Jennifer H Wang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
10:30 AM
Docket 11
The moving papers are deficient because movant has not served a judge's copy with separately tabbed exhibits as required by Local Bankruptcy Rule 5005-2(d). Continue hearing until movant complies with this rule.
Appearances are required on 8/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Damien Damon Bell Represented By Nicholas M Wajda
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
Docket 7
Deny motion for stay relief under 11 U.S.C. 362(d)(1) for lack of showing that debtor has or claims an interest in the subject property or that the automatic stay arising in debtor's bankruptcy case otherwise affects the subject property. Deny requests for extraordinary relief in paragraphs 7, 9 and 11 for lack of legal and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr.
E.D. Cal. 2009). Appearances are required on 8/27/19, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Maria Torres Represented By
Todd L Turoci
Movant(s):
YGreen Investments, LLC Represented By Barry L O'Connor
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
Docket 15
Deny motion for stay relief under 11 U.S.C. 362(d)(1) as moot because the case was dismissed on 8/13/19. Deny requests for extraordinary relief in paragraphs 5, 7, 9, 10 and 11 for lack of legal and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). Appearances are optional on 8/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Angie Elias Pro Se
Movant(s):
Edgar and Asuncion Loualhati Represented By Helen G Long
Trustee(s):
John P Pringle (TR) Pro Se
1:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 23
No updated tentative ruling as of 8/26/19. Appearances are required on 8/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/29/19. As stated in the prior tentative ruling as of 3/11/19, defendant's motion to dismiss should be converted to one for summary judgment with defendant as the moving party needing to file a statement of uncontroverted facts and conclusions of law and plaintiff as the opposing party needing to file a statement of genuine issues. Appearances are required on 4/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/11/19. Defendant filed a notice that the state appellate court issued its opinion on plaintiff's appeal in the state court action, but did not attach a copy of the opinion. Based on defendant's motion to dismiss plaintiff's first amended complaint (docket number 23) as supplemented in further pleadings (docket numbers 28, 88 and 90), it appears that the motion to dismiss should be converted to a motion for summary judgment since defendant's pleadings refer to matters outside the pleadings in order to argue that the first amended complaint should be dismissed with prejudice on grounds of res judicata. Federal Rule of Bankruptcy Procedure 7012, incorporating by reference, Federal Rule of Civil Procedure 12(d). As such, the court should order defendant as the moving party to file a statement of uncontroverted facts and conclusions of law under Local Bankruptcy Rule 7056-1(b)(2) and plaintiff as the responding party a
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statement of genuine issues and conclusions of law under Local Bankruptcy Rule 7056-1(c)(2), so that there are coherent reasons based on the record for the court's ultimate ruling on the motion. Moreover, it is unclear that the state court judgment as upheld by the state appellate court is final for res judicata purposes since it is unclear if the time for further appellate review by the California Supreme Court has expired. See Pellissier v. Title Guarantee & Trust Co., 208 Cal. 172, 184 (1929). Appearances are required on 3/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/9/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/10/18. Off calendar. The hearing is continued on the court's own motion by prior order to 10/9/18 at 2:30 p.m. No appearances are required on 9/11/18.
Prior tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 6/12/17. No tentative ruling on the merits.
1:30 PM
Appearances are required on 6/13/17, but counsel may appear by telephone.
Updated tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation and the court would stay the proceedings in this court until the state court litigation is completed, the court would deny the motion without prejudice. Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
No tentative ruling as of 8/8/16. Appearances are required on 8/9/16, but counsel may appear by telephone.
1:30 PM
Debtor(s):
Gary Moll Represented By
Ilyse Klavir Gary E Moll
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir Gary E Moll
Gary E Moll and Associates Represented By Ilyse Klavir Gary E Moll
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
§523(a)(6), willful and malicious injury; verification fr. 10/9/18, 3/12/19, 4/30/19
Docket 1
No updated tentative ruling as of 8/26/19. Appearances are required on 8/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/29/19. No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/9/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/10/18. Off calendar. The status conference is continued on the court's own motion by prior order to 10/9/18 at 2:30 p.m. No appearances are required on 9/11/18.
Prior tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties
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may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation, and the court would stay the proceedings in this court until the state court litigation is completed.
Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
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Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
Prior tentative ruling as of 8/8/16. No tentative ruling on the merits. Appearances are required on 8/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/18/16. Off calendar. The court noting that defendant has noticed a hearing on his motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m., the court continues on its own motion the status conference on 7/19/16 at 1:30 p.m. to the date and time of the hearing on defendant's motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m. No appearances are required on 7/19/16.
Prior tentative ruling. The status conference will be heard at 3:00 p.m. with the hearing on defendant's motion to dismiss. Appearances are required on 3:00 p.m. calendar, not the 1:30 p.m. calendar. No tentative ruling on the merits for the status conference.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir
Gary E Moll and Associates Represented By Ilyse Klavir
1:30 PM
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Howard M Ehrenberg (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:19-01053 Lee et al v. Stringer
fr. 4/30/19
Docket 1
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Appearances are required on 4/30/19 to address why monetary sanctions of $100 should not be imposed each on counsel for plaintiffs and defendant who is self-represented for failure to file a joint status report as required by Local Bankruptcy Rule 7016-1 and the court's order setting initial status conference filed and entered on 2/21/19.
Debtor(s):
Alfred Lee Stringer Pro Se
Defendant(s):
Alfred Lee Stringer Pro Se
Plaintiff(s):
Mylaunna Lee Represented By Albert L Chaney III
Sharlet Marie Lee Represented By Albert L Chaney III
1:30 PM
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Adv#: 2:18-01375 Vance v. Zacky & Sons Poultry, LLC
fr. 5/28/19, 6/25/19, 7/30/19
Docket 1
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. At the status conference, the court will hear from the parties on defendant's request for a 90 day continuance and a stay of proceedings. Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
Defendant(s):
Zacky & Sons Poultry, LLC Pro Se
Plaintiff(s):
Karen Vance Represented By
Gail L Chung
1:30 PM
Jack A Raisner Rene S Roupinian Robert N Fisher
1:30 PM
Adv#: 2:19-01140 GemCap Lending I, LLC v. Great Rock Capital Partners Management, LLC
Docket 1
Off calendar. Continued by stipulation and order to 9/17/19 at 1:30 p.m. No appearances are required on 8/27/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
Defendant(s):
Great Rock Capital Partners Pro Se
Plaintiff(s):
GemCap Lending I, LLC Represented By Carol Chow
1:30 PM
Adv#: 2:19-01100 Mitchell et al v. Okland
fr. 6/11/19
Docket 1
Updated tentative ruling as of 8/26/19. The court has reviewed the joint status report. Set a discovery cutoff date of 1/31/20, the deadline for filing a joint pretrial statement of 3/3/20 and a pretrial conference on 3/10/20 at 2:00
p.m. Parties to discuss with court why matter should not be referred to mediation. Plaintiffs to submit a proposed scheduling order within 7 days of hearing.
Prior tentative ruling. Appearances are required on 6/10/19 to address why monetary sanctions of $100 should not be imposed against counsel for plaintiffs for failure to file a status report as required by the order setting initial status conference, but counsel may appear by telephone.
Debtor(s):
Dean Henrik Okland Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Defendant(s):
Dean Okland Pro Se
Plaintiff(s):
Courtney Mitchell Represented By
1:30 PM
Anja Reinke
Tracy Canfield Represented By Anja Reinke
Michael Fleischer Represented By Anja Reinke
Nadia Fleischer Represented By Anja Reinke
Susan Boyer Represented By
Anja Reinke
David Boyer Represented By
Anja Reinke
Alyssa Shah Represented By
Anja Reinke
Mark Poireir Represented By
Anja Reinke
Sara Ramo Represented By
Anja Reinke
Louie Schwartzberg Represented By Anja Reinke
Does 1 -10 Represented By
Anja Reinke
1:30 PM
Docket 7
No tentative ruling as of 8/26/19. Appearances are required on 8/27/19.
Debtor(s):
Sang Yeh Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
1:30 PM
Docket 6
No tentative ruling as of 8/26/19. Appearances are required on 8/27/19.
Debtor(s):
Ramona Adele Annis Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Docket 8
No tentative ruling as of 8/26/19. Appearances are required on 8/27/19.
Debtor(s):
Nancy Love Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:18-01257 TRANSPORT FUNDING, LLC v. Salgado
U.S.C. §§523(a)(2)(B) and 523(a)(4) fr. 2/12/19, 5/23/19, 8/22/19
Docket 1
Updated tentative ruling as of 8/26/19. Off calendar. Stipulation for judgment and proposed judgment submitted, and judgment is being entered, having been approved by the court. No appearances are required on 8/27/19.
Prior tentative ruling as of 2/11/19. No tentative ruling on the merits. Appearances are required on 2/12/19 to discuss scheduling of further proceedings, including the pretrial conference, but counsel may appear by telephone.
Prior tentative ruling. Set discovery cutoff date of 1/31/19 and a post- discovery status conference on 2/12/19 at 1:30 p.m. A joint status report is due on 2/5/19. Appearances are required on 10/9/18 to discuss scheduling, possible waiver of requirement of a pretrial conference and possible referral of dispute to mediation, but counsel may appear by telephone.
Debtor(s):
Jose Antonio Salgado Represented By
Juan Castillo-Onofre
Defendant(s):
Jose Antonio Salgado Pro Se
Joint Debtor(s):
Telma Aida Salgado Represented By
Juan Castillo-Onofre
1:30 PM
Plaintiff(s):
TRANSPORT FUNDING, LLC Represented By
Jennifer Witherell Crastz Casey Z Donoyan
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:17-01158 Carter et al v. Martinez
[11 U.S.C. § 523 (a)2)(A) & (6)]
fr. 2/5/19, 5/7/19, 6/25/19
Docket 1
Revised tentative ruling as of 8/27/19. The court has reviewed the explanation of counsel for plaintiffs dated 4/17/17, but filed on 8/26/19, requesting a continuance of the pretrial conference for about 45 days pending the outcome of the preliminary hearing in the state court criminal case against defendant. Appearances are required on 8/27/19 to discuss scheduling of further proceedings in light of the pending criminal case against defendant, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/18. No tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial
2:00 PM
stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/19/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
2:00 PM
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Lance Carter Represented By
Dana M Douglas
Jean Holmes Represented By
Dana M Douglas
Carriage Estates LLC Represented By Dana M Douglas
Adamantine Investments LLC Represented By Dana M Douglas
Sterling Holdings LLC Represented By Dana M Douglas
Lance Carter IRA 419990 Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01434 Ehrenberg v. Hatfield
Declaratory relief fr. 2/12/19, 5/28/19
Docket 1
Updated tentative ruling as of 8/26/19. The court has reviewed the joint pretrial stipulation and it appears to be in proper form to be approved, though the court notes that no objections have been interposed to any of the listed exhibits. The court thus presumes that there are no objections to the exhibits and all exhibits are to be received into evidence. However, if there are objections to any of the exhibits, the joint pretrial statement will need to be amended. Appearances are required on 8/27/19 to discuss scheduling of trial.
Prior tentative ruling as of 5/24/19. The court has reviewed the joint status report. Set a pretrial conference for 8/13/19 at 2:00 p.m. and a joint pretrial stipulation must be filed by 8/6/19. Appearances are required on 5/28/19 to discuss scheduling and the status of mediation, but counsel may appear by telephone.
Prior tentative ruling. Set a discovery cutoff date of 4/30/19 and a further postdiscovery status conference for 5/28/19 at 1:30 p.m. with a joint status report due on 5/7/19. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 3/12/19 and complete mediation by 5/28/19. Appearances are required on 2/12/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
2:00 PM
Debtor(s):
Denise Ann Hatfield Represented By Michael E Clark
Defendant(s):
Thomas Carson Hatfield Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Steven Werth
Trustee(s):
Howard M Ehrenberg (TR) Represented By Steven Werth
2:30 PM
Docket 652
Grant trustee's motion to approve compromise with Premier Rehabilitation Services, Inc., for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 8/26/19, but counsel may appear by telephone.
Debtor(s):
Corona Care Convalescent Represented By
M. Jonathan Hayes Michael Jay Berger
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell Zev Shechtman Sonia Singh
2:30 PM
fr. 8/13/19
Docket 123
Revised tentative ruling as of 8/27/19. Deny motion of 7175 WB, LLC as follows:
As to request for order authorizing and directing assignment of avoidance actions for prosecution on the estate’s behalf, deny without prejudice because the motion itself does not state an adequate legal basis to grant relief. The cited case of In re P.R.T.C., Inc., 177 F.3d 774 (9th Cir. 1999) only involved the situation where a trustee voluntarily transferred its avoidance power rights to a creditor and was not a compelled situation. However, 7175 WB in its reply brief first asserts a legal basis for derivative rights as a creditor to bring avoidance actions on behalf of the estate by cites In re Gibson Group, Inc., 66 F.3d 1436, 1446 (9th Cir. 1995), which recognized the derivative standing of creditors to assert avoidance actions on behalf of a bankruptcy estate upon certain conditions. The court notes that some courts within the Ninth Circuit have adopted a test similar to the Sixth Circuit in In re Gibson Group, as recognized in In re Consolidated Nevada Corp., BAP No. NV 17-1210-FTTi, 2017 WL 6553394 (9th Cir. BAP 2017), slip op. at *7. However, contrary to 7175’s contention, the Ninth Circuit did not approve the Gibson Group rule in In re Permatex, Inc., 199 F.3d 1029 (9th Cir. 1999) since that case only held that a
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trustee may stipulate to allow creditors to assert its authority to bring avoidance actions. Nevertheless, 7175’s substantive arguments first raised in its reply to the oppositions of Debtor and interested party
Alexandra Greenberg is not fair notice to them since they have no right to sur-reply and the reply containing new arguments or matters raised for the first time is a violation of Local Bankruptcy Rule 9013-1(g)(4).
As to request for an order extending or tolling deadlines for commencing avoidance actions, deny without prejudice since it has not been established that 7175 may exercise derivative rights to bring the avoidance actions.
As to request for determining applicability of debtor’s homestead exemption to the property at 1483 N. Occidental Blvd., Los Angeles, CA, deny on grounds that exemptions are defined by law applicable on the petition date, In re Tanzi, 297 B.R. 607, 612 (9th Cir. BAP 2003), and not the conversion date, of a case converted from Chapter 11 to Chapter 7 because exemptions are defined as of the petition date, not conversion date, as case conversion does not affect the petition date. 11 U.S.C. 522(b)(3)(A) and 348(a); Matter of Sandoval, 103 F.3d 20, 22 (5th Cir. 1997) ("to hold that the conversion date control exemption eligibility would be tantamount to assuming that conversion creates a new filing date, an assumption that the statutory words preclude"), citing, 11 U.S.C. 522(b)(2)(A) (now (b)(3)(A)) and 348(a); see also, March, Ahart and Shapiro, Rutter Group California Practice Guide: Bankruptcy, paragraphs 7:130 and 7:161 (online ed., December 2018 update); but see, In re Winchester, 46 B.R. 492, 495 (9th Cir. BAP 1984) (involving case conversion from Chapter 13 to Chapter 7), superseded by statute on other grounds, 11 U.S.C. 348(f)(1)(A), as recognized in In re Earl, 705 Fed. Appx. 584, 586 n. 5 (9th Cir. 2017).
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The majority opinion in Winchester relying upon the inclusion of after- acquired property in a Chapter 13 case as property of the estate as its rationale to make the case conversion date as the operative date for determining exemption is contrary to the statutory language of 11
U.S.C. 348 as the succeeding Chapter 7 case is deemed to have been filed when the original Chapter 13 petition was filed as pointed out by Judge Elliott’s concurring opinion in Winchester.
As to the request to defer the abandonment of property pending a determination of the value Chapter 7 estate’s interest in the Occidental property, deny without prejudice because there is no abandonment of such asset by the trustee since the filing of a no distribution report is not an abandonment. In re Reed, 940 F.2d 1317, 1321 (9th Cir. 1991). There is no technical abandonment of estate assets to the debtor under 11 U.S.C. 521(a)(1) when a trustee filed a no distribution report until the bankruptcy case is closed unless the court orders otherwise. There is no cause to order otherwise as requested by 7175 since it has not established its derivative rights to assert the avoidance actions.
Appearances are required on 8/27/19, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
Adv#: 2:18-01464 Neuger et al v. Salke
Docket 41
Grant plaintiffs' motion for order dismissing claims for relief under 11 U.S.C. 727 and entry of judgment for plaintiffs on claims for relief under 11 U.S.C. 523(a)(4) and 523(a)(6) for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 8/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Alan Eugene Salke Represented By Simon Aron
Defendant(s):
Alan Eugene Salke Represented By Simon Aron
Plaintiff(s):
Win Neuger Represented By
J Scott Bovitz
Marshall Manley Represented By J Scott Bovitz
Peter A. Feinstein, M.D. Represented By J Scott Bovitz
Marshall Manley, Administrator of Represented By
2:30 PM
Trustee(s):
J Scott Bovitz
Sam S Leslie (TR) Pro Se
2:30 PM
Docket 27
Grant trustee's motion objecting to debtor's claimed homestead exemption for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 8/27/19, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Briena Sheree Casares Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Toan B Chung
2:30 PM
Docket 13
Off calendar. Motion resolved by stipulation and order. No appearances are necessary.
Debtor(s):
Andre Luther Ribeiro Represented By Michael E Clark
Joint Debtor(s):
Madeline Ann Ribeiro Represented By Michael E Clark
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 8/26/19. Off calendar. Continued by stipulation and order to 10/2/19 at 11:00 a.m. No appearances are required on 8/28/19.
Prior tentative ruling as of 7/15/19. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/2/19. Off calendar. Continued by stipulation and order to 7/17/19 at 11:00 a.m. No appearances are required on 7/3/19.
Prior tentative ruling as of 4/30/19. Appearances are required to discuss scheduling of further proceedings, including Phase 2 of the trial.
Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
Dale Alfred Williams Represented By James E Till Mike D Neue
11:00 AM
William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
Docket 289
No tentative ruling as of 8/26/18. Appearances are required on 8/28/19.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
Docket 1
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
Docket 1
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/6/19. The court has reviewed creditor Emma Borges's unilateral status report on mediation. No tentative ruling on the merits. Appearances are required on 5/8/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed debtor's status report and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. The court has reviewed debtor's status report suggesting a continued status conference in about 60 days. No
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tentative ruling on the merits. Appearances are required on 3/7/18 to hear from other parties on status, including compliance with United States Trustee requirements, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
fr. 6/11/19, 7/17/19, 8/21/19
Docket 180
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. the court has reviewed the unilateral status report filed by creditor Emma Borges. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. The court has reviewed creditor's unilateral status report regarding mediation. No tentative ruling on the merits. Appearances are required on 5/15/19 for the evidentiary hearing.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19 for the evidentiary hearing.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
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Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Prior tentative ruling as of 12/17/18. No tentative ruling will be issued for the evidentiary hearing on creditor's motion to convert case to Chapter 7.
Appearances are required on 12/19/18.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/19/18 at 1:30 p.m. No appearances are required on 12/5/18.
Prior tentative ruling. Overrule evidentiary objections of debtor to Polis declaration. The court is inclined to order debtor to file a written outline of how this case will reorganize with an estimated timetable by 11/21/18 and set a further and separate hearing on the motion on 11/28/18 at 10:00 a.m. to discuss the status of debtor's reorganization efforts. Debtor's opposition really did not show much in the way of the presence of a reasonable likelihood of reorganization to persuade the court to deny the motion at the hearing on 11/14/18, which is somewhat disconcerting, given the age of this case, now approaching its one year anniversary on 11/30/18. The court thinks debtor must make some showing of a reasonable likelihood of a confirmable plan within a reasonable period of time, or otherwise it might be convinced to grant the motion. Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
fr. 8/21/19
Docket 270
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. Appearances are required on 8/21/19, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
fr. 6/11/19, 7/17/19, 8/21/19
Docket 255
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. The court is inclined to allow the parties to participate in mediation before the settlement judge before ruling on the amended disclosure statement.
Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling. Disapprove proposed disclosure statement for lack of sufficient information because it lacks sufficient detailed information on how the plan is feasible, including historical financial information. Just attaching copies of monthly operating reports to the disclosure statement is insufficient. The disclosure statement needs to describe the means on how the plan is
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going to be funded to demonstrate feasibility to creditors. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
Docket 77
The court is inclined to approve the motion because the postpetition financing is within the reasonable business judgment of the debtor-in-possession for the reasons stated in the moving papers and overrule the objection of creditors Greta Curtis and Ammec, Inc., because there will be a reserve to adequately protect the alleged mechanic's lien claimed by these creditors.
The court is not inclined to grant relief sought by debtor in its relief to determine that Ammec does not have an interest in the alleged mechanic's lien. Appearances are required on 8/28/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
11:00 AM
Docket 1
Updated tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/31/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/18/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/16/18. No tentative ruling on the merits. Appearances are required on 7/18/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits.
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Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
11:00 AM
Docket 93
No tentative ruling as of 8/26/19. Appearances are required on 8/28/19, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
Docket 72
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/29/19. Deny confirmation of plan because contrary to debtor's assertion that impaired Class 3 claims (general unsecured claims) voted to "accept" the plan, such assertion is not true because while the numerosity test was met for Class 3 claims in that 83.3% of the number of claims voted to accept the plan which met the more than one- half in number requirement of 11 U.S.C. 1126(c), the dollar amount test was not met in that there was only 57.82% of the dollar amount of Class 3 claims voted to accept the plan while more than two-thirds (66.7%) of the dollar amount is required to accept the plan under 11 U.S.C. 1126(c), thus, there is no impaired class of claims accepting the plan here to allow confirmation under 11 U.S.C. 1129(a)(10). Appearances are required on 7/31/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/30/19. Appearances are required on 5/1/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. The court has concerns regarding the adequacy of the information in the disclosure statement regarding bargain sales of debtor's accounts receivable and vehicle to its insider. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. Appearances are required on 4/10/19, but counsel may appear by telephone.
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Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
Docket 1
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/31/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/30/19. No tentative ruling on the merits. Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
Docket 1
Updated tentative ruling as of 8/26/19. Although the status conference is moot because the case has been dismissed, debtor has noticed a motion for reconsideration of the dismissal with the 180 day bar for 9/4/19 at 11:00 a.m. The court on its own motion continues the status conference to that date and time. No appearances are required on 8/28/19.
Prior tentative ruling as of 4/30/19. No tentative ruling on the merits. Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
11:00 AM
P9016; FRCP 45(d)(3)(A) and 45 (d)(3)(B)
Docket 180
Off calendar. Continued by stipulation and order to 10/10/19 at 11:00 a.m.
No appearances are required on 8/28/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
11:00 AM
Docket 134
No tentative ruling as of 8/26/19. The court has reviewed the counsel declaration in response to the OSC. Counsel need only appear.
Appearances are required on 8/28/19, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/13/19. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report proposing
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a claims bar date of 1/24/18 with notice being served by 11/8/17 and a disclosure statement filing deadline of 2/28/18. These dates are satisfactory, and debtor should submit a proposed scheduling order. Appearances are required on 11/1/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 160
No tentative ruling will issued for the motion heard on shortened notice.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
11:30 AM
$8570.00, Expenses: $46.79. fr. 5/28/19
Docket 138
Updated tentative ruling as of 8/26/19. Appearances are required on 8/28/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. The court on its own motion continues the hearing to 8/28/19 at 11:30 a.m. pending receipt of Excel files relating to the billing entries on the fee application as supplemented and objections thereto. No appearances are required on 5/28/19.
Debtor(s):
Peter G. Kudrave Pro Se
11:30 AM
Docket 62
Updated tentative ruling as of 8/26/19. Appearances are required on 8/28/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling. The disclosure statement does not contain adequate information. Regarding treatment of secured claims, the text in the plan refers to Article II, but no Article II is attached. Exhibit C to the plan refers to certain notes for each claim, but these notes do not adequately spell out the treatment of the primary secured claim to Wells Fargo Bank, the senior secured lender for the loan on debtor's residence. The disclosure statement should have a more detailed description of how this claim will be treated under the plan. The plan itself is not much better. It is hard to tell what is being proposed for treatment of the claim. The disclosure statement and plan
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will have to be revised for sake of clarity. If this is a cramdown situation, it does not appear that a 40 year payout is fair and equitable for this creditor, and debtor should probably consider taking out this creditor when the loan matures under the existing terms. Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 1/15/19
Docket 399
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19.
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By
1:30 PM
Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 8/8/18, 11/30/18, 2/21/19
Docket 351
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19.
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By
1:30 PM
Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 377
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19.
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 390
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19.
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By
1:30 PM
Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
fr. 10/3/18, 11/30/18, 2/21/19
Docket 362
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19.
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 397
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19.
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By
1:30 PM
Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 412
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19.
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By
1:30 PM
Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
Docket 414
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19.
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
Does 1 Through 100 Inclusive Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
Adv#: 2:12-01830 Clark v. Farris-Ellison et al
2) breach of contract 3) breach of implied covenant of good faith
and fair dealing 4) conversion 5) negligence 6) breach of fiduciary duty
7) constructive fraud 8) fraudulent concealment 9) wrongful foreclosure
10) interference with prospective economic advantage fr. 8/8/18, 11/30/18, 2/21/19
Docket 1
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19.
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Attorney(s):
Deborah Bronner Represented By Deborah R Bronner
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Represented By James Bryant
Just that EZ Financial Pro Se
Lenders Escrow Inc Pro Se
1:30 PM
Does 1 Through 100 Inclusive Pro Se
Mediator(s):
David A. Gill Pro Se
Plaintiff(s):
James Lee Clark Represented By Justin D Graham
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:14-01088 Clark v. Farris-Ellison
[Pursuant to 11 U.S.C. §523(a)(2); 11 U.S.C. §523(a)(6)] fr. 11/30/18, 2/21/19, 4/30/19
Docket 1
Updated tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19.
Revised tentative ruling as of 4/29/19. Off calendar. Continued by stipulation and order to 8/28/19 at 1:30 p.m. No appearances are required on 4/30/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Defendant(s):
Rita Gail Farris-Ellison Pro Se
Plaintiff(s):
James Lee Clark Pro Se
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
Sam S Leslie (TR) Pro Se
1:30 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
fr. 8/20/19
Docket 98
No updated tentative ruling as of 8/26/19. Appearances are required on 8/28/19.
Prior tentative ruling. Deny without prejudice because there is no proof of service of moving papers on debtor. Appearances are required on 8/20/19.
Debtor(s):
Rita Gail Farris-Ellison Represented By James Bryant
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim
1:30 PM
fr. 8/20/19
Docket 25
Updated tentative ruling as of 8/26/19. No tentative ruling will be issued for the evidentiary hearing on the motion. Appearances are required on 8/29/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set an evidentiary hearing on the motion. Appearances are required on 8/20/19 to discuss scheduling.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
1:30 PM
fr. 8/20/19
Docket 24
Updated tentative ruling as of 8/26/19. No tentative ruling will be issued for the evidentiary hearing on the motion. Appearances are required on 8/29/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set an evidentiary hearing on the motion. Appearances are required on 8/20/19 to discuss scheduling.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
1:30 PM
(b) for monetary and other sanctions under 11 U.S.C. 303(i), (k) fr. 8/20/19
Docket 6
No updated tentative ruling as of 8/26/19. Appearances are required on 8/29/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set an evidentiary hearing on the motion. Appearances are required on 8/20/19 to discuss scheduling.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
1:30 PM
Docket 1
No updated tentative ruling as of 8/26/19. Appearances are required on 8/29/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set an evidentiary hearing on the motion. Appearances are required on 8/20/19 to discuss scheduling.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
2:30 PM
Docket 736
No tentative ruling on the application heard on shortened notice. Appearances are required on 8/30/19, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
10:30 AM
fr. 8/27/19
Docket 11
Updated tentative ruling as of 8/30/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. The moving papers are deficient because movant has not served a judge's copy with separately tabbed exhibits as required by Local Bankruptcy Rule 5005-2(d). Continue hearing until movant complies with this rule. Appearances are required on 8/27/19, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Damien Damon Bell Represented By Nicholas M Wajda
Trustee(s):
10:30 AM
Brad D Krasnoff (TR) Pro Se
1:30 PM
fr. 4/30/19
Docket 51
Updated tentative ruling as of 8/30/19. Set the remaining contested matter(s) for a pretrial conference since discovery is now closed. Appearances are required on 9/3/19, but counsel may appear by telephone.
Prior tentative ruling. Treat trustee's motion objecting to Claim 4-1 of American Express National Bank, as resolved since trustee has withdrawn his motion objecting to that claim. .
Treat trustee's motions objecting to Claim 2-1 of Amanollah Nayson and Claim 5-1 of Shaun Toub as contested matters under FRBP 9014 and schedule pretrial proceedings, including discovery and pretrial conference. Parties should meet and confer regarding pretrial schedule. While the court is inclined to sustain trustee's objections to the declaration of Shaun Toub, the court will allow the declarant to amend his declaration to lay a foundation of personal knowledge.
Grant trustee's motions objecting to Claim 8-1 of 515 South Figueroa Street and Claim 10-1 of LVNV Funding, LLC, etc., for the reasons stated in the moving papers and for lack of timely written opposition.
Appearances are required on 4/30/19, but counsel may appear by telephone.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
1:30 PM
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
George E Schulman
1:30 PM
Adv#: 2:19-01198 Wheel Group Holdings, LLC v. Chong Putera
Docket 1
No tentative ruling as of 8/30/19. Appearances are required on 9/3/19, but counsel may appear by telephone.
The court notes some proofreading deficiencies in the caption of the joint status report: (1) there is a fictitious bar number for Attorney Horowitz since California bar numbers are not yet in the 900,000s; (2) the name of plaintiff's law firm is spelled wrong. On page 2, item B.2, plaintiff refers to taking third party discovery by "spuboena." On page 3, item E.1, there is a reference to informal settlement discussions before and after the "Bankrupty cse" was filed. Pleadings filed with the court should be proofread carefully before submission. While these deficiencies are not material, they indicate a lack of care in preparing court documents and do not reflect well on the drafter.
Debtor(s):
Georgie Charlie Chong Putera Represented By Eliza Ghanooni
Defendant(s):
Georgie Charlie Chong Putera Pro Se
Plaintiff(s):
Wheel Group Holdings, LLC Represented By Leslie R Horowitz
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Adv#: 2:19-01202 Avery v. Casares
Docket 8
Overrule trustee's objection to equitable remand of the removed action and remand to state court pursuant to 28 U.S.C. 1452(b) because the removed action is the probate proceeding itself of debtor's father in which debtor is a beneficiary and the court lacks jurisdiction due to the probate exception to federal jurisdiction because proceeding with the removed action would involve this federal court in administering the decedent's estate and assume in rem jurisdiction over property in the custody of the probate court, which actions are within the narrow confines of the probate exception. Marshall v. Marshall, 547 U.S. 293, 311-312 (2006); In re Garcia, 507 B.R. 32,44 (1st Cir. BAP
2014). Trustee's reliance on In re Tucson Estates, Inc., 912 F.2d 1162 (9th Cir. 1990) is misplaced because that case did not involve the probate exception to federal jurisdiction. While Debtor may have an interest in the probate res as a beneficiary of the probate estate, which would be property of her bankruptcy estate, she does not have a right to probate res until the probate estate is administered and a distribution by the probate court is made to her through administration of the probate case. This has not been apparently been done as shown by the papers filed in the state court action now removed by the court which have been filed in this case by the trustee.
Trustee erred in removing the probate action to this court because the probate estate has not been administered, and this court lacks jurisdiction to administer the probate case under the narrow confines of the probate exception. Appearances are required on 9/3/19, but counsel may appear by telephone.
Debtor(s):
Briena Sheree Casares Pro Se
1:30 PM
Defendant(s):
Briena Sheree Casares Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Toan B Chung
Trustee(s):
Wesley H Avery (TR) Represented By Toan B Chung
2:30 PM
Application for fees and expenses [Elissa D. Miller, Chapter 7 Trustee]
Docket 50
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 9/3/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Cheryl Lynne Hipperson Represented By
Nicholas Nicholas Wajda
Trustee(s):
Elissa Miller (TR) Represented By Meghann A Triplett
2:30 PM
Docket 49
Approve final fee application of general bankruptcy attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 9/3/19, but applicant and counsel may appear by telephone. Applicants or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Cheryl Lynne Hipperson Represented By
Nicholas Nicholas Wajda
Trustee(s):
Elissa Miller (TR) Represented By Meghann A Triplett
2:30 PM
[Hahn Fife & Company LLP, Accountant for Chapter 7 Trustee]
Docket 47
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 9/3/19, but applicant and counsel may appear by telephone.
Applicant or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Cheryl Lynne Hipperson Represented By
Nicholas Nicholas Wajda
Trustee(s):
Elissa Miller (TR) Represented By Meghann A Triplett
2:30 PM
Docket 18
Off calendar. The court determined that oral argument was unnecessary and dispensed with it, took the motion under submission, vacated the hearing and issued an order disposing of the motion. No appearances are necessary.
Debtor(s):
Carlos Joel Armienta Represented By Steven A Alpert
L. Tegan Rodkey
Joint Debtor(s):
Tania Gisela Armienta Represented By Steven A Alpert
L. Tegan Rodkey
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Application for fees and expenses [Elissa D. Miller, Chapter 7 Trustee]
Docket 56
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 9/3/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Mary Kodjoglian Represented By Sean Keshishyan
Trustee(s):
Elissa Miller (TR) Represented By
Edward M Wolkowitz Anthony A Friedman
Levene Neale Bender Rankin & Brill LLP
2:30 PM
[Levene, Neale, Bender, Yoo & Brill L.L.P., Attorney for Chapter 7 Trustee]
Docket 54
Approve final fee application of general bankruptcy attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 9/3/19, but applicant and counsel may appear by telephone. Applicants or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Mary Kodjoglian Represented By Sean Keshishyan
Trustee(s):
Elissa Miller (TR) Represented By
Edward M Wolkowitz Anthony A Friedman
Levene Neale Bender Rankin & Brill LLP
2:30 PM
Adv#: 2:19-01198 Wheel Group Holdings, LLC v. Chong Putera
Docket 9
The hearing on defendant's motion to dismiss will be advanced to the time of the status conference at 1:30 p.m. Counsel should appear for both matters on the 1:30 p.m. calendar.
Grant defendant's motion to dismiss for failure to state a claim upon which relief can be granted pursuant to FRCP 12(b)(6) because the allegations of the complaint do not state a plausible claim for relief under 11 U.S.C. 523(a)
(6) absent the conclusory allegations that defendant's conduct was willful and malicious, which are legal rather than factual conclusions which may be disregarded. Ashcroft v. Iqbal, 556 U.S. 662, 681 (2009). The court agrees with defendant that in order to sustain a claim under 11 U.S.C. 523(a)(6), plaintiff must allege an intentional tort debt. Lockerby v. Sierra, 535 F.3d 1038, 1041 (9th Cir. 2008). Plaintiff in its complaint alleging mere nonpayment of a debt may be a claim of an intentional breach of contract debt, but it is not an intentional tort debt. In re Jercich, 238 F.3d 1202, 1205 (9th Cir. 2001).
In paragraphs 22 and 26 of the complaint, where plaintiff alleges that defendant "induced" it into entering various agreements and that defendant made "representations" upon which it "justifiably relied", does this mean that it is alleging some kind of fraudulent misrepresentation which would be a claim under 11 U.S.C. 523(a)(2)(A)? However, plaintiff does not allege specific facts regarding such alleged representations to constitute a plausible claim.
Grant leave to amend because the court must give at lease one change to amend absent clear showing that amendment would be futile. National Council of La Raza v. Chegavske, 800 F.3d 1032, 1041 (9th Cir. 2015) in light of the policy of FRCP 15(a) to freely grant leave to amend if justice so
2:30 PM
requires. Contrary to defendant's contention, the court is not convinced that amendment is futile.
Debtor(s):
Georgie Charlie Chong Putera Represented By Eliza Ghanooni
Defendant(s):
Georgie Charlie Chong Putera Represented By Matthew D Resnik
M. Jonathan Hayes
Plaintiff(s):
Wheel Group Holdings, LLC Represented By Leslie R Horowitz Stephen E Hyam
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
Application for fees and expenses [Diane C. Weil, Chapter 7 Trustee] fr. 7/30/19, 8/20/19
Docket 185
Updated tentative ruling as of 8/30/19. Approve final report and fee application of trustee for reasons stated in the final report and as amended by the amended pro-ration of administrative expenses and notice thereon filed on 8/29/19 and for lack of timely written objection. Appearances are optional on 9/3/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Prior tentative ruling as of 8/19/19. Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 8/20/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Prior tentative ruling. The court has reviewed the trustee's final report and fee application, and the court is inclined to approve the final report and fee application for the reasons stated therein and for lack of timely written objection. However, because general bankruptcy counsel for trustee has not provided a judge's copy of its fee application as required by LBR 5005-2(d), the court will continue the hearing for submission of the judge's copy of that fee application. Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
MEHRDAD TAHERIPOUR Represented By Alan F Broidy
2:30 PM
Trustee(s):
Diane C Weil (TR) Pro Se
2:30 PM
[Danning, Gill, Diamond & Kollitz, LLP, Attorney for Chapter 7 Trustee] fr. 7/30/19, 8/20/19
Docket 183
Updated tentative ruling as of 8/30/19. Approve final fee application of former general bankruptcy counsel for the trustee for reasons stated in the fee application as amended by the amended pro-ration of administrative expenses and notice thereon filed on 8/29/19 and for lack of timely written objection. Appearances are optional on 9/3/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Revised tentative ruling as of 8/19/19. The court has reviewed the final fee application of former general counsel for trustee, and the court is inclined to approve the final fee application for the reasons stated therein and for lack of timely written objection. However, regarding the fact that the signature of the successor trustee on the declaration of non-objection to the application which was to follow was not filed as required by LBR 2016-1(a)(1)(J) and (c), applicant has filed the declaration of Eric Israel regarding the status of applicant's efforts to obtain the successor trustee's signature on the declaration in support of the fee application. No tentative ruling on the merits. Appearances are required on 8/20/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/29/19. Applicant has not provided a judge's copy of the fee application as required by LBR 5005-2(d), and the court will continue the hearing for submission of the judge's copy. Appearances are required on 7/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
2:30 PM
Debtor(s):
MEHRDAD TAHERIPOUR Represented By Alan F Broidy
Trustee(s):
Diane C Weil (TR) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 9/3/19. No tentative ruling on the merits. Appearances are required on 9/4/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/26/19. Although the status conference is moot because the case has been dismissed, debtor has noticed a motion for reconsideration of the dismissal with the 180 day bar for 9/4/19 at 11:00 a.m. The court on its own motion continues the status conference to that date and time. No appearances are required on 8/28/19.
Prior tentative ruling as of 4/30/19. No tentative ruling on the merits. Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
11:00 AM
Docket 77
Updated tentative ruling as of 9/3/19. The court has reviewed debtor's status report regarding the disclosure statement. No tentative ruling on the merits.
Appearances are required on 9/4/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. The court has reviewed debtor's status report regarding the disclosure statement. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of debtor's disclosure statement as not containing adequate information for the reasons stated in the objections of creditors because the disclosure statement does not provide sufficient information regarding feasibility or address the issue of modification of the secured creditor's claims and rights. The disclosure statement does not show how the payment of the arrearages on the effective date is feasible based on debtor's available cash on hand stated in the disclosure statement. Debtor must provide a detailed statement of income and expenses for each property as directed by the income and expense statements attached to the disclosure statement, which she has not done, and she should provide historical data and projections for these properties. If the secured creditors' claims and rights are modified, then the claims are impaired, and the secured creditors have a right to vote. The denial of approval of the disclosure statement is with leave to amend. Appearances are required on 3/27/19, but counsel may appear by telephone.
Debtor(s):
11:00 AM
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
Updated tentative ruling as of 9/3/19. The court has reviewed debtor's status report regarding the disclosure statement. No tentative ruling on the merits.
Appearances are required on 9/4/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. Off calendar. The court has debtor's status report advising that she has filed a motion to approve disclosure statement noticed for hearing on 3/27/19 at 11:00 a.m. The court on its own motion continues the status conference to 3/27/19 at 11:00 a.m. to be conducted with that hearing. No appearances are required on 3/6/19.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits.
11:00 AM
Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. The court has reviewed debtor's status report filed on 8/15/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. The court has reviewed debtor's status report filed on 5/9/18. No tentative ruling on the merits. Appearances are required on 5/16/18, but counsel may appear by telephone.
Updated tentative ruling as of 3/5/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 219
Deny debtor's motion to vacate or alter final order dismissing case for the reasons stated in the opposition of creditor Joe Klein. Federal Rule of Bankruptcy Procedure 9023 makes applicable Federal Rule of Civil Procedure 59 in cases under the Bankruptcy Code, 11 U.S.C. The grounds for motions to alter or amend judgment under Federal Rule of Civil Procedure 59(e) are shown if movant demonstrates one of the following: (1) there is newly discovered evidence that could not have been discovered previously;
the court committed clear error or its initial decision is manifestly unjust; or
there is an intervening change in the controlling law. 3 Jones, Rosen, Wegner and Jones, Rutter Group Practice Guide: Federal Civil Trials and Evidence, ¶ 20-300 at 20-59 (2018) (citing, inter alia, Allstate Insurance Co. v. Herron., 634 F.3d 1101, 1111 (9th Cir. 2011)) (citation omitted). As the Ninth Circuit stated in Allstate Insurance Co. v. Herron, "amending a judgment after its entry remains ‘an extraordinary remedy which should be used sparingly.’" 634 F.3d at 1111. The moving papers fail to demonstrate any of these grounds. In particular, the moving papers do not show clear error by the court in its findings of fact, nor do they show error in its conclusions of law. Debtor made material omissions of income on his bankruptcy schedules and documents including his monthly operating reports which indicate that the petition and case were filed in bad faith. The moving papers do not articulate a proper basis for relief under Federal Rule of Bankruptcy Procedure 9024 and Federal Rule of Civil Procedure 60. Debtor's remedy if he feels that the court's judgment was erroneous is to take an appeal. Appearances are
11:00 AM
required on 9/4/19, but counsel may appear by telephone.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
2:00 PM
fr. 4/17/19, 7/3/19, 7/30/19
Docket 144
Updated tentative ruling as of 9/3/19. Off calendar. Continued by stpulation and order to 10/10/19 at 11:00 a.m. No appearances are required on 9/4/19.
Prior tentative ruling as of 7/1/19. Appearances are required on 7/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Appearances are required on 4/17/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth
2:00 PM
Docket 1
Updated tentative ruling as of 9/3/19. Off calendar. Continued by stpulation and order to 10/10/19 at 11:00 a.m. No appearances are required on 9/4/19.
Prior tentative ruling as of 7/2/19. Appearances are required on 7/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. Appearances are required on 3/13/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn
10:30 AM
Docket 19
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny relief from stay pursuant to 11 U.S.C.
362(d)(2) because movant's computations in the moving papers demonstrate that debtor has equity in the property. The court disagrees that there is no equity in the property due to debtor's exemption claim since the statute refers to equity, not just nonexempt equity. Movant may brief this issue, and the court will grant a continuance for such briefing if movant requests an opportunity for further briefing.
The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Orlando Anthony Del Rio Represented By Barry E Borowitz
10:30 AM
Trustee(s):
Elissa Miller (TR) Pro Se
10:30 AM
(Rehabbers Financial, Inc. dba Aztec Financial VS Debtor)
Docket 161
The court was inclined to allow a short continuance of the hearing to allow debtor to obtain a valuation opinion in response to the valuation opinion submitted on behalf of movant. Debtor to provide a reasonable estimate when the appraisal can be obtained, so that the court can set an evidentiary hearing on valuation and cause for stay relief, including lack of adequate protection. Appearances are required on 9/10/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
10:30 AM
(Wilmington Savings Fund Society FSB dba Christiana Trust VS Debtor)
Docket 25
The moving papers are deficient because movant did not attach the debtor's schedules showing the value of the property rather a copy of a Home Affordable Modification Agreement was attached. Thus, movant has not met its burden to show the lack of equity under 11 U.S.C. 362(g)(1) to establish its claim under either 11 U.S.C. 362(d)(1) or (2). Appearances are required on 9/10/19, but counsel may appear by telephone.
Debtor(s):
Keith Williams Represented By Khachik Akhkashian
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
(Santander Consumer USA Inc. dba Chrysler Capital VS Debtors)
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jose Luis Alvarez Gomez Represented By
D Justin Harelik
Joint Debtor(s):
Yessenia Alvarez Represented By
D Justin Harelik
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Dao Hong Ly Represented By
Lionel E Giron
Trustee(s):
Heide Kurtz (TR) Pro Se
1:30 PM
Adv#: 2:19-01208 Philadelphia Indemnity Insurance Company v. Advance Specialty Care, LLC
Docket 1
Off calendar. Continued by stipulation and order to 10/16/19 at 11:00 a.m.
No appearances are required on 9/10/19.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
Defendant(s):
Advance Specialty Care, LLC Pro Se
Plaintiff(s):
Philadelphia Indemnity Insurance Represented By
Lane K Bogard
Lisa Darling-Alderton
1:30 PM
fr. 7/16/19, 8/20/19
Docket 37
Updated tentative ruling as of 9/9/19. No tentative ruling on the merits. Appearances are required on 9/10/19, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. Both parties failed to provide separate tabs for exhibits attached to judge's copies of their papers as required by LBR 5005-2(d). Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Oscar Gomez Navarrete Represented By Brad Weil
Trustee(s):
Brad D Krasnoff (TR) Pro Se
1:30 PM
Docket 1
No tentative ruling as of 9/9/19. Appearances are required on 9/10/19.
Debtor(s):
KSG Investments, LLC Pro Se
2:00 PM
Adv#: 2:19-01205 Evans et al v. Tippie et al
fr. 8/13/19
Docket 6
Updated tentative ruling as of 9/10/19. This matter is continued to 11/5/19 at 2:00 p.m. pursuant to the court’s order entered on 9/6/19. No appearance is required 9/10/19.
Updated tentative ruling as of 9/9/19. No tentative ruling on the merits. The matter is still staying pending a ruling by Judge Brand on Plaintiff's motion to recused the assigned judge. Appearances are required on 9/10/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Off calendar. The court on its own motion has issued an order continuing the hearing on the motion to 9/10/19 at 2:30 p.m. pending resolution of Plaintiff's motion to recuse the assigned judge. No appearances are required on 8/13/19.
Debtor(s):
C & M Russell, LLC Represented By Alan G Tippie Elizabeth Jiang
Defendant(s):
Alan G. Tippie Represented By
David J Richardson
2:00 PM
SulmeyerKupetz, APC Represented By
David J Richardson
Plaintiff(s):
Mattie Belinda Evans Pro Se
C & M Russell, LLC Pro Se
2:00 PM
Adv#: 2:19-01205 Evans et al v. Tippie et al
fr. 8/13/19
Docket 1
Updated tentative ruling as of 9/10/19. This matter is continued to 11/5/19 at 2:00 p.m. pursuant to the court’s order entered on 9/6/19. No appearance is required 9/10/19.
Updated tentative ruling as of 9/9/19. No tentative ruling on the merits. The matter is still staying pending a ruling by Judge Brand on Plaintiff's motion to recused the assigned judge. Appearances are required on 9/10/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Off calendar. The court on its own motion has issued an order continuing the status conference in this adversary proceeding to 9/10/19 at 2:30 p.m. pending resolution of Plaintiff's motion to recuse the assigned judge. No appearances are required on 8/13/19.
Debtor(s):
C & M Russell, LLC Represented By Alan G Tippie Elizabeth Jiang
Defendant(s):
Alan G. Tippie Represented By
David J Richardson
2:00 PM
SulmeyerKupetz, APC Represented By
David J Richardson
Plaintiff(s):
Mattie Belinda Evans Pro Se
C & M Russell, LLC Pro Se
2:30 PM
Docket 181
Grant trustee's motion objecting to proof of claim of claimant Madeeha Kibriya, aka Linda Kebrea, on grounds that the claim is not entitled to priority claim status for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 9/10/19, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H McGuire Irwin M Wittlin
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
2:30 PM
Application for fees and expenses [Wesley H. Avery, Chapter 7 Trustee]
Docket 46
Off calendar. Continued by stipulation and order to 10/15/19 at 2:30 p.m. No appearances are required on 9/10/19.
Debtor(s):
Martin Pinon Represented By
Raymond Perez
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:30 PM
Docket 44
Off calendar. Continued by stipulation and order to 10/15/19 at 2:30 p.m. No appearances are required on 9/10/19.
Debtor(s):
Martin Pinon Represented By
Raymond Perez
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 41
Off calendar. Continued by stipulation and order to 10/15/19 at 2:30 p.m. No appearances are required on 9/10/19.
Debtor(s):
Martin Pinon Represented By
Raymond Perez
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:30 PM
Application for fees and expenses [Wesley H. Avery, Chapter 7 Trustee]
Docket 30
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 9/10/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Dean-Paul Aguirre Represented By
D Justin Harelik
Joint Debtor(s):
Paloma Aguirre Represented By
D Justin Harelik
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
fr. 8/20/19
Docket 323
Off calendar. Continued by stipulation and order to 10/2/19 at 11:30 a.m. No appearances are required on 9/10/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith Riley C Walter
2:30 PM
Docket 14
Deny debtor's motion to convert case from Chapter 7 to Chapter 13 because debtor has already received her Chapter 7 discharge, and thus, having obtained the benefits of Chapter 7 by receiving her discharge, is seeking to avoid the burdens that went with that discharge by preventing the Chapter 7 trustee from fully administering the Chapter 7 bankruptcy estate. In re Santos, 561 B.R. 825 (Bankr. C.D. Cal. 2017); see also, In re Estrada, 568
B.R. 533 (Bankr. C.D. Cal. 2017); but see, In re Carvalho, 2018 WL 4737215 (Bankr. D. D.C. 2018). Appearances are required on 9/10/19, but counsel may appear by telephone.
Debtor(s):
Isela Cruz Represented By
D Justin Harelik
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
fr. 8/13/19
Docket 16
No tentative ruling as of 9/9/19. Appearances are required on 9/10/19, but counsel may appear by telephone.
Debtor(s):
Armando C De La Peza Represented By James R Selth
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
Docket 32
No tentative ruling as of 9/9/19. Appearances are required on 9/10.
Debtor(s):
Manhua Hu Pro Se
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
11:00 AM
Docket 203
Updated tentative ruling as of 9/9/19. No tentative ruling on the merits. Appearances are required on 9/11/19.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/1/18. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 8/1/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/21/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/15/17, but counsel may appear by
11:00 AM
telephone.
Prior tentative ruling as of 5/5/17. The court has reviewed debtor's status report. The court notes that the chart is missing the operative date for the amounts required to be paid, though the text of the report states that the date is the date of the report. Debtor needs to clarify the date for the amounts required to be paid. Otherwise, no tentative ruling on the merits. Debtor should also report on the rental situation, i.e., is the Burbank property rented out, and how much are her children paying on the Hacienda Heights property each. Appearances are required on 5/10/17, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 11/14/16. The court has reviewed debtor's status report. Appearances are required on 11/16/16, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures (posted online on the court's website).
Prior tentative ruling as of 9/12/16. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/24/16 to discuss scheduling of further proceedings, but self-represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 7/25/16. No tentative ruling on the merits. Appearances are required on 7/27/16, but self-represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 6/13/16. Off calendar. The court has reviewed debtor's motion requesting an extension of time to file the post-confirmation status report, reporting that she was recently injured, and the court on its own motion continues the status conference to 7/27/16 at 11:00 a.m. with an updated status report due for filing on 7/20/16. No appearances are required on 6/15/16.
Prior tentative ruling as of 3/14/16. The court has reviewed debtor's status
11:00 AM
report. No tentative ruling. Appearances required on 3/16/16, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 9/15/15. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 9/16/15, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling as of 3/3/15. The court has reviewed debtor's status report. No tentative ruling. Appearances required on 3/4/15, but self- represented debtor and counsel may appear by telephone in accordance with the court's telephone appearance procedures.
Updated tentative ruling as of 9/3/14. The court has reviewed the Debtor's status report filed 7/24/2014. No tentative ruling. Appearances required on 9/4/14.
Prior tentative ruling as of 3/17/14. The court has reviewed the United States Trustee (UST)'s report on discovery efforts and results and debtor's objection to the UST's request for further continuance. No tentative ruling on the merits. Appearances are required on 3/19/14.
Prior tentative ruling as of 2/10/14. No tentative ruling. Plan confirmation may be a contested matter under FRBP 9014 requiring an evidentiary hearing. Objecting parties United States Trustee and Deutsche Bank to show excuse for late filing of objections to plan. Debtor to address feasibility of plan, cramdown plan treatment of Deutsch Bank pursuant to its 11 U.S.C.
1111(b) election (i.e., proposed 23-year payout of secured claim may not be proper) and how Stonger vote and objection should be addressed (i.e., what authority exists to disregard Stonger vote or recognize inconsistent ballots, if they are indeed inconsistent rather than unintentionally mistaken.)).
Appearances are required on 2/12/14.
Prior tentative ruling as of 12/2/13. At the last hearing on the disclosure statement, debtor indicated that she would submit financial projections as requested by the United States Trustee. Appearances are required on
11:00 AM
12/4/13, but counsel may appear by telephone.
No tentative ruling as of 10/28/13. Appearances are required on 10/30/13. Debtor to address objections of United States Trustee and secured creditor Deutsche Bank. Although a confirmation matter, the court is not inclined to confirm a plan with a 36 year payout on the secured claim since no apparent justification is provided for the protracted payment and such appears to be discriminatory and unduly shifting the risk of lack of plan feasibility to that creditor. Appearances are required on 10/3013.
Debtor(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
Movant(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
11:00 AM
Docket 1
Updated tentative ruling as of 9/9/19. No tentative ruling on the merits. Appearances are required on 9/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
11:00 AM
Docket 1
Updated tentative ruling as of 9/9/19. No tentative ruling on the merits. Appearances are required on 9/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
Renee E Sanders
11:00 AM
fr. 8/28/19
Docket 160
Updated tentative ruling as of 9/9/19. No tentative ruling on the merits. Appearances are required on 9/10/19, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling will issued for the motion heard on shortened notice.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
10:00 AM
fr. 4/3/19, 5/15/19, 7/19/19
Docket 2423
Updated tentative ruling as of 9/6/19. Off calendar. Further hearing
continued to 10/24/19 at 10:00 a.m. by order granting plan agent's motion for continuance. No appearances are required on 9/12/19.
Prior tentative ruling as of 7/15/19. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 7/19/19.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling. Since the parties do not dispute that movant is not in technical compliance with LBR 2004-1 regarding a prefiling conference, the court will order movant to comply with this prefiling conference requirement before ruling on the motion on the merits.
In reviewing the motion, the court has concerns regarding the volume of documents requested by movant which do not appear to be entirely relevant and reasonable and appears to be burdensome and oppressive. In some respect, movant has proposed modifications in the document production requests in his reply, which should be discussed by the parties in their prefiling conference under LBR 2004-1(a).
It seems to the court that movant has standing to request "reasonable and relevant" information about estate administration, but not all the information requests seem to be reasonable and relevant and may be proprietary
10:00 AM
information not available to parties who intend to compete with debtor's business, such as movant. That movant has a right to ply his trade does not mean that he is entitled to proprietary information of the estate to compete with debtor.
The court will set a further hearing on the motion for a date that the parties have had their prefiling conference and have had an opportunity to identify and discuss in further briefing their remaining differences.
Appearances are required on 2/19/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Movant(s):
Douglas Chrismas Represented By David B Shemano Alan W Forsley Jonathan Shenson
10:30 AM
fr. 7/16/19
Docket 63
No updated tentative ruling as of 9/16/19. Appearances are required on 9/17/19, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling in light of the trustee's opposition to the motion. Appearances are required on 7/16/19 to discuss scheduling of further proceedings, including setting an evidentiary hearing on valuation, but counsel may appear by telephone.
Debtor(s):
Dean Henrik Okland Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 84
No tentative ruling in light of the trustee's opposition to the motion. Appearances are required on 9/17/19 to discuss scheduling of further proceedings, including setting an evidentiary hearing on valuation, but counsel may appear by telephone.
Debtor(s):
Dean Henrik Okland Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jeffrey S Shinbrot
10:30 AM
Docket 14
Service of the moving papers is deficient because movant did not serve a judge's copy with separately tabbed exhibits as required by Local Bankruptcy Rule 5005-2(d). Movant will need to provide the court with a properly tabbed judge's copy in order for the court to consider the motion. Appearances are required on 9/17/19, but counsel may appear by telephone.
Debtor(s):
Messiah Trucking, Inc. Represented By Lane K Bogard
Trustee(s):
John P Pringle (TR) Pro Se
10:30 AM
(Ford Motor Credit Company LLC VS Debtor)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jeremy William Lyne Represented By
Nicholas Nicholas Wajda
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
(Cordary Group Two, LLC and Real Estate Connection VS Debtor)
Docket 13
The moving papers violate FRBP 9037 and LBR 9037-1 because they contain unredacted personal identifiers of debtor and his spouse in exhibit 2 of the moving papers. The moving papers fail to make a showing to justify retroactive annulment of stay based on the factors set forth in In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013). No tentative ruling on the merits in light of debtor's opposition to the motion. Appearances are required on 9/17/19, but counsel may appear by telephone.
Debtor(s):
Mario Smith Represented By
Marc A Goldbach
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
10:30 AM
(Wilmington Savings Fund Society FSB dba Christiana Trust VS Debtor) fr. 9/10/19
Docket 25
Updated tentative ruling as of 9/16/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. The moving papers are deficient because movant did not attach the debtor's schedules showing the value of the property rather a copy of a Home Affordable Modification Agreement was attached. Thus, movant has not met its burden to show the lack of equity under 11 U.S.C.
362(g)(1) to establish its claim under either 11 U.S.C. 362(d)(1) or (2). Appearances are required on 9/10/19, but counsel may appear by telephone.
Debtor(s):
Keith Williams Represented By Khachik Akhkashian
10:30 AM
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 65
Updated tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/17/19 to discuss the status of the parties' settlement negotiations regarding plan treatment of creditor's claim and scheduling of further proceedings on the motion if the matter is not settled, but counsel may appear by telephone.
Prior tentative ruling as of 8/26/19. Appearances are required on 8/27/19, but counsel may appear by telephone.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
Movant(s):
U.S. Bank Trust National Represented By
Kristin A Zilberstein
11:00 AM
(2) approving the sale of real property to Foster Farms, LLC free and clear of all liens, claims, encumbrances and interests, other than permitted encumbrances; (3) vacating a prior sale order regarding the subject real property; and (4) granting related relief;
Docket 355
No tentative ruling will be issued on the motion heard on shortened notice. Appearances are required on 9/17/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith Riley C Walter
1:30 PM
Adv#: 2:14-01502 Rund, Chapter 7 Trustee v. Microland Electronics Corporation, a California
and Abetting Breach of Fiduciary Duty; 5. Intentional Interference with Prospective Economic Advantage; and 6. Negligent Interference with Prospective Economic Advantage [11 U.S.C. §§544, 547, 548(a)(1)(A) and (B), 550(a)(1) and
(2) and California Civil Code §3439, et seq.] fr. 11/27/18, 2/26/19, 5/7/19
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order. No appearances are necessary.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H Mcguire Irwin M Wittlin
Defendant(s):
Microland Electronics Corporation, Pro Se
Plaintiff(s):
Jason M. Rund, Chapter 7 Trustee Represented By
Corey R Weber
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber
1:30 PM
Michael W Davis
Jason M Rund (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
1:30 PM
Adv#: 2:19-01126 Gonzalez v. Avery
$24,554 as they are not property of the estate fr. 7/16/19
Docket 1
Off calendar. Adversary proceeding dismissed by order entered on 7/19/19. No appearances are necessary.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Wesley Avery Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
1:30 PM
Adv#: 2:16-01332 All In One Trading, Inc., a California corporation v. Chaparala
fr. 3/12/19, 5/28/19, 6/25/19
Docket 1
Updated tentative ruling as of 9/16/19. Off calendar. The court has reviewed the joint status report. Set a discovery cutoff date of 3/31/20 and a pretrial conference for 5/5/20 at 2:00 p.m. Order the parties to mediation, select a mediator and alternate by 11/1/19 and complete mediation by 5/5/20.
Appearances are required on 9/17/19 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/25/19 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 5/24/19. The status conference will be conducted with the hearing on plaintiff's motion for summary judgment on the court's 2:30 p.m. calendar. Appearances are required at 2:30 p.m., not 1:30 p.m.
Prior tentative ruling as of 3/11/19. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference to 5/28/19 at 1:30 p.m. based on plaintiff's intention to notice a motion for summary judgment for hearing in April or May 2019. The court on its own motion continues the status conference to 5/28/19 at 1:30 p.m. No appearances are required on 3/12/19.
Debtor(s):
Rama Krishna Chaparala Represented By
1:30 PM
Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Pro Se
Plaintiff(s):
All In One Trading, Inc., a California Represented By
Richard L Barnett
Trustee(s):
Howard M Ehrenberg (TR) Represented By Richard L Barnett
1:30 PM
Adv#: 2:18-01121 Ehrenberg v. JYMK COSMETICS, INC. et al
fr. 1/29/19, 4/16/19, 6/25/19
Docket 1
Updated tentative ruling as of 9/16/19. The court has reviewed plaintiff's unilateral status report. Set a discovery cutoff date of 12/31/19 and a pretrial conference for 1/28/20 at 2:00 p.m. Appearances are required on 9/17/19 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 6/25/19 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Corrected tentative ruling as of 4/15/19. The court has reviewed plaintiff’s unilateral status report, stating that plaintiff intends to file a motion for default judgment and requesting a continuance of the status conference to late June or early July 2019. The court on its own motion continues the status conference to 6/25/19 at 1:30 p.m., and an updated status report is optional for this status conference, but if one is filed, it would be appreciated if it is filed at least one week before. No appearances are required on 4/16/19.
Revised tentative ruling as of 1/29/19. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 1/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. The court has reviewed plaintiff’s unilateral status report, stating that plaintiff intends to file a motion for default judgment and requesting a continuance of the status conference to late January 2019.
1:30 PM
The court on its own motion continues the status conference to 1/29/19 at 1:30 p.m. Counsel for trustee to give notice if required because any defendant has appeared. No appearances are required on 11/6/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. Because default has been entered against defendant and plaintiff has represented that it intends to file a motion for default judgment shortly, the court on its own motion continues the status conference for about 60 days to 11/6/18 at 1:30 p.m. so plaintiff can file its motion for default judgment. No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. Because defendants have not responded to the complaint and plaintiff intends to request entry of their default, the court is inclined to continue the status conference for about 60 days so plaintiff can file a request for entry of default. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
JYMK COSMETICS, INC. Pro Se
In One Corporation Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer
1:30 PM
Michael Fischer
1:30 PM
Adv#: 2:18-01122 Ehrenberg v. Perfumerie, Inc. et al
fr. 1/29/19, 4/16/19, 6/25/19
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order. No appearances are necessary.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Perfumerie, Inc. Pro Se
Puja Lachmandas Pro Se
Parvez Syed Pro Se
Rajkumari Aswani Pro Se
Naintara Jiwnani Pro Se
Archana Jiwnani Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
1:30 PM
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01124 Ehrenberg v. Chaparala
fr. 1/29/19, 4/16/19, 6/25/19
Docket 1
Updated tentative ruling as of 9/16/19. The court has reviewed the joint status report. Set a discovery cutoff date of 3/31/20 and a pretrial conference for 5/5/20 at 2:00 p.m. Order the parties to mediation, select a mediator and alternate by 11/1/19 and complete mediation by 5/5/20. Appearances are required on 9/17/19 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/25/19 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Corrected tentative ruling as of 4/15/19. The court has reviewed the joint status report, stating that the parties expect to engage in settlement negotiations after defendant submits a comprehensive declaration regarding his financial condition with a personal financial statement setting forth all of his assets, liabilities, income and expenses and that the parties are requesting a continuance of the status conference for 60 days. The court on its own motion continues the status conference to 6/25/19 at 1:30 p.m., and an updated status report is optional for this status conference, but if one is filed, it would be appreciated if it is filed at least one week before. Plaintiff is ordered to submit a proposed scheduling order consistent with this tentative ruling on or before 4/19/19. No appearances are required on 4/16/19.
Revised tentative ruling as of 1/29/19. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on
1:30 PM
1/29/19 to discuss whether the parties have had their early meeting of counsel and whether the matter should be referred to mediation, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. The court has reviewed the joint status report. Set a discovery cutoff date of 3/31/19, and as requested by plaintiff, a further status conference to 1/29/19 at 1:30 p.m. Appearances are required on 11/6/18 to discuss scheduling and defendant’s request for mediation, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. Off calendar. The court has reviewed the joint status report requesting a continuance of the status conference to 11/6/18 at 1:30 p.m., which request the court grants and continues the status conference to that date and time for the reasons stated in the status report.
No appearances are required on 9/18/18.
Prior tentative ruling. The court has reviewed the joint status report. Because the parties have not had their LBR 7026-1 conference, the court is inclined to continue the status conference for about 60 days so that the parties can conduct the conference and make initial discovery disclosures. Appearances are required on 6/19/18, but counsel may appear by telephone.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Defendant(s):
Rama Krishna Chaparala Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Anthony J Napolitano
1:30 PM
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
1:30 PM
Adv#: 2:18-01351 Mover v. Jaurigui
§§727(a)(2), 727(a)(4)
fr. 1/8/19, 6/11/19, 6/25/19
Docket 1
Updated tentative ruling as of 9/16/19. Because the discovery cutoff date was extended to 12/31/19 and discovery is continuing to that date, the court was inclined to set a post-discovery status conference or a pretrial conference for after the discovery cutoff date. Appearances are required on 9/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling. Set a discovery cutoff date of 8/30/19 and a post- discovery status conference on 9/17/19 at 1:30 p.m. A joint status report is due on 9/10/19. Appearances are required on 1/8/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
1:30 PM
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
Jonathan Mover Represented By Steven R Fox
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Adv#: 2:18-01352 Swing House Rehearsal and Recording, Inc. v. Jaurigui
fr. 1/8/19, 6/11/19, 6/25/19
Docket 1
Updated tentative ruling as of 9/16/19. Because the discovery cutoff date was extended to 12/31/19 and discovery is continuing to that date, the court was inclined to set a post-discovery status conference or a pretrial conference for after the discovery cutoff date. Appearances are required on 9/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling. Set a discovery cutoff date of 8/30/19 and a post- discovery status conference on 9/17/19 at 1:30 p.m. A joint status report is due on 9/10/19. Appearances are required on 1/8/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
1:30 PM
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
Swing House Rehearsal and Represented By Steven R Fox
Trustee(s):
Jason M Rund (TR) Pro Se
1:30 PM
Docket 20
Off calendar. Order to show cause has been discharged by a subsequent
order. No appearances are required on 9/17/19.
Debtor(s):
Carlos Joel Armienta Represented By Steven A Alpert
L. Tegan Rodkey
Joint Debtor(s):
Tania Gisela Armienta Represented By Steven A Alpert
L. Tegan Rodkey
Trustee(s):
Timothy Yoo (TR) Pro Se
1:30 PM
Adv#: 2:18-01283 Camel Financial, Inc. v. Bowes et al
fr. 11/13/18, 3/5/19, 5/7/19
Docket 1
Updated tentative ruling as of 9/17/19. Set a discovery cutoff date of 10/31/19 and a post-discovery status conference on 11/19/19 at 1:30 p.m. Appearances are required on 9/17/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/4/19. Off calendar. The court has reviewed plaintiff's unilateral status report. The court on its own motion continues the status conference to 5/7/19 at 1:30 p.m. in order to allow time for plaintiff to prepare and file a motion for default judgment. No appearances are required on 3/5/19.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 11/13/18.
Debtor(s):
Nicholas Bowes Pro Se
Defendant(s):
Nicholas Bowes Pro Se
Luddivina Bowes Pro Se
1:30 PM
Joint Debtor(s):
Luddivina Bowes Pro Se
Plaintiff(s):
Camel Financial, Inc. Represented By Darren B. Landie Jerome S Demaree
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Adv#: 2:18-01296 Swift Financial, LLC fka Swift Financial Corporati v. Cohen
under 11 U.S.C. §523(a)(6) fr. 11/27/18, 6/11/19
Docket 1
Updated tentative ruling as of 9/16/19. The court has reviewed the joint status report. Set a pretrial conference for 1/28/20 at 2:00 p.m. and a deadline of 1/21/20 for filing a joint pretrial stipulation. Appearances are required on 9/17/19.
Prior tentative ruling as of 6/10/19. Off calendar. The court has reviewed plaintiff's interim status report stating that the alternate mediator would be able to complete a mediation in mid-June and requested a continuance of 30 days. The court on its own motion continues the status conference to 6/25/19 at 1:30 p.m. No appearances are required on 6/11/19. Plaintiff to give notice of continuance to defendant.
Prior tentative ruling. Set a discovery cutoff date of 5/31/19 and a post- discovery status conference on 6/11/19 at 1:30 p.m. with a joint status report due on 6/4/19. Order the matter to mediation, and the parties to file a selection of mediator and alternate mediator by 1/31/19 and complete mediation by 6/11/19. Appearances are required on 11/27/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website. Plaintiff to submit a proposed scheduling order within 7 days of the status conference.
1:30 PM
Debtor(s):
Avi Cohen Represented By
Joshua L Sternberg
Defendant(s):
Avi Cohen Pro Se
Plaintiff(s):
Swift Financial, LLC fka Swift Represented By Daren M Schlecter
Trustee(s):
Carolyn A Dye (TR) Pro Se
1:30 PM
Adv#: 2:18-01432 Swift Financial, LLC v. Gonzalez
5) debts incurred through willful and malicious injury to property under 11 U.S.C. § 523(a)(6); 6) objection to discharge under 11 U.S.C. §727(a)(5)
fr. 2/12/19
Docket 1
Off calendar. Continued to 10/15/19 at 1:30 p.m. by prior order. No appearances are required on 9/17/19.
Debtor(s):
Don Gonzalez Pro Se
Defendant(s):
Don Gonzalez Pro Se
Plaintiff(s):
Swift Financial, LLC Represented By Daren M Schlecter
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
fr. 6/11/19, 7/16/19
Docket 39
Updated tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. The court has reviewed the joint status report. Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
1:30 PM
Adv#: 2:19-01140 GemCap Lending I, LLC v. Great Rock Capital Partners Management, LLC
Docket 1
- NONE LISTED -
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
Defendant(s):
Great Rock Capital Partners Pro Se
Plaintiff(s):
GemCap Lending I, LLC Represented By Carol Chow
1:30 PM
Adv#: 2:19-01214 Katz et al v. CITIBANK, N.A. et al
(2) Recovery of Preferential Transfers; (3) Avoidance of Post-Petition Transfers;
(4) Recovery of Post-Petition Transfers; (5) Preservation of Avoided Transfers; and
(6) Disallowance of Claims
Docket 1
NONE LISTED -
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Defendant(s):
CITIBANK, N.A. Pro Se
Citi Pro Se
Citigroup, Inc. Pro Se
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Plaintiff(s):
Roslyn Soudry Katz Represented By Victor A Sahn
1:30 PM
Robert David Katz Represented By Victor A Sahn
1:30 PM
Adv#: 2:19-01215 Katz et al v. Capital One et al
(2) Recovery of Preferential Transfers; (3) Avoidance of Post-Petition Transfers;
(4) Recovery of Post-Petition Transfers; (5) Preservation of Avoided Transfers; and
(6) Disallowance of Claims
Docket 1
NONE LISTED -
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Defendant(s):
Capital One Pro Se
Capital One, National Association Pro Se Capital One Bank (USA) Pro Se Capital One Bank (USA), National Pro Se
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Plaintiff(s):
Roslyn Soudry Katz Represented By
1:30 PM
Victor A Sahn
Robert David Katz Represented By Victor A Sahn
1:30 PM
Adv#: 2:19-01216 Katz et al v. American Express Company, a New York Corporation e
(2) Recovery of Preferential Transfers; (3) Avoidance of Post-Petition Transfers;
(4) Recovery of Post-Petition Transfers; (5) Preservation of Avoided Transfers; and
(6) Disallowance of Claims
Docket 1
NONE LISTED -
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Defendant(s):
American Express Company, a New Pro Se American Express Pro Se
American Express Travel Related Pro Se American Express National Bank, a Pro Se
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Plaintiff(s):
Roslyn Soudry Katz Represented By
1:30 PM
Victor A Sahn
Robert David Katz Represented By Victor A Sahn
1:30 PM
Adv#: 2:19-01217 Katz et al v. Bank of America Corporation, a Delaware corporatio
Recovery of Preferential Transfers; (3) Preservation of Avoided Transfers; and
(4) Disallowance of Claims
Docket 1
NONE LISTED -
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Defendant(s):
Bank of America Corporation, a Pro Se
BANK OF AMERICA Pro Se
Bank of America, N.A., a National Pro Se
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Plaintiff(s):
Roslyn Soudry Katz Represented By Victor A Sahn
1:30 PM
Robert David Katz Represented By Victor A Sahn
1:30 PM
#25.00 Cont'd status conference re: Involuntary petition fr. 8/13/19
Docket 1
Updated tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/17/19.
Prior tentative ruling. The date of service on the proof of service of the involuntary petition is blank and not under declaration of penalty of perjury, and a corrected proof of service needs to be filed. Assuming the date of service is 7/24/19, the response deadline of 8/19/19 has not yet passed.
Appearances are required on 8/13/19, but counsel may appear by telephone.
Debtor(s):
Real Estate Law Center, P. C. Pro Se
1:30 PM
Docket 1
No tentative ruling as of 9/16/19. Appearances are required on 9/17/19.
Debtor(s):
Denise Renee Richey Pro Se
2:00 PM
(b) for monetary and other sanctions under 11 U.S.C. 303(i), (k) fr. 8/20/19, 8/29/19
Docket 6
Updated tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/17/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 8/26/19. Appearances are required on 8/29/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set an evidentiary hearing on the motion. Appearances are required on 8/20/19 to discuss scheduling.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
2:00 PM
Docket 1
Updated tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/17/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 8/26/19. Appearances are required on 8/29/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set an evidentiary hearing on the motion. Appearances are required on 8/20/19 to discuss scheduling.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
2:30 PM
Docket 445
No tentative ruling as of 9/16/19. Appearances are required on 9/17/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
2:30 PM
Application for fees and expenses [Sam S Leslie, Chapter 7 Trustee]
Docket 70
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 9/17/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Martha L Amerine Represented By Marc A Goldbach
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
2:30 PM
[LEA Accountancy, LLP, Accountant for Chapter 7 Trustee]
Docket 66
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 9/17/19, but applicant and counsel may appear by telephone.
Applicant or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Martha L Amerine Represented By Marc A Goldbach
Trustee(s):
Sam S Leslie (TR) Represented By Christian T Kim James A Dumas Jr
2:30 PM
Application for fees and expenses [Sam S Leslie, Chapter 7 Trustee]
Docket 82
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 9/17/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Dwight Henry Represented By Gary Leibowitz
Jacqueline D Serrao
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
2:30 PM
[Gonzalez & Associates, P.L.C., Attorney for Chapter 7 Trustee]
Docket 80
Approve final fee application of general bankruptcy attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 9/17/19, but applicant and counsel may appear by telephone. Applicants or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Dwight Henry Represented By Gary Leibowitz
Jacqueline D Serrao
Trustee(s):
Sam S Leslie (TR) Represented By Rosendo Gonzalez
2:30 PM
Application for fees and expenses [Carolyn A. Dye, Chapter 7 Trustee]
Docket 41
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 9/17/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Cindy Hernandez Salcedo Represented By Matthew D Resnik
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
[LEA Accountancy, LLP, Accountant for Chapter 7 Trustee]
Docket 37
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 9/17/19, but applicant and counsel may appear by telephone.
Applicant or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Cindy Hernandez Salcedo Represented By Matthew D Resnik
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
Docket 136
Off calendar. Motion withdrawn by stipulation and order. No appearances are required on 9/17/19.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
Application for fees and expenses [Sam S. Leslie, Chapter 7 Trustee]
Docket 24
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 9/17/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Susan Ellen Wertz Represented By
D Justin Harelik
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
Docket 22
Off calendar. By prior order, the court took the motion under submission after determining that oral argument is unnecessary and dispensed with it. A written order will be issued. No appearances are required on 9/17/19.
Debtor(s):
Susie Guerrero Represented By Michael D Luppi
Trustee(s):
Timothy Yoo (TR) Pro Se
2:30 PM
Docket 23
Treat as a contested matter under FRBP 9014 and set an evidentiary hearing since there are disputed issues of material fact for the court to resolve to rule on the motion. See In re Perrotta, 378 B.R. 27, 30 (Bankr. D. N.H. 2007).
The parties dispute whether the presumption of abuse arises and how the means test is computed here, and the results may change if debtor amends his schedules as he represented in his opposition. Movant has not shown that debtor may not amend his schedules for purposes of the means test in light of the liberality of the policy to allow a debtor to amend his schedules under FRBP 1009. The court will treat the hearing as a status conference in which the court will discuss scheduling of further proceedings. The parties should be prepared to discuss their pretrial needs, including discovery.
Appearances are required on 9/17/19, but counsel may appear by telephone.
Debtor(s):
Eric John Kaesman Represented By Stephen A Madoni Maureen Strube
Trustee(s):
Edward M Wolkowitz (TR) Represented By Nancy H Zamora
11:00 AM
fr. 7/31/19
Docket 2100
Revised tentative ruling as of 9/17/19. The court will call the matter for hearing no earlier than 11:30 a.m. after the other matters on the 11:00 a.m. calendar are called. Movant will have 30 minutes to argue, and respondents will have 30 minutes total to argue. No tentative ruling on the merits. The court does not intend to make a ruling at the hearing because it will need to review the requested attorneys' fees for reasonableness and requests that the parties submit billing entries for each counsel whose fees are being requested on a Microsoft Excel spreadsheet file to aid the court in ruling on the reasonableness of the fees requested as to each billing entry (the court will ask that the parties email the file to the judge's law clerk or courtroom deputy). Appearances are required on 9/18/19, but counsel may appear by telephone.
Debtor(s):
Crystal Cathedral Ministries Represented By Marc J Winthrop Kavita Gupta
G Emmett Raitt Nanette D Sanders Jeannie Kim Douglas L Mahaffey
11:00 AM
Docket 59
Updated tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Debtor(s):
Chestnut, LLC Represented By Raymond H Aver
Movant(s):
Chestnut, LLC Represented By Raymond H Aver
11:00 AM
L.L.P. for approval of fees and reimbursement of expenses for Kurt Ramlo, Debtor's Attorney, Period: 11/16/2015 to 5/6/2016, Fee: $618,081.00, Expenses: $44,014.52. fr. 6/6/18, 8/8/18, 12/5/18, 5/1/19
Docket 2000
Updated tentative ruling as of 9/17/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:00 AM
fr. 8/8/18, 12/5/18, 12/12/18, 5/1/2019
Docket 2004
Updated tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:00 AM
Docket 1
Updated tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/12/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. The court has reviewed the plan agent's status report. No tentative ruling on the merits. Appearances are required on 6/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/18. The court has reviewed the plan agent's status report. No tentative ruling on the merits. Appearances are required on 1/31/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/14/17. The court has reviewed plan agent's status report. No tentative ruling on the merits. Appearances are required on 8/16/17, but counsel may appear by telephone.
No updated tentative ruling as of 5/16/17. Appearances are required on 5/17/17, but counsel may appear by telephone.
No updated tentative ruling as of 2/13/17. Appearances are required on 2/15/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the plan agent's
11:00 AM
postconfirmation status report. No tentative ruling on the merits. The court is interested in hearing from the plan agent and the parties regarding the status of plan implementation in light of the current administrative insolvency of the case, including the ability of reorganized debtor to fund continuing operations, possible resolution of plan defaults from inability and failure of the estate/reorganized debtor to pay allowed administrative expense claims now due, and the status of settlement discussions with the Wilshire property landlord and art consignor creditors. Appearances are required on 9/21/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
11:00 AM
Docket 94
Off calendar. Case dismissed by order entered on 8/29/19. No appearances are necessary.
Debtor(s):
Stassen Conrad Goins Represented By Brad Weil
11:00 AM
Docket 109
Updated tentative ruling as of 9/16/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/30/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 1
Updated tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/25/19. Off calendar. Continued by stipulation and order to 6/12/19 at 11:00 a.m. No appearances are required on 3/27/19.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/14/19. No tentative ruling on the merits. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/25/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo
11:00 AM
Docket 53
Updated tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/30/19. No tentative ruling on the merits. Creditor PennyMac Loan Services, LLC objects to confirmation on grounds that under 11 U.S.C. 1123(b)(5) the plan impermissibly modifies a loan which is secured by debtor's principal residence by proposing payment of prepetition loan arrears over 10 years. In response, debtor argues that he may cure his default on this loan under 11 U.S.C. 1123(a)(5)(G) and the proposed 10 year payment of prepetition arrearages is impermissible, citing In re Entz-White Lumber & Supply, Inc., 850 F.2d 1338 (9th Cir. 1988) and In re LaPorta, 578
B.R. 792 (Bankr. N.D. Ill. 2017). Neither party cites or discusses 11 U.S.C. 1123(d), which appears to be applicable here, and states: "Notwithstanding subsection (a) of this section and section 506(b), 1129(a)(7), and 1129(b) of this title, if it is proposed in a plan to cure a default the amount necesary to cure the default shall be determined in accordance with the underlying agreement and applicable nonbankruptcy law." When the payment is made affects how much, i.e., the amount, if one considers the time value of money, which is why the court is not so sure that the language of In re LaPorte, 578
B.R. 792 (Bankr. N.D. Ill. 2017) that 11 U.S.C. 1123(d) only applies to the amount of cure as to the time of cure is correct. See In re Fowler, 903 F.2d 694 (9th Cir. 1990). Debtor's reliance on Entz-White is questionable since it is reliant on pre-1994 law which amended 11 U.S.C. 1123(d). In re New Investments, Inc., 840 F.3d 1137 (9th Cir. 2016). PennyMac is an impaired creditor of nonaccepting Class 2, which did not vote, but its failure to cast a vote is not acceptance. In re M. Long Arabians, 103 B.R. 211 (9th Cir. BAP 1989); but see, In re Rudi-Sweetwater, Inc., 836 F.2d 1263 (10th Cir. 1988). Debtor must show that the nonconsenting secured creditor retains its lien and is receiving deferred payments until paid in full, i.e., receiving the present
11:00 AM
value of the deferred payments equals the present value of the property under 11 U.S.C. 1129(b)(2)(A)(i)(I) and (ll). As to the length of the payout, the court should look at 11 U.S.C. 1123(d) and look specifically whether the 10 year payout on prepetition arrearages is consistent with the underlying agreement and applicable nonbankruptcy law, neither of which are really discussed in the parties' papers. Set an evidentiary hearing on a contested plan confirmation proceeding to determine whether debtor has met his burden of proving that his treatment of secured creditor PennyMac is fair and equitable under 11 U.S.C. 1129(b)(2)(A). Parties should be prepared to discuss their pretrial needs, including discovery. Appearances are required on 5/1/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. Appearances are required on 2/27/19, but counsel may appear by telephone.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes Luis A Solorzano
11:00 AM
Docket 58
Updated tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. Appearances are required on 6/12/19 regarding scheduling debtor's appearance before the court, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Although the amended disclosure statement is an improvement over the last version, the information is not completely adequate because debtor's listing of business expenses is inadequate and does not state what they are. Debtor should break down what they specifically are, and debtor should provide a historical breakdown of such specific expenses over the last 12 months. The court notes that the expenses are not evenly spread out during the last 12 months, but apparently are large in a few months and small in other months. Since the plan payments are so small, the court believes that it needs to give debtor's expenses close scrutiny, so that meaningful information is given to creditors for voting. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling. The matter of debtor's motion to value secured claim or lien as to Lending 1st Mortgage, LLC is not yet resolved and needs to be resolved before the case may proceed to plan confirmation. It appears that
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even though the motion is resolved as to Specialized Loan Servicing by stipulation and order, the motion is not resolved as to the other lien creditor and that the motion should be renoticed for hearing.
Debtor will have to provide additional information for the disclosure statement relating to: (1) his business expenses for which a detailed statement is required for Schedule I/J, and which was not provided either with the schedule or in Exhibit F; (2) his payments on the first deed of trust, for which there is no detailed breakdown of principal, interest, taxes, and other expenses; (3) and debtor should also provide financial projections for the entire 60-month duration of the plan.
The court will also require that debtor provide a narrative statement about his employment history and future employment prospects and his income producing activities, such as the investment real property and its income prospects, such as rental increases or decreases.
Appearances are required on 1/16/19, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
Docket 1
Updated tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. Appearances are required on 7/17/19, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
Docket 197
Off calendar. Continued by stipulation and order to 10/10/19 at 11:00 a.m.
No appearances are required on 9/18/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
11:30 AM
fr. 7/31/19
Docket 258
Updated tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling. Deny motion of United States Trustee to dismiss case for the reasons stated in the opposition of debtor on condition that debtor promptly file and serve a motion for final decree with supporting declarations demonstrating that all plan payments and other required payments have been made. Appearances are required on 7/31/19, but counsel may appear by telephone.
Debtor(s):
Gary Wayne Barker Sr Represented By
Dennis E McGoldrick
10:00 AM
fr. 7/27/18, 10/4/18, 1/17/19, 5/30/19
Docket 20
Updated tentative ruling as of 8/16/19. Off calendar. Continued by stipulation and order to 11/14/19 at 10:00 a.m. No appearances are required on 9/19/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding debtor's good faith in filing this case and whether the filing of debtor's petition was part of a scheme to hinder, delay or defraud creditors. The court will conduct the hearing as a status conference, and the parties should be prepared to discuss scheduling of an evidentiary hearing. Appearances are required on 5/22/18, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
10:00 AM
fr. 4/30/19, 6/11/19
Docket 52
Updated tentative ruling as of 9/16/19. The evidentiary hearing on trustee's motion objecting to the claim of Ruben Saidian is continued to December 11, 2019 at 1:30 p.m. A written order continuing the hearing is being entered. The court will keep this hearing on calendar just in case that Mr. Saidian appears on 9/20/19 because he is self-represented and that there is a need to order any subpoenaed witnesses to return on December 11, 2019. Appearances are optional on 9/20/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 6/10/19. Treat as a contested matter under Federal Rule of Bankruptcy Procedure 9014 and set an evidentiary hearing and trial on the objection to Claim 9-1 of Ruben Saidian. The court does not expect that the trial would be long, perhaps 1-2 hours, and the court expects one of the parties to subpoena the debtor to testify as a trial witness. Alternatively, the parties may bring cross-motions for summary judgment. Appearances are required on 6/11/19 to discuss scheduling of pretrial proceedings and trial, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Grant trustee's motions objecting to Claim 7-1 of Bijan Navidbakhsh, Claim 9-1 of Ruben Saidian and Claim 10-1 of Farshid Shohed for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 4/30/19, but counsel may appear by telephone.
10:00 AM
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
George E Schulman
11:00 AM
fr. 9/17/19
Docket 355
Off calendar. At the request of Debtor, the court has continued the hearing on 9/27/19 at 11:00 a.m. to 9/30/19 at 2:30 p.m. in order for the parties to finalize their transactional documents for the sale of certain estate assets, which they had previously expected to complete before the hearing on 9/27/19. The court has authorized Debtor to file the Debtor's Notice of Continued Holding Date for the Court to Further Consider Debtor's Emergency Motion for Entry of an Order: (1) Approving Settlement Agreement; (2) Approving the Sale of Real Property to Foster Farms, LLC Free and Clear of All Liens, Claims, Encumberances and Interests, other than Permitted Encumberances; (3) Vacating a Prior Sale Order Regarding the Subject Real Property; and (4) Granting Related Relief, which was filed on 9/25/19. Based on this notice authorized by the court, the hearing is continued from 9/27/19 at 11:00 a.m. to 9/30/19 at 2:30 p.m.. No appearances are required on 9/27/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith Riley C Walter
2:30 PM
fr. 9/17/19, 9/27/19
Docket 355
NONE LISTED -
Updated tentative ruling as of 9/27/19. The court has reviewed and approved the proposed further order re: debtor's emergency motion for entry of order approving settlement agreement, approving sale of real property to Foster Farms, LLC, free and clear of all liens, claims, encumbrances, interests, other than permitted encumbrances, vacating prior sale order and granting related relief after reviewing the proposed further order and the documents in support of the further order, including the declaration of Juliet Y. Oh attesting that the debtor, the purchaser and the parties have approved the form of the proposed further order and notice of submission of asset purchase agreements. The entry of the approved further order is pending. Appearances are optional on 9/30/19, but counsel may appear by telephone.
Prior tentative ruling. At the request of Debtor, the court has continued the hearing on 9/27/19 at 11:00 a.m. to 9/30/19 at 2:30 p.m. in order for the parties to finalize their transactional documents for the sale of certain estate assets, which they had previously expected to complete before the hearing on 9/27/19. The court has authorized Debtor to file the Debtor's Notice of Continued Holding Date for the Court to Further Consider Debtor's Emergency Motion for Entry of an Order: (1) Approving Settlement Agreement; (2) Approving the Sale of Real Property to Foster Farms, LLC Free and Clear of All Liens, Claims, Encumberances and Interests, other than Permitted Encumberances; (3) Vacating a Prior Sale Order Regarding the Subject Real Property; and (4) Granting Related Relief, which was filed on 9/25/19. Based on this notice
2:30 PM
authorized by the court, the hearing is continued from 9/27/19 at 11:00 a.m. to 9/30/19 at 2:30 p.m.. No appearances are required on 9/27/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith Riley C Walter
10:30 AM
(Crown Towers Homeowners Association VS Debtor)
Docket 34
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non- opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Nikolay Machevsky Represented By Vahe Khojayan
Movant(s):
Crown Towers Homeowners Represented By Johnny White
Trustee(s):
Wesley H Avery (TR) Represented By Nancy H Zamora
10:30 AM
(Santander Consumer USA Inc. dba Chrysler Capital VS Debtor)
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Yolanda Annette Slaughter Pro Se
Movant(s):
Santander Consumer USA Inc. dba Represented By
Jennifer H Wang
Trustee(s):
Jason M Rund (TR) Pro Se
10:30 AM
(Ford Motor Credit Company LLC VS Debtor)
Docket 8
Deny without prejudice because the Chapter 7 trustee has filed a motion to sell the vehicle to Carmax and should pay off the existing lien to movant. The motion was filed on 9/24/19 pursuant to the notice and request for hearing procedure under LBR 9013-1(o). Appearances are required on 10/1/19, but counsel may appear by telephone.
Debtor(s):
SAP DIGITAL CORP. Represented By Jonathan J. Lo
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
George Phillip Tupoljew Jr. Represented By Barry E Borowitz
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non- opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Richard Joe Leal Represented By David Lozano
Trustee(s):
Sam S Leslie (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jose Orlando Monroy Represented By Allan S Williams
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
(Santander Consumer USA Inc. dba Chrysler Capital VS Debtors)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non- opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Jose Luis Alvarez Gomez Represented By
D Justin Harelik
Joint Debtor(s):
Yessenia Alvarez Represented By
D Justin Harelik
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
(Magnum Property Investments, LLC and Strategic Acquisitions, Inc. VS Debtor)
Docket 8
Off calendar. Motion withdrawn by notice filed on 9/4/19. No appearances are necessary.
Debtor(s):
Ungyong Jang Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
(Lyons Investment Properties, LLC VS Debtor)
Docket 9
No tentative ruling as of 9/30/19. Appearances are required on 10/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Nana Baidoobonso I AM Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
fr. 9/17/19
Docket 14
Updated tentative ruling as of 9/30/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. Service of the moving papers is deficient because movant did not serve a judge's copy with separately tabbed exhibits as required by Local Bankruptcy Rule 5005-2(d). Movant will need to provide the court with a properly tabbed judge's copy in order for the court to consider the motion. Appearances are required on 9/17/19, but counsel may appear by telephone.
Debtor(s):
Messiah Trucking, Inc. Represented By Lane K Bogard
10:30 AM
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
(Cordary Group Two, LLC and Real Estate Connection VS Debtor) fr. 9/17/19
Docket 13
Updated tentative ruling as of 9/30/19. No tentative ruling on the merits. Appearances are required on 10/1/19, but counsel and self-represented parties may appear telephonically in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. The moving papers violate FRBP 9037 and LBR 9037-1 because they contain unredacted personal identifiers of debtor and his spouse in exhibit 2 of the moving papers. The moving papers fail to make a showing to justify retroactive annulment of stay based on the factors set forth in In re Gasprom, Inc., 500 B.R. 598 (9th Cir. BAP 2013). No tentative ruling on the merits in light of debtor's opposition to the motion. Appearances are required on 9/17/19, but counsel may appear by telephone.
Debtor(s):
Mario Smith Represented By
Marc A Goldbach
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
1:30 PM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
fr. 4/16/19, 5/28/19, 6/25/19
Docket 1
Off calendar. Adversary proceeding dismissed by order entered on 8/21/19. No appearances are necessary.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Pro Se
Unify Credit Union Pro Se
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
1:30 PM
Adv#: 2:19-01248 Goodrich v. Blue District Distributors, LLC
§ 542
Docket 1
The court has reviewed the joint status report, indicating that the parties had not had their initial meeting of counsel under LBR 7026-1. The parties should report if they have complied with LBR 7026-1. Set a discovery cutoff date of 1/31/20, order the matter to mediation with the parties selecting a mediator and an alternate by 10/31/19. Set a post-discovery status conference for 2/18/20 at 1:30 p.m. with a status report due to be filed on 2/11/20.
Appearances are required on 10/1/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Blue District Distributors, LLC Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
1:30 PM
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01249 Goodrich v. Capital One Business Credit Corporation
§ 542
Docket 1
The court has reviewed plaintiff's unilateral status report, stating that defendant has not responded to the complaint. Set a discovery cutoff date of 12/31/19, and set a post-discovery status conference for 1/14/20 at 1:30 p.m. with a status report due to be filed on 1/7/20. Appearances are required on 10/1/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Capital One Business Credit Pro Se
Plaintiff(s):
David M Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01250 Goodrich v. EBAY, Inc.
§ 542
Docket 1
The court has reviewed plaintiff's unilateral status report, stating that defendant has not responded to the complaint, but the parties are exchanging information and plaintiff has granted defendant an informal extension of time to respond to the complaint. No tentatve ruling on the merits. Appearances are required on 10/1/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
EBAY, Inc. Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01251 Goodrich v. Eghbali
§ 542
Docket 1
Off calendar. Another summons was issued, and the status conference was reset for 11/5/19 at 1:30 p.m. No appearances are required on 10/1/19.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Michael Eghbali Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
fr. 1/29/19, 2/26/19, 3/26/19
Docket 36
Revised tentative ruling as of 10/1/19. Off calendar. Continued by stipulation and order to 12/17/19 at 1:30 p.m. No appearances are required on 10/1/19.
Debtor(s):
Seven-Bros Enterprises, Inc. Represented By Robert S Marticello Gregory M Salvato
Trustee(s):
Rosendo Gonzalez Pro Se
1:30 PM
Adv#: 2:19-01163 Starbucks Corporation v. Lee
Docket 9
Updated tentative ruling as of 10/1/19. Off calendar. The court granted the motion to dismiss by prior order, so this matter is concluded. No appearances are necessary.
Prior tentative ruling. Grant defendant's motion to dismiss for failure to state a claim upon which relief can be granted because the complaint does not put defendant on notice of what specifically he did or did not do in disclosing his income, assets or financial condition, and thus, the complaint does not state a plausible claim for relief. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
However, since this is the first complaint, the court will grant the motion to dismiss, but with leave to amend at least this one time for plaintiff to assert a plausible claim. Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
MINSEOK LEE Represented By Jaenam J Coe
Defendant(s):
Minseok Lee Represented By
Jaenam J Coe
Plaintiff(s):
Starbucks Corporation Represented By Shayne Figgins Maria Keller
1:30 PM
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:19-01163 Starbucks Corporation v. Lee
Docket 1
Off calendar. The court has reviewed the joint status report, indicating that defendant has filed a motion to dismiss the amended complaint noticed for hearing on 10/22/19 at 2:30 p.m. The court on its own motion continues the status conference to 10/22/19 at 2:30 p.m. to be conducted with the hearing on the motion to dismiss the amended complaint since that matter will have an impact on the status of the adversary proceeding. No appearances are required on 10/1/19.
Debtor(s):
MINSEOK LEE Represented By Jaenam J Coe
Defendant(s):
Minseok Lee Pro Se
Plaintiff(s):
Starbucks Corporation Represented By Shayne Figgins Maria Keller
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:19-01241 Avery v. Montano
Docket 1
Off calendar. The court has reviewed plaintiff's unilateral status report, stating that default has been entered against defendant and a motion for default judgment is noticed for hearing on 10/15/19 at 2:30 p.m. The court on its own motion continues the status conference to 10/15/19 at 2:30 p.m. to be conducted with the hearing on the motion for default judgment. No appearances are required on 10/1/19.
Debtor(s):
Rosalinda Montano Pro Se
Defendant(s):
Rosalinda Montano Pro Se
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
1:30 PM
Adv#: 2:19-01275 Avery v. Lee et al
Docket 1
The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 10/1/19, but counsel may appear by telephone.
Debtor(s):
Daniel Hyun You Represented By David Marh
Defendant(s):
Eui Jung Lee Pro Se
Daniel H. You Pro Se
Jin You Pro Se
In Kyu Kang Pro Se
Hye Kang Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Laila Masud
D Edward Hays
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Docket 1
Off calendar. The court continued the hearing to 10/23/19 at 11:30 p.m. upon
request/motion of petitioning creditor for continuance. No appearances are required on 10/1/19.
Debtor(s):
Nora Magdalena Lavie Pro Se
2:00 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
Docket 40
Updated tentative ruling as of 9/30/19. Off calendar. The motion was granted by order entered on 7/31/19. No appearances are required on 10/1/19.
Prior tentative ruling. No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 5/14/19, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
Trustee(s):
Jason M Rund (TR) Pro Se
2:00 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
fr. 7/17/18, 1/29/19, 6/25/19
Docket 1
Updated tentative ruling as of 9/30/19. Off calendar. Continued by stipulation and order to 12/3/19 at 2:00 p.m. No appearances are required on 10/1/19.
Prior tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Updated tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
2:00 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
(5) Punitive damages; and (6) Attorneys' fees and costs fr. 10/16/18, 1/29/19, 6/25/19
Docket 1
Updated tentative ruling as of 9/30/19. No tentative ruling. Appearances are required on 10/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/29/19 to discuss scheduling and possibility of mediation, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The status conference will be conducted with the hearings on the motions to dismiss and strike on the 2:30 p.m. calendar. Appearances are required at 2:30 p.m., not 1:30 p.m.
Prior tentative ruling as of 7/16/18. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 7/17/18 at 2:30 p.m., the date and time of the hearings on defendant Curtis's motion to dismiss and defendant Ammec's motion to set aside default. Plaintiff to give written notice of continuance of status conference. No appearances are required on 7/10/18.
2:00 PM
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz
Defendant(s):
Ammec, Inc. Pro Se
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:30 PM
Docket 27
No tentative ruling as of 9/30/19. Appearances are required on 10/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Owen James Thornton Represented By James K Chang Steven A Alpert
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:30 PM
Adv#: 2:15-01122 Howard Grobstein as Liquidating Trustee of L. Scot v. Sharron et al
fr. 5/21/19, 7/16/19
Docket 194
Off calendar. Continued by stipulation and order to 11/19/19 at 2:30 p.m. No appearances are required on 10/1/19.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Defendant(s):
Lowell S. Sharron Represented By Lloyd S Mann
Beyond Basics, LLC dba Daily Represented By Lloyd S Mann
Plaintiff(s):
Howard Grobstein as Liquidating Represented By
Brian L Davidoff Courtney E Norton Lori L Werderitch Keith Patrick Banner
2:30 PM
2. Honorable Judge Kwan to take judicial notice that all of debtor's debt was non- dischargeable
Docket 457
Off calendar. The court determined that oral argument was unnecessary, dispensed with it, took the motion under submission, vacated the hearing and issued an order ruling on the motion on the papers. No appearances are required on 10/1/19.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
2:30 PM
#27.00 Hearing re: Motion for: 1) motion to vacate judgement for irregularities; 2). notice of hearing on motion to vacate judgement for intentional misrepresentation by trustee; 3). notice of hearing motion to vacate judgement for intention al representation by debtor's former attorney; 4). notice of motion for fraud on the court; 5). notice of hearing to set aside until pending investigations of irregularities are concluded
Docket 466
Off calendar. The court determined that oral argument was unnecessary, dispensed with it, took the motion under submission, vacated the hearing and issued an order ruling on the motion on the papers. No appearances are required on 10/1/19.
Debtor(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
2:30 PM
Adv#: 2:16-01037 Avery v. Gonzalez
Docket 177
Off calendar. The court determined that oral argument was unnecessary, dispensed with it, took the motion under submission, vacated the hearing and issued an order ruling on the motion on the papers. No appearances are required on 10/1/19.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Arturo Gonzalez Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Brett B Curlee
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
2:30 PM
Adv#: 2:18-01371 Gonzalez v. Discover Bank et al
2. Honorable Judge Kwan to take judicial notice that all of debtor's debt was non- dischargeable; 3. Honorable Judge Kwan to determined if the claims filed by unsecured creditors namely discover and unify were time barred.
Docket 78
Off calendar. The court determined that oral argument was unnecessary, dispensed with it, took the motion under submission, vacated the hearing and issued an order ruling on the motion on the papers. No appearances are required on 10/1/19.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Discover Bank Represented By Holly J Nolan
Unify Credit Union Represented By Brett P Ryan
Attorney Anerio Altman Pro Se
Does 1-20 Pro Se
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By
2:30 PM
Brett B Curlee Dennis E McGoldrick
2:30 PM
Application for fees and expenses [Peter J. Mastan, Chapter 7 Trustee]
Docket 51
Approve final report and fee application of trustee for the reasons stated in the final report and for lack of timely written objection. Appearances are optional on 10/1/19, but counsel and trustee may appear by telephone.
Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Joseph Burns Wright Represented By David H Chung
Joint Debtor(s):
Maureen Elizabeth Wright Represented By David H Chung
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Docket 82
Revised tentative ruling as of 10/1/19. Off calendar. Continued by stipulation and order to 12/17/19 at 1:30 p.m. No appearances are required on 10/1/19.
Debtor(s):
Seven-Bros Enterprises, Inc. Represented By Robert S Marticello Gregory M Salvato
Trustee(s):
Rosendo Gonzalez Pro Se
2:30 PM
Docket 33
Updated tentative ruling as of 9/30/19. Based on the court's approval of the settlement between debtors and trustee, the parties agreed to stipulate to dismiss or withdraw the motion to convert. Appearances are required on 10/1/19 to report on when the motion will be withdrawn or dismissed, but counsel may appear by telephone.
Revised tentative ruling as of 8/12/19. Off calendar. Continued by stipulation and order to 10/1/19 at 2:30 p.m. No appearances are required on 8/13/19.
Prior tentative ruling. Treat motion to convert as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings, including discovery. Appearances are required on 8/13/19, but counsel may appear by telephone.
Debtor(s):
Javier Garcia Represented By
Sam Benevento
Joint Debtor(s):
Deanna Garcia Represented By Sam Benevento
Trustee(s):
David M Goodrich (TR) Pro Se
11:00 AM
Docket 1
Revised tentative ruling as of 10/1/19. Off calendar. Continued by stipulation and order to 12/11/19 at 11:00 a.m. No appearances are required on 10/2/19.
Prior tentative ruling as of 8/26/19. Off calendar. Continued by stipulation and order to 10/2/19 at 11:00 a.m. No appearances are required on 8/28/19.
Prior tentative ruling as of 7/15/19. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/2/19. Off calendar. Continued by stipulation and order to 7/17/19 at 11:00 a.m. No appearances are required on 7/3/19.
Prior tentative ruling as of 4/30/19. Appearances are required to discuss scheduling of further proceedings, including Phase 2 of the trial.
Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
Movant(s):
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Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
Docket 68
Updated tentative ruling as of 9/30/19. No tentative ruling on the merits. Appearances are required on 10/2/19, but counsel may appear by telephone.
Debtor(s):
Dalton Evonne Grant Represented By
David I Brownstein
11:00 AM
Docket 205
Updated tentative ruling as of 10/1/19. No tentative ruling on the merits. Appearances are required on 10/2/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. Appearances are required on 8/21/19, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
fr. 1/30/19, 5/8/19, 8/21/19
Docket 103
Updated tentative ruling as of 9/30/19. No tentative ruling on the merits. Appearances are required on 10/2/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/6/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 5/8/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Updated tentative ruling as of 11/26/18. Although not cited in their papers, the parties should be prepared to discuss the factors setting forth the standard in this circuit for permissive abstention in In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). See also, In re Szanto, 2016 WL
3256989 (9th Cir. BAP 2016); In re Roger, 2015 WL 7566647 (C.D. Cal.
2015). It seems to the court that the court should permissively abstain and stay the proceedings long enough to allow the state courts to determine on the merits creditor's claims pending in the state court actions which raise substantively noncore, state law claims, for the reasons stated in the court's rulings on creditor's remand motions. It would be helpful for the parties to report on the status of the proceedings in the state court actions because the papers are not informative about that. Appearances are required on 11/28/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required
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on 11/14/18.
Prior tentative ruling as of 11/5/18. Off calendar. Continued on the court's own motion to 11/14/18 at 11:00 a.m. No appearances are required on 11/7/18.
Prior tentative ruling. Continued on the court's own motion by written order to 11/7/18 at 10:00 a.m. No appearances are required on 10/24/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Docket 1
Updated tentative ruling as of 9/30/19. No tentative ruling on the merits. Appearances are required on 10/2/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Revised tentative ruling as of 5/6/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 5/8/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 5/15/18 will not be approved since this court generally requires at least 60 days notice to creditors of a claims bar date. The estimated administrative expenses in this case stated in the status report for $250,000 to $350,000 seem high, especially since debtors' budget motion and income and expense statements showing net income of about $1,700 per month do not show that debtors have the ability to afford such expenses.
There should be some explanation why the large amount of professional fee expenses estimated in the status report are needed in this case, and how debtors will be able to pay for these expenses (i.e., are they selling their real
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property to raise funds to pay for these fees). Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
for declaratory relief requesting adjudication of pending state court lawsuits fr. 1/30/19, 5/8/19, 8/21/19
Docket 1
Updated tentative ruling as of 9/30/19. No tentative ruling on the merits. Appearances are required on 10/2/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Revised tentative ruling as of 5/6/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 5/8/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. Off calendar. By order entered on 12/7/18, the status conference has been reset for 1/30/19 at 1:30 p.m. No appearances are required on 1/8/19.
Prior tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
11:00 AM
Defendant(s):
Shahriar Joseph Zargar Pro Se
Shabnam Mesachi Pro Se
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
11:00 AM
$3,996.99.
Docket 97
Approve second and final fee application of general bankruptcy counsel for debtor in possession for the reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/2/19, but counsel may appear by telephone. Counsel to submit a proposed order within 7 days of hearing.
Debtor(s):
The 17/21 Group, LLC Represented By Brett Ramsaur
11:00 AM
Docket 1
Updated tentative ruling as of 9/30/19. No tentative ruling on the merits. Appearances are required on 10/2/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
11:30 AM
fr. 4/23/19, 6/12/19, 8/14/19
Docket 390
Updated tentative ruling as of 9/30/19. No tentative ruling on the merits. Appearances are required on 10/2/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 8/13/19. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
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Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. In the papers filed by debtor and creditor Cindy Magleby in response to the court's order to show cause re: dismissal or conversion, although these parties did not agree on whether the case should be dismissed, they both indicated a willingness to have the family law court adjudicate the merits of Mrs. Magleby's claims as well as other family law issues with possible availability for trial in June 2019. There is also a possibility of further settlement efforts in the family law court as indicated by counsel for Mrs. Magleby as reflected in the transcript of hearing before that court in December 2019. The court encourages the parties to pursue their settlement discussions with the family law court and is amenable to having the family law court adjudicate the merits of Mrs. Magleby's claims if this is supported by the parties and the availability of that court to try these matters expeditiously. In that regard, the court would consider a proposed stipulated order clarifying stay relief to allow the family law court to try the claims and issues agreed upon by the parties, including the claims being objected to in this contested matter. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar.
11:30 AM
Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Updated tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Updated tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed the unilateral pretrial statements of the parties, which are incomplete and inadequate and will not be approved. The "statements" should be a joint pretrial stipulation, and they lack the exhibit lists of the parties and objections to exhibits thereto. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court notes that claimant has a pending motion for abstention on her claims set for hearing on 3/21/18. If the court abstains, this itself will not postpone plan confirmation proceedings because the parties may request the court to estimate the claims for voting on plan confirmation. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
Prior tentative ruling. Treat as contested matter under FRBP 9014 because the declarations of the witnesses in support of the moving and opposing papers raise material issues of fact to be resolved in an evidentiary hearing. Treat the hearing on 12/13/17 as a status conference to set a pretrial and trial
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schedule. The court will not take testimony from witnesses on a law and motion hearing calendar on 12/13/17, and the parties may not call their witnesses to testify on 12/13/17. If any party believes that there are no genuine issues of material fact and the party is entitled to judgment as a matter of law, that party may seek summary judgment upon a proper motion brought pursuant to FRBP 7056 and 9014 and LBR 7056-1. If claimant believes that the court should permissively abstain from hearing this contested matter, then she should bring a proper motion for abstention rather than raising the request in her opposition to the objection. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). However, it seems to the court that it could properly hear the objection to claim as a core proceeding under 28 U.S.C. 157(b)(2)(B) and not abstain under In re Conejo Enterprises, Inc., 96 F.3d 346 (9th Cir. 1996). Appearances are required on 12/13/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:30 AM
Docket 174
Updated tentative ruling as of 9/30/19. No tentative ruling on the merits. Appearances are required on 10/2/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 8/13/19. According to debtor, the hearing on the disclosure statement should be continued for him to make revisions. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
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Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
No updated tentative ruling as of 8/7/18. Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/30/18. Off calendar. The court on its own motion continues the hearing to 8/8/18 at 11:00 a.m. No appearances are required on 8/1/18.
Updated tentative ruling as of 6/25/18. No tentative ruling on the merits. Appearances are required on 6/27/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
11:30 AM
Prior tentative ruling as of 5/1/18. No tentative ruling on the merits. Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Revised tentative ruling as of 3/6/18. The court has reviewed debtor's status update and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 3/7/18 to discuss scheduling and the the impact of treatment on creditor Cindy Magleby's claims for plan voting and abstention among other things, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. The court notes that debtor filed a second amended disclosure statement on 1/30/18, 8 days before the further hearing on 2/7/18. Creditor Banc of California filed a response on 1/31/18 objecting to debtor's noticing approval of the amended disclosure statement for the hearing on 2/7/18, citing the court's oral ruling that creditors should be given 3 weeks notice of hearing on an amended disclosure statement. Appearances are required on 2/7/18 to discuss scheduling of further proceedings, including adequate time for creditors to respond to debtor's second amended disclosure statement and a scheduling of a further hearing on debtor's second amended disclosure statement to allow for review and comment by creditors and interested parties, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. The court has reviewed debtor's status report. Appearances are required on 11/29/17 to discuss scheduling of further proceedings, including filing date for debtor's second amended disclosure statement, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but
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counsel may appear by telephone.
Prior tentative ruling. Debtor in his status report filed on 2/22/17 indicated that he and his counsel are working on revising and amending the original disclosure statement to include a revised and updated liquidation analysis and taking into account resolutions of claims of creditors, including First Republic Bank (however, the court notes that it disapproved without prejudice the stipulation resolving claim of First Republic Bank in light of objection of creditor Cindy Magelby since it appears that debtor will need to bring a FRBP 9019 motion). Appearances are required on 3/1/17 regarding scheduling of further proceedings for an amended and revised disclosure statement, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:30 AM
Adv#: 2:16-01259 Magleby v. Magleby
fr. 4/23/19, 6/12/19, 8/14/19
Docket 1
Updated tentative ruling as of 9/30/19. No tentative ruling on the merits. Appearances are required on 10/2/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 8/13/19. According to debtor, the status conference should be continued in light of the trial in the marital dissolution action scheduled in December 2019. No tentative ruling on the merits.
Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/22/19. No tentative ruling on the merits. Appearances are required on 4/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/9/19. No tentative ruling on the merits. Appearances are required on 4/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
11:30 AM
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. If debtor's motion to sell real property is granted, the court should probably set a final hearing on turnover to address issues relating to the sale unless the parties agreeing to conditions of turnover post-sale. Appearances are required on 2/27/19.
Prior tentative ruling as of 12/18/18. No tentative ruling on the merits. Appearances are required on 12/19/18 to discuss status of representation of creditor Cindy Magleby in light of the pending motion to withdraw of her current bankruptcy counsel, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. Off calendar. The court on its own motion continues the hearing in light of the pending motion of counsel for creditor Cindy Magleby to withdraw and of the need for the assigned judge to recover from recently scheduled but urgent dental surgery scheduled for 12/13/18. The hearing will be continued to 12/19/18 at 11:00 a.m. as a status conference to discuss the impact of the pending motion of counsel for creditor to withdraw and for rescheduling. No appearances are required on 12/13/18.
Revised and updated tentative ruling as of 11/13/18. Off calendar. Continued on the court's own motion by separate order to 11/29/18 at 1:30
p.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 8/7/18. The parties filed unilateral pretrial statements rather than a joint pretrial statement. Before the court imposes monetary sanctions of $250 against the culpable party/ies for failing to file a joint pretrial statement as required by LBR 7016-1, the court will afford the parties an opportunity to complete and file a joint pretrial statement as required and intends to continue the pretrial conference for this purpose.
Appearances are required on 8/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits. Appearances are required on 5/8/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/1/18. The court has reviewed defendant's unilateral pretrial statement, which is incomplete and inadequate and will not
11:30 AM
be approved. The "statement" should be a joint pretrial stipulation, and it lacks the exhibit lists of the parties and objections to exhibits thereto.
Appearances are required on 5/2/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/19/18. No tentative ruling on the merits. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/5/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/5/18. No tentative ruling on the merits. Appearances are required on 2/7/18, but counsel may appear by telephone.
No updated tentative ruling as of 11/28/17. Appearances are required on 11/29/17, but counsel may appear by telephone.
No updated tentative ruling as of 9/25/17. Appearances are required on 9/27/17, but counsel may appear by telephone.
No updated tentative ruling as of 7/24/17. Appearances are required on 7/26/17, but counsel may appear by telephone.
Prior tentative ruling as of 5/22/17. Appearances are required on 5/24/17, but counsel may appear by telephone.
Prior tentative ruling as of 2/28/17. No tentative ruling on the merits. Appearances are required on 3/1/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/23/17. No tentative ruling on the merits. Appearances are required on 1/25/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/14/16. No tentative ruling on the merits. Appearances are required on 11/16/16, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16, but counsel may appear by telephone.
11:30 AM
Debtor(s):
Curtis C. Magleby Represented By Alan F Broidy Illyssa I Fogel
Defendant(s):
Cindy Magleby Pro Se
Plaintiff(s):
Curtis C. Magleby Represented By Alan F Broidy
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:30 AM
fr. 8/20/19, 9/10/19
Docket 323
Off calendar. Continued by stipulation and order to 11/5/19 at 2:30 p.m. No appearances are required on 10/2/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith Riley C Walter
1:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 5/15/19, 5/29/19, 7/17/19
Docket 1
Updated tentative ruling as of 9/30/19. Off calendar. Continued by stipulation and order to 11/21/19 at 1:30 p.m. No appearances are required on 10/2/19.
Prior tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. Off calendar. The court on its own motion continues the status conference to 7/17/19 at 1:30 p.m., which was another date and time set for the status conference for all defendants. No appearances are required on 7/16/19.
Prior tentative ruling as of 5/13/19. Off calendar. Continued by stipulation and order to 5/29/19 at 2:30 p.m. No appearances are required on 5/15/19.
Revised tentative ruling as of 3/11/19. The court is inclined to set a further status conference to allow time for Cathay Bank to provide input on discovery and trial setting, but 60 days rather than 3 to 6 months, and because the case is not yet at issue. The court has considered the requests of various parties for severance of claims for trial, but while the court agrees with plaintiff, it may be early, but given the unwieldy nature of this litigation, some severance of claims probably makes sense. Plaintiff's concerns about efficiency of litigation might be handled by some consolidation of discovery and other pretrial proceedings. Appearances are required on 3/13/19, but counsel
1:30 PM
may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. Appearances are required on 9/12/18, but counsel may appear by telephone. No tentative ruling on the state of discovery, except regarding 400 S. La Brea, LLC's submission of documents for in camera review:
Document | Tentative Ruling |
400 S. La Brea, LLC's 2015 Balance Sheet 400 S. La Brea, LLC's 2016 Balance Sheet 400 S. La Brea, LLC's 2016 Income Statement 400 S. La Brea, LLC's 2016 Federal and State Tax Returns | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B)(i). |
2012 Appraisal of the Subject Property 2013 Appraisal of the Subject Property | Order disclosure, subject to redaction of "confidential commercial information." |
1:30 PM
2017 Appraisal of the Subject Property Technical Review of the 2017 Appraisal of the Subject Property | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B) (i). The 2017 documents are irrelevant because they postdate the subject lease term. |
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated
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motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
9:00 AM
fr. 5/8/19, 6/26/19, 7/31/19
Docket 115
Revised tentative ruling as of 10/2/19. Off calendar. Continued by stipulation and order to 11/15/19 at 9:00 a.m. No appearances are required on 10/4/19.
Prior tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/31/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19.
Prfior tentative ruling. Treat the motion objecting to claim as a contested matter under FRBP 9014 and set a schedule of pretrial proceedings, including discovery, since there are disputed issues of material fact. Parties should confer regarding an appropriate schedule if they can. Appearances are required on 5/8/19, but counsel may appear by telephone.
Creditor may be entitled to its claim for attorneys' fees under 11 U.S.C. 506(b) pursuant to contract based on its loan agreement secured by deed of trust, which were upheld as valid in the state court litigation. The four elements for a claim under 11 U.S.C. 506(b) are: (1) its claim is an allowed secured claim;
it is an oversecured creditor; (3) the fees it asserts are reasonable; and (4) the fees it asserts are provided for under an agreement under which such claim arose, or the fees are provided for under a state statute under which the creditor's claim arose. In re Astle, 364 B.R. 735, 741 (Bankr. D. Idaho 2007).
9:00 AM
The claim is an allowed secured claim based on the state court judgment, though the judgment is on appeal. The creditor is an oversecured creditor, which is not in dispute. The reasonableness of the fees it asserts is in material dispute. Creditor has only submitted redacted versions of its counsel's fee statements, which do not provide sufficient information for the court to review for reasonableness. Creditor must file unredacted versions, or submit unredacted versions in camera with a privilege log if creditor claims that the reacted matter is privileged. Debtor as the objecting party must carry its burden of explaining what in the fee statements are unreasonable or at least what would be reasonable under the circumstances. In re Koncicky, 2007 WL 7540997 (9th Cir. BAP 2007)(unpublished memorandum opinion) (citation omitted). Debtor has the responsibility to challenge the information and provide evidence controverting that produced by creditor. Id. Debtor has not met this burden. The fees that creditor asserts are provided by the loan agreement between it and its borrower providing for reasonable attorneys' fees if it incurs or pays to maintain, protect or enforce its rights under the loan agreement as secured by the deed of trust. Exhibits A and C to Favela Declaration. Case law in California allows such fees to be added to the balance under the promissory note secured by trust deed. Chacker v.
JPMorgan Chase Bank, N.A., 27 Cal.App.5th 351, 356-358 (2018). However, there is no separate award of attorneys' fees authorized by statute, such as California Civil Code 1717 because debtor is not a signatory to the contract in the loan agreement and creditor has not otherwise shown that it would have been liable for the fees of the opposing party if the opposing party had prevailed. Asphalt Professionals, Inc. v. Davis (In re Davis), 595 B.R. 818, 837 (Bankr. C.D. Cal. 2019), citing, Dell Merk, Inc. v. Franzia, 132 Cal.App.4th 443, 441 (2005). Thus, creditor will need to submit fully unredacted copies of its fee statements to the court, and debtor will need to explain what in the fee statements are unreasonable and/or produce evidence showing that the fees are unreasonable.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
Movant(s):
9:00 AM
Raeisi Group, Inc Represented By Christopher P Walker
10:30 AM
fr. 8/27/19
Docket 15
Updated tentative ruling as of 10/7/19. Off calendar. Continued by stipulation and order to 12/10/19 at 10:30 a.m. No appearances are required on 10/8/19.
Prior tentative ruling. The hearing is continued by stipulation and order to 10/8/19 at 10:30 a.m. The order further provides that because service of the moving papers was deficient because movant has not served a judge's copy with separately tabbed exhibits as required by Local Bankruptcy Rule
5005-2(d), movant was ordered to comply with the rule and serve a judge's copy of its moving papers with separately tabbed exhibits within 7 days of the date of entry of the order. No appearances are required on 8/27/19.
Debtor(s):
Daniel Hyun You Represented By David Marh
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
(Wilmington Savings Fund Society, FSB dba Christiana Trust VS Debtor)
Docket 55
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Grant request for extraordinary relief in paragraph 10 for in rem relief as to the property for 180 days.
Deny relief from stay under 11 U.S.C. 362(d)(4) since extraordinary relief granted in paragraph 10 addresses movant's concern for in rem relief, that the involuntary petition was filed to hinder or delay creditors is the fault of the petitioning creditor, not the alleged debtor, that the alleged debtor would be penalized for the conduct of the petitioning creditor and that the state court receiver with the support of the alleged debtor is seeking to sell the property through the state court receivership in a pending sale.
The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Reyna Maria Taylor Represented By
10:30 AM
Steven M Mayer
10:30 AM
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2), includuing retroactive annulment of stay, to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Michael Taylor Mundy Pro Se
Movant(s):
Greystone Management Group, Inc. Represented By
Agop G Arakelian
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
10:30 AM
Docket 10
Deny as moot because the bankruptcy case was dismissed on 9/10/19. Appearances are optional on 10/8/19, but counsel may appear by telephone.
Debtor(s):
KSG Investments, LLC Pro Se
10:30 AM
(American Honda Finance Corporation VS Debtor)
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Luis Gutierrez Rangel Represented By Yelena Gurevich
Trustee(s):
John P Pringle (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Andre A Pierre Represented By Kevin Tang
Joint Debtor(s):
Desery Pierre Represented By
Kevin Tang
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 5/7/19, 5/29/19, 7/30/19
Docket 1
Updated tentative ruling as of 10/7/19. No tentative ruling on the merits. Plaintiff to discuss the status of assignment of the judgment to Ms. Lollar or a motion for reconsideration on denial of plaintiff's motion for summary judgment or a renewed motion for summary judgment. The court intends to set a pretrial conference in about 90 days in January 2020 and then set the matter for trial at the pretrial conference. Appearances are required on 10/8/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/28/19. Counsel for plaintiff has informally advised the court by leaving a voicemail message that he is out of the country on vacation and requests a continuance of the status conference. Since this is not a proper request for a continuance, such request is denied. See Local Bankruptcy Rule 9013-1(m). Appearances are required on 5/29/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance
1:30 PM
with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/22/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion for judgment on the pleadings. No appearances are required on 5/15/18.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
fr. 6/5/19
Docket 291
Updated tentative ruling as of 10/7/19. Off calendar. Continued by stipulation and order to 2/19/20 at 11:00 a.m. No appearances are required on 10/8/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 since there are material issues of disputed fact. Parties should be prepared to discuss an appropriate schedule of pretrial and trial proceedings.
Appearances are required on 6/5/19, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
1:30 PM
Adv#: 2:19-01258 Goodrich v. Yeftadonay
§ 542
Docket 1
The court has reviewed plaintiff's unilateral status report, indicating that defendant has not responded to the complaint. Plaintiff should indicate when he intends to file a motion for default judgment since this is a default situation. Set a discovery cutoff date of 12/31/19, and set a post-discovery status conference for 1/28/20 at 1:30 p.m. with a status report due to be filed on 1/21/20. Appearances are required on 10/8/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Jan Yeftadonay Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch
1:30 PM
Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01259 Goodrich v. Kabbage, Inc.
§ 542
Docket 1
The court has reviewed plaintiff's unilateral status report, indicating that defendant has not responded to the complaint. Plaintiff should indicate when he intends to file a motion for default judgment since this is a default situation. Set a discovery cutoff date of 12/31/19, and set a post-discovery status conference for 1/28/20 at 1:30 p.m. with a status report due to be filed on 1/21/20. Appearances are required on 10/8/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Kabbage, Inc. Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch
1:30 PM
Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01260 Goodrich v. Marganian
§ 542
Docket 1
The court has reviewed plaintiff's unilateral status report, indicating that defendant has not responded to the complaint. Plaintiff should indicate when he intends to file a motion for default judgment since this is a default situation. Set a discovery cutoff date of 12/31/19, and set a post-discovery status conference for 1/28/20 at 1:30 p.m. with a status report due to be filed on 1/21/20. Appearances are required on 10/8/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Shahram Marganian Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch
1:30 PM
Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01261 Goodrich v. Paypal, Inc.
§ 542
Docket 1
The court has reviewed plaintiff's unilateral status report, indicating that defendant has not responded to the complaint. Plaintiff should indicate when he intends to file a motion for default judgment since this is a default situation. Set a discovery cutoff date of 12/31/19, and set a post-discovery status conference for 1/28/20 at 1:30 p.m. with a status report due to be filed on 1/21/20. Appearances are required on 10/8/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Paypal, Inc. Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch
1:30 PM
Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01262 Goodrich v. Pacific City Bank
§ 542
Docket 1
The court has reviewed plaintiff's unilateral status report, indicating that defendant has not responded to the complaint. Plaintiff should indicate when he intends to file a motion for default judgment since this is a default situation. Set a discovery cutoff date of 12/31/19, and set a post-discovery status conference for 1/28/20 at 1:30 p.m. with a status report due to be filed on 1/21/20. Appearances are required on 10/8/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Pacific City Bank Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch
1:30 PM
Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01263 Goodrich v. Rotana Electronics, Inc.
§ 542
Docket 1
The court has reviewed the joint status report. Defendant should indicate whether or not it would agree to mediation of this dispute. Set a discovery cutoff date of 12/31/19, and set a post-discovery status conference for 1/28/20 at 1:30 p.m. with a status report due to be filed on 1/21/20.
Appearances are required on 10/8/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Rotana Electronics, Inc. Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
1:30 PM
Adv#: 2:19-01264 Goodrich v. U.S. Games Distribution, Inc.
§ 542
Docket 1
The court has reviewed plaintiff's unilateral status report, indicating that defendant has not responded to the complaint. Plaintiff should indicate when he intends to file a motion for default judgment since this is a default situation. Set a discovery cutoff date of 12/31/19, and set a post-discovery status conference for 1/28/20 at 1:30 p.m. with a status report due to be filed on 1/21/20. Appearances are required on 10/8/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
U.S. Games Distribution, Inc. Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch
1:30 PM
Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01265 Goodrich v. Visa U.S.A. Inc.
§ 542
Docket 1
The court has reviewed plaintiff's unilateral status report, indicating that defendant has not responded to the complaint. Plaintiff should indicate when he intends to file a motion for default judgment since this is a default situation. Set a discovery cutoff date of 12/31/19, and set a post-discovery status conference for 1/28/20 at 1:30 p.m. with a status report due to be filed on 1/21/20. Appearances are required on 10/8/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Visa U.S.A. Inc. Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch
1:30 PM
Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01266 Goodrich v. YAEL, LLC
§ 542
Docket 1
The court has reviewed plaintiff's unilateral status report, indicating that defendant has not responded to the complaint. Plaintiff should indicate when he intends to file a motion for default judgment since this is a default situation. Set a discovery cutoff date of 12/31/19, and set a post-discovery status conference for 1/28/20 at 1:30 p.m. with a status report due to be filed on 1/21/20. Appearances are required on 10/8/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
YAEL, LLC Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch
1:30 PM
Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01009 Vechery v. Shapiro
fr. 3/26/19, 5/14/19, 7/30/19
Docket 1
Revised tentative ruling as of 10/7/19. The court has reviewed modified joint status report. Set a discovery cutoff date of 3/31/20, and a post-discovery status conference on 4/28/20 at 1:30 p.m. with a joint status report due on 4/21/20. Defendant should address why the matter is not amenable to mediation. Appearances are required on 10/8/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/29/19. No tentative ruling in light of the pending motion to dismiss the second amended complaint. The court will hear argument on the motion to dismiss at the same time as the status conference on the 1:30 p.m. calendar. Appearances are required on 7/30/19 at 1:30 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. Appearances are required on 5/14/19, but counsel may appear by telephone.
Debtor(s):
Michael Richard Shapiro Represented By Charles Shamash Joseph E. Caceres
Defendant(s):
Michael Richard Shapiro Pro Se
Plaintiff(s):
Harvey Vechery Represented By
1:30 PM
Trustee(s):
Tom Lallas Mark D Hurwitz
Timothy Yoo (TR) Pro Se
1:30 PM
Adv#: 2:19-01102 Sunderland et al v. Okland
U.S.C. §§727(a)(2)-(5)] fr. 6/11/19, 8/13/19
Docket 1
Updated tentative ruling as of 10/7/19. The court has reviewed the joint status report, stating that defendant's counsel has been unable to communicate with his client and may have to file a motion to withdraw. Appearances are required on 10/8/19 to discuss the status of counsel's efforts to communicate with defendant and whether a motion to withdraw will be filed, but counsel may appear by telephone.
Prior tentative ruling as of 8/12/19. Off calendar. Continued by stipulation and order to 10/8/19 at 1:30 p.m. No appearances are required on 8/13/19.
Prior tentative ruling. The court has reviewed plaintiffs' unilateral status report and notes that plaintiffs resubmitted a request for entry of default on 6/7/19.
The court on its own motion continues the status conference to 8/13/19 at 1:30 p.m. in order for plaintiffs' request for entry of default be considered by the court and for plaintiffs to prepare and file a motion for entry of default judgment. No appearances are required on 6/11/19.
Debtor(s):
Dean Henrik Okland Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
Defendant(s):
Dean Henrik Okland Represented By
Roksana D. Moradi-Brovia
1:30 PM
Plaintiff(s):
Jennifer Sunderland Represented By Kimberly Wright
James Farrow Represented By Kimberly Wright
2:30 PM
Adv#: 2:15-01323 Franowicz et al v. Cook
Docket 130
Off calendar. Continued to 1/22/20 at 1:30 p.m. by prior order. No appearances are required on 10/8/19.
Debtor(s):
Brian J Cook Represented By
Rex Tran
Theresa J Macellaro Rosaline S Ayoub
Defendant(s):
Brian J Cook Pro Se
Joint Debtor(s):
Victoria Velasquez Cook Represented By Andrew Goodman Yi S Kim
Robert D Bass Rex Tran
Theresa J Macellaro
Plaintiff(s):
Larissa Gallagher Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman Rachel M Sposato
2:30 PM
Edward Franowicz Represented By
James Andrew Hinds Jr Brian Barouir Yeretzian Paul R Shankman Rachel M Sposato
Trustee(s):
Heide Kurtz (TR) Represented By
Lei Lei Wang Ekvall Kyra E Andrassy
2:30 PM
Docket 82
Grant trustee's motion to sell property free and clear of liens for the reasons stated in the moving papers and for lack of timely written opposition, except limited opposition of U.S. Bank. Approve overbidding procedures. No tentative ruling on request for finding purchasers as ones in good faith pursuant to 11 U.S.C. 363(m) in light of possible overbidding. Appearances are required on 10/8/19 to conduct an auction if qualifying overbidders, but counsel may appear by telephone.
Debtor(s):
Jose M BENITEZ Represented By Douglas A Crowder
Joint Debtor(s):
Cinthia BENITEZ Represented By Douglas A Crowder
Trustee(s):
Timothy Yoo (TR) Represented By Carmela Pagay
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
fr. 7/16/19, 9/17/19
Docket 63
Updated tentative ruling as of 10/7/19. No tentative ruling on the merits. Appearances are required on 10/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 9/16/19. Appearances are required on 9/17/19, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling in light of the trustee's opposition to the motion. Appearances are required on 7/16/19 to discuss scheduling of further proceedings, including setting an evidentiary hearing on valuation, but counsel may appear by telephone.
Debtor(s):
Dean Henrik Okland Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:30 PM
fr. 9/17/19
Docket 84
Updated tentative ruling as of 10/7/19. No tentative ruling on the merits. Appearances are required on 10/9/19, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling on the merits in light of the trustee's opposition to the motion. Appearances are required on 9/17/19 to discuss scheduling of further proceedings, including setting an evidentiary hearing on valuation, but counsel may appear by telephone.
Debtor(s):
Dean Henrik Okland Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jeffrey S Shinbrot
2:30 PM
Docket 90
Updated and revised tentative ruling as of 10/8/19. Grant trustee's motion to approve real estate purchase agreement, overbid procedures and "carve-out" provision, including sale free and clear of liens, claims and interests pursuant to 11 U.S.C. 363(f)(2) based on consent of affected lienholders, including Hill Collections, LLC, based on stipulation filed on 10/7/19 between trustee and that entity resolving the opposition to sale by that entity, for the reasons stated in the moving papers and for lack of outstanding timely written opposition to motion. No tentative ruling on finding purchaser and back-up bidder as good faith purchasers pursuant to 11 U.S.C. 363(m) pending overbidding. Appearances are required on 10/8/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/19. In his papers, trustee failed to cite and address applicable Ninth Circuit BAP case precedent in Clear Channel Outdoor, Inc. v. v. Knupfer (In re PW, LLC), 391 B.R. 25 (9th Cir. BAP 2008), which holds that in order to meet 11 U.S.C. 363(f)(3), the value of all liens, and not just "out of the money" liens, must be considered, and to meet 11
U.S.C. 363(f)(5), there must be a showing that the lienholder could be compelled in a legal or equitable proceeding to accept a money satisfaction of such interest, which does not include a cramdown under 11 U.S.C. 1129(b) (2). It also appears that the district court in this district follows the Clear Channel rule in In re Hassan Imports Partnership, 502 B.R. 851 (C.D. Cal. 2013), and the trustee has not shown how the court can grant the motion with contrary authority which may be controlling. Trustee in his reply argues that the sale meets 11 U.S.C. 363(f)(3) on grounds that Hill Collections is not a secured creditor and its lien should be disregarded because the judgment lien is only as to debtor and not to his nondebtor spouse who is also a trustee of the revocable living trust that owns the subject property. It does not appear
2:30 PM
that the trustee may contest the secured claim of Hill Collections because its proof of claim is not objected to and is prima facie correct under FRBP 3001(f). The factual record is inadequate to show that Hill Collections is not properly secured since there is no analysis of California law affecting revocable living trusts and community property. If the subject property is community property, despite it being held by a revocable living trustee, it may well be subject to the judgment lien against one spouse. None of this is briefed. As to 11 U.S.C. 363(f)(5), the trustee does not cite the legal or equitable proceeding under California or other law as to how Hill Collections can be compelled to accept a money satisfaction of its interest.
Hill Collections does not specifically address the cases cited by the trustee that a foreclosure sale may force it to accept a money satisfaction for purposes of 11 U.S.C. 363(f)(5). In re Jolan, Inc., 403 B.R. 866 (Bankr. W.D. Wash. 2009) (applying Washington law); In re Boston Generating, LLC, 440
B.R. 302 (Bankr. S.D. N.Y. 2010). Both of these cases expressly decline to follow Clear Channel. Neither Clear Channel nor Hassan Imports expressly addresses the remedy of foreclosure sale which forecloses out a junior lien as constituting a qualifiying legal or equitable proceeding under 11 U.S.C. 363(f) (5). Clear Channel did not appear to discuss judicial or nonjudicial foreclosure, and Hassan Imports involved an equitable servitude as opposed to a junior consensual lien. Does the court have to follow Clear Channel and/or Hassan Imports?
As to the parties' arguments as to a meaningful distribution to creditors, how much would it take to have a meaningful distribution under In re KVN Corp., Inc., 514 B.R. 1 (9th Cir. BAP 2014)? Hill Collections says the proposed distribution is insufficient; the trustee says it is.
Appearances are required on 10/8/19, but counsel may appear by telephone.
Debtor(s):
Dean Henrik Okland Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Represented By
2:30 PM
Jeffrey S Shinbrot
11:00 AM
Docket 1
Updated tentative ruling as of 10/7/19. No tentative ruling on the merits. Appearances are required on 10/8/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/31/19, but counsel may appear by telephone.
Debtor(s):
Francisco O Lopez Represented By Nam H. Le
11:00 AM
Docket 146
Grant motion for final decree for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 10/9/19, but counsel may appear by telephone. Debtor to submit a proposed order within 7 days of hearing.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
11:00 AM
Docket 109
Updated tentative ruling as of 10/7/19. No tentative ruling in light of the pending motion for final decree. Since the court's tentative ruling is to grant the motion for final decree, appearances are optional on 10/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 9/16/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/30/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
SK Vision LLC Represented By Aurora Talavera
9:30 AM
Docket 66
- NONE LISTED -
Debtor(s):
Leslie Florence Taylor Represented By Gregory Grigoryants
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee Stella A Havkin
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Julio Castro Pro Se
Joint Debtor(s):
Lizeth Castro Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
9:30 AM
Docket 18
- NONE LISTED -
Debtor(s):
Martin Maurice Davis Pro Se
Joint Debtor(s):
Erica Jane Leeson Pro Se
Trustee(s):
Sam S Leslie (TR) Pro Se
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Eddie Lopez Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Jerren Scott Cokley Represented By Arlene M Tokarz
Joint Debtor(s):
Lashannda Lynne Cokley Represented By Arlene M Tokarz
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Thomas Joseph West Represented By Michael E Clark
Joint Debtor(s):
Meg Meghesik Alexandrian Represented By Michael E Clark
Trustee(s):
John P Pringle (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Alfred Medrano Represented By Barry E Borowitz
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Jenny C Trejo Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Jenny C Trejo Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Thomas Joseph Dale Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Carina Mora Represented By
Joseph Collier
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Aram Melkonyan Pro Se
Trustee(s):
David M Goodrich (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Cheri Maureen Dennis Represented By
Glenn Ward Calsada
Trustee(s):
Sam S Leslie (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Faheem H Faquir Represented By Diane Butler
Trustee(s):
Wesley H Avery (TR) Pro Se
9:30 AM
Docket 19
- NONE LISTED -
Debtor(s):
Jorge A Ortiz Pro Se
Joint Debtor(s):
Maria Isaura Calderon Interiano Pro Se
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Cynthia Renee Donnerson Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Adam Po Jung Chen Represented By Peter M Lively
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 20
- NONE LISTED -
Debtor(s):
Robert Estrada Pro Se
Joint Debtor(s):
Tiffany Estrada Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 16
- NONE LISTED -
Debtor(s):
Reina Isabel Cerros Represented By Oscar R Swinton
Trustee(s):
David M Goodrich (TR) Represented By Wesley H Avery
9:30 AM
Docket 15
- NONE LISTED -
Debtor(s):
Larry Aceves-Muniz Pro Se
Joint Debtor(s):
Monica Aceves Pro Se
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 7
- NONE LISTED -
Debtor(s):
Cesar Morales Castillo Represented By Kerry P O'Brien
Trustee(s):
Carolyn A Dye (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
John J Corral Represented By
Marlin Branstetter
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 12
- NONE LISTED -
Debtor(s):
John J Corral Represented By
Marlin Branstetter
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Ivan Hernandez Represented By
Glenn Ward Calsada
Trustee(s):
Carolyn A Dye (TR) Pro Se
9:30 AM
Docket 9
- NONE LISTED -
Debtor(s):
Maricela Cristina Parrales Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Maricela Cristina Parrales Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 12
- NONE LISTED -
Debtor(s):
Marvin Jackson Represented By Philomena N Nzegge
Joint Debtor(s):
Barbara Jean Jackson Represented By Philomena N Nzegge
Trustee(s):
Heide Kurtz (TR) Pro Se
9:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
Miguel Angel Nunez Estrada Represented By Raymond Perez
Joint Debtor(s):
Laura Senderos Cerezo Represented By Raymond Perez
Trustee(s):
John J Menchaca (TR) Pro Se
9:30 AM
Docket 7
- NONE LISTED -
Debtor(s):
Juan Rodriguez Represented By
Michael H Colmenares
Trustee(s):
Sam S Leslie (TR) Pro Se
9:30 AM
Docket 13
- NONE LISTED -
Debtor(s):
Lynette Alicia Raggett Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Sara Maribel Escalante Represented By Omar Zambrano
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Antonio Moises Gonzalez Represented By Daniel King
Trustee(s):
Jason M Rund (TR) Pro Se
9:30 AM
Docket 8
- NONE LISTED -
Debtor(s):
Silvia Nineth Rivas-Archila Represented By
Michael H Colmenares
Trustee(s):
Peter J Mastan (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
David Hutchinson Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
9:30 AM
Docket 14
- NONE LISTED -
Debtor(s):
David Hutchinson Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
9:30 AM
Docket 11
- NONE LISTED -
Debtor(s):
Steffany Susana Perdomo Flores Represented By
Sanaz S Bereliani
Trustee(s):
Timothy Yoo (TR) Pro Se
9:30 AM
Docket 10
- NONE LISTED -
Debtor(s):
Vanessa Hernandez Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
11:00 AM
fr. 9/18/19
Docket 197
Off calendar. Continued by stipulation and order to 11/21/19 at 11:00 a.m.
No appearances are required on 10/10/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
11:00 AM
fr. 8/28/19
Docket 180
Off calendar. Continued by stipulation and order to 11/21/19 at 11:00 a.m.
No appearances are required on 10/10/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
11:00 AM
fr. 7/3/19, 7/30/19, 9/4/19
Docket 144
Updated tentative ruling as of 10/7/19. Off calendar. Continued by stipulation
and order to 11/21/19 at 11:00 a.m. No appearances are required on 10/10/19.
Prior tentative ruling as of 7/1/19. Appearances are required on 7/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Appearances are required on 4/17/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth
11:00 AM
Docket 1
Updated tentative ruling as of 10/7/19. Off calendar. Continued by stipulation
and order to 11/21/19 at 11:00 a.m. No appearances are required on 10/10/19.
Prior tentative ruling as of 7/2/19. Appearances are required on 7/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. Appearances are required on 3/13/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Ana Gabriela Ortiz Represented By Marlin Branstetter
Movant(s):
HONDA LEASE TRUST Represented By Vincent V Frounjian
Trustee(s):
Sam S Leslie (TR) Pro Se
11:00 AM
Docket 9
Updated tentative ruling as of 10/11/19. No tentative ruling on the merits. Appearances are required on 10/15/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/30/19. Appearances are required on 10/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Nana Baidoobonso I AM Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:18-01432 Swift Financial, LLC v. Gonzalez
5) debts incurred through willful and malicious injury to property under 11 U.S.C. § 523(a)(6); 6) objection to discharge under 11 U.S.C. §727(a)(5)
fr. 2/12/19, 8/20/19
Docket 1
Updated tentative ruling as of 10/11/19. No tentative ruling on the merits. Appearances are required on 10/15/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 2/12/19, but counsel may appear by telephone.
Debtor(s):
Don Gonzalez Pro Se
Defendant(s):
Don Gonzalez Pro Se
Plaintiff(s):
Swift Financial, LLC Represented By Daren M Schlecter
1:30 PM
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:19-01214 Katz et al v. CITIBANK, N.A. et al
(2) Recovery of Preferential Transfers; (3) Avoidance of Post-Petition Transfers;
(4) Recovery of Post-Petition Transfers; (5) Preservation of Avoided Transfers; and
(6) Disallowance of Claims fr. 9/17/19
Docket 1
Off calendar. Continued by stipulation and order to 11/26/19 at 1:30 p.m. No
appearances are required on 10/15/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Defendant(s):
CITIBANK, N.A. Pro Se
Citi Pro Se
Citigroup, Inc. Pro Se
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
1:30 PM
Plaintiff(s):
Robert David Katz Represented By Victor A Sahn
Roslyn Soudry Katz Represented By Victor A Sahn
1:30 PM
Adv#: 2:19-01216 Katz et al v. American Express Company, a New York Corporation e
(2) Recovery of Preferential Transfers; (3) Avoidance of Post-Petition Transfers;
(4) Recovery of Post-Petition Transfers; (5) Preservation of Avoided Transfers; and
(6) Disallowance of Claims fr. 9/17/19
Docket 1
Off calendar. Continued by stipulation and order to 12/17/19 at 1:30 p.m. No appearances are required on 10/15/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Defendant(s):
American Express Company, a New Pro Se American Express Pro Se
American Express Travel Related Pro Se American Express National Bank, a Pro Se
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
1:30 PM
Plaintiff(s):
Robert David Katz Represented By Victor A Sahn
Roslyn Soudry Katz Represented By Victor A Sahn
1:30 PM
Adv#: 2:19-01267 Ayrapetyan v. Keyllian
Docket 1
The court has reviewed the joint status report. Set a discovery cutoff date of 2/28/20, and a post-discovery status conference on 3/31/20 at 1:30 p.m. with a joint status report due on 3/24/20. Order the matter to mediation, and mediation to be completed by 3/31/20. Appearances are required on 10/8/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Ara Ohannes Keyllian Represented By Eileen Keusseyan
Defendant(s):
Ara Keyllian Pro Se
Plaintiff(s):
Anahid Ayrapetyan Represented By
Linet Megerdomian
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:19-01272 Miwalian v. Gary
Docket 1
Off calendar. The adversary proceeding is moot because the main bankruptcy case was dismissed. No appearances are necessary.
Debtor(s):
Kemanjian Gary Represented By John H Petersen
Defendant(s):
Kemanjian Gary Represented By John H Petersen
Plaintiff(s):
Rafi Miwalian Represented By Marc A Karlin
Trustee(s):
Sam S Leslie (TR) Pro Se
2:00 PM
Adv#: 2:16-01113 Diamond, Chapter 7 Trustee, Plaintiff v. Premier Rehabilitation Services, a
(3) for Imposition of Constructive Trust; (4) for Unjust Enrichment;
(5) for Turnover; and (6) to Disallow Claims fr. 4/9/19, 6/11/19, 8/13/19
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order. No appearances are necessary.
Debtor(s):
Corona Care Convalescent Represented By
M Jonathan Hayes Michael Jay Berger
Defendant(s):
Premier Rehabilitation Services, a Pro Se
Plaintiff(s):
Richard K. Diamond, Chapter 7 Represented By Walter K Oetzell
Trustee(s):
Richard K Diamond (TR) Pro Se
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell
2:00 PM
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:30 PM
Docket 26
Treat as a contested matter under FRBP 9014. However, the court notes that the valuation report submitted by creditor Maddy is not in admissible form since there is no declaration under penalty of perjury by the real estate agent providing the valuation opinion and that the valuation opinion is not supported by any valuation analysis. The court will allow an opportunity for creditor to obtain an admissible valuation opinion or report. If creditor obtains an admissible valuation opinion, the court will set the matter for an evidentiary hearing, and requests creditor to provide an estimate on how long it will take to obtain the valuation opinion of the agent or an appraiser and such expert's availability to testify. Appearances are required on 10/15/19, but counsel may appear by telephone.
Debtor(s):
Owen James Thornton Represented By James K Chang Steven A Alpert
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
2:30 PM
Application for fees and expenses [Wesley H. Avery, Chapter 7 Trustee] fr. 9/10/19
Docket 46
No tentative ruling as of 10/11/19. Appearances are required on 10/15/19.
Debtor(s):
Martin Pinon Represented By
Raymond Perez
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:30 PM
Docket 44
Off calendar. Application withdrawn by notice filed on 10/1/19. No appearances are necessary.
Debtor(s):
Martin Pinon Represented By
Raymond Perez
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:30 PM
Docket 41
Off calendar. Application withdrawn by notice filed on 10/1/19. No appearances are necessary.
Debtor(s):
Martin Pinon Represented By
Raymond Perez
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:30 PM
Docket 57
No tentative ruling as of 10/11/19. Appearances are required on 10/15/19.
Debtor(s):
Martin Pinon Represented By
Raymond Perez
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:30 PM
Application for fees and expenses [Wesley H. Avery, Chapter 7 Trustee]
Docket 77
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 10/15/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Janine Liebert Represented By Charles Shamash
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
2:30 PM
Docket 73
Approve final fee application of attorneys for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/15/19, but applicants and counsel may appear by telephone. Applicant or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Janine Liebert Represented By Charles Shamash
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
2:30 PM
[Hahn Fife & Company LLP, Accountant for Chapter 7 Trustee]
Docket 72
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/15/19, but applicant and counsel may appear by telephone. Applicant or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Janine Liebert Represented By Charles Shamash
Trustee(s):
Wesley H Avery (TR) Represented By Chad V Haes
2:30 PM
(Rehabbers Financial, Inc. dba Aztec Financial VS Debtor) fr. 9/10/19
Docket 161
Updated tentative ruling as of 10/11/19. No tentative ruling on the merits. Appearances are required on 10/15/19 to discuss scheduling of further proceedings, including an evidentiary hearing. Appearances are required on 10/15/19, but counsel may appear by telephone.
Prior tentative ruling. The court was inclined to allow a short continuance of the hearing to allow debtor to obtain a valuation opinion in response to the valuation opinion submitted on behalf of movant. Debtor to provide a reasonable estimate when the appraisal can be obtained, so that the court can set an evidentiary hearing on valuation and cause for stay relief, including lack of adequate protection. Appearances are required on 9/10/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
2:30 PM
Adv#: 2:19-01241 Avery v. Montano
Docket 12
Grant trustee's motion for default judgment for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 10/15/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Rosalinda Montano Pro Se
Defendant(s):
Rosalinda Montano Pro Se
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:30 PM
Adv#: 2:19-01241 Avery v. Montano
U.S.C. §§727(a)(2) and 727 (a)(4) fr. 10/1/19
Docket 1
Updated tentative ruling as of 10/11/19. No tentative ruling on the merits. Appearances are required on 10/15/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report, stating that default has been entered against defendant and a motion for default judgment is noticed for hearing on 10/15/19 at 2:30 p.m. The court on its own motion continues the status conference to 10/15/19 at 2:30 p.m. to be conducted with the hearing on the motion for default judgment. No appearances are required on 10/1/19.
Debtor(s):
Rosalinda Montano Pro Se
Defendant(s):
Rosalinda Montano Pro Se
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By David M Goodrich
2:30 PM
Docket 26
Grant motion of United States Trustee to deny discharge pursuant to 11
U.S.C. 727(a)(8) for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 10/15/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Elizabeth Jackson Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
fr. 5/1/19, 5/15/19, 6/26/19
Docket 482
Off calendar. The court has issued its decision on the application. No appearances are necessary.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 1
Updated tentative ruling as of 10/15/19. No tentative ruling on the merits. Appearances are required on 10/16/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar
11:00 AM
Docket 744
No tentative ruling as of 10/15/19. Appearances are required on 10/16/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
fr. 7/17/19, 8/21/19, 8/28/19
Docket 180
Updated tentative ruling as of 10/15/19. No tentative ruling on the merits. Appearances are required on 10/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. the court has reviewed the unilateral status report filed by creditor Emma Borges. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. The court has reviewed creditor's unilateral status report regarding mediation. No tentative ruling on the merits. Appearances are required on 5/15/19 for the evidentiary hearing.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19 for the evidentiary hearing.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear
11:00 AM
by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Prior tentative ruling as of 12/17/18. No tentative ruling will be issued for the evidentiary hearing on creditor's motion to convert case to Chapter 7.
Appearances are required on 12/19/18.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/19/18 at 1:30 p.m. No appearances are required on 12/5/18.
Prior tentative ruling. Overrule evidentiary objections of debtor to Polis declaration. The court is inclined to order debtor to file a written outline of how this case will reorganize with an estimated timetable by 11/21/18 and set a further and separate hearing on the motion on 11/28/18 at 10:00 a.m. to discuss the status of debtor's reorganization efforts. Debtor's opposition really did not show much in the way of the presence of a reasonable likelihood of reorganization to persuade the court to deny the motion at the hearing on 11/14/18, which is somewhat disconcerting, given the age of this case, now approaching its one year anniversary on 11/30/18. The court thinks debtor must make some showing of a reasonable likelihood of a confirmable plan within a reasonable period of time, or otherwise it might be convinced to grant the motion. Appearances are required on 11/14/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
11:00 AM
fr. 8/21/19, 8/28/19
Docket 270
Updated tentative ruling as of 10/15/19. No tentative ruling on the merits. This matter appears to be settled as provided in the stipulation of the parties and order thereon entered on 8/30/19. Appearances are required on 10/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. Appearances are required on 8/21/19, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
fr. 7/17/19, 8/21/19, 8/28/19
Docket 255
Updated tentative ruling as of 10/15/19. No tentative ruling on the merits. Since there was no notice of motion with the amended disclosure statement and plan filed and served by debtor on 9/9/19, debtor needs to address whether the amended disclosure statement has been properly served for approval. Appearances are require on 10/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. The court is inclined to allow the parties to participate in mediation before the settlement judge before ruling on the amended disclosure statement.
Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits.
11:00 AM
Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling. Disapprove proposed disclosure statement for lack of sufficient information because it lacks sufficient detailed information on how the plan is feasible, including historical financial information. Just attaching copies of monthly operating reports to the disclosure statement is insufficient. The disclosure statement needs to describe the means on how the plan is going to be funded to demonstrate feasibility to creditors. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
Docket 1
Updated tentative ruling as of 10/15/19. No tentative ruling on the merits. Appearances are required on 10/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/6/19. The court has reviewed creditor Emma Borges's unilateral status report on mediation. No tentative ruling on the merits. Appearances are required on 5/8/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/10/18. No tentative ruling on the merits. Appearances are required on 12/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. The court has reviewed debtor's status report and request to continue the status conference. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/7/18. No tentative ruling on the merits.
11:00 AM
Appearances are required on 5/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. The court has reviewed debtor's status report suggesting a continued status conference in about 60 days. No tentative ruling on the merits. Appearances are required on 3/7/18 to hear from other parties on status, including compliance with United States Trustee requirements, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/24/18, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
Adv#: 2:19-01208 Philadelphia Indemnity Insurance Company v. Advance Specialty Care, LLC
Docket 1
- NONE LISTED -
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
Defendant(s):
Advance Specialty Care, LLC Pro Se
Plaintiff(s):
Philadelphia Indemnity Insurance Represented By
Lane K Bogard
Lisa Darling-Alderton
11:00 AM
Docket 77
Updated tentative ruling as of 10/15/19. No tentative ruling on the merits. Since there was no notice of motion with the amended disclosure statement and plan filed and served by debtor on 9/18/19, debtor needs to address whether the amended disclosure statement has been properly served for approval. Appearances are require on 10/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 9/3/19. The court has reviewed debtor's status report regarding the disclosure statement. No tentative ruling on the merits. Appearances are required on 9/4/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. The court has reviewed debtor's status report regarding the disclosure statement. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of debtor's disclosure statement as not containing adequate information for the reasons stated in the objections of creditors because the disclosure statement does not provide sufficient information regarding feasibility or address the issue of modification of the secured creditor's claims and rights. The disclosure statement does not show how the payment of the arrearages on the effective date is feasible based on debtor's available cash on hand stated in the disclosure statement. Debtor must provide a detailed statement of income and expenses for each property as directed by the income and expense statements attached to the disclosure statement, which she has not done, and she should provide historical data and projections for these properties. If the secured creditors' claims and
11:00 AM
rights are modified, then the claims are impaired, and the secured creditors have a right to vote. The denial of approval of the disclosure statement is with leave to amend. Appearances are required on 3/27/19, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
Updated tentative ruling as of 10/15/19. No tentative ruling on the merits. Appearances are required on 10/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 9/3/19. The court has reviewed debtor's status report regarding the disclosure statement. No tentative ruling on the merits. Appearances are required on 9/4/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. Off calendar. The court has debtor's status report advising that she has filed a motion to approve disclosure statement noticed for hearing on 3/27/19 at 11:00 a.m. The court on its own motion continues the status conference to 3/27/19 at 11:00 a.m. to be conducted with that hearing. No appearances are required on 3/6/19.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this
11:00 AM
matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. The court has reviewed debtor's status report filed on 8/15/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. The court has reviewed debtor's status report filed on 5/9/18. No tentative ruling on the merits. Appearances are required on 5/16/18, but counsel may appear by telephone.
Updated tentative ruling as of 3/5/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 70
Off calendar. Motion resolved by stipulation an order entered on 10/8/19. No appearances are necessary.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
11:00 AM
Docket 1
Updated tentative ruling as of 10/15/19. No tentative ruling on the merits. Appearances are required on 10/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 9/9/19. No tentative ruling on the merits. Appearances are required on 9/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Debtor(s):
Samuel Marquez Represented By Onyinye N Anyama
11:30 AM
Adv#: 2:19-01215 Katz et al v. Capital One et al
(2) Recovery of Preferential Transfers; (3) Avoidance of Post-Petition Transfers;
(4) Recovery of Post-Petition Transfers; (5) Preservation of Avoided Transfers; and
(6) Disallowance of Claims fr. 9/17/19
Docket 1
The court has reviewed the joint status report. Set a discovery cutoff date of 1/31/20, and a post-discovery status conference on 3/3/20 at 1:30 p.m. with a joint status report due on 2/25/20. Appearances are required on 10/16/19, but counsel may appear by telephone. Plaintiffs to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Defendant(s):
Capital One Pro Se
Capital One, National Association Pro Se Capital One Bank (USA) Pro Se Capital One Bank (USA), National Pro Se
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth
11:30 AM
Cathy Ta
Plaintiff(s):
Robert David Katz Represented By Victor A Sahn
Roslyn Soudry Katz Represented By Victor A Sahn
11:30 AM
Adv#: 2:19-01217 Katz et al v. Bank of America Corporation, a Delaware corporatio
(2) Recovery of Preferential Transfers; (3) Preservation of Avoided Transfers; and
(4) Disallowance of Claims fr. 9/17/19
Docket 1
Off calendar. Continued by stipulation and order to 12/17/19 at 1:30 p.m. No
appearances are required on 10/15/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Defendant(s):
Bank of America Corporation, a Pro Se
BANK OF AMERICA Pro Se
Bank of America, N.A., a National Pro Se
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Plaintiff(s):
Robert David Katz Represented By
11:30 AM
Victor A Sahn
Roslyn Soudry Katz Represented By Victor A Sahn
11:30 AM
to Confirm a Sale to Third Party Buyer(s); (3) to Determine that Buyer is a Good Faith Purchaser; and (4) to Waive the 14-day Stay Under Federal Rule of Bankruptcy Procedure 6004(h)
Docket 2539
No tentative ruling will be issued on the motion heard on shortened notice. Appearances are required on 10/16/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye Alan I Nahmias
10:30 AM
REAL PROPERTY RE: 3696 Castillo De Leon Drive
Docket 445
Off calendar. The court issued a written ruling on the motion. No appearances are required on 10/22/19.
Debtor(s):
Barbara Jo Baiz Rodriguez Represented By Jerome S Cohen
10:30 AM
(JPMorgan Chase Bank, National Association VS Debtor)
Docket 105
No tentative ruling as of 10/21/19. Appearances are required on 10/22/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Dean Henrik Okland Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jeffrey S Shinbrot
10:30 AM
Docket 15
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Juan Estefano Represented By Edward A Villalobos
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
Docket 8
Movant has not filed adequate evidence of standing. The third party lien and title information report is not a properly authenticated certificate of title pursuant to Federal Rules of Evidence 901 and 902. Appearances are required on 10/22/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Jose Gerson Zetina Represented By
Nicholas Nicholas Wajda
Movant(s):
Sierra Credit Corporation Represented By Adam N Barasch
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 9
No updated tentative ruling as of 10/21/19. Appearances are required on 10/22/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/11/19. No tentative ruling on the merits. Appearances are required on 10/15/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/30/19. Appearances are required on 10/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Nana Baidoobonso I AM Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:17-01158 Carter et al v. Martinez
[11 U.S.C. § 523 (a)2)(A) & (6)]
fr. 5/7/19, 6/25/19, 8/27/19
Docket 1
Updated tentative ruling as of 10/21/19. No tentative ruling on the merits. Appearances are required on 10/22/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/19. The court has reviewed the explanation of counsel for plaintiffs dated 4/17/17, but filed on 8/26/19, requesting a continuance of the pretrial conference for about 45 days pending the outcome of the preliminary hearing in the state court criminal case against defendant. Appearances are required on 8/27/19 to discuss scheduling of further proceedings in light of the pending criminal case against defendant, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/18. No tentative ruling on the merits. Appearances are required on 2/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18 to discuss the status of the mediation and the matter in general, but counsel may appear by telephone.
Prior tentative ruling as of 8/31/18. No tentative ruling on the merits. Appearances are required on 9/4/18 to discuss the status of the mediation, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 7/9/18. The court has reviewed the joint pretrial stipulation filed on 7/3/18. The joint pretrial stipulation will need revision because it does not contain all the statements required for a joint pretrial stipulation set forth in Local Bankruptcy Rule 7016-1(b)(2), the witness list is incomplete as stated in the joint pretrial stipulation and the exhibit list is incomplete because not all of the exhibits are specifically listed and no objections to the exhibits are stated unless the parties waive objections.
Appearances are required on 7/10/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/19/18. Off calendar. Continued by stipulation and order to 7/10/18 at 2:00 p.m. No appearances are required on 6/19/18.
Prior tentative ruling as of 6/18/18. No tentative ruling on the merits. Appearances are required on 6/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 6/4/18. Off calendar. Continued by stipulation and order to 6/19/18 at 2:00 p.m. No appearances are required on 6/5/18.
Prior tentative ruling as of 5/21/18. Off calendar. Continued by stipulation and order to 6/5/18 at 2:00 p.m. No appearances are required on 5/22/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. See tentative ruling for matter no. 13 on the hearing calendar of 11/14/17. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the unilateral status report filed by defendant. Set a discovery cutoff date of 10/31/17 and a further postdiscovery status conference for 11/10/17 at 1:30 p.m. with a joint status report due on 11/3/17. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 5/19/17 and complete mediation by 11/10/17. Appearances are required on 4/18/17, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
1:30 PM
Debtor(s):
Anthony Roy Martinez Represented By Christian T Kim
Defendant(s):
Anthony Roy Martinez Pro Se
Plaintiff(s):
Lance Carter Represented By
Dana M Douglas
Jean Holmes Represented By
Dana M Douglas
Carriage Estates LLC Represented By Dana M Douglas
Adamantine Investments LLC Represented By Dana M Douglas
Sterling Holdings LLC Represented By Dana M Douglas
Lance Carter IRA 419990 Pro Se
Trustee(s):
Wesley H Avery (TR) Pro Se
1:30 PM
Adv#: 2:18-01134 Shon et al v. Kim et al
U.S.C. §§523(a)(2)(A) & (a)(6) and 11 U.S.C. §§727(a)(3)-(4), and declaratory relief fr. 9/18/18, 3/26/1, 6/25/19
Docket 1
No updated tentative ruling as of 10/21/19. Appearances are required on 10/22/19, but counsel may appear by telephone.
tentative ruling as of 6/24/19. Schedule a pretrial conference for this adversary proceeding if the matter is not being settled. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. The court has reviewed the stipulation of the parties regarding continuance of scheduled dates and hearings filed on 2/27/19 and based on that stipulation, set a new discovery cutoff date of 5/29/19 and a post-discovery status conference on 6/25/19 at 1:30 p.m. (status conferences are held on Tuesdays at 1:30 p.m.) with a joint status report due on 6/18/19. Order the matter to mediation, and the parties to file a selection of mediator and alternate mediator by 4/15/19 and complete mediation by 6/25/19. No appearances are required on 9/18/18. Plaintiffs to submit a proposed scheduling order within 7 days.
Prior tentative ruling as of 9/17/18. Set a discovery cutoff date of 2/28/19 and a post-discovery status conference on 3/26/19 at 1:30 p.m. with a joint status report due on 3/19/19. Order the matter to mediation, and the parties to file a selection of mediator and alternate mediator by 10/31/18 and complete mediation by 3/26/19. Appearances are required on 9/18/18, but counsel may appear by telephone. Plaintiffs to submit a proposed scheduling order within 7 days of the status conference.
Prior tentative ruling as of 7/30/18. No tentative ruling on the merits. Appearances are required on 7/31/18, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling. The court has reviewed the unilateral status reports filed by the parties. The court continues the status conference to 7/31/18 at 2:30 p.m. to be conducted with the hearing on defendants' amended motion to dismiss. No appearances are required on 7/10/18.
Although the parties failed to file a timely joint status report as required by Local Bankruptcy Rule 7016-1 and the court's status conference order, the court will not require at this time for the parties to file an updated and amended joint status report in light of the pendency of defendants' motion to dismiss.
However, the court notes that plaintiff has a jury trial demand on the face of the complaint, which the court will strike because there is no right to a jury trial on debt dischargeability and discharge denial claims in the adversary proceeding. The court also notes that the parties' consent to this court's jurisdiction to enter a final judgment on these core claims is not needed.
Debtor(s):
Jong J Kim Represented By
M Teri Lim
Defendant(s):
Jong Joo Kim Pro Se
Sun Y Kim Pro Se
Joint Debtor(s):
Sun Y Kim Represented By
M Teri Lim
Plaintiff(s):
Kevin Shon Represented By
Jason Shon
Sunny Shon Represented By
Jason Shon
1:30 PM
Trustee(s):
David M Goodrich (TR) Pro Se
1:30 PM
Adv#: 2:18-01209 Voong v. Trinh
Docket 1
Updated tentative ruling as of 10/21/19. Off calendar. Continued by
stipulation and order to 12/17/19 at 1:30 p.m. No appearances are required on 10/22/19.
Prior tentative ruling as of 6/11/19. Off calendar. Continued by stipulation and order to 8/20/19 at 1:30 p.m. No appearances are required on 6/12/19.
.
Prior tentative ruling as of 4/8/18. No tentative ruling on the merits. Appearances are required on 4/9/18, but counsel may appear by telephone.
Prior revised tentative ruling as of 11/6/18. Off calendar. Continued by stipulation and order to 3/5/19 at 1:30 p.m. No appearances are required on 11/6/18.
Prior tentative ruling as of 11/5/18. The court has reviewed the joint status report. The court tends to agree with plaintiff and defendant Trinh that a determination of whether the estate has an interest in the subject property first would be a more efficient use of litigation resources as that seems to be a straightforward issue. Deciding this issue is a threshold issue for Second Generation’s fraudulent transfer claims, and the parties would not have to litigate these claims if the assets were plaintiff’s separate property.
Appearances are required on 11/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/5/18. No tentative ruling on the merits. Appearances are required on 11/6/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/20/18. The court intends to advance the related
1:30 PM
matters on the court's 2:30 p.m. calendar to be heard with the status conference. However, the status conference will be conducted at the end of the 1:30 p.m. for matters in other cases to be called first. Appearances are required on 8/21/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
Defendant(s):
Catherine Trinh Pro Se
Plaintiff(s):
Kevin Voong Represented By
Dawn M Coulson
1:30 PM
Adv#: 2:19-01276 Goodrich v. Shemtov
§ 542
Docket 1
The court has reviewed the joint status report. Set a discovery cutoff date of 2/28/20, and a post-discovery status conference on 3/31/20 at 1:30 p.m. with a joint status report due on 3/24/20. Order the matter to mediation, and mediation to be completed by 3/31/20. Appearances are required on 10/22/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
George Shemtov Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
1:30 PM
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01277 Goodrich v. Shemtov
§ 542
Docket 1
The court has reviewed the joint status report. Set a discovery cutoff date of 2/28/20, and a post-discovery status conference on 3/31/20 at 1:30 p.m. with a joint status report due on 3/24/20. Order the matter to mediation, and mediation to be completed by 3/31/20. Appearances are required on 10/22/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Jack Shemtov Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
1:30 PM
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01278 Goodrich v. Shemtov
§ 542
Docket 1
The court has reviewed the joint status report. Set a discovery cutoff date of 2/28/20, and a post-discovery status conference on 3/31/20 at 1:30 p.m. with a joint status report due on 3/24/20. Order the matter to mediation, and mediation to be completed by 3/31/20. Appearances are required on 10/22/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Najid Shemtov Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
1:30 PM
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01279 Goodrich v. Shemtov
§ 542
Docket 1
The court has reviewed the joint status report. Set a discovery cutoff date of 2/28/20, and a post-discovery status conference on 3/31/20 at 1:30 p.m. with a joint status report due on 3/24/20. Order the matter to mediation, and mediation to be completed by 3/31/20. Appearances are required on 10/22/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Rojeh Shemtov Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
1:30 PM
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01280 Goodrich v. Shemtov
§ 542
Docket 1
The court has reviewed plaintiff's unilateral status report. Set a discovery cutoff date of 2/28/20, and a post-discovery status conference on 3/31/20 at 1:30 p.m. with a joint status report due on 3/24/20. Appearances are required on 10/22/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Simon Shemtov Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
1:30 PM
Adv#: 2:19-01282 AJU Small but Great Fund 5, a Korean entity v. You
For fraudulent written statements re financial condition (11 U.S.C. §523(a)(2)(B))
Fraud/defalcation while acting in fiduciary capacity, embezzlement, or larceny (11
U.S.C. §523(a)(4)); 4. Willful and malicious injury to another entity (11 U.S.C. §523(a) (6); 5. Securities fraud (11 U.S.C. §523(a)(19))
Docket 1
The court has reviewed the joint status report. Plaintiff should discuss to what extent it is relying upon claim and/or issue preclusion to prove its claims, and perhaps this case is amenable to cross-motions for summary judgment or a trial upon stipulated facts. Set a discovery cutoff date of 2/28/20, and a post- discovery status conference on 3/31/20 at 1:30 p.m. with a joint status report due on 3/24/20. Order the matter to mediation, and mediation to be completed by 3/31/20. Appearances are required on 10/22/19. After the status conference, plaintiff is to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Daniel Hyun You Represented By David Marh
Defendant(s):
Daniel Hyun You Pro Se
Plaintiff(s):
AJU Small but Great Fund 5, a Represented By James E Till
1:30 PM
Trustee(s):
Pio S Kim Alexander Su
Wesley H Avery (TR) Represented By Laila Masud
D Edward Hays
1:30 PM
Docket 9
No tentative ruling as of 10/21/19. Appearances are required on 10/22/19.
Debtor(s):
Gil Soon Shin Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
2:00 PM
Adv#: 2:18-01434 Ehrenberg v. Hatfield
Declaratory relief
fr. 2/12/19, 5/28/19, 8/27/19
Docket 1
Updated tentative ruling as of 10/21/19. No tentative ruling on the merits. Appearances are required on 10/22/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/26/19. The court has reviewed the joint pretrial stipulation and it appears to be in proper form to be approved, though the court notes that no objections have been interposed to any of the listed exhibits. The court thus presumes that there are no objections to the exhibits and all exhibits are to be received into evidence. However, if there are objections to any of the exhibits, the joint pretrial statement will need to be amended. Appearances are required on 8/27/19 to discuss scheduling of trial.
Prior tentative ruling as of 5/24/19. The court has reviewed the joint status report. Set a pretrial conference for 8/13/19 at 2:00 p.m. and a joint pretrial stipulation must be filed by 8/6/19. Appearances are required on 5/28/19 to discuss scheduling and the status of mediation, but counsel may appear by telephone.
Prior tentative ruling. Set a discovery cutoff date of 4/30/19 and a further postdiscovery status conference for 5/28/19 at 1:30 p.m. with a joint status report due on 5/7/19. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 3/12/19 and
2:00 PM
complete mediation by 5/28/19. Appearances are required on 2/12/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Denise Ann Hatfield Represented By Michael E Clark
Defendant(s):
Thomas Carson Hatfield Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Steven Werth
Trustee(s):
Howard M Ehrenberg (TR) Represented By Steven Werth
2:00 PM
fr. 5/30/19, 6/10/19, 8/21/19
Docket 248
Updated tentative ruling as of 10/21/19. In the case status report filed on 10/8/19, debtor stated that it intended to request a continuance of the hearing on the sale of the Stockton property for about 60 days. Appearances are required on 10/22/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. Off calendar. Continued by stipulation and order to 10/22/19 at 2:30 p.m. No appearances are required on 8/21/19.
Prior tentative ruling as of 6/10/19 at 1:25 p.m. Based on telephone request of counsel for debtor to postpone the hearing from 2:00 p.m. to 3:00 p.m. based on representations that the auction proceedings at 10:00 a.m. are protracted, that it may be difficult for the parties appearing at the auction to appear for the hearing at 2:00 p.m. and that all relevant parties consent to this short postponement, the court on its own motion reschedules the hearing from 2:00 p.m. to 3:00 p.m. Appearances are required at 3:00 p.m., not 2:00 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19 at 10:45 a.m. Based on telephone request of counsel for debtor to postpone the hearing from 1:00 p.m. to 2:00 p.m. based on representations that the auction proceedings at 10:00 a.m. are protracted, that it may be difficult for the parties appearing at the auction to appear for the hearing at 1:00 p.m. and that all relevant parties consent to this short postponement, the court on its own motion reschedules the hearing from 1:00 p.m. to 2:00 p.m. Appearances are required at 2:00 p.m., not 1:00 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 6/7/19. No tentative ruling on the merits.
2:00 PM
Appearances are required on 6/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/29/19. No tentative ruling on the merits. Appearances are required on 5/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. Appearances are required on 5/13/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
2:00 PM
Docket 1
Updated tentative ruling as of 10/21/19. The court has reviewed the case status report filed on 10/8/19. No tentative ruling on the merits. Appearances are required on 10/22/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. Off calendar. Continued by stipulation and order to 10/22/19 at 2:30 p.m. No appearances are required on 8/21/19.
Prior tentative ruling as of 6/10/19 at 1:25 p.m. Based on telephone request of counsel for debtor to postpone the status conference from 2:00 p.m. to 3:00 p.m. based on representations that the auction proceedings at 10:00
a.m. are protracted, that it may be difficult for the parties appearing at the auction to appear for the status conference at 2:00 p.m. and that all relevant parties consent to this short postponement, the court on its own motion reschedules the status conference from 2:00 p.m. to 3:00 p.m. Appearances are required at 3:00 p.m., not 2:00 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19 at 10:45 a.m. Based on telephone request of counsel for debtor to postpone the status conference from 1:00 p.m. to 2:00 p.m. based on representations that the auction proceedings at 10:00
a.m. are protracted, that it may be difficult for the parties appearing at the auction to appear for the status conference at 1:00 p.m. and that all relevant parties consent to this short postponement, the court on its own motion reschedules the status conference from 1:00 p.m. to 2:00 p.m. Appearances are required at 2:00 p.m., not 1:00 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 6/7/19. No tentative ruling on the merits. Appearances are required on 6/10/19, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling as of 5/29/19. No tentative ruling on the merits. Appearances are required on 5/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. No tentative ruling on the merits. Appearances are required on 5/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Off calendar. The court on its own motion continues the status conference to 4/30/19 at 2:30 p.m. to be conducted with the hearing on debtor's motion for an order approving sale of certain estate assets. No appearances are required on 4/17/19.
Prior tentative ruling as of 1/14/19. Appearances are required on 1/16/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
2:00 PM
Adv#: 2:19-01140 GemCap Lending I, LLC v. Great Rock Capital Partners Management, LLC
Docket 1
Off calendar. Continued by stipulation and order to 12/3/10 at 2:00 p.m. No appearances are required on10/22/19.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
Defendant(s):
Great Rock Capital Partners Pro Se
Plaintiff(s):
GemCap Lending I, LLC Represented By Carol Chow
2:30 PM
Adv#: 2:13-02021 Shannahan v. Minelian et al
Docket 170
No tentative ruling as of 10/21/19. Appearances are required on 10/22/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
ARSHAG J MINELIAN Represented By Mark M Sharf
Defendant(s):
Arshag J Minelian Represented By Yi S Kim
Arshag J Minelian Represented By James R Felton Yi S Kim
Movant(s):
Michael Shannahan Represented By James Bulger Kaela Haydu
Plaintiff(s):
Michael Shannahan Represented By James Bulger Kaela Haydu
2:30 PM
Trustee(s):
David L Ray (TR) Pro Se
2:30 PM
Application for fees and expenses [David M. Goodrich, Chapter 7 Trustee]
Docket 52
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 10/22/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Carolina Ruiz Represented By Raymond J Bulaon
Trustee(s):
David M Goodrich (TR) Represented By Leonard M Shulman Melissa Davis Lowe Jay Rothman
2:30 PM
[Shulman Hodges & Bastian, Attorney for Chapter 7 Trustee]
Docket 42
Approve final fee application of general bankruptcy counsel for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/22/19, but applicant and counsel may appear by telephone. Applicant or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Carolina Ruiz Represented By Raymond J Bulaon
Movant(s):
David M Goodrich (TR) Represented By Leonard M Shulman Melissa Davis Lowe Jay Rothman
Trustee(s):
David M Goodrich (TR) Represented By Leonard M Shulman Melissa Davis Lowe Jay Rothman
2:30 PM
[Hahn Fife & Company LLP, Accountant for Chapter 7 Trustee]
Docket 50
Approve final fee application of accountant for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/22/19, but applicant and counsel may appear by telephone. Applicant or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Carolina Ruiz Represented By Raymond J Bulaon
Movant(s):
Hahn Fife & Company., LLP Pro Se
Trustee(s):
David M Goodrich (TR) Represented By Leonard M Shulman Melissa Davis Lowe Jay Rothman
2:30 PM
Docket 199
No tentative ruling as of 10/21/19. The court notes that there is no proposed budget for March and April 2020. Appearances are required on 10/22/19, but counsel may appear by telephone.
Debtor(s):
Fox Property Holdings, LLC Represented By Timothy J Yoo Juliet Y Oh
Levene, Neale, Bender, Yoo & Brill LLP
2:30 PM
Adv#: 2:19-01284 Avery v. Latimer, III
Docket 7
No tentative ruling as of 10/21/19. Appearances are required on 10/22/19, but counsel may appear by telephone.
Debtor(s):
Ashley Latimer Represented By Lane K Bogard
Defendant(s):
Robert Whitney Latimer II Represented By Lane K Bogard
Movant(s):
Robert Whitney Latimer II Represented By Lane K Bogard
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By Ryan W Beall
David M Goodrich
2:30 PM
Application for fees and expenses [Elissa Miller, Chapter 7 Trustee]
Docket 46
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 10/22/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Sung Pyo Hong Represented By Young K Chang
Joint Debtor(s):
Sung Ja Hong Represented By
Young K Chang
Trustee(s):
Elissa Miller (TR) Represented By Claire K Wu
2:30 PM
Docket 44
Approve final fee application of general bankruptcy counsel for trustee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/22/19, but applicant and counsel may appear by telephone. Applicant or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Sung Pyo Hong Represented By Young K Chang
Joint Debtor(s):
Sung Ja Hong Represented By
Young K Chang
Movant(s):
SulmeyerKupetz, A Professional Represented By
Claire K Wu
Trustee(s):
Elissa Miller (TR) Represented By Claire K Wu
2:30 PM
Adv#: 2:19-01163 Starbucks Corporation v. Lee
Docket 24
Deny defendant's motion to dismiss the amended complaint because the complaint alleges plausible claims under 11 U.S.C. 727(a)(3) for failure to preserve records as defendant has allegedly failed to explain removal of a debt owed to Credit Advisors Foundation and the addition of a debt to Discover Bankruptcy Department on his amended schedules, under 11
U.S.C. 727(a)(4) for allegedly making false oaths as to the value of a gold bracelet on his schedules, the source of his income on his schedules and whether he owned a car or not as represented on his schedules and and under 11 U.S.C. 727(a)(5) for allegedly failing to explain the loss of assets to meet liabilities as to whether he allegedly failed to explain the loss of a vehicle when he had allegedly represented to plaintiff that he had such a vehicle prepetition. Defendant argues that the alleged failures are not material, but to resolve the issue of materiality, the court would have to look outside the pleadings to determine that, which is not permissible on a motion to dismiss. Appearances are required on 10/22/19, but counsel may appear by telephone.
Debtor(s):
MINSEOK LEE Represented By Jaenam J Coe
Defendant(s):
Minseok Lee Represented By
Jaenam J Coe
Plaintiff(s):
Starbucks Corporation Represented By
2:30 PM
Trustee(s):
Shayne Figgins Maria Keller
David M Goodrich (TR) Pro Se
2:30 PM
Adv#: 2:19-01163 Starbucks Corporation v. Lee
Docket 1
Updated tentative ruling as of 10/21/19. No tentative ruling on the merits. The court is of the view that there is no right to jury trial on plaintiff's debt dischargeability claims since such claims did not exist at common law, so no Seventh Amendment right to jury trial, and intends to order plaintiff to brief its claimed right to jury trial. Appearances are required on 10/22/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report, indicating that defendant has filed a motion to dismiss the amended complaint noticed for hearing on 10/22/19 at 2:30 p.m. The court on its own motion continues the status conference to 10/22/19 at 2:30 p.m. to be conducted with the hearing on the motion to dismiss the amended complaint since that matter will have an impact on the status of the adversary proceeding. No appearances are required on 10/1/19.
Debtor(s):
MINSEOK LEE Represented By Jaenam J Coe
Defendant(s):
Minseok Lee Pro Se
Plaintiff(s):
Starbucks Corporation Represented By Shayne Figgins Maria Keller
2:30 PM
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Adv#: 2:19-01198 Wheel Group Holdings, LLC v. Chong Putera
Docket 20
Off calendar. Continued by stipulation and order to 11/5/19 at 2:30 p.m. No appearances are required on 10/22/19.
Debtor(s):
Georgie Charlie Chong Putera Represented By Eliza Ghanooni
Defendant(s):
Georgie Charlie Chong Putera Represented By Matthew D. Resnik
M. Jonathan Hayes
Plaintiff(s):
Wheel Group Holdings, LLC Represented By Leslie R Horowitz Stephen E Hyam
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
Docket 6
Updated tentative ruling as of 10/21/19. No tentative ruling on the merits. Appearances are required on 9/17/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/17/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 8/26/19. Appearances are required on 8/29/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set an evidentiary hearing on the motion. Appearances are required on 8/20/19 to discuss scheduling.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
11:00 AM
Docket 1
Updated tentative ruling as of 10/21/19. No tentative ruling on the merits. Appearances are required on 10/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Brunelle Equities LLC Represented By Raymond H. Aver
11:00 AM
Docket 355
Approve fourth and final fee application of counsel for official committee of unsecured creditors for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/2219, but applicant and counsel may appear by telephone. Applicant or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 359
Disapprove fees for 7.3 hours for future services in preparing and appearing for motion for final decree and 2.6 hours for future services in preparing a post-confirmation status report and appearing for a post-confirmation status conference, but otherwise approve final fee application of general bankruptcy counsel for debtor in possession for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/2219, but applicant and counsel may appear by telephone. Applicant or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 364
Approve final fee application of legal translators for the creditors' committee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/22/19, but applicants and counsel may appear by telephone. Applicants or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 365
Approve final fee application of certified Korean/Enlgish interpreters for creditors' committee for reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 10/23/19, but applicants and counsel may appear by telephone. Applicants or Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
#6.00 Hearing re: Motion to convert case from chapter 11 to 7
Docket 154
Off calendar. The court determined that oral argument on the motion is not necessary, dispensed with it, vacated the hearing on 10/23/19, took the motion under submission and has issued a written order on the motion. No appearances are required on 10/23/19.
Debtor(s):
Peter G. Kudrave Pro Se
Movant(s):
Peter G. Kudrave Pro Se
Peter G. Kudrave Pro Se
11:00 AM
$8570.00, Expenses: $46.79. fr. 5/28/19, 8/28/19
Docket 138
Updated tentative ruling as of 10/21/19. Off calendar. The court determined that further oral argument on the motion is not necessary, dispensed with it, vacated the hearing on 10/23/19 and has issued a written order taking the motion under submission. No appearances are required on 10/23/19.
Prior tentative ruling. The court on its own motion continues the hearing to 8/28/19 at 11:30 a.m. pending receipt of Excel files relating to the billing entries on the fee application as supplemented and objections thereto. No appearances are required on 5/28/19.
Debtor(s):
Peter G. Kudrave Pro Se
11:00 AM
Docket 62
Updated tentative ruling as of 10/21/19. Off calendar. Continued on the court's own motion to 12/11/19 at 11:30 a.m. in light of the suggestion of debtor's death on the record by notice filed on 10/9/19 and the anticipated motion of the proposed probate estate of debtor to substitute itself for debtor to be filed within 90 days of the suggestion of death as provided by FRCP 25(a)(1). No appearances are required on 10/23/19.
Prior tentative ruling as of 8/26/19. Appearances are required on 8/28/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling. The disclosure statement does not contain adequate information. Regarding treatment of secured claims, the text in the plan
11:00 AM
refers to Article II, but no Article II is attached. Exhibit C to the plan refers to certain notes for each claim, but these notes do not adequately spell out the treatment of the primary secured claim to Wells Fargo Bank, the senior secured lender for the loan on debtor's residence. The disclosure statement should have a more detailed description of how this claim will be treated under the plan. The plan itself is not much better. It is hard to tell what is being proposed for treatment of the claim. The disclosure statement and plan will have to be revised for sake of clarity. If this is a cramdown situation, it does not appear that a 40 year payout is fair and equitable for this creditor, and debtor should probably consider taking out this creditor when the loan matures under the existing terms. Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
11:00 AM
Docket 1
Updated tentative ruling as of 10/21/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/13/19. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/25/19. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 2/4/19. No tentative ruling on the merits. Appearances are required on 2/6/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/14/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/17/18. No tentative ruling on the merits. Appearances are required on 9/19/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/30/18, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 3/26/18. No tentative ruling on the merits. Appearances are required on 3/28/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report proposing a claims bar date of 1/24/18 with notice being served by 11/8/17 and a disclosure statement filing deadline of 2/28/18. These dates are satisfactory, and debtor should submit a proposed scheduling order. Appearances are required on 11/1/17 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
JC Fits, Inc. Represented By
Joon M Khang
11:00 AM
Docket 277
Updated tentative ruling as of 10/21/19. Off calendar. Continued by
stipulation and order to 2/19/20 at 11:00 a.m. No appearances are required on 10/23/19.
Prior tentative ruling as of 5/14/19. Appearances are required on 5/15/19, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
fr. 7/17/19, 8/21/19
Docket 314
Off calendar. Continued by stipulation and order to 2/19/20 at 11:00 a.m. No
appearances are required on 10/23/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
fr. 7/17/19, 8/21/19
Docket 316
Off calendar. Continued by stipulation and order to 2/19/20 at 11:00 a.m. No
appearances are required on 10/23/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
fr. 7/17/19, 8/21/19
Docket 312
Off calendar. Continued by stipulation and order to 2/19/20 at 11:00 a.m. No
appearances are required on 10/23/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
fr. 7/17/19, 8/21/19, 8/21/19
Docket 310
Off calendar. Continued by stipulation and order to 2/19/20 at 11:00 a.m. No
appearances are required on 10/23/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 1
Updated tentative ruling as of 10/21/19. Off calendar. Continued by
stipulation and order to 2/19/20 at 11:00 a.m. No appearances are required on 10/23/19.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/23/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 7/13/18 and proposed date for filing a disclosure statement of 6/4/18 seem reasonable. Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By
11:00 AM
Alan W Forsley
11:00 AM
Docket 82
Updated tentative ruling as of 10/21/19. No tentative ruling on the merits. Appearances are required on 10/23/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/12/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Appearances are required on 4/17/19, but counsel may appear by telephone.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
11:30 AM
Docket 1
No tentative ruling as of 10/21/19. Appearances are required on 10/23/19.
Debtor(s):
Nora Magdalena Lavie Pro Se
10:00 AM
fr. 5/15/19, 7/19/19, 9/12/19
Docket 2423
Updated tentative ruling as of 10/16/19. Off calendar. Continued by stipulation and order to 11/21/19 at 1:30 p.m. No appearances are required on 10/24/19.
Prior tentative ruling as of 7/15/19. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 7/19/19.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling. Since the parties do not dispute that movant is not in technical compliance with LBR 2004-1 regarding a prefiling conference, the court will order movant to comply with this prefiling conference requirement before ruling on the motion on the merits.
In reviewing the motion, the court has concerns regarding the volume of documents requested by movant which do not appear to be entirely relevant and reasonable and appears to be burdensome and oppressive. In some respect, movant has proposed modifications in the document production requests in his reply, which should be discussed by the parties in their
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prefiling conference under LBR 2004-1(a).
It seems to the court that movant has standing to request "reasonable and relevant" information about estate administration, but not all the information requests seem to be reasonable and relevant and may be proprietary information not available to parties who intend to compete with debtor's business, such as movant. That movant has a right to ply his trade does not mean that he is entitled to proprietary information of the estate to compete with debtor.
The court will set a further hearing on the motion for a date that the parties have had their prefiling conference and have had an opportunity to identify and discuss in further briefing their remaining differences.
Appearances are required on 2/19/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Movant(s):
Douglas Chrismas Represented By David B Shemano Alan W Forsley Jonathan Shenson
4:00 PM
Docket 27
NONE LISTED -
NONE LISTED -
Debtor(s):
Nana Baidoobonso I AM Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 9
No updated tentative ruling as of 10/28/19. Appearances are required on 10/29/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/21/19. Appearances are required on 10/22/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/11/19. No tentative ruling on the merits. Appearances are required on 10/15/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/30/19. Appearances are required on 10/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Nana Baidoobonso I AM Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:18-01253 Shabpareh v. NELNET EDUCATION LOAN NETWORK dba NELNET,
fr. 10/9/18, 1/29/19, 4/16/19
Docket 1
Updated tentative ruling as of 10/28/19. Off calendar. Rescheduled by prior notice to 11/5/19 at 2:00 p.m. No appearances are required on 10/29/19.
Prior tentative ruling as of 4/15/19. The court has reviewed the joint status report. Set a discovery cutoff date of 8/31/19, and a pretrial conference on 10/29/19 at 2:00 p.m. with a filing deadline for a joint pretrial stipulation on 10/22/19 Appearances are required on 4/16/19 to discuss scheduling and plaintiff’s request for mediation, but counsel may appear by telephone.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/29/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 10/9/18 to discuss scheduling of further proceedings, but counsel may appear by telephone.
Debtor(s):
Melody Shabpareh Represented By
Thomas E Brownfield
Defendant(s):
NELNET EDUCATION LOAN Pro Se
University of Phoenix, Inc. Pro Se
2:00 PM
Plaintiff(s):
Melody Shabpareh Represented By
Thomas E Brownfield
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01302 Klein et al v. Safyari et al
(11 U.S.C. §523(a)(4); and, 3. recovery of property (F.R.B.P. 9001(1)) fr. 11/27/18, 5/14/19, 6/11/19
Docket 1
Updated tentative ruling as of 10/28/19. Rescheduled by prior notice to 11/5/19 at 2:00 p.m. No appearances are required on 10/29/19.
Prior tentative ruling as of 6/10/19. Set a discovery cutoff date of 8/31/19 and a pretrial conference for 10/29/19 at 2:00 p.m. A joint pretrial stipulation must be filed by 10/22/19. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. No tentative ruling on the merits. Appearances are required on 5/14/19 to address why monetary sanctions of
$100 should not be imposed against counsel for each party, but counsel may appear by telephone.
Prior tentative ruling. Set a discovery cutoff date of 4/30/19, order the matter to mediation, the parties to select a mediator and alternate by 12/31/18 and complete mediation by 5/14/19 and set a post-discovery status conference for 5/14/19 at 1:30 p.m. and deadline for filing a further joint status report of 5/7/19. Appearances are required on 11/27/18, but counsel may appear by telephone. Plaintiff to lodge a proposed scheduling order within 7 days of hearing.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
2:00 PM
Defendant(s):
Ben B. Safyari Pro Se
ADY PROPERTY, LLC a California Pro Se
Plaintiff(s):
Joe Klein Represented By
Niv V Davidovich
MJK 18, LLC a Nevada limited Pro Se
10:30 AM
Docket 8
Off calendar. Motion withdrawn by notice of voluntary dismissal filed on 10/4/19. No appearances are required on 11/5/19.
Debtor(s):
SAP DIGITAL CORP. Represented By Jonathan J. Lo
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
(American Honda Finance Corporation VS Debtor)
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Edik Gharamanian Represented By Sevan Gorginian
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Milagro Diaz Pro Se
Joint Debtor(s):
Myron Ediberto Diaz Monteroso Pro Se
Movant(s):
Southland Credit Union Represented By Karel G Rocha
Southland Credit Union Represented By
10:30 AM
Trustee(s):
Karel G Rocha
Heide Kurtz (TR) Pro Se
10:30 AM
(The Bank of New York Mellon VS Debtors)
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non- opposition. Deny relief pursuant to 11 U.S.C. 362(d)(2) because valuation opinion to show lack of equity in collateral not signed under declaration of penalty of perjury and thus, such opinion is not admissible evidence. The 14- day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Luis Felipe Velasquez Represented By Jaime A Cuevas Jr.
Joint Debtor(s):
Griselda Eloisa Velasquez Represented By Jaime A Cuevas Jr.
10:30 AM
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 15
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Matthew Isiah Pineda Represented By Raymond Perez
Joint Debtor(s):
Jacqueline Adela Santana Renteria Represented By
Raymond Perez
Movant(s):
Santander Consumer USA Inc., dba Represented By
Jennifer H Wang
10:30 AM
Trustee(s):
John J Menchaca (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Martin Angel Jr. Represented By Lauren M Foley
Trustee(s):
Timothy Yoo (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Isaura Gabriela Araujo Represented By Bernal P Ojeda
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
11:00 AM
fr. 7/30/19
Docket 108
Updated tentative ruling as of 11/4/19. Off calendar. Continued by stipulation
and order to 11/12/19 at 11:00 a.m. No appearances are required on 11/5/19.
Prior tentative ruling. Deny stay relief motion for failure of creditor to meet its burden of proving lack of equity of debtor in collateral under 11 U.S.C. 362(g) (1). Creditor's moving papers on their face show that debtor has equity in the subject property and thus fail to demonstrate lack of equity under 11 U.S.C.
362(d)(2). Moreover, creditor's moving papers lack admissible evidence to demonstrate lack of equity to demonstate lack of adequate protection under 11 U.S.C. 362(d)(1) because its valuation evidence is not supported by a declaration under penalty of perjury by a qualified valuation expert witness who has conducted a proper valuation analysis based on scientifically accepted valuation principles (i.e., sales comparables analysis) and only consists of hearsay opinions of unknown persons based on unknown analysis. Furthermore, creditor's moving papers on their face fail to demonstate lack of adequate protection since they indicate a 28% equity cushion to adequately protect its lien interest in the subject property. In re Mellor, 734 F.2d 1396 (9th Cir. 1984). Finally, deny requests for extraordinary relief in paragraphs 8, 10 and 11 for lack of evidentiary and/or legal support.
In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
11:00 AM
1:30 PM
Adv#: 2:19-01332 Avery v. Leya Technologies, LLC et al
Docket 1
Off calendar. The court has reviewed the joint status report, noting that pending motions of defendants to dismiss certain claims and motion of third parties to substitute or intervene were noticed for hearing on 11/12/19 at 2:30
p.m. and suggesting that the status conference be continued to that date or some date after. The court takes judicial notice that it had ordered that the hearing on the motion to dismiss as amended in light of the amended complaint was continued to 12/3/19 at 2:30 p.m. Accordingly, the court on its own motion continues the status conference to 12/3/19 at 2:30 p.m. to be conducted with the hearing on the motion to dismiss claims of the amended complaint now set for 12/3/19 at 2:30 p.m. because the ruling on the motion may have an impact on the status of the matter. No appearances are required on 11/5/19.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Leya Technologies, LLC Pro Se
Bahram Bordbar Pro Se
Malahat Bordbar Pro Se
Sara Bordbar Pro Se
1:30 PM
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay Lindsey L Smith Irving M Gross
1:30 PM
Adv#: 2:19-01250 Goodrich v. EBAY, Inc.
fr. 10/1/19
Docket 1
Updated tentative ruling as of 11/4/19. The court has reviewed plaintiff's unilateral status report. Set a discovery cutoff date of 2/28/20, and a post- discovery status conference on 3/31/20 at 1:30 p.m. with a joint status report due on 3/24/20. Appearances are required on 10/22/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report, stating that defendant has not responded to the complaint, but the parties are exchanging information and plaintiff has granted defendant an informal extension of time to respond to the complaint. No tentatve ruling on the merits. Appearances are required on 10/1/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
EBAY, Inc. Pro Se
Plaintiff(s):
David M. Goodrich Represented By
1:30 PM
Trustee(s):
Faye C Rasch
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01251 Goodrich v. Eghbali
fr. 10/1/19
Docket 1
The court has reviewed plaintiff's unilateral status report. Set a discovery cutoff date of 2/28/20, and a post-discovery status conference on 3/31/20 at 1:30 p.m. with a joint status report due on 3/24/20. Appearances are required on 10/22/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Michael Eghbali Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
1:30 PM
Adv#: 2:18-01464 Neuger et al v. Salke
fr. 5/7/19, 5/14/19, 6/11/19
Docket 1
Off calendar. Judgment entered on 9/3/19. No appearances are necessary.
Debtor(s):
Alan Eugene Salke Represented By Simon Aron
Defendant(s):
Alan Eugene Salke Pro Se
Plaintiff(s):
Win Neuger Represented By
J Scott Bovitz
Marshall Manley Represented By J Scott Bovitz
Peter A. Feinstein, M.D. Represented By J Scott Bovitz
Marshall Manley, Administrator of Represented By
J Scott Bovitz
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Adv#: 2:19-01284 Avery v. Latimer, III
U.S.C. § 544(a)93); (3) For Recovery of Avoided Transfers Under 11 U.S.C. § 550; and
To Preserve Transfer for the Benefit of the Estate Pursuant to 11 U.S.C. § 551
Docket 1
Off calendar. The court has reviewed the joint status report. In light of the court's order of 10/24/19 granting defendants' motion to dismiss with leave to amend on certain conditions, the court on its own motion continues the status conference to 12/10/19 at 1:30 p.m. The court waives the requirement of a written joint status report for the status conference on 12/10/19. No appearances are required on 11/5/19.
Debtor(s):
Ashley Latimer Represented By Lane K Bogard
Defendant(s):
Robert Whitney Latimer II Pro Se
Plaintiff(s):
Wesley H. Avery Represented By David M Goodrich
Trustee(s):
Wesley H Avery (TR) Represented By Ryan W Beall
David M Goodrich
1:30 PM
Adv#: 2:19-01102 Sunderland et al v. Okland
U.S.C. §§727(a)(2)-(5)]
fr. 6/11/19, 8/13/19, 10/8/19
Docket 1
Updated tentative ruling as of 11/4/19. No tentative ruling on the merits. Appearances are required on 11/5/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/19. The court has reviewed the joint status report, stating that defendant's counsel has been unable to communicate with his client and may have to file a motion to withdraw. Appearances are required on 10/8/19 to discuss the status of counsel's efforts to communicate with defendant and whether a motion to withdraw will be filed, but counsel may appear by telephone.
Prior tentative ruling as of 8/12/19. Off calendar. Continued by stipulation and order to 10/8/19 at 1:30 p.m. No appearances are required on 8/13/19.
Prior tentative ruling. The court has reviewed plaintiffs' unilateral status report and notes that plaintiffs resubmitted a request for entry of default on 6/7/19.
The court on its own motion continues the status conference to 8/13/19 at 1:30 p.m. in order for plaintiffs' request for entry of default be considered by the court and for plaintiffs to prepare and file a motion for entry of default judgment. No appearances are required on 6/11/19.
Debtor(s):
Dean Henrik Okland Represented By Matthew D. Resnik
Roksana D. Moradi-Brovia
1:30 PM
Defendant(s):
Dean Henrik Okland Represented By
Roksana D. Moradi-Brovia
Plaintiff(s):
Jennifer Sunderland Represented By Kimberly Wright
James Farrow Represented By Kimberly Wright
1:30 PM
Adv#: 2:19-01198 Wheel Group Holdings, LLC v. Chong Putera
fr. 9/3/19
Docket 1
Updated tentative ruling as of 11/4/19. The court will conduct the status conference at 2:00 p.m. with the hearing on the motion to dismiss the amended complaint which will be advanced from the 2:30 p.m. calendar to 2:00 p.m. No tentative ruling on the merits as to the status conference.
Appearances are required on 11/5/19 at 2:00 p.m., but counsel may appear by telephone.
Prior tentative ruling as of 8/30/19. Appearances are required on 9/3/19, but counsel may appear by telephone.
The court notes some proofreading deficiencies in the caption of the joint status report: (1) there is a fictitious bar number for Attorney Horowitz since California bar numbers are not yet in the 900,000s; (2) the name of plaintiff's law firm is spelled wrong. On page 2, item B.2, plaintiff refers to taking third party discovery by "spuboena." On page 3, item E.1, there is a reference to informal settlement discussions before and after the "Bankrupty cse" was filed. Pleadings filed with the court should be proofread carefully before submission. While these deficiencies are not material, they indicate a lack of care in preparing court documents and do not reflect well on the drafter.
Debtor(s):
Georgie Charlie Chong Putera Represented By Eliza Ghanooni
Defendant(s):
Georgie Charlie Chong Putera Pro Se
1:30 PM
Plaintiff(s):
Wheel Group Holdings, LLC Represented By Leslie R Horowitz
Trustee(s):
Sam S Leslie (TR) Pro Se
1:30 PM
Adv#: 2:19-01286 EAST WEST BANK v. You
Docket 1
Corrected tentative ruling as of 11/5/19. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Plaintiff should be prepared to discuss the impact of the court's order of 10/30/19 approving the stipulation between Debtor and the Chapter 7 Trustee waiving Debtor's discharge in the underlying bankruptcy case. Appearances are required on 11/5/19, but counsel may appear by telephone.
Debtor(s):
Daniel Hyun You Represented By David Marh
Defendant(s):
Daniel Hyun You Pro Se
Plaintiff(s):
EAST WEST BANK Represented By Anthony J Napolitano
Trustee(s):
Wesley H Avery (TR) Represented By Laila Masud
D Edward Hays
1:30 PM
Adv#: 2:19-01291 Avery (TR) v. Dominguez
Docket 1
Off calendar. Continued by stipulation and order to 11/19/19 at 1:30 p.m. No appearances are required on 11/5/19.
Debtor(s):
Christopher A. Castanon Represented By Steven B Lever
Defendant(s):
Nayeli Dominguez Pro Se
Plaintiff(s):
Wesley H. Avery (TR) Represented By Laila Masud Chad V Haes
Trustee(s):
Wesley H Avery (TR) Represented By
D Edward Hays Chad V Haes Laila Masud
2:00 PM
Adv#: 2:19-01205 Evans et al v. Tippie et al
fr. 8/13/19, 9/10/19
Docket 6
Updated tentative ruling as of 11/5/19. Off calendar. Continued to 1/8/20 at 2:00 p.m. by prior order of the court pending a ruling on the motion to recuse by Judge Brand. No appearances are required on 11/5/19.
Prior tentative ruling as of 9/9/19. No tentative ruling on the merits. The matter is still staying pending a ruling by Judge Brand on Plaintiff's motion to recused the assigned judge. Appearances are required on 9/10/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Off calendar. The court on its own motion has issued an order continuing the hearing on the motion to 9/10/19 at 2:30 p.m. pending resolution of Plaintiff's motion to recuse the assigned judge. No appearances are required on 8/13/19.
Debtor(s):
C & M Russell, LLC Represented By Alan G Tippie Elizabeth Jiang
Defendant(s):
Alan G. Tippie Represented By
David J Richardson
2:00 PM
SulmeyerKupetz, APC Represented By
David J Richardson
Plaintiff(s):
Mattie Belinda Evans Pro Se
C & M Russell, LLC Pro Se
2:00 PM
Adv#: 2:19-01205 Evans et al v. Tippie et al
fr. 8/13/19, 9/10/19
Docket 1
Updated tentative ruling as of 11/5/19. Off calendar. Continued to 1/8/20 at 2:00 p.m. by prior order of the court pending a ruling on the motion to recuse by Judge Brand. No appearances are required on 11/5/19.
Prior tentative ruling as of 9/9/19. No tentative ruling on the merits. The matter is still staying pending a ruling by Judge Brand on Plaintiff's motion to recused the assigned judge. Appearances are required on 9/10/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Off calendar. The court on its own motion has issued an order continuing the status conference in this adversary proceeding to 9/10/19 at 2:30 p.m. pending resolution of Plaintiff's motion to recuse the assigned judge. No appearances are required on 8/13/19.
Debtor(s):
C & M Russell, LLC Represented By Alan G Tippie Elizabeth Jiang
Defendant(s):
Alan G. Tippie Represented By
David J Richardson
2:00 PM
SulmeyerKupetz, APC Represented By
David J Richardson
Plaintiff(s):
Mattie Belinda Evans Pro Se
C & M Russell, LLC Pro Se
2:00 PM
Adv#: 2:18-01253 Shabpareh v. NELNET EDUCATION LOAN NETWORK dba NELNET,
fr. 1/29/19, 4/16/19, 10/29/19
Docket 1
Off calendar. The adversary proceeding was dismissed by stipulation and order. No appearances are necessary.
Debtor(s):
Melody Shabpareh Represented By
Thomas E Brownfield
Defendant(s):
NELNET EDUCATION LOAN Pro Se
University of Phoenix, Inc. Pro Se
Plaintiff(s):
Melody Shabpareh Represented By
Thomas E Brownfield
Trustee(s):
Wesley H Avery (TR) Pro Se
2:00 PM
Adv#: 2:18-01302 Klein et al v. Safyari et al
(11 U.S.C. §523(a)(4); and, 3. recovery of property (F.R.B.P. 9001(1)) fr. 5/14/19, 6/11/19, 10/29/19
Docket 1
Off calendar. The adversary proceeding is moot because the underlying bankruptcy case was dismissed. No appearances are necessary.
Debtor(s):
Ben B. Safyari Represented By Raymond H. Aver
Defendant(s):
Ben B. Safyari Pro Se
ADY PROPERTY, LLC a California Pro Se
Plaintiff(s):
Joe Klein Represented By
Niv V Davidovich
MJK 18, LLC a Nevada limited Pro Se
2:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Docket 120
Revised tentative ruling as of 11/5/19 at 9:30 a.m.
Overrule defendants' objections to declaration of Michelle McArn.
Sustain plaintiff's objections to declaration of Phillip White on grounds of relevance and hearsay since testimony does not relate to issue of perfection and notice of defendants' alleged mechanics lien.
Sustain plaintiff's objections to declaration of Sherman Lee on grounds of relevance and hearsay since testimony does not relate to issue of perfection and notice of defendants' alleged mechanics lien.
Overrule plaintiff's objection to page 15, line 11 of declaration of Greta Curtis ("Exhibit C"), sustain objection to page 17, line 17 (part 1) of this declaration on grounds of lack of foundation, and sustain other objections to this declaration on grounds of relevance and hearsay since testimony does not relate to issue of perfection and notice of defendants' alleged mechanics lien.
Grant plaintiff's motion for partial summary adjudication for the reasons stated in the moving and reply papers. Defendants' arguments do not address the uncontroverted facts that defendants did not meet the timeliness requirements of 11 U.S.C. 546(b)(2) and California Civil Code Section 8460 as shown by the exhibits attached to the Fritz Declaration, including the Superior Court documents, such as the complaint and docket for the mechanic lien enforcement action, and the recorded notice of mechanics lien. Defendants' request for continuance for discovery would not assist them in defending the motion for purposes of FRBP 7056 and FRCP 56(d) because such discovery was to prove some larceny claim against debtor rather than proving a properly perfected mechanics lien which is the matter now at issue
2:30 PM
before the court. Defendants' argument that the summary judgment motion deadline of FRBP 7056 should be disregarded in favor of the one in FRCP 56(b) is not supported by any cited legal authority, and such argument is contrary to the express language of FRBP 7056 which applies to adversary proceedings such as this one.
However, the references to Exhibits 17 and 18 in the Fritz Declaration in proposed statement of undisputed facts no. 20 regarding the claims bar date are incorrect. The court did not see the notice of claims bar date as an exhibit, but the court could take judicial notice of it as Docket No. 30 in the main bankruptcy case. The claims bar date was authorized by oral ruling at the status conference on 2/28/18.
Plaintiff's proposed order on the motion for partial summary judgment probably should not be called "Summary Judgment on Partial Adjudication." The court is not sure that it has authority to approve paragraph 7 to require defendants to remove the disputed lien now before entry of final judgment since the granting of the motion for partial summary adjudication is not the final judgment in the adversary proceeding as there are unresolved claims of the amended complaint (Claims 1 and 5 and possibly 6 remain unresolved).
The court is inclined to award reasonable attorneys' fees if the motion is granted. However, Plaintiff will need to file an application for fees with billing entries so the court can examine the reasonableness of the fees on regular notice, and defendants will need to interpose any objections to the application pursuant to the time limits provided under the local rules.
If the court grants the motion as set forth in the tentative ruling, the court and the parties will have to discuss the impact of the ruling on the pretrial conference scheduled for 11/12/19 at 2:00 p.m.
Appearances are required on 11/5/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
2:30 PM
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
Defendant(s):
Ammec, Inc. Represented By
John Barriage
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:30 PM
fr. 8/20/19, 9/10/19, 10/2/19
Docket 323
Off calendar. Motion voluntarily dismissed by notice filed on 10/17/19. No appearances are necessary.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith Riley C Walter
2:30 PM
Docket 21
Grant trustee's motion to approve stipulation re: compromise of claims relating to attorneys' fees awarded in state court case for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 11/5/19, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
George Amir Michael Represented By Michael Jay Berger
Trustee(s):
Carolyn A Dye (TR) Pro Se
2:30 PM
Adv#: 2:19-01198 Wheel Group Holdings, LLC v. Chong Putera
fr. 10/22/19
Docket 20
The court advances the hearing on defendant's motion to dismiss the amended complaint to its 2:00 p.m. calendar to be conducted with the status conference on calendar on 11/5/19. Grant motion to dismiss for the reasons stated in the moving papers because the amended complaint fails to allege facts that support an enforceable claim of plaintiff under state law against defendant which would be nondischargeable. As observed by one bankruptcy law treatise, "[c]reditors seeking a nondischargeability judgment must first establish an enforceable claim under state law (whether or not the claim has been filed in the bankruptcy proceeding)." 4 March, Ahart and Shapiro, Rutter Group Practice Guide: Bankruptcy, paragraph 22-1641 (2018). This is so because the statutory language of 11 U.S.C. 523 does not provide for the creation of debts, but rather for determination of such existing debts as nondischargable under certain conditions. Del Bino v. Bailey (In re Bailey), 197 F.3d 997, 1001 (9th cir. 1999)(bankruptcy law governs whether a claim is nondischargeable pursuant to 11 U.S.C. 523, state law determines whether a creditor has a claim against debtor, such as for the tort of conversion.); see also, Lockerby v. Sierra, 535 F.3d 1038 (9th Cir. 2008) (a cause of action for willful and malicious injury under 11 U.S.C. 523(a)(6) must be supported by misconduct rising to the level of a tort under state law).
Plaintiff in the amended complaint in paragraphs 7, 8 and 15 apparently alleges that defendant made fraudulent representations to plaintiff that plaintiff owed his company twice for double-billing for shipping services and for receiving payment on shipping services, but not paying the subcontractor which actually shipped plaintiff's goods, which false representations would support claims of willful and malicious injury. However, the amended complaint does not allege any facts that defendant made such
2:30 PM
misrepresentations. The amended complaint just conclusorily alleges that defendant made misrepresentations, but does not refer to any state law tort standard. The amended complaint does not allege facts to support the elements of a claim of fraudulent misrepresentation under state law: (1) misrepresentation (false representation, concealment or nondisclosure); (2) knowledge of falsity (or scienter); (3) intent to defraud; (d) justifiable reliance; and (5) resulting damage. Engalla v. Permanente Medical Group, Inc., 15 Cal.4th 951, 974 (1997).
Because it appears at this time further amendment would not be futile to allege factual allegations of misrepresentations, the court would grant leave for plaintiff to amend once more pursuant to FRCP 15(a)(2). Plaintiff to file and serve a further amended complaint within 30 days. Appearances are required on 11/5/19, but counsel may appear by telephone.
Debtor(s):
Georgie Charlie Chong Putera Represented By Eliza Ghanooni
Defendant(s):
Georgie Charlie Chong Putera Represented By Matthew D. Resnik
M. Jonathan Hayes
Plaintiff(s):
Wheel Group Holdings, LLC Represented By Leslie R Horowitz Stephen E Hyam
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
Docket 64
Off calendar. The hearing was continued to 12/4/19 at 1:30 p.m. by prior order. No appearances are required on 11/5/19.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
11:00 AM
Docket 1
Updated tentative ruling as of 11/4/19. Off calendar. Continued by stipulation
and order to 12/11/19 at 11:00 a.m. No appearances are required on 11/6/19.
Prior tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
Docket 96
Approve final fee application of general bankruptcy counsel for debtor in possession for the reasons stated in the application and for lack of timely written opposition. Appearances are optional on 11/6/19, but applicant may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes Luis A Solorzano
Movant(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes Giovanni Orantes Giovanni Orantes Luis A Solorzano Luis A Solorzano Luis A Solorzano
11:00 AM
Docket 98
Grant debtor's motion for final decree, entry of discharge and order closing case for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 11/6/19, but counsel may appear by telephone. Counsel to submit a proposed order within 7 days of hearing.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes Luis A Solorzano
Movant(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes Giovanni Orantes Giovanni Orantes Luis A Solorzano Luis A Solorzano Luis A Solorzano
11:00 AM
Docket 67
Off calendar. Motion renoticed for hearing on 12/4/19 at 11: 00 a.m. No
appearances are required on 11/6/19.
Debtor(s):
Roger Timothy Ruiz Represented By Marcus G Tiggs
10:30 AM
(American Honda Finance Corporation VS Debtors)
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Rodolfo Manuel Villasenor Represented By Daniel King
Joint Debtor(s):
Martha Jessica Villasenor Represented By Daniel King
Movant(s):
AMERICAN HONDA FINANCE Represented By
Vincent V Frounjian
10:30 AM
Trustee(s):
Sam S Leslie (TR) Pro Se
10:30 AM
fr. 10/22/19
Docket 8
Updated tentative ruling as of 11/8/19. The court notes that an order dismissing the bankruptcy case for failure of debtor to appear at the meeting of creditors under 11 U.S.C. 341(a) was filed on 11/4/19, stating that all pending motions and adversary proceedings are moot and dismissed. If movant believes that the motion is not moot or otherwise it is entitled to an order granting stay relief despite dismissal of the case, movant can appear and be heard on 11/12/19. Appearances are optional on 11/12/19, but counsel may appear by telephone. If no appearance is made, the court will deny the motion is moot.
Prior tentative ruling as of 11/7/19. Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Prior tentative ruling. Movant has not filed adequate evidence of standing. The third party lien and title information report is not a properly authenticated
10:30 AM
certificate of title pursuant to Federal Rules of Evidence 901 and 902. Appearances are required on 10/22/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Jose Gerson Zetina Represented By
Nicholas Nicholas Wajda
Movant(s):
Sierra Credit Corporation Represented By Adam N Barasch
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 8
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non- opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Roberto Adrian Barrena Sr. Represented By Joseph Collier
Joint Debtor(s):
Jacqueline Nacilla Barrena Represented By Joseph Collier
Movant(s):
Cab West LLC Represented By Jennifer H Wang
10:30 AM
Trustee(s):
Heide Kurtz (TR) Pro Se
11:00 AM
fr. 7/30/19, 11/5/19
Docket 108
Updated tentative ruling as of 11/8/19. Off calendar. Continued by stipulation
and order to 11/14/19 at 11:30 a.m. No appearances are required on 11/12/19.
Prior tentative ruling as of 11/7/19. Having read the supplemental briefs filed by the parties, at this time, the court is inclined to agree with debtor that the motion is premature because he still has time to cure and pay off movant's lien to secure the loan on debtor's principal residence before it matures on 12/1/19 and would deny the motion without prejudice or continue with movant's consent the hearing to after the maturity date because debtor seeks to recover the equity in the property for the estate. (The court notes that debtor filed a motion for approval of postpetition financing to approve a new loan to take out the existing loans on the property on 11/7/19, which has been set for hearing on shortened notice on 11/14/19 at 11:30 a.m.) However, past the maturity date, the limited case law on point favors movant's position that cause is shown for stay relief because the failure to pay off the loan by the maturity date is an uncurable default which cannot be cured by any Chapter 11 plan because any plan that does not pay off the loan by the maturity date is an impermissible modification of movant's lien rights contrary to 11 U.S.C. 1123(b)(5). In re Crump, 529 B.R. 106 (Bankr. D. S.C. 2015); In re Sampson, 2018 WL 4786404 (Bankr. M.D. Fla. 2018); In re Clay, 204 B.R. 786 (Bankr.
N.D. Ala. 1996); see also, Worthington v. General Motors Corp. (In re Claremont Acquisition Corp.), 113 F.3d 1029 (9th Cir. 1997). These cases note that the statutory exception in Chapter 13 cases to extend a due date of a maturing loan on the debtor's principal residence does not apply to Chapter 11 cases, indicating that Congress did not mean to provide for such exception for Chapter 11 plans. Appearances are required on 11/12/19, but counsel
11:00 AM
may appear by telephone.
Prior tentative ruling. Deny stay relief motion for failure of creditor to meet its burden of proving lack of equity of debtor in collateral under 11 U.S.C. 362(g) (1). Creditor's moving papers on their face show that debtor has equity in the subject property and thus fail to demonstrate lack of equity under 11 U.S.C.
362(d)(2). Moreover, creditor's moving papers lack admissible evidence to demonstrate lack of equity to demonstate lack of adequate protection under 11 U.S.C. 362(d)(1) because its valuation evidence is not supported by a declaration under penalty of perjury by a qualified valuation expert witness who has conducted a proper valuation analysis based on scientifically accepted valuation principles (i.e., sales comparables analysis) and only consists of hearsay opinions of unknown persons based on unknown analysis. Furthermore, creditor's moving papers on their face fail to demonstate lack of adequate protection since they indicate a 28% equity cushion to adequately protect its lien interest in the subject property. In re Mellor, 734 F.2d 1396 (9th Cir. 1984). Finally, deny requests for extraordinary relief in paragraphs 8, 10 and 11 for lack of evidentiary and/or legal support.
In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
11:00 AM
fr. 8/13/19
Docket 127
Updated tentative ruling as of 11/8/19. Off calendar. Continued by stipulation
and order to 11/14/19 at 11:30 a.m. No appearances are required on 11/12/19.
Prior tentative ruling as of 11/7/19. The court is inclined to deny the stay relief motion for now because debtor is the indirect beneficial owner of real property as the 100% shareholder of the entity that holds title to the property and that he is seeking to have the entity dissolved and/or have the property transferred by the entity to him. Thus, it appears to the court that the estate has an indirect beneficial interest in the property which is property of the estate under the particular circumstances of this case. Debtor is taking steps to realize potential value in the property he indirectly owns to pay off the existing lien to movant and to pay other creditors, and it seems plausible that he could fix and flip the property for a profit to pay creditors. Debtor argues that his burden "is merely show that SOME Plan is not 'patently unconfirmable.'" Further Opposition, ECF 184 at 4; see also, Movant's Supplemental Brief, ECF 172 at 3, citing In re Sun Valley Newspapers, Inc., 171 B.R. 71, 75 (9th Cir. BAP 1994)(cited for the proposition that debtor must make a showing that a proposed or contemplated plan is not patently unconfirmable and has a realistic chance of being confirmed). The court would not put it that way, but rather as the Ninth Circuit stated in In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993), "[a] debtor must, however, produce some evidence that its plan could be confirmed by a reasonable bankruptcy judge."
Debtor's declaration in opposition indicates some evidence that a fix and flip for the property could be part of a confirmable plan. The court agrees with debtor that movant's claim could be modified despite it being a matured loan and an appropriate cramdown rate of interest can be proposed in a plan and
11:00 AM
that adequate protection is not necessary where the creditor is undersecured based on the "as is" valuation of the property. The court notes that debtor in his further opposition to reply, ECF 193, stated that he was going to refinance the loan to pay off movant in full, but provided no specific details, and that previously debtor stated that he was obtaining construction financing in his original opposition, ECF 141. The court was contemplating denying the motion without prejudice and allow 3 months for debtor to formulate a course of action for fixing and flipping the property or for obtaining a refinancing loan. The issue of the effectiveness of the transfer of the property to debtor from the entity or the dissolution of the entity is material as to whether or not there can be a refinancing loan or a construction loan. Given that 3 months from now will be the one year anniversary of the case, that should be enough time to know whether there will be a viable project for the property or not, that is, whether a plan could be confirmed by a reasonable bankruptcy judge as to the property. Appearances are required on 11/12/19, but counsel may appear by telephone.
Prior tentative ruling. Sustain debtor's objection to appraisal report of movant's appraiser, Eric Burroughs, for the reasons stated in the objection and for lack of compliance with 28 U.S.C. 1746(2) and Local Bankruptcy Rule 5005-4 and Court Manual Section 3.4(b) because signature is not under declaration of penalty of perjury and does not conform to requirements of handwritten signature of the non-CM/ECF user witness. Because the appraisal report is not admissible, deny motion for stay relief without prejudice for lack of competent, admissible evidence of valuation to meet movant's burden of proving the lack of equity under 11 U.S.C. 362(d)(1) and (2) and (g) (1). In the reply, movant raises a new argument that the subject property is not property of the estate, which is in violation of Local Bankruptcy Rule
9013-1(g)(4) that "[n]ew arguments or matters raised for the first time in reply documents will not be considered." Movant may reassert this new argument in a new motion since denial of the motion will be without prejudice.
Appearances are required on 8/13/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
11:00 AM
Docket 45
No tentative ruling on the merits. Counsel for Debtor should address the concerns raised in the court's order setting motion for hearing. Appearances are required on 11/12/19, but counsel may and should appear by telephone.
Debtor(s):
Ravinder Singh Athwal Represented By Nicholas M Wajda
Joint Debtor(s):
Mandeep Kaur Athwal Represented By Nicholas M Wajda
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 46
No tentative ruling on the merits. Counsel for Debtor should address the concerns raised in the court's order setting motion for hearing. Appearances are required on 11/12/19, but counsel may and should appear by telephone.
Debtor(s):
Ravinder Singh Athwal Represented By Nicholas M Wajda
Joint Debtor(s):
Mandeep Kaur Athwal Represented By Nicholas M Wajda
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 47
No tentative ruling on the merits. Counsel for Debtor should address the concerns raised in the court's order setting motion for hearing. Appearances are required on 11/12/19, but counsel may and should appear by telephone.
Debtor(s):
Ravinder Singh Athwal Represented By Nicholas M Wajda
Joint Debtor(s):
Mandeep Kaur Athwal Represented By Nicholas M Wajda
Trustee(s):
Carolyn A Dye (TR) Pro Se
1:30 PM
Docket 26
Updated tentative ruling as of 11/7/19. Creditor Maddy filed the declaration and report of creditor's appraiser on 11/5/19. Parties should address whether an evidentiary hearing is needed on valuation since there may be no need if the parties agree to valuation based on the appraisal report of creditor's expert and then the parties can just argue on the merits of the legal issues.
Appearances are required on 11/12/19, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014. However, the court notes that the valuation report submitted by creditor Maddy is not in admissible form since there is no declaration under penalty of perjury by the real estate agent providing the valuation opinion and that the valuation opinion is not supported by any valuation analysis. The court will allow an opportunity for creditor to obtain an admissible valuation opinion or report. If creditor obtains an admissible valuation opinion, the court will set the matter for an evidentiary hearing, and requests creditor to provide an estimate on how long it will take to obtain the valuation opinion of the agent or an appraiser and such expert's availability to testify. Appearances are required on 10/15/19, but counsel may appear by telephone.
Debtor(s):
Owen James Thornton Represented By James K Chang Steven A Alpert
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:30 PM
Adv#: 2:19-01367 Bandy et al v. Okland
Docket 1
The court has reviewed plaintiff's unilateral status report. Set a discovery cutoff date of 2/28/20, and a post-discovery status conference on 3/31/20 at 1:30 p.m. with a joint status report due on 3/24/20. These dates will likely be moot if a motion for default judgment is filed and ruled upon in the meantime. Appearances are optional on 11/6/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Dean Henrik Okland Pro Se
Defendant(s):
Dean Henrik Okland Pro Se
Plaintiff(s):
Garrett Bandy Represented By David S Hagen
Heather Foster Represented By David S Hagen
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jeffrey S Shinbrot
1:30 PM
Adv#: 2:19-01202 Avery v. Casares
Docket 0
Off calendar. Matter remanded back to state court. No appearances are necessary.
Debtor(s):
Briena Sheree Casares Pro Se
Defendant(s):
Briena Sheree Casares Pro Se
Plaintiff(s):
Wesley H. Avery Represented By Toan B Chung
Trustee(s):
Wesley H Avery (TR) Represented By Toan B Chung
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Adv#: 2:18-01327 Walden et al v. Fernandez
Docket 1
Updated tentative ruling as of 11/8/19. Off calendar. Continued by stipulation
and order to 11/19/19 at 2:00 p.m. No appearances are required on 11/12/19.
Prior tentative ruling as of 8/12/19. Appearances are required on 8/13/19, and parties to address the status of mediation, their failure to conduct a meeting of counsel pursuant to LBR 7026-1, the status of discovery and scheduling of further proceedings.
Prior tentative ruling as of 3/11/19. The court has reviewed the joint status report. Set a discovery cutoff date of 7/1/19 and a post-discovery status conference on 7/30/19 at 1:30 p.m. with a joint status report due on 7/23/19. Appearances are required on 3/12/19 to discuss the failure of counsel to have the early meeting of counsel under LBR 7026-1 and whether the matter should be referred to mediation, but counsel may appear by telephone.
Prior tentative ruling. The court notes that the parties failed to file a joint status report as required by Local Bankruptcy Rule 7016-1 and the court's order setting initial status conference in adversary proceeding filed and entered on 10/23/18, and such failure may subject the parties to monetary sanctions of $100 each. The parties have not indicated to the court that they have met and conferred as required by Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1. Appearances are required on 1/8/19.
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Debtor(s):
Martha Alicia Fernandez Represented By Gary S Saunders
Defendant(s):
Martha Alicia Fernandez Pro Se
Plaintiff(s):
Yvette Walden Pro Se
Guadalupe L Cruz Pro Se
Jose L Cruz Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
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fr. 8/13/19, 9/10/19
Docket 16
Off calendar. Motion voluntarily dismissed, and hearing taken off calendar by prior order. No appearances are necessary.
Debtor(s):
Armando C De La Peza Represented By James R Selth
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
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Docket 232
Approve third interim fee application of special litigation counsel for the Chapter 7 Trustee for the reasons stated in the application and for lack of timely written objection. Appearances are optional on 11/12/19, but counsel may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Rama Krishna Chaparala Represented By Jeffrey N Wishman Leon D Bayer
Trustee(s):
Howard M Ehrenberg (TR) Represented By Anthony J Napolitano Michael Fischer Michael Fischer
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Adv#: 2:19-01332 Avery v. Leya Technologies, LLC et al
Docket 13
No tentative ruling pending review of the reply to defendants' opposition to motion of Crash Victim Plaintiffs (also referred to in the papers as Blackhawk Plaintiffs) to substitute or intervene due on 11/8/19. Appearances are required on 11/12/19, but counsel may appear by telephone.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Leya Technologies, LLC Represented By Brian L Davidoff
Bahram Bordbar Represented By Brian L Davidoff
Malahat Bordbar Represented By Brian L Davidoff
Sara Bordbar Represented By
Brian L Davidoff
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
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Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay Lindsey L Smith Irving M Gross
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Adv#: 2:19-01332 Avery v. Leya Technologies, LLC et al
Docket 10
Off calendar. Continued to 12/3/19 at 2:30 p.m. by prior order. No appearances are required on 11/12/19.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Leya Technologies, LLC Represented By Brian L Davidoff
Bahram Bordbar Represented By Brian L Davidoff
Malahat Bordbar Represented By Brian L Davidoff
Sara Bordbar Pro Se
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay
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Lindsey L Smith Irving M Gross
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Adv#: 2:19-01332 Avery v. Leya Technologies, LLC et al
Docket 15
Revised tentative ruling as of 11/11/19:
Pending before the court are: (1) trustee’s stipulation conveying standing to the Crash Victim Claimants/Blackhawk Plaintiffs (claimants) for the limited purpose of substituting or joining the trustee as plaintiffs in Adv. No. 19-
ap-01332 and the objection thereto by defendants; (2) the motion of Crash Victim Claimants/Blackhawk Plaintiffs to substitute trustee as plaintiff, or in the alternative, to intervene.
Apparently, trustee and claimants seek approval of their stipulation, and based on the stipulation, claimants in their motion seek to substitute for trustee.
The operative provisions of the stipulation which sets forth the terms of the agreement between trustee and claimants lacks clarity as to: (1) who owns the claims; (2) whether trustee remains as a party to the adversary proceeding; (3) who has control over the claims; and (4) how is counsel for claimants to be compensated. These matters need be clarified before the court would approve the stipulation.
FRCP 25(c) though FRBP 7025 permits substitution of a party to a lawsuit who assigns or transfers its interest during the course of the lawsuit.
However, the stipulation here provides for a transfer of "standing," which is unclear. Defendants appear to raise a proper technical objection that this is not an "interest" within the meaning of FRCP 25(c) because it appears that trustee is not transferring his interest in the claims in the lawsuit because the stipulation provides for authority of trustee to settle the claims with
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consultation, but not approval, of claimants. Thus, it is unclear under the stipulation who owns the claims in the lawsuit.
It appears that because the trustee is not transferring his interests in the claims of the lawsuit, he remains a party to the lawsuit, and thus, this would not appear to be a "substitution" within the literal sense under FRCP 25(c).
With respect to who has control over the claims in the lawsuit, since it is unclear who own the claims, it is also unclear who has control over the claims. Under the stipulation, the trustee retains control over the claims because he has authority to settle the claims without approval of claimants, and it would also appear that he still owns the claims.
While the recitals in the stipulation state that claimants will bear the cost of the litigation on behalf of the estate, there is nothing in the operative provisions of the stipulation about how counsel for claimants will be compensated, whether under 11 U.S.C. §§327(c) and 330 or under 11 U.S.C.
§§ 503(b)(3)(B) and (b)(4), or otherwise. Since the claims are being prosecuted on behalf of the estate, it is important to know how counsel prosecuting the claims will be compensated for transparency’s sake and for the court determine that this would be in the best interests of the estate.
The stipulation does not appear to be an assignment of estate claims which was approved by the Ninth Circuit in In re P.R.T.C., Inc., 177 F.3d 774 (9th Cir. 1999).
The stipulation may fall within the creditor recovery model with compensation for claimants’ counsel under 11 U.S.C. §§ 503(b)(3)(B) and (b)(4) which was described and approved in In re Godon, Inc., 275 B.R. 555 (Bankr. E.D. Cal. 2002). The claims apparently remain owned by the estate.
Regarding defendants’ objections:
That claimants may sue defendants is not a disqualifying conflict of interest. In re Sarao, 444 B.R. 496, 499 (Bankr. D. Mass. 2011) ("Anyone representing a trustee in suing a creditor will have a conflict of interest with that creditor.").
That claimants’ claims are not liquidated to a judgment is not a disqualifying conflict of interest as most creditor claims are not liquidated to a judgment
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and every creditor by filing of a claim against the estate has a conflict with the estate, which is not a disqualifying conflict. In re Sarao, 444 B.R. at 499 ("A creditor’s preoccupation with recovering on its claim in a bankruptcy case does not necessarily place it in conflict with other creditors.").
In In re Parmetex, 199 F.3d 1029, 1031 (9th Cir. 1999), the Ninth Circuit specifically held that although a trustee must generally file an avoidance action in a Chapter 7 bankruptcy case, under the particular circumstances that the trustee stipulated that the creditors could sue on his behalf and the bankruptcy court approved that stipulation, the creditors had standing to bring the suit. As summarized by the Ninth Circuit in In re Cho, 9 Fed. Appx. 633, 635 (9th Cir. 2001), as a narrow exception to the rule that the trustee only has standing to litigate claims belonging to the estate, the circuit recognized in Parmatex that "a creditor does have standing to litigate a claim belonging to the estate where the trustee authorizes the creditor's action, with the bankruptcy court's approval, and the creditor stipulates that the suit is brought on behalf of the estate" and "[i]n limited circumstances, a creditor may move the bankruptcy court to pursue litigation on behalf of the estate even in the absence of the trustee's approval."
Parmetex does not specifically limit creditor recovery actions to avoidance claims, although the opinion only discussed avoidance actions. The case of In re P.R.T.C., Inc., 177 F.3d 774, 776-777, 782-783 and n. 1 (9th Cir. 1999)
upheld the bankruptcy court’s approval of a Chapter 7 trustee’s assignment of the estate’s claims to sue various parties relating to prepetition and postpetition transfers of debtors’ and the estates’ property, misappropriation of assets of debtors and their estates and usurpation of corporate opportunities of debtors and their estates, which were not limited to avoidance claims.
Other case law generally indicates that a creditor may seek bankruptcy court authorization to bring derivative actions on behalf of the bankruptcy estate. In re Parmetex, 199 F.3d at 1031, citing inter alia, In re The Gibson Group, Inc., 66 F.3d 1436, 1442 (6th Cir. 1995); In re Xonics Photochemical, Inc., 841 F.2d
198, 203 (7th Cir. 1988); and In re Curry and Sorensen, Inc., 57 B.R. 824, 828 (9th Cir. BAP 1986) (Chapter 11 case); see also, In re Spauding Composites
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Co., Inc., 207 B.R. 899, 903-904 (9th Cir. BAP 1997). In Curry and Sorenson, Inc., the BAP held that a creditor dissatisfied with the lack of action by a debtor in possession may move the bankruptcy court to compel the debtor to act or obtain court permission to bring the action itself, but the creditor must obtain prior court approval before bringing the action itself and the action must be brought in the name of the bankruptcy estate as the real party in interest. See In re Spauding Composites Co., Inc., 207 B.R. at 903-904. In In re Spauding Composites Co., Inc., the BAP upheld the stipulation between the creditors’ committee and the debtor in possession for the committee to bring an automatic stay claim belonging to the estate against another creditor on grounds that the bankruptcy court’s approval of the stipulation authorizing derivative standing was based on its exercise of judicial oversight to verify that the litigation was necessary and beneficial to the estate and the representation by the creditors’ committee did not present undue concerns.
Id. The BAP in Spauding Composites also held that such approval of such derivative standing need not be prior, but may be retroactive. Id.
The case of Bankruptcy Estate of Leachman v. Harris, 2013 WL 428572 (N.D. Cal. 2013) is distinguishable because in that case, the probability of an actual conflict of interest with the estate disqualified the creditor who was appointed by the bankruptcy court as the agent of the estate to sue another creditor because the other creditor likely had a cross-claim for indemnity against the creditor/agent arising out of the estate’s claim. That is not the situation here because there is no showing or indication of any risk of conflict of interest between claimants and the estate arising out of the litigation to be conducted on the estate’s claims. Moreover, this case does not support the proposition that derivative standing may not be authorized for nonavoidance actions, which would be inconsistent with other Ninth Circuit and BAP case precedent, such as In re P.R.T.C., Inc. and In re Spauding Composites Co., Inc.
The case of In re Chalasani, 92 F.3d 1300, 1312 (2nd Cir. 1996) is distinguishable from this case because that case did not involve a creditor seeking derivative standing in acting on behalf of the bankruptcy estate to litigate the estate’s claims, but involved the substitution of one creditor for another in an action to deny a Chapter 7 debtor’s discharge under 11 U.S.C.
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§ 727.
Based on the foregoing, it appears that the court could approve a stipulation between the trustee and the claimants to authorize them to prosecute the estate’s claims against defendants on behalf of the estate with the court’s approval. However, it would not be this one now before the court in order to meet the court’s conditions for approval as set forth in this tentative ruling that the terms of authorization of derivative standing regarding ownership of the claims, trustee’s status as a party to the adversary proceeding, control of the claims and compensation for counsel for claimants are matters that need clarification. With respect to FRCP 25(c) substitution, the rule is procedural, and as the Ninth Circuit stated in In re Bernal, 207 F.3d 595, 598 (9th Cir.
2000), "[t]he rule focuses on what was really going on in this case, and is designed to cope with that." Thus, depending on how the stipulation is eventually amended, claimants would prosecute the claims of the estate either in their name or in the name of the trustee as the real party in interest, meaning substitution under FRCP 25(c) may or may not be necessary.
With respect to the motion to intervene as of right, claimants must satisfy four factors: (1) the motion must be timely; (2) the applicant must claim a "significantly protectable" interest relating to the property or transaction which is the subject of the action; (3) the applicant must be so situated that the disposition of the action may as a practical matter impair or impede its ability to protect that interest; and (4) the applicant's interest must be inadequately represented by the parties to the action. The Wilderness Society v. U.S. Forest Service, 630 F.3d 1173, 1177 (9th Cir. 2011) (citation omitted).
With respect to the first factor of timeliness, claimants satisfy this factor because: (1) the stage of the proceeding at which an applicant seeks to intervene is early as the case was recently initiated in September 2019 and the pleadings are not yet at issue; (2) there is no prejudice to other parties by the intervention (i.e., by delay in moving to intervene); and (3) the reason for and length of the delay are that there was minimal, if no, delay, and any delay was short, i.e., one month before the motion to intervene was filed. California Department of Toxic Substances Control v. Commercial Realty Projects, Inc., 309 F.3d 1113, 1119 (9th Cir.2002).
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With respect to the second factor of significantly protectable interest, claimants satisfy this factor. The "significantly protectable" interest requirement is generally satisfied when the interest is protectable under some law, and there is a relationship between the interest and the claims at issue. Arakaki v. Cayetano, 324 F.3d 1078, 1084 (9th Cir. 2003); Smith v.
Pangilinan, 651 F.2d 1320, 1324 (9th Cir. 1981) —would-be intervenor must show "a protectable interest of sufficient magnitude to warrant inclusion in the action"; see also, Phillips and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, California and Ninth Circuit Edition, ¶
7-213 (online edition, April 2019 update). A significant protectable interest exists here because claimants have a pecuniary interest in the outcome of the litigation based on their claims in the bankruptcy case because property could be recovered on behalf of the estate to pay their creditor claims. In re Family Christian, LLC, 530 B.R. 417, 424-425 (Bankr. W.D. Mich. 2015); see also, Securities and Exchange Commission v. Navin, 166 F.R.D. 435, 440 (N.D. Cal. 1995) (defrauded investor had significant protectable interest in her fraud claim to intervene in SEC enforcement action against the company on grounds that relief sought by SEC terminating the existing state court receivership and liquidation of assets in the SEC action would affect payment on her claim). The claimants’ creditor claims are substantial, $35 million, though yet to be litigated and liquidated under applicable tort law, and their interest relates to the claims in the litigation because the litigation claims may provide for a recovery on their creditor claims.
With respect to the third factor of disposition of case would as a practical matter impair or impede claimants’ ability to protect that interest, claimants satisfy this factor. It must be shown that disposition of the pending action would have a potential adverse impact on the would-be intervenor's interest
… i.e., that it may "as a practical matter impair or impede the movant's ability to protect its interest." Phillips and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, California and Ninth Circuit Edition, ¶¶ 7-225, citing inter alia, Securities and Exchange Commission v. Navin, 166
F.R.D. at 440 and Cunningham v. David Special Commitment Center, 158 F.3d 1035, 1038 (9th Cir. 1998).
The Ninth Circuit has rejected the notion that FRCP 24(a)(2) requires a
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specific legal or equitable interest. Phillips and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, California and Ninth Circuit Edition, ¶¶ 7-213 and 7-214. "Instead, ‘a party has a sufficient interest for intervention purposes if it will suffer a practical impairment of its interests as a result of the pending litigation.’" Id., citing and quoting, California ex rel. Lockyer v. United States, 450 F.3d 436, 441 (9th Cir. 2006) (emphasis added). If the litigation is not pursued for lack of resources, claimants would suffer a practical impairment of their significant protectable interest in their creditor claims as a result of the pending litigation from the loss of the potential recovery through the litigation because only the trustee who lacks litigation resources is the only party who generally has standing to pursue the claims in the pending litigation.
Based on California ex rel. Lockyer v. United States, the court rejects defendants’ argument that claimants must have a legal right in the estate claims as the term significant protectable interest relates to their creditor claims based on tort law and not in the claims that are in the litigation for which they seek intervention and that such significant protectable interest relates to the pending litigation in which intervention is sought. These are separate concerns which defendants apparently conflate. The case of Perry
v. Schwarzenegger, 630 F.3d 898, 904 (9th Cir. 2011) does not support the proposition argued by defendants that the claimants as the moving parties to intervene must have a legally protectable interest in the subject of the pending case and standing to enforce their legal rights because, one, the opinion does not say that, and two, the case turns on its peculiar circumstances that a deputy county clerk did not have a significant protectable interest in litigation involving the duties of her superior, the county clerk, charged with enforcement of certain state laws.
With respect to the fourth factor of adequacy of representation by existing parties, claimants satisfy this element. Various factors may be considered in determining whether existing parties adequately represent the would-be intervenor's interests, such as whether the interest of an existing party is such that it will "undoubtedly" make all of the proposed intervenor's arguments, whether the existing parties are capable of and willing to make such arguments; whether the intervenor would add some necessary element to the
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suit that would otherwise be neglected, and the most important factor is how the parties' interests compare—if they share the same objectives, a presumption of adequacy of representation exists. Phillips and Stevenson, Rutter Group Practice Guide: Federal Civil Procedure Before Trial, California and Ninth Circuit Edition, ¶ 7-237, citing, Arakaki v. Cayetano, 324 F3d at 1086 and Citizens for Balanced Use v. Montana Wilderness Association, 647 F.3d 893, 898 (9th Cir. 2011). On this record, the court determines that claimants make a compelling showing of this factor of inadequacy of representation to rebut any presumption of adequacy of representation based on the alignment of interests with the trustee because the trustee cannot adequately represent their interests because there are no assets in the estate for him to proceed with the litigation and unless claimants intervene or substitute in the case, the case will not be prosecuted, and any potential recovery would be lost.
Based on the foregoing, the court would grant claimants intervention as of right. Because the court would likely grant intervention as of right, it is not necessary to consider permissive intervention under FRCP 24(b)(2).
The court is inclined to reject the stipulation in its present form, but would allow an opportunity for claimants and the trustee to amend the stipulation to address the court’s concerns regarding ambiguities in the stipulation.
However, as to the motion, the court deny the motion for substitution without prejudice or continue the hearing for amendment of the stipulation and opportunity to be heard on the amendment, and the court would conditionally grant the motion for intervention as of right based on the requirements of creditor derivative standing under Ninth Circuit case law, such as Parmatex are met, including the condition that the suit is brought on behalf of the estate, specifically, that they are litigating the estate’s claims on its behalf, that the recovery is for the estate, that there will be no actual conflict of interest between the estate and claimants in the pending litigation and that the actual, necessary and reasonable costs of litigation will be borne by claimants, which should be memorialized in a written stipulated agreement approved by the court. As to the requirement of FRCP 24(c) for a pleading that set forth the claim or defense that intervention is sought, claimants can simply file a complaint in intervention as their pleading which states which claims or
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defenses for which intervention is sought and incorporate the claims and defenses from the amended complaint by reference.
Appearances are required on 11/12/19, but counsel may appear by telephone.
Prior tentative ruling:
No tentative ruling pending review of the reply to defendants' opposition to motion of Crash Victim Plaintiffs (also referred to in the papers as Blackhawk Plaintiffs) to substitute or intervene due on 11/8/19. Appearances are required on 11/12/19, but counsel may appear by telephone.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Leya Technologies, LLC Represented By Brian L Davidoff
Bahram Bordbar Represented By Brian L Davidoff
Malahat Bordbar Represented By Brian L Davidoff
Sara Bordbar Pro Se
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay Lindsey L Smith
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Irving M Gross
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Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
(5) Punitive damages; and (6) Attorneys' fees and costs fr. 1/29/19, 6/25/19, 10/1/19
Docket 1
Updated tentative ruling as of 11/8/19. No tentative ruling. Appearances are
required on 11/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/30/19. No tentative ruling. Appearances are required on 10/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/29/19 to discuss scheduling and possibility of mediation, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The status conference will be conducted with the hearings on the motions to dismiss and strike on the 2:30 p.m. calendar. Appearances are required at 2:30 p.m., not 1:30 p.m.
Prior tentative ruling as of 7/16/18. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report
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and continues the status conference on its own motion to 7/17/18 at 2:30 p.m., the date and time of the hearings on defendant Curtis's motion to dismiss and defendant Ammec's motion to set aside default. Plaintiff to give written notice of continuance of status conference. No appearances are required on 7/10/18.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz
Defendant(s):
Ammec, Inc. Pro Se
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
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Docket 217
Although the court has reviewed the interim fee application of general bankruptcy counsel for debtors in possession and has no substantive objections to the application and the court notes that there are no timely written objections to the application, service is deficient because not all creditors on the creditors mailing matrix were served as required by FRBP 2002(a)(6) since the request is for compensation or expenses exceeding
$1,000: Creditors Francis Ginsberg, Louis Jacobs and Naomi Jacobs 1990 Revocable Inter Vivos Trust dated April 16, 1990. Even though applicant served all of the parties specifically listed in LBR 2016-1(a)(2)(B), this rule also has a cross-reference to FRBP 2002 and requires service on any other party in interest entitled to notice under that rule. FRBP 2002(a)(6) and 9013 require notice on all creditors of a hearing on any entity's request for compensation or reimbursement of expenses if the request exceeds $1,000, which it does here. Also, the client signature on the declaration of nonopposition pursuant to LBR 2016-1(a)(1)(J) and (K) has not been filed as represented in the application. Since the cash on hand in the estate is only
$83,488.11, debtors and applicant need to state how payment will be made if the court approves the application. Also, applicant should understand that any payment may be subject to disgorgement from a decision on the pending motion to disqualify applicant as estate counsel, which is now set for hearing on 1/29/20. Appearances are required on 11/12/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
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Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
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Docket 12
Grant motion ot Chapter 7 trustee to extend time to file complaint objecting to discharge for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are optional on 11/12/19, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Alvaro Gandarilla Represented By A Mina Tran
Trustee(s):
Timothy Yoo (TR) Pro Se
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Docket 13
Off calendar. The motion of United States Trustee to impose fines for violation of 11 U.S.C. 110(h)(2) and for disgorgement of fee pursuant to 11
U.S.C. 110(h)(3) is resolved by stipulation and order. No appearances are required on 11/13/19.
Debtor(s):
Amorey Jenine Lindsey Pro Se
Trustee(s):
John J Menchaca (TR) Pro Se
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Docket 59
Updated tentative ruling as of 11/11/19. No tentative ruling on the merits. Appearances are required on 11/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Debtor(s):
Chestnut, LLC Represented By Raymond H Aver
Movant(s):
Chestnut, LLC Represented By Raymond H Aver
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Docket 762
No tentative ruling as of 11/11/19. Debtor to explain the basis for the appeal since a copy of adverse final order in the marital dissolution case in state court was not part of the application in order for the court to understand that the retention of special counsel is within the reasonable business judgment of the debtor. Appearances are required on 11/13/19, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
11:00 AM
Docket 1
Updated tentative ruling as of 11/11/19. Off calendar. The court has reviewed debtor's status report. The court on its own motion continues the status conference to 12/4/19 at 11:00 a.m. to be conducted with the rescheduled hearing on the motion to approve the disclosure statement. No appearances are required on 11/13/19.
Prior tentative ruling as of 8/13/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Debtor(s):
Roger Timothy Ruiz Represented By Marcus G Tiggs
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fr. 1/17/19, 5/30/19, 9/19/19
Docket 20
Updated tentative ruling as of 11/5/19. Off calendar. Continued by stipulation and order to 2/7/20 at 10:00 a.m. No appearances are required on 11/14/19.
Prior tentative ruling as of 8/16/19. Off calendar. Continued by stipulation and order to 11/14/19 at 10:00 a.m. No appearances are required on 9/19/19.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 since there are disputed issues of material fact regarding debtor's good faith in filing this case and whether the filing of debtor's petition was part of a scheme to hinder, delay or defraud creditors. The court will conduct the hearing as a status conference, and the parties should be prepared to discuss scheduling of an evidentiary hearing. Appearances are required on 5/22/18, but counsel may appear by telephone.
Debtor(s):
Charles Peters Represented By Frank Edel Blanco
Michael Jay Berger
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Docket 195
No tentative ruling will be issued for the motion heard on shortened notice. Appearances are required on 11/14/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
11:30 AM
fr. 7/30/19, 11/5/19, 11/12/19
Docket 108
No updated tentative ruling as of 11/11/19. Appearances are required on 11/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/8/19. Off calendar. Continued by stipulation and order to 11/14/19 at 11:30 a.m. No appearances are required on 11/12/19.
Prior tentative ruling as of 11/7/19. Having read the supplemental briefs filed by the parties, at this time, the court is inclined to agree with debtor that the motion is premature because he still has time to cure and pay off movant's lien to secure the loan on debtor's principal residence before it matures on 12/1/19 and would deny the motion without prejudice or continue with movant's consent the hearing to after the maturity date because debtor seeks to recover the equity in the property for the estate. (The court notes that debtor filed a motion for approval of postpetition financing to approve a new loan to take out the existing loans on the property on 11/7/19, which has been set for hearing on shortened notice on 11/14/19 at 11:30 a.m.) However, past the maturity date, the limited case law on point favors movant's position that cause is shown for stay relief because the failure to pay off the loan by the maturity date is an uncurable default which cannot be cured by any Chapter 11 plan because any plan that does not pay off the loan by the maturity date is an impermissible modification of movant's lien rights contrary to 11 U.S.C. 1123(b)(5). In re Crump, 529 B.R. 106 (Bankr. D. S.C. 2015); In re Sampson, 2018 WL 4786404 (Bankr. M.D. Fla. 2018); In re Clay, 204 B.R. 786 (Bankr.
N.D. Ala. 1996); see also, Worthington v. General Motors Corp. (In re Claremont Acquisition Corp.), 113 F.3d 1029 (9th Cir. 1997). These cases note that the statutory exception in Chapter 13 cases to extend a due date of a maturing loan on the debtor's principal residence does not apply to Chapter
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11 cases, indicating that Congress did not mean to provide for such exception for Chapter 11 plans. Appearances are required on 11/12/19, but counsel may appear by telephone.
Prior tentative ruling. Deny stay relief motion for failure of creditor to meet its burden of proving lack of equity of debtor in collateral under 11 U.S.C. 362(g) (1). Creditor's moving papers on their face show that debtor has equity in the subject property and thus fail to demonstrate lack of equity under 11 U.S.C.
362(d)(2). Moreover, creditor's moving papers lack admissible evidence to demonstrate lack of equity to demonstate lack of adequate protection under 11 U.S.C. 362(d)(1) because its valuation evidence is not supported by a declaration under penalty of perjury by a qualified valuation expert witness who has conducted a proper valuation analysis based on scientifically accepted valuation principles (i.e., sales comparables analysis) and only consists of hearsay opinions of unknown persons based on unknown analysis. Furthermore, creditor's moving papers on their face fail to demonstate lack of adequate protection since they indicate a 28% equity cushion to adequately protect its lien interest in the subject property. In re Mellor, 734 F.2d 1396 (9th Cir. 1984). Finally, deny requests for extraordinary relief in paragraphs 8, 10 and 11 for lack of evidentiary and/or legal support.
In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
11:30 AM
fr. 8/13/19, 11/12/19
Docket 127
Updated tentative ruling as of 11/12/19. In their stipulation to continue the hearing on 11/12/19 to 11/14/19, the parties indicated that they have reached a settlement which is being currently documented. The parties should advise the court when they will be able to document their settlement and how the court should proceed on the pending motion in light of the settlement.
Appearances are required on 11/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/8/19. Off calendar. Continued by stipulation and order to 11/14/19 at 11:30 a.m. No appearances are required on 11/12/19.
Prior tentative ruling as of 11/7/19. The court is inclined to deny the stay relief motion for now because debtor is the indirect beneficial owner of real property as the 100% shareholder of the entity that holds title to the property and that he is seeking to have the entity dissolved and/or have the property transferred by the entity to him. Thus, it appears to the court that the estate has an indirect beneficial interest in the property which is property of the estate under the particular circumstances of this case. Debtor is taking steps to realize potential value in the property he indirectly owns to pay off the existing lien to movant and to pay other creditors, and it seems plausible that he could fix and flip the property for a profit to pay creditors. Debtor argues that his burden "is merely show that SOME Plan is not 'patently unconfirmable.'" Further Opposition, ECF 184 at 4; see also, Movant's Supplemental Brief, ECF 172 at 3, citing In re Sun Valley Newspapers, Inc., 171 B.R. 71, 75 (9th Cir. BAP 1994)(cited for the proposition that debtor must make a showing that a proposed or contemplated plan is not patently unconfirmable and has a realistic chance of being confirmed). The court would not put it that way, but
11:30 AM
rather as the Ninth Circuit stated in In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993), "[a] debtor must, however, produce some evidence that its plan could be confirmed by a reasonable bankruptcy judge."
Debtor's declaration in opposition indicates some evidence that a fix and flip for the property could be part of a confirmable plan. The court agrees with debtor that movant's claim could be modified despite it being a matured loan and an appropriate cramdown rate of interest can be proposed in a plan and that adequate protection is not necessary where the creditor is undersecured based on the "as is" valuation of the property. The court notes that debtor in his further opposition to reply, ECF 193, stated that he was going to refinance the loan to pay off movant in full, but provided no specific details, and that previously debtor stated that he was obtaining construction financing in his original opposition, ECF 141. The court was contemplating denying the motion without prejudice and allow 3 months for debtor to formulate a course of action for fixing and flipping the property or for obtaining a refinancing loan. The issue of the effectiveness of the transfer of the property to debtor from the entity or the dissolution of the entity is material as to whether or not there can be a refinancing loan or a construction loan. Given that 3 months from now will be the one year anniversary of the case, that should be enough time to know whether there will be a viable project for the property or not, that is, whether a plan could be confirmed by a reasonable bankruptcy judge as to the property. Appearances are required on 11/12/19, but counsel may appear by telephone.
Prior tentative ruling. Sustain debtor's objection to appraisal report of movant's appraiser, Eric Burroughs, for the reasons stated in the objection and for lack of compliance with 28 U.S.C. 1746(2) and Local Bankruptcy Rule 5005-4 and Court Manual Section 3.4(b) because signature is not under declaration of penalty of perjury and does not conform to requirements of handwritten signature of the non-CM/ECF user witness. Because the appraisal report is not admissible, deny motion for stay relief without prejudice for lack of competent, admissible evidence of valuation to meet movant's burden of proving the lack of equity under 11 U.S.C. 362(d)(1) and (2) and (g) (1). In the reply, movant raises a new argument that the subject property is not property of the estate, which is in violation of Local Bankruptcy Rule
9013-1(g)(4) that "[n]ew arguments or matters raised for the first time in reply documents will not be considered." Movant may reassert this new argument
11:30 AM
in a new motion since denial of the motion will be without prejudice. Appearances are required on 8/13/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
9:00 AM
fr. 6/26/19, 7/31/19, 10/4/19
Docket 115
Updated tentative ruling as of 11/13/19. Off calendar. Evidentiary hearing on 11/15/19 vacated by order entered on 11/13/19, and telephonic status conference is set for 11/26/19 at 1:30 p.m. to reschedule evidentiary hearing if the parties are unable to stipulate to a continued hearing date and time. No appearances are required on 11/15/19.
Revised tentative ruling as of 10/2/19. Off calendar. Continued by stipulation and order to 11/15/19 at 9:00 a.m. No appearances are required on 10/4/19.
Prior tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/31/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19.
Prfior tentative ruling. Treat the motion objecting to claim as a contested matter under FRBP 9014 and set a schedule of pretrial proceedings, including discovery, since there are disputed issues of material fact. Parties should confer regarding an appropriate schedule if they can. Appearances are required on 5/8/19, but counsel may appear by telephone.
Creditor may be entitled to its claim for attorneys' fees under 11 U.S.C. 506(b) pursuant to contract based on its loan agreement secured by deed of trust, which were upheld as valid in the state court litigation. The four elements for a claim under 11 U.S.C. 506(b) are: (1) its claim is an allowed secured claim;
it is an oversecured creditor; (3) the fees it asserts are reasonable; and (4) the fees it asserts are provided for under an agreement under which such claim arose, or the fees are provided for under a state statute under which the
9:00 AM
creditor's claim arose. In re Astle, 364 B.R. 735, 741 (Bankr. D. Idaho 2007). The claim is an allowed secured claim based on the state court judgment, though the judgment is on appeal. The creditor is an oversecured creditor, which is not in dispute. The reasonableness of the fees it asserts is in material dispute. Creditor has only submitted redacted versions of its counsel's fee statements, which do not provide sufficient information for the court to review for reasonableness. Creditor must file unredacted versions, or submit unredacted versions in camera with a privilege log if creditor claims that the reacted matter is privileged. Debtor as the objecting party must carry its burden of explaining what in the fee statements are unreasonable or at least what would be reasonable under the circumstances. In re Koncicky, 2007 WL 7540997 (9th Cir. BAP 2007)(unpublished memorandum opinion) (citation omitted). Debtor has the responsibility to challenge the information and provide evidence controverting that produced by creditor. Id. Debtor has not met this burden. The fees that creditor asserts are provided by the loan agreement between it and its borrower providing for reasonable attorneys' fees if it incurs or pays to maintain, protect or enforce its rights under the loan agreement as secured by the deed of trust. Exhibits A and C to Favela Declaration. Case law in California allows such fees to be added to the balance under the promissory note secured by trust deed. Chacker v.
JPMorgan Chase Bank, N.A., 27 Cal.App.5th 351, 356-358 (2018). However, there is no separate award of attorneys' fees authorized by statute, such as California Civil Code 1717 because debtor is not a signatory to the contract in the loan agreement and creditor has not otherwise shown that it would have been liable for the fees of the opposing party if the opposing party had prevailed. Asphalt Professionals, Inc. v. Davis (In re Davis), 595 B.R. 818, 837 (Bankr. C.D. Cal. 2019), citing, Dell Merk, Inc. v. Franzia, 132 Cal.App.4th 443, 441 (2005). Thus, creditor will need to submit fully unredacted copies of its fee statements to the court, and debtor will need to explain what in the fee statements are unreasonable and/or produce evidence showing that the fees are unreasonable.
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
Movant(s):
9:00 AM
Raeisi Group, Inc Represented By Christopher P Walker
10:30 AM
Docket 35
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Eric John Kaesman Represented By Stephen A Madoni Maureen Strube
Trustee(s):
Edward M Wolkowitz (TR) Represented By Nancy H Zamora
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Paul Shkolnik Represented By Scott Dicus
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Gabrielle Andrea Guzman Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Phillip James Melo Represented By Robert Reganyan
Trustee(s):
Jason M Rund (TR) Pro Se
11:00 AM
fr. 11/13/19
Docket 762
Updated tentative ruling as of 11/18/19. The court has reviewed debtor's supplemental declaration. No tentative ruling on the merits. Counsel should be prepared to address whether the appellate litigation will have any effect on the timetable for proposing a plan in this case and how and when the issues raised by the family law court by Judge Hansell in its 3/12/19 order regarding debtor's additional claims of reimbursements, credits and offsets will be addressed and resolved, i.e., whether the bankruptcy court and/or the family law court will address and decide such claims. Appearances are required on 11/19/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/11/19. Debtor to explain the basis for the appeal since a copy of adverse final order in the marital dissolution case in state court was not part of the application in order for the court to understand that the retention of special counsel is within the reasonable business judgment of the debtor. Appearances are required on 11/13/19, but counsel may appear by telephone.
Debtor(s):
Curtis C. Magleby Represented By Illyssa I Fogel
1:30 PM
fr. 4/30/19, 4/25/19, 6/25/19
Docket 118
Updated tentative ruling as of 11/18/19. Off calendar. Continued by
stipulation and order to 12/17/19 at 2:00 p.m. No appearances are required on 11/19/19.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. Off calendar. Continued by stipulation and order to 2/5/19 at 2:00 p.m. No appearances are required on 10/16/18.
Prior tentative ruling as of 4/9/18. No tentative ruling on the merits. Appearances are required on 4/10/18, but counsel may appear by telephone.
Prior tentative ruling. Continued by stipulation and order to 2/7/18 at 2:00
p.m. No appearances are required on 2/24/18.
Debtor(s):
Ayers Bath (U.S.A.), Co.,Ltd. Represented By Jeffrey S Renzi Ryan S Fife
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
1:30 PM
Adv#: 2:18-01283 Camel Financial, Inc. v. Bowes et al
fr. 3/5/19, 5/7/19, 9/17/19
Docket 1
Off calendar. Adversary proceeding dismissed by stipulation and order. No appearances are necessary.
Debtor(s):
Nicholas Bowes Pro Se
Defendant(s):
Nicholas Bowes Pro Se
Luddivina Bowes Pro Se
Joint Debtor(s):
Luddivina Bowes Pro Se
Plaintiff(s):
Camel Financial, Inc. Represented By Darren B. Landie Jerome S Demaree
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Adv#: 2:19-01410 Dorfman v. Okland
Docket 1
The court has reviewed plaintiff's unilateral status report. Set a discovery cutoff date of 2/28/20, and a post-discovery status conference on 3/31/20 at 1:30 p.m. with a joint status report due on 3/24/20. These dates will likely be moot if a motion for default judgment is filed and ruled upon in the meantime. Appearances are optional on 11/19/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduling order within 7 days of hearing.
Debtor(s):
Dean Henrik Okland Pro Se
Defendant(s):
Dean Henrik Okland Pro Se
Plaintiff(s):
Chuck Dorfman Represented By David S Hagen
Trustee(s):
Howard M Ehrenberg (TR) Represented By Jeffrey S Shinbrot
1:30 PM
Adv#: 2:19-01291 Avery (TR) v. Dominguez
fr. 11/5/19
Docket 1
Off calendar. Continued by stipulation and order to 12/17/19 at 1:30 p.m. No
appearances are required on 11/19/19.
Debtor(s):
Christopher A. Castanon Represented By Steven B Lever
Defendant(s):
Nayeli Dominguez Pro Se
Plaintiff(s):
Wesley H. Avery (TR) Represented By Laila Masud Chad V Haes
Trustee(s):
Wesley H Avery (TR) Represented By
D Edward Hays Chad V Haes Laila Masud
1:30 PM
Adv#: 2:19-01381 Janamian v. Arutyunyan
Docket 1
The court has reviewed plaintiff's unilateral status report. However, the status conference may be moot if the court grants defendant's motion to dismiss as set forth in the tentative ruling on matter number 23 on this hearing calendar.
Appearances are required on 11/19/19 at 1:30 p.m., but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arno Arutyunyan Represented By
Asbet A Issakhanian
Defendant(s):
Arno Arutyunyan Pro Se
Plaintiff(s):
Soroush Janamian Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
2:00 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 1
Off calendar. Continued to 11/20/19 at 1:30 p.m. by prior order. No appearances are required on 11/19/19.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir Gary E Moll
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir Gary E Moll
Gary E Moll and Associates Represented By Ilyse Klavir Gary E Moll
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
2:00 PM
Adv#: 2:16-01057 Salzman v. Moll et al
§523(a)(6), willful and malicious injury; verification fr. 3/12/19, 4/30/19, 8/27/19
Docket 1
Updated tentative ruling as of 11/18/19. Off calendar. Continued to 11/20/19 at 1:30 p.m. by prior order. No appearances are required on 11/19/19.
Prior tentative ruling as of 8/26/19. Appearances are required on 8/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/29/19. No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/9/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/10/18. Off calendar. The status conference is
2:00 PM
continued on the court's own motion by prior order to 10/9/18 at 2:30 p.m. No appearances are required on 9/11/18.
Prior tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation, and the court would stay the proceedings in this court until the state court litigation is completed.
Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
Prior tentative ruling as of 8/8/16. No tentative ruling on the merits. Appearances are required on 8/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/18/16. Off calendar. The court noting that defendant has noticed a hearing on his motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m., the court continues on its own motion the status conference on 7/19/16 at 1:30 p.m. to the date and time of the hearing on defendant's motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m. No appearances are required on 7/19/16.
Prior tentative ruling. The status conference will be heard at 3:00 p.m. with the hearing on defendant's motion to dismiss. Appearances are required on 3:00 p.m. calendar, not the 1:30 p.m. calendar. No tentative ruling on the merits for the status conference.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Defendant(s):
Gary E Moll Represented By
2:00 PM
Ilyse Klavir
Gary E Moll and Associates Represented By Ilyse Klavir
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Howard M Ehrenberg (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
2:00 PM
Adv#: 2:18-01327 Walden et al v. Fernandez
fr. 3/12/19, 8/13/19, 11/12/19
Docket 1
Updated tentative ruling as of 11/18/19. Off calendar. The court has reviewed the counsel declarations regarding preparation of the joint pretrial stipulation. The court on its own motion continues the pretrial conference to 12/3/19 at 11:00 a.m. and extends the time for the parties to file a joint pretrial stipulation to 11/26/19. The court expects that the parties will meet and confer to resolve their differences and submit a joint pretrial stipulation, not unilateral pretrial statements, by 11/26/19 (the parties should be able at least to agree to disagree so that there is one joint pretrial stipulation), and the court will impose sanctions of $250 each on the culpable parties for failure to submit a joint pretrial stipulation as provided in LBR 7016-1. No appearances are required on 11/19/19.
Prior tentative ruling as of 11/8/19. Off calendar. Continued by stipulation and order to 11/19/19 at 2:00 p.m. No appearances are required on 11/12/19.
Prior tentative ruling as of 8/12/19. Appearances are required on 8/13/19, and parties to address the status of mediation, their failure to conduct a meeting of counsel pursuant to LBR 7026-1, the status of discovery and scheduling of further proceedings.
Prior tentative ruling as of 3/11/19. The court has reviewed the joint status report. Set a discovery cutoff date of 7/1/19 and a post-discovery status conference on 7/30/19 at 1:30 p.m. with a joint status report due on 7/23/19. Appearances are required on 3/12/19 to discuss the failure of counsel to have the early meeting of counsel under LBR 7026-1 and whether the matter should be referred to mediation, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling. The court notes that the parties failed to file a joint status report as required by Local Bankruptcy Rule 7016-1 and the court's order setting initial status conference in adversary proceeding filed and entered on 10/23/18, and such failure may subject the parties to monetary sanctions of $100 each. The parties have not indicated to the court that they have met and conferred as required by Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1. Appearances are required on 1/8/19.
Debtor(s):
Martha Alicia Fernandez Represented By Gary S Saunders
Defendant(s):
Martha Alicia Fernandez Pro Se
Plaintiff(s):
Yvette Walden Pro Se
Guadalupe L Cruz Pro Se
Jose L Cruz Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
2:30 PM
Adv#: 2:15-01122 Howard Grobstein as Liquidating Trustee of L. Scot v. Sharron et al
fr. 5/21/19, 7/16/19, 10/1/19
Docket 194
Updated tentative ruling as of 11/18/19 Off calendar. Continued by stipulation and order to 1/28/20 at 2:30 p.m. No appearances are required on 11/19/19.
Prior tentative ruling. Off calendar. Continued by stipulation and order to 11/19/19 at 2:30 p.m. No appearances are required on 10/1/19.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Defendant(s):
Lowell S. Sharron Represented By Lloyd S Mann
Beyond Basics, LLC dba Daily Represented By Lloyd S Mann
Plaintiff(s):
Howard Grobstein as Liquidating Represented By
Brian L Davidoff Courtney E Norton Lori L Werderitch Keith Patrick Banner
2:30 PM
2:30 PM
Docket 111
Approve second interim fee application of general bankruptcy counsel for trustee for the reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 11/19/19, but counsel may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Alexander Yulish Represented By Todd L Turoci
Trustee(s):
Brad D Krasnoff (TR) Represented By Sonia Singh Eric P Israel
2:30 PM
Docket 114
Approve second interim fee application of accountant for trustee for the reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 11/19/19, but counsel may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Alexander Yulish Represented By Todd L Turoci
Trustee(s):
Brad D Krasnoff (TR) Represented By Sonia Singh Eric P Israel
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
Docket 91
- NONE LISTED -
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 5/29/19, 7/30/19, 10/8/19
Docket 1
Updated tentative ruling as of 11/18/19. Off calendar. Continued to 11/26/19
at 2:30 p.m. by prior order. No appearances are required on 11/19/19.
Prior tentative ruling as of 10/7/19. No tentative ruling on the merits. Plaintiff to discuss the status of assignment of the judgment to Ms. Lollar or a motion for reconsideration on denial of plaintiff's motion for summary judgment or a renewed motion for summary judgment. The court intends to set a pretrial conference in about 90 days in January 2020 and then set the matter for trial at the pretrial conference. Appearances are required on 10/8/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/28/19. Counsel for plaintiff has informally advised the court by leaving a voicemail message that he is out of the country on vacation and requests a continuance of the status conference. Since this is not a proper request for a continuance, such request is denied. See Local Bankruptcy Rule 9013-1(m). Appearances are required on 5/29/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the
2:30 PM
court's website.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/22/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion for judgment on the pleadings. No appearances are required on 5/15/18.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Docket 69
Because this matter may require extended argument, the matter will be placed on second call, and will not be called before 2:45 p.m. so that the court can hear the shorter matters on calendar.
Having reviewed the moving, opposing and reply papers, the court has the following comments on the motion: (1) since the proposed assignment of claims is deemed to be a sale under 11 U.S.C. 363(b) under the agreement between the trustee and the purchasing creditors, there is a procedural deficiency in that there was no Notice of Sale of Estate Property submitted with the motion when it was filed as required by LBR 6004-1(f) (although practically speaking, the only parties probably interested in purchasing the assets are the appearing parties); (2) the proposed sale under 11 U.S.C.
363(b) as a reasonable exercise of the trustee's business judgment is also problematic because there is no legal authority cited to support the proposed that purchasing creditors may credit bid up to $300,000 on their general unsecured claims in any overbidding in a public auction of the assets to be sold since the only authority cited by the parties to allow creditbidding is 11
U.S.C. 363(k) relates to allowed secured claims; (3) now that there are pending filed objections to the claims of purchasing creditors, they do not have allowed claims at this time within the meaning of 11 U.S.C. 502(a) to allow creditbidding of any kind (the court takes no position at this time whether the objecting parties are proper parties in interest in this case, In re P.R.T.C., Inc., 177 F.3d 774, 777-779 (9th Cir. 1999), citing Fondiller v. Robertson (In Matter of Fondiller), 707 F.2d 441-443 (9th Cir. 1983); (4) it appears that the motion under 11 U.S.C. 363(b) could be granted if these issues are remedied, including submission of the notice of sale of estate property and a sale upon a public auction based on overbidding without creditbidding, and it appears that the objecting parties would have no objection to a sale based on these conditions; (5) to the extent that the
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trustee seeks approval of an assignment of the claims to the creditors without a sale under 11 U.S.C. 363(b), that assignment can only be authorized by the court if (A) the creditors are pursuing interests common to all creditors; and
allowing the creditors to exercise the trustee's powers to pursue litigation claims for the estate will benefit the remaining creditors, In re P.R.T.C., Inc., 177 F.3d at 782-783; and (6) the moving papers violate FRBP 9037 because the trustee failed to redact personal identifying information relating to certain individuals (i.e., the excerpts from Rule 2004 exam of Peter Spennato DDS, Inc.), and trustee must take remedial action to remedy this violation. The court is inclined to deny the motion without prejudice and/or allow the trustee to amend the motion to address and remedy the concerns identified in this tentative ruling.
Appearances are required on 11/19/19, but counsel may appear by telephone.
Debtor(s):
Peter Spennato DDS, Inc. Represented By David B Golubchik
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
2:30 PM
Docket 71
Deny interim fee application of Fari Bari Nejadpour, attorney for Chapter 7 debtor, for the reasons stated in the trustee's opposition, namely, applicant's employment has not been approved by the court as required by 11 U.S.C.
327(a) to seek compensation from the estate. In re Shirley, 134 B.R. 940, 944 (9th Cir. BAP 1992), and as debtor's counsel in a Chapter 7 case, applicant cannot be compensated from the estate unless employed by the Chapter 7 Trustee and the employment is approved by the court. Lamie v. United States Trustee, 540 U.S. 526, 537-538 (2004). Also, the application should be denied because applicant has not shown that the compensation requested from the estate is reasonable for actual, necessary services for the benefit of the estate. 11 U.S.C. 330 and 503(b). Appearances are required on 11/19/19, but counsel may appear by telephone.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour Keith F Rouse
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
Weiland Golden Goodrich LLP
2:30 PM
Docket 43
Approve second interim fee application of general bankruptcy counsel for trustee for the reasons stated in the application and for lack of timely written objection. Appearances are optional on 11/19/19, but counsel may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
LT Funding, LLC Represented By
Robert L Eisenbach III
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
George E Schulman
2:30 PM
Docket 179
The court has reviewed the interim fee application of general bankruptcy counsel for debtor in possession and while the court would find that the fees are reasonable for purposes of 11 U.S.C. 330, applicant needs to remedy several deficiencies relating to the application: (1) not all creditors were served with notice of the application as required by LBR 2016-1(a)(2)(B) and LBR 2002(a)(6) since compensation and reimbursement of expenses exceeding $1,000 is being requested - two creditors were not served as indicated on the service list: AT&T Corp., and Loancare LLC (AT&T is not listed on the service list, and Loancare was not served at its address on creditors' mailing matrix and its notice address stated on the proof of claim, though it was served at its "payment" address as stated on the proof of claim); (2) there is no declaration from the client stating that he has reviewed the application and has no objection as required by LBR 2016-1(a)(1)(J); (3) there is no description of professional education and experience of each individual rendering services (while there is an adequate description for Attorney Tilem, there is no description for Malissa Murguia, Joan Fidelson and Diana Chau, applicant's paralegals) as required by LBR 2016-1(a)(H); and (4) there is no statement of funds on hand and estimated amount of accrued expenses of administration of the estate as required by LBR
2016-1(a)(1)(A)(iii).
The court would conditionally approve the application for the reasons stated in the fee application and for lack of timely written objection, but on the following conditions: (1) notice of the application on two inadequately served creditors, AT&T and Loancare, be served, which can be given under the notice and request for hearing procedures of LBR 9013-1(o), so that the condition will be satisfied if no objection is timely filed and applicant files a declaration of nonopposition thereafter; (2) a declaration of the client is filed stating he has reviewed the application and has no objection; (3) the fees of
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the paralegals are approved on the condition of the filing of a supplement to the application containing a description of their professional education and experience (the court notes that it could not find the description of professional education and experience of the paralegals in the employment application as well); and (4) testimony (i.e., an offer of proof if no objection) can be provided at the hearing regarding the status of funds on hand and estimated expenses of administration of the estate, so that the court can be apprised of the impact of authorization of payment of the requested fees on the estate.
The court is inclined to allow applicant to satisfy these conditions without a further hearing unless the one of the two inadequately served creditors files a request for hearing, so that applicant can file a declaration that the conditions have been satisfied and a proposed order for approval of the application once the conditions have been satisfied.
Appearances are required on 11/19/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
2:30 PM
(Rehabbers Financial, Inc. dba Aztec Financial VS Debtor) fr. 9/10/19, 10/15/19
Docket 161
Updated tentative ruling as of 11/18/19. Based on this record, it appears that valuation of the subject property is not in dispute since the "as is" values appear to be comparable and there is no equity at this time, though debtor contends that the property as developed (i.e., "as completed") would be worth much more and would provide value to the estate if he develops the property. While the lack of equity is shown under 11 U.S.C. 362(d)(2), the remaining issue is whether that the property is necessary for debtor's reorganization, or there is some evidence that his plan of reorganization could be confirmed by a reasonable bankruptcy judge. In re Bonner Mall Partnership, 2 F.3d 899, 902 n. 4 (9th Cir. 1993). Debtor as the party opposing stay relief has the burden on this issue under 11 U.S.C. 362(g)(2), and debtor's unrebutted evidentiary showing in his and the Martinez and Wiltchik declarations that he could develop the property to generate value for the estate could be part of a plan of reorganization that could be confirmed by a reasonable bankruptcy judge. At this point, there is no evidence that the property is declining in value or that an equity cushion is eroding to warrant adequate protection under 11 U.S.C. 362(d)(1). The court is inclined to deny the stay relief motion without prejudice, and allow debtor for the time being a reasonable time to propose a plan which includes development of this property, although the court notes that this case is almost a year old and debtor will need to propose a plan within a reasonable time. Appearances are required on 11/19/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/11/19. No tentative ruling on the merits. Appearances are required on 10/15/19 to discuss scheduling of further proceedings, including an evidentiary hearing. Appearances are required on 10/15/19, but counsel may appear by telephone.
2:30 PM
Prior tentative ruling. The court was inclined to allow a short continuance of the hearing to allow debtor to obtain a valuation opinion in response to the valuation opinion submitted on behalf of movant. Debtor to provide a reasonable estimate when the appraisal can be obtained, so that the court can set an evidentiary hearing on valuation and cause for stay relief, including lack of adequate protection. Appearances are required on 9/10/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
2:30 PM
Docket 28
Deny motion of Chapter 7 trustee to dismiss bankruptcy case and "vacate" debtor's discharge without prejudice because: (1) the Chapter 7 Trustee lacks standing to bring a motion to dismiss under FRBP 1017(c), which refers to 11
U.S.C. 707(a)(3), which in turn states that only the United States Trustee may bring a motion to dismiss for failure to file required documents under 11
U.S.C. 707(a)(3) ("only on a motion by the United States Trustee"), and thus, the Chapter 7 Trustee cannot bring a motion to dismiss under FRBP 1017(c);
since debtor's discharge in this case was entered on 7/22/19, by seeking to "vacate" discharge, the Chapter 7 trustee is in effect seeking to revoke debtor's discharge which requires an adversary proceeding under FRBP 7001(4), and thus, the Chapter 7 trustee may not proceed by motion to revoke debtor's discharge. Denial of the motion is without prejudice on grounds that the motion is procedurally defective. Appearances are required on 11/19/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Barbara Iliana Huerta Cano Represented By Stephen L Burton
Trustee(s):
Sam S Leslie (TR) Pro Se
2:30 PM
Adv#: 2:19-01381 Janamian v. Arutyunyan
Docket 6
The court advances the hearing on defendant's motion to dismiss to the court's 1:30 p.m. hearing calendar to be conducted with the status conference scheduled at that time.
Grant defendant's motion to dismiss for the reasons stated in the moving papers and for lack of timely written opposition. The complaint to determine dischargeability of debt under 11 U.S.C. 523(a)(2), (a)(4) and (a)(6) was filed after the deadline of 9/6/19, 60 days after the first date set for the meeting of creditors under 11 U.S.C. 341(a) on 7/8/19 pursuant to Federal Rule of Bankruptcy Procedure 4007(c) and 11 U.S.C. 523(c). Service of the moving papers was proper on 10/2/19 because the papers were served on defendant then representing himself at the address listed on the complaint before counsel for plaintiff substituted in for plaintiff in the matter on 10/3/19.
Appearances are required on 11/19/19 at 1:30 p.m., but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arno Arutyunyan Represented By
Asbet A Issakhanian
Defendant(s):
Arno Arutyunyan Pro Se
2:30 PM
Plaintiff(s):
Soroush Janamian Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 142
The court having reviewed counsel declaration in response to the order to show cause has issued an order partially discharging the order to show cause as to the failure to appear at the status conference. Appearances are required on 11/20/19 to address failure to file quarterly operating reports, but counsel may appear by telephone.
Debtor(s):
Francisco O Lopez Represented By Nam H. Le Ryan A. Stubbe
11:00 AM
Docket 1
Updated tentative ruling as of 11/18/19. Appearances are required on 11/20/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/19. No tentative ruling on the merits. Appearances are required on 10/8/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/31/19, but counsel may appear by telephone.
Debtor(s):
Francisco O Lopez Represented By Nam H. Le
11:00 AM
Docket 672
No tentative ruling on the merits as there are factual disputes regarding ownership of the iPhone and the adoption of the company employee handbook, which have bearing on whether former officer's communications on the iPhone and MacBook were privileged. There are conflicts in the testimony of Jaurigui and Winsen and supporting documents as to when the iPhone was purchased (i.e., when and what model), who the buyer was, the officer or the company, and whether the company employee handbook was adopted by the company. These factual disputes will need to be resolved before the court can apply the appropriate law of privilege. Appearances are required on 11/20/19, but counsel may appear by telephone. The parties should be prepared to discuss how the court should resolve these evidentiary conflicts.
Debtor(s):
Swing House Rehearsal and Represented By Steven R Fox
11:00 AM
Docket 100
No tentative ruling on interim fee application of general bankruptcy counsel for debtor-in-possession in light of objection of client representative, Michelle McArn. Appearances are required on 11/20/19, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
11:00 AM
Docket 113
Updated tentative ruling as of 11/18/19. Grant debtor's motion to confirm Chapter 11 reorganization plan for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 11/20/19, but counsel may appear by telephone.
tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. Appearances are required on 6/12/19 regarding scheduling debtor's appearance before the court, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Although the amended disclosure statement is an improvement over the last version, the information is not completely adequate because debtor's listing of business expenses is inadequate and does not state what they are. Debtor should break down what they specifically are, and debtor should provide a historical breakdown of such specific expenses over the last 12 months. The court notes that the expenses are not evenly spread out during the last 12 months, but apparently are large in a few months and small in other months. Since the plan payments are so small, the court believes that it needs to give debtor's expenses close scrutiny, so that meaningful information is given to creditors for voting. Appearances are required on 4/17/19, but counsel may appear by
11:00 AM
telephone.
Prior tentative ruling. The matter of debtor's motion to value secured claim or lien as to Lending 1st Mortgage, LLC is not yet resolved and needs to be resolved before the case may proceed to plan confirmation. It appears that even though the motion is resolved as to Specialized Loan Servicing by stipulation and order, the motion is not resolved as to the other lien creditor and that the motion should be renoticed for hearing.
Debtor will have to provide additional information for the disclosure statement relating to: (1) his business expenses for which a detailed statement is required for Schedule I/J, and which was not provided either with the schedule or in Exhibit F; (2) his payments on the first deed of trust, for which there is no detailed breakdown of principal, interest, taxes, and other expenses; (3) and debtor should also provide financial projections for the entire 60-month duration of the plan.
The court will also require that debtor provide a narrative statement about his employment history and future employment prospects and his income producing activities, such as the investment real property and its income prospects, such as rental increases or decreases.
Appearances are required on 1/16/19, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
11:00 AM
Docket 1
Updated tentative ruling as of 11/18/19. Appearances are required on 11/20/19, but counsel may appear by telephone.
Prior tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. Appearances are required on 7/17/19, but counsel may appear by telephone.
Debtor(s):
Hugo Hernandez Represented By Lionel E Giron
1:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
Docket 1
No tentative ruling as of 11/18/19. Appearances are required on 11/20/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir Gary E Moll
Defendant(s):
Gary E Moll Represented By
Ilyse Klavir Gary E Moll
Gary E Moll and Associates Represented By Ilyse Klavir Gary E Moll
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
1:30 PM
Adv#: 2:16-01057 Salzman v. Moll et al
§523(a)(6), willful and malicious injury; verification fr. 4/30/19, 8/27/19, 11/19/19
Docket 1
Updated tentative ruling as of 11/18/19. No tentative ruling on the merits. Appearances are required on 11/20/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 8/26/19. Appearances are required on 8/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 4/29/19. No tentative ruling on the merits. Appearances are required on 4/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/5/18. No tentative ruling on the merits. Appearances are required on 10/9/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/10/18. Off calendar. The status conference is
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continued on the court's own motion by prior order to 10/9/18 at 2:30 p.m. No appearances are required on 9/11/18.
Prior tentative ruling as of 8/6/18. No tentative ruling on the merits. Appearances are required on 8/7/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/25/18. No tentative ruling on the merits. Appearances are required on 5/29/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/29/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion to substitute party. No appearances are required on 5/15/18.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 1/30/17. The parties should appear telephonically to discuss the impact of the pending related state court action on this adversary proceeding, that is, whether the proceedings in this matter should be stayed pending the resolution of plaintiff's claims in state court.
Appearances are required on 1/31/17, but counsel and plaintiff representing himself may appear by telephone.
Prior tentative ruling as of 10/3/16. Since plaintiff is pursuing liquidation of his substantive claims in state court litigation, and the court would stay the proceedings in this court until the state court litigation is completed.
Appearances are required on 10/4/16, but counsel and self-represented parties may appear by telephone.
Prior tentative ruling as of 10/3/16. No tentative ruling on the merits. Appearances are required on 10/4/16, but counsel may appear by telephone.
1:30 PM
Prior tentative ruling as of 9/12/16. The court has reviewed the state court's order for dismissal without prejudice of the malpractice action in that court. It appears that the court should refer the case to the United States District Court because of the claim for personal injury damages must be determined by that court, which claim is intertwined with the dischargeability action.
Alternatively, the court could abstain, allow plaintiff to refile the malpractice action in state court and not refer the case to the District Court. Appearances are required on 9/13/16, but the parties may appear by telephone.
Prior tentative ruling as of 8/22/16. No tentative ruling on the merits. The parties should address the court's request for clarification of dismissal order for the state court malpractice case and possible referral of case to the United States District Court because of the claim for personal injury damages.
Appearances are required on 8/23/16, but counsel may appear by telephone.
Prior tentative ruling as of 8/8/16. No tentative ruling on the merits. Appearances are required on 8/9/16, but counsel may appear by telephone.
Prior tentative ruling as of 7/18/16. Off calendar. The court noting that defendant has noticed a hearing on his motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m., the court continues on its own motion the status conference on 7/19/16 at 1:30 p.m. to the date and time of the hearing on defendant's motion to dismiss the first amended complaint on 8/9/16 at 3:30 p.m. No appearances are required on 7/19/16.
Prior tentative ruling. The status conference will be heard at 3:00 p.m. with the hearing on defendant's motion to dismiss. Appearances are required on 3:00 p.m. calendar, not the 1:30 p.m. calendar. No tentative ruling on the merits for the status conference.
Debtor(s):
Gary Moll Represented By
Ilyse Klavir
Defendant(s):
Gary E Moll Represented By
1:30 PM
Ilyse Klavir
Gary E Moll and Associates Represented By Ilyse Klavir
Plaintiff(s):
Gary Salzman Pro Se
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
Howard M Ehrenberg (TR) Pro Se
U.S. Trustee(s):
United States Trustee (LA) Pro Se
11:00 AM
fr. 9/18/19, 10/10/19
Docket 197
Off calendar. Continued by stipulation and order to 1/29/20 at 11:00 a.m. No
appearances are required on 11/21/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
11:00 AM
fr. 8/28/19, 10/10/19
Docket 180
Off calendar. Continued by stipulation and order to 2/7/20 at 11:00 a.m. No appearances are required on 11/21/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
11:00 AM
fr. 7/30/19, 9/4/19, 10/10/19
Docket 144
Updated tentative ruling as of 11/18/19. Approve disclosure statement describing second amended Chapter 11 plan proposed by debtors as containing adequate information for the reasons stated in the moving papers and for lack of timely written opposition, but on condition that disclosure statement and proposed plan be modified that: (1) disclosure statement and proposed plan provide for full payment of priority tax claims of IRS and County of Los Angeles within 5 years of the order for relief (i.e., petition date on 1/21/19) as required by 11 U.S.C. 1129(a)(9)(C) and (D), which require a payoff within 48 months (not 60 months); and (2) a deadline for objection to claims in the disclosure statement and proposed plan should be inserted. It does not appear that adjustments in payments of the priority tax claims would jeopardize feasbility since the tax claims are relatively small. The proposed schedule for plan confirmation proceeding is reasonable. Appearances are required on 11/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/1/19. Appearances are required on 7/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. Appearances are required on 4/17/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth
11:00 AM
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth
11:00 AM
#4.00 Cont'd status conference re: Management of chapter 11 case fr. 7/30/19, 9/4/19, 10/10/19
Docket 1
No tentative ruling as of 11/18/19. Appearances are required on 11/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/2/19. Appearances are required on 7/3/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/16/19. No tentative ruling on the merits. Appearances are required on 4/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. Appearances are required on 3/13/19, but counsel may appear by telephone.
Debtor(s):
Robert David Katz Represented By Victor A Sahn
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn
1:30 PM
fr. 7/19/19, 9/12/19, 10/24/19
Docket 2423
Updated tentative ruling as of 11/18/19. Hearing vacated by prior order entered on 11/6/19. The hearing may be rescheduled if necessary. No appearances are required on 11/21/19.
Prior tentative ruling as of 7/15/19. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 7/19/19.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior ruling as of 3/11/19. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling. Since the parties do not dispute that movant is not in technical compliance with LBR 2004-1 regarding a prefiling conference, the court will order movant to comply with this prefiling conference requirement before ruling on the motion on the merits.
In reviewing the motion, the court has concerns regarding the volume of documents requested by movant which do not appear to be entirely relevant and reasonable and appears to be burdensome and oppressive. In some respect, movant has proposed modifications in the document production requests in his reply, which should be discussed by the parties in their prefiling conference under LBR 2004-1(a).
It seems to the court that movant has standing to request "reasonable and relevant" information about estate administration, but not all the information requests seem to be reasonable and relevant and may be proprietary
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information not available to parties who intend to compete with debtor's business, such as movant. That movant has a right to ply his trade does not mean that he is entitled to proprietary information of the estate to compete with debtor.
The court will set a further hearing on the motion for a date that the parties have had their prefiling conference and have had an opportunity to identify and discuss in further briefing their remaining differences.
Appearances are required on 2/19/19, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher David W. Meadows Jerome S Cohen Carolyn A Dye
Movant(s):
Douglas Chrismas Represented By David B Shemano Alan W Forsley Jonathan Shenson
1:30 PM
Adv#: 2:15-01679 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF T v.
(5) Avoidance and recovery of post-petition transfers to defendant ACE Gallery New York Corporation; and (6) Disallowance of claims
fr. 5/29/19, 7/17/19, 10/2/19
Docket 1
Updated tentative ruling as of 11/18/19. Off calendar. Continued to 1/15/20
at 11:30 a.m. by order entered on 11/6/19. No appearances are required on 11/21/19.
Prior tentative ruling as of 9/16/19. No tentative ruling on the merits. Appearances are required on 9/18/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. Off calendar. The court on its own motion continues the status conference to 7/17/19 at 1:30 p.m., which was another date and time set for the status conference for all defendants. No appearances are required on 7/16/19.
Prior tentative ruling as of 5/13/19. Off calendar. Continued by stipulation and order to 5/29/19 at 2:30 p.m. No appearances are required on 5/15/19.
Revised tentative ruling as of 3/11/19. The court is inclined to set a further status conference to allow time for Cathay Bank to provide input on discovery and trial setting, but 60 days rather than 3 to 6 months, and because the case is not yet at issue. The court has considered the requests of various parties for severance of claims for trial, but while the court agrees with plaintiff, it may be early, but given the unwieldy nature of this litigation, some severance of claims probably makes sense. Plaintiff's concerns about efficiency of litigation might be handled by some consolidation of discovery and other
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pretrial proceedings. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/6/18. No tentative ruling on the merits. Appearances are required on 11/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 9/10/18. Appearances are required on 9/12/18, but counsel may appear by telephone. No tentative ruling on the state of discovery, except regarding 400 S. La Brea, LLC's submission of documents for in camera review:
Document | Tentative Ruling |
400 S. La Brea, LLC's 2015 Balance Sheet 400 S. La Brea, LLC's 2016 Balance Sheet 400 S. La Brea, LLC's 2016 Income Statement 400 S. La Brea, LLC's 2016 Federal and State Tax Returns | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B)(i). |
2012 Appraisal of the Subject Property 2013 Appraisal of the Subject Property | Order disclosure, subject to redaction of "confidential commercial information." |
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2017 Appraisal of the Subject Property Technical Review of the 2017 Appraisal of the Subject Property | Deny disclosure. Submission includes confidential commercial information, the disclosure of which would impose a burden on 400 S. La Brea that outweighs any benefit to the Plaintiff because the information is irrelevant to Plaintiff's claim. See Fed. R. Civ. P. 26(b)(1), 45(d)(3)(B) (i). The 2017 documents are irrelevant because they postdate the subject lease term. |
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/2/18. No tentative ruling on the merits. Appearances are required on 4/4/18, but counsel may appear by telephone.
Prior tentative ruling as of 3/6/18. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling as of 11/13/17. No tentative ruling on the merits. Appearances are required on 11/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/25/17, but counsel may appear by telephone.
No updated tentative ruling as of 1/9/17. Appearances are required on 1/11/17, but counsel may appear by telephone.
Prior tentative ruling as of 12/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/13/16, but counsel may appear by telephone.
Prior tentative ruling as of 9/12/16. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 9/13/16 to discuss scheduling of further proceedings in light of the anticipated
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motion to consolidate related actions, but counsel may appear by telephone.
Prior tentative ruling as of 6/20/16. No tentative ruling on the merits. Appearances are required on 6/21/16, but counsel may appear by telephone.
Prior tentative ruling as of 4/25/16. Off calendar. The court has reviewed plan agent's unilateral status report stating that the deadline for defendant's response was extended to 4/29/16 and that the matter is not yet at issue, and the court on its own motion continues the status conference to 6/21/16 at 1:30
p.m. pending defendant's response to the complaint. No appearances are required on 4/26/16.
No tentative ruling as of 2/22/16. Appearances are required on 2/23/16, but counsel may appear by telephone.
Debtor(s):
Art and Architecture Books of the Represented By
Thomas M Geher Ron Bender
Beth Ann R Young Krikor J Meshefejian Kurt Ramlo
David W. Meadows
Defendant(s):
Ace Gallery New York Corporation, Pro Se
Plaintiff(s):
THE OFFICIAL COMMITTEE OF Represented By
Victor A Sahn
U.S. Trustee(s):
United States Trustee (LA) Pro Se
10:30 AM
Docket 54
Off calendar. Motion voluntarily dismissed by notice filed on 11/6/19. No appearances are necessary.
Debtor(s):
Ara Ohannes Keyllian Represented By Eileen Keusseyan
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Cheol Kyun Jung Represented By Young K Chang
Trustee(s):
Carolyn A Dye (TR) Pro Se
10:30 AM
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition as indicated by debtor's filing a statement of non-opposition. The 14-day waiting period under FRBP 4001(a)
(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Hal Frederick Hunt Represented By William R Bailey
Joint Debtor(s):
Amy Velez Hunt Represented By William R Bailey
Trustee(s):
John P Pringle (TR) Pro Se
1:30 PM
Adv#: 2:19-01214 Katz et al v. CITIBANK, N.A. et al
(2) Recovery of Preferential Transfers; (3) Avoidance of Post-Petition Transfers;
(4) Recovery of Post-Petition Transfers; (5) Preservation of Avoided Transfers; and
(6) Disallowance of Claims fr. 9/17/19, 10/15/19
Docket 1
Off calendar. Judgment entered by stipulation and order. No appearances are necessary.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Defendant(s):
CITIBANK, N.A. Pro Se
Citi Pro Se
Citigroup, Inc. Pro Se
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
1:30 PM
Plaintiff(s):
Robert David Katz Represented By Victor A Sahn
Roslyn Soudry Katz Represented By Victor A Sahn
1:30 PM
Docket 7
Off calendar. Order to show cause discharged and hearing vacated by order entered on 11/22/19. No appearances are required on 11/26/19.
Debtor(s):
Gail Weeks Represented By
D Justin Harelik
Trustee(s):
John J Menchaca (TR) Pro Se
1:30 PM
Docket 115
Updated tentative ruling as of 11/25/19. Off calendar. By stipulation and order, evidentiary hearing is reset for 1/17/20 at 9:00 a.m. No appearances are required on 11/26/19.
Prior tentative ruling as of 11/13/19. Off calendar. Evidentiary hearing on 11/15/19 vacated by order entered on 11/13/19, and telephonic status conference is set for 11/26/19 at 1:30 p.m. to reschedule evidentiary hearing if the parties are unable to stipulate to a continued hearing date and time. No appearances are required on 11/15/19.
Revised tentative ruling as of 10/2/19. Off calendar. Continued by stipulation and order to 11/15/19 at 9:00 a.m. No appearances are required on 10/4/19.
Prior tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/31/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19.
Prfior tentative ruling. Treat the motion objecting to claim as a contested matter under FRBP 9014 and set a schedule of pretrial proceedings, including discovery, since there are disputed issues of material fact. Parties should confer regarding an appropriate schedule if they can. Appearances are required on 5/8/19, but counsel may appear by telephone.
Creditor may be entitled to its claim for attorneys' fees under 11 U.S.C. 506(b) pursuant to contract based on its loan agreement secured by deed of trust,
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which were upheld as valid in the state court litigation. The four elements for a claim under 11 U.S.C. 506(b) are: (1) its claim is an allowed secured claim;
(2) it is an oversecured creditor; (3) the fees it asserts are reasonable; and (4) the fees it asserts are provided for under an agreement under which such claim arose, or the fees are provided for under a state statute under which the creditor's claim arose. In re Astle, 364 B.R. 735, 741 (Bankr. D. Idaho 2007). The claim is an allowed secured claim based on the state court judgment, though the judgment is on appeal. The creditor is an oversecured creditor, which is not in dispute. The reasonableness of the fees it asserts is in material dispute. Creditor has only submitted redacted versions of its counsel's fee statements, which do not provide sufficient information for the court to review for reasonableness. Creditor must file unredacted versions, or submit unredacted versions in camera with a privilege log if creditor claims that the reacted matter is privileged. Debtor as the objecting party must carry its burden of explaining what in the fee statements are unreasonable or at least what would be reasonable under the circumstances. In re Koncicky, 2007 WL 7540997 (9th Cir. BAP 2007)(unpublished memorandum opinion) (citation omitted). Debtor has the responsibility to challenge the information and provide evidence controverting that produced by creditor. Id. Debtor has not met this burden. The fees that creditor asserts are provided by the loan agreement between it and its borrower providing for reasonable attorneys' fees if it incurs or pays to maintain, protect or enforce its rights under the loan agreement as secured by the deed of trust. Exhibits A and C to Favela Declaration. Case law in California allows such fees to be added to the balance under the promissory note secured by trust deed. Chacker v. JPMorgan Chase Bank, N.A., 27 Cal.App.5th 351, 356-358 (2018). However, there is no separate award of attorneys' fees authorized by statute, such as California Civil Code 1717 because debtor is not a signatory to the contract in the loan agreement and creditor has not otherwise shown that it would have been liable for the fees of the opposing party if the opposing party had prevailed. Asphalt Professionals, Inc. v. Davis (In re Davis), 595 B.R. 818, 837 (Bankr. C.D. Cal. 2019), citing, Dell Merk, Inc. v. Franzia, 132 Cal.App.4th 443, 441 (2005). Thus, creditor will need to submit fully unredacted copies of its fee statements to the court, and debtor will need to explain what in the fee statements are unreasonable and/or produce evidence showing that the fees are unreasonable.
1:30 PM
Debtor(s):
Raeisi Group, Inc Represented By Christopher P Walker
Movant(s):
Raeisi Group, Inc Represented By Christopher P Walker
2:30 PM
Docket 667
Not all creditors on the creditors' mailing matrix were served with notice as shown on the proof of service and notice of electronic filing (NEF) pursuant to FRBP 2002(a)(2) and 6004(a) and LBR 6004-1 and 9013-1. Given the practicalities of the situation, i.e., the modest amount involved in the sale, and lack of opposition thereto from the served creditors and interested parties, the court will grant the motion with the movant trustee understanding that the sale order may be subject to collateral attack by the unserved creditors. The motion otherwise should be granted for the reasons stated in the moving papers and for lack of timely written opposition by the served creditors and interested parties. Appearances are optional on 11/26/19, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Corona Care Convalescent Represented By
M. Jonathan Hayes Michael Jay Berger
Trustee(s):
Richard K Diamond (TR) Represented By Steven J Schwartz Howard Kollitz Walter K Oetzell Zev Shechtman Sonia Singh
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 11/19/19
Docket 91
Off calendar. Continued to 12/10/19 at 2:30 p.m. by prior order. No
appearances are required on 11/26/19.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 7/30/19, 10/8/19, 11/19/19
Docket 1
Updated tentative ruling as of 11/25/19. Off calendar. Continued to 12/10/19
at 2:30 p.m. by prior order. No appearances are required on 11/26/19.
Prior tentative ruling as of 10/7/19. No tentative ruling on the merits. Plaintiff to discuss the status of assignment of the judgment to Ms. Lollar or a motion for reconsideration on denial of plaintiff's motion for summary judgment or a renewed motion for summary judgment. The court intends to set a pretrial conference in about 90 days in January 2020 and then set the matter for trial at the pretrial conference. Appearances are required on 10/8/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/28/19. Counsel for plaintiff has informally advised the court by leaving a voicemail message that he is out of the country on vacation and requests a continuance of the status conference. Since this is not a proper request for a continuance, such request is denied. See Local Bankruptcy Rule 9013-1(m). Appearances are required on 5/29/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the
2:30 PM
court's website.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/22/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion for judgment on the pleadings. No appearances are required on 5/15/18.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
9:00 AM
fr. 11/14/19
Docket 195
Off calendar. Motion resolved by order entered on 11/15/19, which vacated continued hearing on 11/27/19. No appearances are required on 11/27/19.
Debtor(s):
David Lee Represented By
David A Tilem
10:30 AM
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) to pursue non- bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. Deny request to terminate co-debtor stay under 11 U.S.C. 1201(a) or 1301(a) since neither of those provisions apply in a Chapter 7 bankruptcy case. Deny requests for extraordinary relief in paragraphs 9 and 11 for lack of legal and/or evidentiary support. In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Oscar Hernandez Represented By
Lisa F Collins-Williams
Joint Debtor(s):
Cacilda Dorado Represented By
Lisa F Collins-Williams
10:30 AM
Movant(s):
Autumn Wind, LLC Represented By Dana J Seyler
Trustee(s):
John J Menchaca (TR) Pro Se
11:00 AM
Adv#: 2:18-01327 Walden et al v. Fernandez
fr. 8/13/19, 11/12/19, 11/19/19
Docket 1
Updated tentative ruling as of 12/2/19. The joint pretrial stipulation is missing stipulated fact no. 15, which is blank, and the joint exhibit list and any objections to the exhibits referred to in the joint pretrial stipulation, but the exhibit list and objections are not attached. Appearances are required on 12/4/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/18/19. Off calendar. The court has reviewed the counsel declarations regarding preparation of the joint pretrial stipulation. The court on its own motion continues the pretrial conference to 12/3/19 at 11:00 a.m. and extends the time for the parties to file a joint pretrial stipulation to 11/26/19. The court expects that the parties will meet and confer to resolve their differences and submit a joint pretrial stipulation, not unilateral pretrial statements, by 11/26/19 (the parties should be able at least to agree to disagree so that there is one joint pretrial stipulation), and the court will impose sanctions of $250 each on the culpable parties for failure to submit a joint pretrial stipulation as provided in LBR 7016-1. No appearances are required on 11/19/19.
Prior tentative ruling as of 11/8/19. Off calendar. Continued by stipulation and order to 11/19/19 at 2:00 p.m. No appearances are required on 11/12/19.
Prior tentative ruling as of 8/12/19. Appearances are required on 8/13/19, and parties to address the status of mediation, their failure to conduct a meeting of counsel pursuant to LBR 7026-1, the status of discovery and scheduling of further proceedings.
11:00 AM
Prior tentative ruling as of 3/11/19. The court has reviewed the joint status report. Set a discovery cutoff date of 7/1/19 and a post-discovery status conference on 7/30/19 at 1:30 p.m. with a joint status report due on 7/23/19. Appearances are required on 3/12/19 to discuss the failure of counsel to have the early meeting of counsel under LBR 7026-1 and whether the matter should be referred to mediation, but counsel may appear by telephone.
Prior tentative ruling. The court notes that the parties failed to file a joint status report as required by Local Bankruptcy Rule 7016-1 and the court's order setting initial status conference in adversary proceeding filed and entered on 10/23/18, and such failure may subject the parties to monetary sanctions of $100 each. The parties have not indicated to the court that they have met and conferred as required by Federal Rule of Bankruptcy Procedure 7026 and Local Bankruptcy Rule 7026-1. Appearances are required on 1/8/19.
Debtor(s):
Martha Alicia Fernandez Represented By Gary S Saunders
Defendant(s):
Martha Alicia Fernandez Pro Se
Plaintiff(s):
Yvette Walden Pro Se
Guadalupe L Cruz Pro Se
Jose L Cruz Pro Se
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
Adv#: 2:19-01435 Goodrich v. Amazon Loan Services
11 U.S.C. § 502(d); and 5) Turnover of property of the estate pursuant to 11 U.S.C. § 542
Docket 1
Off calendar. Continued by stipulation and order to 1/7/20 at 1:30 p.m. No appearances are required on 12/3/19.
Debtor(s):
SOCALDEAL INC Represented By Fari B Nejadpour
Defendant(s):
Amazon Loan Services Pro Se
Plaintiff(s):
David M. Goodrich Represented By Faye C Rasch
Trustee(s):
David M Goodrich (TR) Represented By Faye C Rasch Beth Gaschen
Weiland Golden Goodrich LLP
1:30 PM
Adv#: 2:19-01053 Lee et al v. Stringer
fr. 4/30/19, 8/27/19
Docket 1
Updated tentative ruling as of 12/2/19. No tentative ruling on the merits. Appearances are required on 12/3/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Appearances are required on 4/30/19 to address why monetary sanctions of $100 should not be imposed each on counsel for plaintiffs and defendant who is self-represented for failure to file a joint status report as required by Local Bankruptcy Rule 7016-1 and the court's order setting initial status conference filed and entered on 2/21/19.
Debtor(s):
Alfred Lee Stringer Pro Se
Defendant(s):
Alfred Lee Stringer Pro Se
Plaintiff(s):
Mylaunna Lee Represented By Albert L Chaney III
1:30 PM
Sharlet Marie Lee Represented By Albert L Chaney III
Trustee(s):
Elissa Miller (TR) Pro Se
1:30 PM
fr. 9/17/19
Docket 23
Updated tentative ruling as of 12/2/19. No tentative ruling on the merits. Appearances are required on 12/3/19 to discuss whether the contested matter will proceed now that debtor has amended his schedules and trustee has withdrawn his objection to the claimed exemption, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set an evidentiary hearing since there are disputed issues of material fact for the court to resolve to rule on the motion. See In re Perrotta, 378 B.R. 27, 30 (Bankr. D. N.H. 2007). The parties dispute whether the presumption of abuse arises and how the means test is computed here, and the results may change if debtor amends his schedules as he represented in his opposition. Movant has not shown that debtor may not amend his schedules for purposes of the means test in light of the liberality of the policy to allow a debtor to amend his schedules under FRBP 1009. The court will treat the hearing as a status conference in which the court will discuss scheduling of further proceedings. The parties should be prepared to discuss their pretrial needs, including discovery. Appearances are required on 9/17/19, but counsel may appear by telephone.
Debtor(s):
Eric John Kaesman Represented By Stephen A Madoni Maureen Strube
Trustee(s):
Edward M Wolkowitz (TR) Represented By
1:30 PM
Nancy H Zamora
2:00 PM
Adv#: 2:17-01245 7175 WB, LLC v. Jaurigui
fr. 1/29/19, 6/25/19, 10/1/19
Docket 1
Updated tentative ruling as of 12/2/19. Off calendar. Continued by stipulation and order to 1/28/20 at 2:00 p.m. No appearances are required on 12/3/19.
No updated tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
No updated tentative ruling as of 5/11/18. Appearances are required on 5/16/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/23/18. Appearances are required on 4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
2:00 PM
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Updated tentative ruling as of 11/6/17. No tentative ruling on the merits. Appearances are required on 11/8/17, but counsel may appear by telephone.
Prior tentative ruling as of 7/24/17. No tentative ruling on the merits. Appearances are required on 7/26/17, but counsel may appear by telephone.
Updated tentative ruling as of 7/11/17. No tentative ruling on the merits. Appearances are required on 7/12/17, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 6/27/17, but counsel may appear by telephone.
Debtor(s):
Philip Joseph Jaurigui Represented By Leonard Pena
Defendant(s):
Philip Joseph Jaurigui Pro Se
Plaintiff(s):
7175 WB, LLC Represented By Michael D Good
2:00 PM
Adv#: 2:19-01140 GemCap Lending I, LLC v. Great Rock Capital Partners Management, LLC
Docket 1
Off calendar. Adversary proceeding voluntarily dismissed by notice filed on 10/17/19. No appearances are necessary.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith
Defendant(s):
Great Rock Capital Partners Pro Se
Plaintiff(s):
GemCap Lending I, LLC Represented By Carol Chow
2:30 PM
Adv#: 2:19-01332 Avery v. Leya Technologies, LLC et al
fr. 11/12/19
Docket 10
No tentative ruling as of 12/2/19. Appearances are required on 12/3/19, but counsel may appear by telephone.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Leya Technologies, LLC Represented By Brian L Davidoff
Bahram Bordbar Represented By Brian L Davidoff
Malahat Bordbar Represented By Brian L Davidoff
Sara Bordbar Pro Se
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo
2:30 PM
Carmela Pagay Lindsey L Smith Irving M Gross
2:30 PM
Adv#: 2:19-01332 Avery v. Leya Technologies, LLC et al
fr. 11/5/19
Docket 1
Updated tentative ruling as of 12/2/19. No tentative ruling on the merits. Appearances are required on 12/3/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report, noting that pending motions of defendants to dismiss certain claims and motion of third parties to substitute or intervene were noticed for hearing on 11/12/19 at 2:30 p.m. and suggesting that the status conference be continued to that date or some date after. The court takes judicial notice that it had ordered that the hearing on the motion to dismiss as amended in light of the amended complaint was continued to 12/3/19 at 2:30 p.m. Accordingly, the court on its own motion continues the status conference to 12/3/19 at 2:30 p.m. to be conducted with the hearing on the motion to dismiss claims of the amended complaint now set for 12/3/19 at 2:30 p.m. because the ruling on the motion may have an impact on the status of the matter. No appearances are required on 11/5/19.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Leya Technologies, LLC Pro Se
2:30 PM
Bahram Bordbar Pro Se
Malahat Bordbar Pro Se
Sara Bordbar Pro Se
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay Lindsey L Smith Irving M Gross
2:30 PM
Application for fees and expenses [David M. Goodrich, Chapter 7 Trustee]
Docket 21
Approve trustee's final report and fee application for the reasons stated in the final report and for lack of timely written objection. Appearances are optional on 12/3/19, but counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Drubern Corporation Represented By Robert M Aronson
Trustee(s):
David M Goodrich (TR) Pro Se
2:30 PM
Docket 42
Overrule opposition of Robert Whitney Latimer, II, to trustee's motion for substantive consolidation on grounds that he lacks standing to object as despite his contention that he is a creditor, he has not filed any claim, nor is he listed as a creditor in either bankruptcy case on the petitions and schedules of debtors. Matter of Fondiller, 707 F.2d 441, 443 (9th Cir. 1983). His status as a defendant in an adversary proceeding is not enough to confer standing to object. Id.
Grant motion of trustee for substantive consolidation for the reasons stated in the moving and reply papers, specifically, on grounds that a majority of the debts in both cases are community debts for which debtors are jointly liable, indicating that debtors were treated as a single economic unit and did not rely upon their separate identity in extending credit and that their affairs were so entangled during their marriage that consolidation would benefit all creditors. In re Bonham, 229 F.3d 750, 766 (9th Cir. 2000).
Appearances are required on 12/3/19, but counsel may appear by telephone.
Debtor(s):
Ashley Latimer Represented By Lane K Bogard
Trustee(s):
Wesley H Avery (TR) Represented By Ryan W Beall
David M Goodrich
2:30 PM
Docket 32
Off calendar. Motion withdrawn by notice filed on 11/22/19. No appearances are required on 12/3/19.
Debtor(s):
Eric John Kaesman Represented By Stephen A Madoni Maureen Strube
Trustee(s):
Edward M Wolkowitz (TR) Represented By Nancy H Zamora
2:30 PM
Docket 11
Off calendar. Order to show cause is discharged because debtor paid first installment of filing fee. No appearances are required on 12/3/19.
Debtor(s):
Joshua Daniel Escobar Pro Se
Trustee(s):
Carolyn A Dye (TR) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 12/2/19. No tentative ruling on the merits. Appearances are required on 12/4/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Debtor(s):
Forbco Sizzler Partners, L.P. Represented By Robert E Opera Sean A OKeefe
11:00 AM
Docket 140
Updated tentative ruling as of 12/2/19. No tentative ruling on the merits. Appearances are required on 12/4/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/28/19. No tentative ruling on the merits. Appearances are required on 5/29/19, but counsel may appear by telephone.
Debtor(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
Movant(s):
L Scott Apparel Inc. Represented By David W Levene Kurt Ramlo Paul J Kurtzhall
11:00 AM
Docket 167
Updated tentative ruling as of 12/2/19. Treat creditor David Tilem’s motion to convert case under 11 U.S.C. 1112(b)(1) as a contested matter under FRBP 9014 in light of the opposition of proposed representative of debtor’s probate estate, David Kudrave. However, the probate petition is pending with a hearing to have taken place on the petition on 11/26/19. In determining a motion to convert or dismiss a Chapter 11 bankruptcy case under 11 U.S.C. 1112(b)(1), the court is to engage in a two-step analysis, first, to determine whether cause exists to dismiss or convert, and second, to determine whether dismissal, conversion or appointment of a trustee or examiner is in the best interests of the creditors and the estate, and to identify whether there are unusual circumstances that establish that dismissal or conversion is not in the best interests of creditors and the estate. In re Sullivan, 522 B.R. 604, 612 (9th Cir. BAP 2014). As to step one, showing cause, it appears that cause is shown based on debtor’s failure to file post-confirmation status reports as set forth in the order confirming the Chapter 11 plan and on a material default in not escrowing funds to pay creditor’s professional fees as provided in the confirmed plan. 11 U.S.C. 1112(b)(4)(E) and 1112(b)(4)(N). Whether or not there are other plan defaults such as making of plan and mortgage payments and payment of United States Trustee fees is disputed by the proposed probate representative. The proposed probate representative does not dispute the defaults, but states that such defaults will be cured when he is substituted in the case for debtor upon a motion to be filed once he receives letters testamentary from the state court supervising the probate case. As to step two, determining whether dismissal, conversion or appointment of a trustee is in the best interests of creditors and the estate and identifying whether unusual circumstances exist not to dismiss or convert the case, the court must consider the best interests of all creditors, and not just the interests of the one creditor, movant. In re Owens, 552 F.3d 958, 960-961
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(9th Cir. 2009). As an option, dismissal is not addressed in the moving papers, and if the property of reorganized debtor is subject to probate court jurisdiction, the distribution of such property may be subject to the probate exception to federal jurisdiction under Marshall v. Marshall, 547 U.S. 293 (2006). The creditors and the estate may be better off litigating themselves in state court if the probate exception applies. However, as indicated in the opposition, the major asset of the estate, debtor’s residence, "devolved" to debtor’s beneficiaries, apparently outside probate, through a trust since the proposed probate representative is also the trustee of debtor’s family trust.
However, the record is unclear what the status of title of debtor’s residence is now, though creditor suggests that there may have been fraudulent transfers. If the property was transferred outside of probate, then the probate exception to federal jurisdiction may not apply. The court is inclined to determine that assuming that either dismissal or conversion is appropriate, there may be unusual circumstances not to warrant dismissal or conversion at this time on grounds that there was reasonable justification for the defaults based on the illness and death of debtor and the defaults will be cured within a reasonable period of time. The proposed probate representative has attested that there are no defaults in the mortgage payments on the residence and the plan payments, which have been made by debtor or by him, and defaults in filing status reports will be cured, and is seeking letters testamentary in order to act on behalf of debtor’s probate estate to substitute for debtor to proceed with the confirmed plan and cure any plan defaults within a reasonable time pursuant to 11 U.S.C. 1112(b)(2)(B). Thus, the court would determine based on the death of debtor, the suggestion of death on the record, and the proposed probate representative’s representations that he is seeking probate court authority to substitute in the case for debtor within the 90 days from the suggestion of death on the record pursuant to FRCP 25(a)(1) and cure the plan default in order to proceed with the confirmed plan constitutes compelling circumstances to depart from the time limits of 11 U.S.C. 1112(b) (3), and thus, the court would continue the hearing on the motion to convert until after the 90 day deadline for substitution of debtor under FRCP 25(a) has passed. The creditors as a whole may be better off if the proposed probate representative is substituted in and cures the defaults on the plan, and these circumstances are compelling to deviate from the deadlines of 11
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U.S.C. 1112(b)(3) to ascertain whether cure by the proposed probate representative within a reasonable period of time is viable. The court contemplates that only a relatively short continuance of the hearing on the motion to convert would be needed to ascertain this (roughly 60 days since the 90 day deadline expires on or about 1/7/20). The court notes that both creditor and proposed probate representative have indicated an intention to file a motion to substitute within the 90 day time limit of FRCP 25(a)(1). Appearances are required on 12/4/19, but counsel may appear by telephone.
Debtor(s):
Peter G. Kudrave Pro Se
11:00 AM
Docket 187
Off calendar. Motion voluntarily dismissed by notice filed on 11/25/19. No appearances are necessary.
Debtor(s):
David Lee Represented By
David A Tilem
11:00 AM
Docket 67
Updated tentative ruling as of 12/2/19. Approve disclosure statement as containing adequate information and for lack of timely written opposition. Appearances are required on 12/4/19 to discuss scheduling of plan confirmation proceedings, but counsel may appear by telephone.
Prior tentative ruling. Debtor did not give the required 42 days notice of hearing on his motion for approval of the disclosure statement pursuant to LBR 3017-1(a), and the motion will have to be renoticed to comply with the rule. Counsel has informally indicated to the court that Debtor will renotice the motion to comply with the rule. Appearances are required on 11/6/19, but counsel may appear by telephone.
Debtor(s):
Roger Timothy Ruiz Represented By Marcus G Tiggs
11:00 AM
Docket 1
Updated tentative ruling as of 12/2/19. No tentative ruling on the merits. Appearances are required on 12/4/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/11/19. Off calendar. The court has reviewed debtor's status report. The court on its own motion continues the status conference to 12/4/19 at 11:00 a.m. to be conducted with the rescheduled hearing on the motion to approve the disclosure statement. No appearances are required on 11/13/19.
Prior tentative ruling as of 8/13/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Debtor(s):
Roger Timothy Ruiz Represented By Marcus G Tiggs
11:00 AM
fr. 11/12/19
Docket 217
Updated tentative ruling as of 12/2/19. Off calendar. Continued by stipulation
and order to 12/11/19 at 11:00 a.m. No appearances are required on 12/4/19.
Prior tentative ruling. Although the court has reviewed the interim fee application of general bankruptcy counsel for debtors in possession and has no substantive objections to the application and the court notes that there are no timely written objections to the application, service is deficient because not all creditors on the creditors mailing matrix were served as required by FRBP 2002(a)(6) since the request is for compensation or expenses exceeding
$1,000: Creditors Francis Ginsberg, Louis Jacobs and Naomi Jacobs 1990 Revocable Inter Vivos Trust dated April 16, 1990. Even though applicant served all of the parties specifically listed in LBR 2016-1(a)(2)(B), this rule also has a cross-reference to FRBP 2002 and requires service on any other party in interest entitled to notice under that rule. FRBP 2002(a)(6) and 9013 require notice on all creditors of a hearing on any entity's request for compensation or reimbursement of expenses if the request exceeds $1,000, which it does here. Also, the client signature on the declaration of nonopposition pursuant to LBR 2016-1(a)(1)(J) and (K) has not been filed as represented in the application. Since the cash on hand in the estate is only
$83,488.11, debtors and applicant need to state how payment will be made if the court approves the application. Also, applicant should understand that any payment may be subject to disgorgement from a decision on the pending motion to disqualify applicant as estate counsel, which is now set for hearing on 1/29/20. Appearances are required on 11/12/19, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
11:00 AM
fr. 11/20/19
Docket 142
Updated tentative ruling as of 12/2/19. No tentative ruling on the merits. Appearances are required on 12/4/19 to discuss status of delinquent quarterly operating reports, but counsel may appear by telephone.
Prior tentative ruling. The court having reviewed counsel declaration in response to the order to show cause has issued an order partially discharging the order to show cause as to the failure to appear at the status conference. Appearances are required on 11/20/19 to address failure to file quarterly operating reports, but counsel may appear by telephone.
Debtor(s):
Francisco O Lopez Represented By Nam H. Le Ryan A. Stubbe
11:00 AM
Docket 1
Updated tentative ruling as of 12/2/19. No tentative ruling on the merits. Appearances are required on 12/4/19 to discuss status of delinquent quarterly operating reports, but counsel may appear by telephone.
Prior tentative ruling as of 11/18/19. Appearances are required on 11/20/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/7/19. No tentative ruling on the merits. Appearances are required on 10/8/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/31/19, but counsel may appear by telephone.
Debtor(s):
Francisco O Lopez Represented By Nam H. Le
1:30 PM
Docket 6
Off calendar. Motion withdrawn by stipulated withdrawal of motions filed on 11/20/19. No appearances are necessary.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
1:30 PM
fr.11/5/19
Docket 64
Off calendar. Motion withdrawn by stipulated withdrawal of motions filed on 11/20/19. No appearances are necessary.
Debtor(s):
Reyna Maria Taylor Represented By Steven M Mayer
1:30 PM
fr. 7/16/19, 8/20/19, 9/10/19
Docket 37
Updated tentative ruling as of 11/22/19. Off calendar. Motion resolved by stipulation and order. No appearances are required on 12/5/19.
Prior tentative ruling as of 9/9/19. No tentative ruling on the merits. Appearances are required on 9/10/19, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014 and set a schedule of pretrial and trial proceedings. Both parties failed to provide separate tabs for exhibits attached to judge's copies of their papers as required by LBR 5005-2(d). Appearances are required on 7/16/19, but counsel may appear by telephone.
Debtor(s):
Oscar Gomez Navarrete Represented By Brad Weil
Trustee(s):
Brad D Krasnoff (TR) Pro Se
10:30 AM
fr. 8/27/19, 10/8/19
Docket 15
Updated tentative ruling as of 12/9/19. Off calendar. Continued by stipulation
and order to 2/11/20 at 10:30 a.m. No appearances are required on 12/10/19.
Prior tentative ruling as of 10/7/19. Off calendar. Continued by stipulation and order to 12/10/19 at 10:30 a.m. No appearances are required on 10/8/19.
Prior tentative ruling. The hearing is continued by stipulation and order to 10/8/19 at 10:30 a.m. The order further provides that because service of the moving papers was deficient because movant has not served a judge's copy with separately tabbed exhibits as required by Local Bankruptcy Rule
5005-2(d), movant was ordered to comply with the rule and serve a judge's copy of its moving papers with separately tabbed exhibits within 7 days of the date of entry of the order. No appearances are required on 8/27/19.
Debtor(s):
Daniel Hyun You Represented By David Marh
Trustee(s):
Wesley H Avery (TR) Pro Se
10:30 AM
Docket 13
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers.
Deny debtor's request to continue hearing for 45 days based on lack of compelling circumstances to warrant a continuance beyond the mandatory 30-day period to rule on the stay relief motion under 11 U.S.C. 363(e).
No tentative ruling on movant's request to waive the 14-day waiting period under FRBP 4001(a)(3).
Appearances are required on 12/10/19, but counsel may appear by telephone.
Debtor(s):
Eva Sieg Represented By
Derik N Lewis
Movant(s):
Prospect Village Investments, LP Represented By
Luke P Daniels
Trustee(s):
Peter J Mastan (TR) Pro Se
10:30 AM
(Toyota Motor Credit Corporation VS Debtors)
Docket 12
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Christopher Aaron Vasquez Represented By Susan Jill Wolf
Joint Debtor(s):
Tatiana Esperanza Rojas Vasquez Represented By
Susan Jill Wolf
Trustee(s):
Sam S Leslie (TR) Pro Se
10:30 AM
(PNC Bank National Association VS Debtor)
Docket 9
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Dominic M. Rodriguez Represented By Daniela P Romero
Trustee(s):
Rosendo Gonzalez (TR) Pro Se
11:00 AM
Docket 26
Updated tentative ruling as of 12/9/19. No tentative ruling on the merits. Appearances are required on 12/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/7/19. Creditor Maddy filed the declaration and report of creditor's appraiser on 11/5/19. Parties should address whether an evidentiary hearing is needed on valuation since there may be no need if the parties agree to valuation based on the appraisal report of creditor's expert and then the parties can just argue on the merits of the legal issues.
Appearances are required on 11/12/19, but counsel may appear by telephone.
Prior tentative ruling. Treat as a contested matter under FRBP 9014. However, the court notes that the valuation report submitted by creditor Maddy is not in admissible form since there is no declaration under penalty of perjury by the real estate agent providing the valuation opinion and that the valuation opinion is not supported by any valuation analysis. The court will allow an opportunity for creditor to obtain an admissible valuation opinion or report. If creditor obtains an admissible valuation opinion, the court will set the matter for an evidentiary hearing, and requests creditor to provide an estimate on how long it will take to obtain the valuation opinion of the agent or an appraiser and such expert's availability to testify. Appearances are required on 10/15/19, but counsel may appear by telephone.
Debtor(s):
Owen James Thornton Represented By James K Chang Steven A Alpert
11:00 AM
Trustee(s):
Edward M Wolkowitz (TR) Pro Se
1:00 PM
fr. 11/5/19, 11/12/19, 11/14/19
Docket 108
Updated tentative ruling as of 12/10/19. Movant filed declarations on 12/4/19 attesting that its loan was not paid through the refinancing escrow and the loan has matured. Debtor filed a declaration of his loan broker on 12/6/19 discussing the refinancing loan that did not go through and further efforts to obtain a refinancing loan for the subject property. As noted in a prior tentative ruling, past the maturity date, the limited case law on point favors movant's position that cause is shown for stay relief because the failure to pay off the loan by the maturity date is an uncurable default which cannot be cured by any Chapter 11 plan because any plan that does not pay off the loan by the maturity date is an impermissible modification of movant's lien rights contrary to 11 U.S.C. 1123(b)(5). In re Crump, 529 B.R. 106 (Bankr. D. S.C. 2015); In
re Sampson, 2018 WL 4786404 (Bankr. M.D. Fla. 2018); In re Clay, 204 B.R. 786 (Bankr. N.D. Ala. 1996); see also, Worthington v. General Motors Corp. (In re Claremont Acquisition Corp.), 113 F.3d 1029 (9th Cir. 1997). These cases note that the statutory exception in Chapter 13 cases to extend a due date of a maturing loan on the debtor's principal residence does not apply to Chapter 11 cases, indicating that Congress did not mean to provide for such exception for Chapter 11 plans. While there may be grounds to grant stay relief since debtor cannot propose any plan to modify the rights of the movant as a holder of a claim secured only by a security interest in real property that is debtor's principal residence, if debtor can propose a nonplan takeout strategy to be consummated within a reasonable period of time to realize the value of equity in the property for the benefit of the estate (such as obtaining refinancing loan approval by a different lender within a reasonable period of time, say, 60-90 days), the court would deny the motion without prejudice so that debtor could obtain loan approval from a different lender within a reasonable period of time. While the loan has matured, it appears that the parties contemplated that debtor may not pay the loan on the maturity date
1:00 PM
and the parties' loan agreement as reflected in the promissory note (Exhibit 2 to Motion) provides that the existing lender can be compensated for any actual damages from debtor's failure to pay the loan at maturity based on the liquidated damages provisions in the loan agreement. Payment of the loan and secured claim during the pendency of this Chapter 11 case would not per se run afoul of 11 U.S.C. 1123(b)(5).
Appearances are required on 12/10/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/11/19. Appearances are required on 11/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/8/19. Off calendar. Continued by stipulation and order to 11/14/19 at 11:30 a.m. No appearances are required on 11/12/19.
Prior tentative ruling as of 11/7/19. Having read the supplemental briefs filed by the parties, at this time, the court is inclined to agree with debtor that the motion is premature because he still has time to cure and pay off movant's lien to secure the loan on debtor's principal residence before it matures on 12/1/19 and would deny the motion without prejudice or continue with movant's consent the hearing to after the maturity date because debtor seeks to recover the equity in the property for the estate. (The court notes that debtor filed a motion for approval of postpetition financing to approve a new loan to take out the existing loans on the property on 11/7/19, which has been set for hearing on shortened notice on 11/14/19 at 11:30 a.m.) However, past the maturity date, the limited case law on point favors movant's position that cause is shown for stay relief because the failure to pay off the loan by the maturity date is an uncurable default which cannot be cured by any Chapter 11 plan because any plan that does not pay off the loan by the maturity date is an impermissible modification of movant's lien rights contrary to 11 U.S.C. 1123(b)(5). In re Crump, 529 B.R. 106 (Bankr. D. S.C. 2015); In re Sampson, 2018 WL 4786404 (Bankr. M.D. Fla. 2018); In re Clay, 204 B.R. 786 (Bankr.
N.D. Ala. 1996); see also, Worthington v. General Motors Corp. (In re Claremont Acquisition Corp.), 113 F.3d 1029 (9th Cir. 1997). These cases note that the statutory exception in Chapter 13 cases to extend a due date of
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a maturing loan on the debtor's principal residence does not apply to Chapter 11 cases, indicating that Congress did not mean to provide for such exception for Chapter 11 plans. Appearances are required on 11/12/19, but counsel may appear by telephone.
Prior tentative ruling. Deny stay relief motion for failure of creditor to meet its burden of proving lack of equity of debtor in collateral under 11 U.S.C. 362(g) (1). Creditor's moving papers on their face show that debtor has equity in the subject property and thus fail to demonstrate lack of equity under 11 U.S.C.
362(d)(2). Moreover, creditor's moving papers lack admissible evidence to demonstrate lack of equity to demonstate lack of adequate protection under 11 U.S.C. 362(d)(1) because its valuation evidence is not supported by a declaration under penalty of perjury by a qualified valuation expert witness who has conducted a proper valuation analysis based on scientifically accepted valuation principles (i.e., sales comparables analysis) and only consists of hearsay opinions of unknown persons based on unknown analysis. Furthermore, creditor's moving papers on their face fail to demonstate lack of adequate protection since they indicate a 28% equity cushion to adequately protect its lien interest in the subject property. In re Mellor, 734 F.2d 1396 (9th Cir. 1984). Finally, deny requests for extraordinary relief in paragraphs 8, 10 and 11 for lack of evidentiary and/or legal support.
In re Van Ness, 399 B.R. 897 (Bankr. E.D. Cal. 2009). Appearances are required on 7/30/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
David A Tilem
1:30 PM
Adv#: 2:19-01284 Avery v. Latimer, III
U.S.C. § 550; and (4) To Preserve Transfer for the Benefit of the Estate Pursuant to 11
U.S.C. § 551 fr. 11/5/19
Docket 1
Updated tentative ruling as of 12/9/19. No tentative ruling on the merits. The court will discuss the status of plaintiff filing an amended complaint now that he has filed a motion for substantive consolidation. Appearances are required on 12/10/19, but counsel may appear by telephone..
Prior tentative ruling. The court has reviewed the joint status report. In light of the court's order of 10/24/19 granting defendants' motion to dismiss with leave to amend on certain conditions, the court on its own motion continues the status conference to 12/10/19 at 1:30 p.m. The court waives the requirement of a written joint status report for the status conference on 12/10/19. No appearances are required on 11/5/19.
Debtor(s):
Ashley Latimer Represented By Lane K Bogard
Defendant(s):
Robert Whitney Latimer II Pro Se
Plaintiff(s):
Wesley H. Avery Represented By
1:30 PM
Trustee(s):
David M Goodrich
Wesley H Avery (TR) Represented By Ryan W Beall
David M Goodrich
1:30 PM
fr. 12/3/19
Docket 42
Updated tentative ruling as of 12/9/19. Based on the court's order for reargument of the motion, the court will hear further argument from the parties on the standing of the objecting party and the implications of substantive consolidation in these cases. Appearances are required on 12/10/19, but counsel may appear by telephone.
Prior tentative ruling. Overrule opposition of Robert Whitney Latimer, II, to trustee's motion for substantive consolidation on grounds that he lacks standing to object as despite his contention that he is a creditor, he has not filed any claim, nor is he listed as a creditor in either bankruptcy case on the petitions and schedules of debtors. Matter of Fondiller, 707 F.2d 441, 443 (9th Cir. 1983). His status as a defendant in an adversary proceeding is not enough to confer standing to object. Id.
Grant motion of trustee for substantive consolidation for the reasons stated in the moving and reply papers, specifically, on grounds that a majority of the debts in both cases are community debts for which debtors are jointly liable, indicating that debtors were treated as a single economic unit and did not rely upon their separate identity in extending credit and that their affairs were so entangled during their marriage that consolidation would benefit all creditors. In re Bonham, 229 F.3d 750, 766 (9th Cir. 2000).
Appearances are required on 12/3/19, but counsel may appear by telephone.
Debtor(s):
Ashley Latimer Represented By Lane K Bogard
1:30 PM
Trustee(s):
Wesley H Avery (TR) Represented By Ryan W Beall
David M Goodrich
1:30 PM
Adv#: 2:19-01332 Avery v. Leya Technologies, LLC et al
fr. 11/12/19, 12/3/19
Docket 10
Updated tentative ruling as of 12/9/19. Off calendar. The court is preparing a written order on the motion that it will issue shortly. No appearances are required on 12/10/19.
No tentative ruling as of 12/2/19. Appearances are required on 12/3/19, but counsel may appear by telephone.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
Defendant(s):
Leya Technologies, LLC Represented By Brian L Davidoff
Bahram Bordbar Represented By Brian L Davidoff
Malahat Bordbar Represented By Brian L Davidoff
Sara Bordbar Pro Se
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
1:30 PM
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay Lindsey L Smith Irving M Gross
1:30 PM
Adv#: 2:19-01332 Avery v. Leya Technologies, LLC et al
fr. 11/5/19, 12/3/19
Docket 1
Updated tentative ruling as of 12/9/19. Off calendar. The court is preparing a written order on the motion to dismiss and will continue the status conference to another date. No appearances are required on 12/10/19.
Prior tentative ruling as of 12/2/19. No tentative ruling on the merits. Appearances are required on 12/3/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed the joint status report, noting that pending motions of defendants to dismiss certain claims and motion of third parties to substitute or intervene were noticed for hearing on 11/12/19 at 2:30 p.m. and suggesting that the status conference be continued to that date or some date after. The court takes judicial notice that it had ordered that the hearing on the motion to dismiss as amended in light of the amended complaint was continued to 12/3/19 at 2:30 p.m. Accordingly, the court on its own motion continues the status conference to 12/3/19 at 2:30 p.m. to be conducted with the hearing on the motion to dismiss claims of the amended complaint now set for 12/3/19 at 2:30 p.m. because the ruling on the motion may have an impact on the status of the matter. No appearances are required on 11/5/19.
Debtor(s):
Prototype Engineering & Represented By Carol Chow
1:30 PM
Defendant(s):
Leya Technologies, LLC Pro Se
Bahram Bordbar Pro Se
Malahat Bordbar Pro Se
Sara Bordbar Pro Se
Plaintiff(s):
Wesley H Avery Represented By Carmela Pagay
Trustee(s):
Wesley H Avery (TR) Represented By Timothy J Yoo Carmela Pagay Lindsey L Smith Irving M Gross
2:00 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
(5) Punitive damages; and (6) Attorneys' fees and costs fr. 6/25/19, 10/1/19, 11/12/19
Docket 1
Updated tentative ruling as of 12/9/19. The court agrees with plaintiff that alleged facts #25-32 and alleged issue of law #72 in defendants' proposed pretrial stipulation are precluded by the ruling on the motion for partial summary adjudication and that the boxed facts in plaintiff's revised draft pretrial stipulation were established by the ruling on the motion for partial summary adjudication. No tentative ruling on alleged issues of law #70-71 in defendants' proposed pretrial stipulation, which appear to be included in plaintiff's revised draft pretrial stipulation as alleged disputed facts #34-35.
While the parties listed their exhibits, they did not list their objections to each other's exhibits as required by Local Bankruptcy Rule 7016-1. Does this mean that there are no objections to any of the exhibits being offered?
Appearances are required on 12/9/19 to discuss the proposed pretrial stipulations and scheduling of trial, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/8/19. No tentative ruling on the merits. Appearances are required on 11/12/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 9/30/19. No tentative ruling. Appearances are required on 10/1/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures
2:00 PM
posted online on the court's website.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/29/19 to discuss scheduling and possibility of mediation, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The status conference will be conducted with the hearings on the motions to dismiss and strike on the 2:30 p.m. calendar. Appearances are required at 2:30 p.m., not 1:30 p.m.
Prior tentative ruling as of 7/16/18. The court has reviewed plaintiff's unilateral status report. No tentative ruling on the merits. Appearances are required on 7/17/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed plaintiff's unilateral status report and continues the status conference on its own motion to 7/17/18 at 2:30 p.m., the date and time of the hearings on defendant Curtis's motion to dismiss and defendant Ammec's motion to set aside default. Plaintiff to give written notice of continuance of status conference. No appearances are required on 7/10/18.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz
Defendant(s):
Ammec, Inc. Pro Se
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:30 PM
Docket 116
Approve third interim fee application of general bankruptcy counsel for trustee for the reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 12/10/19, but counsel may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh Michael S Kogan
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
George E Schulman
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 11/19/19, 11/26/19
Docket 91
Updated tentative ruling as of 12/9/19. Off calendar. Continued to 12/17/19 at 11:00 a.m. based on agreed ex parte application to continue the hearing filed on 12/9/19. No appearances are required on 12/10/19.
Prior tentative ruling as of 11/25/19. Appearances are required on 7/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 10/8/19, 11/19/19, 11/26/19
Docket 1
Updated tentative ruling as of 12/9/19. No tentative ruling on the merits. Appearances are required on 12/10/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/25/19. No tentative ruling on the merits. Appearances are required on 11/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/7/19. No tentative ruling on the merits. Plaintiff to discuss the status of assignment of the judgment to Ms. Lollar or a motion for reconsideration on denial of plaintiff's motion for summary judgment or a renewed motion for summary judgment. The court intends to set a pretrial conference in about 90 days in January 2020 and then set the matter for trial at the pretrial conference. Appearances are required on 10/8/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/28/19. Counsel for plaintiff has informally advised the court by leaving a voicemail message that he is out of the country
2:30 PM
on vacation and requests a continuance of the status conference. Since this is not a proper request for a continuance, such request is denied. See Local Bankruptcy Rule 9013-1(m). Appearances are required on 5/29/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/22/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion for judgment on the pleadings. No appearances are required on 5/15/18.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
(1) proof of claim 1-1 filed by Peggy Murphy and (2) proof of claim 2-1 filed by Genevive Peterson
Docket 80
Off calendar. Continued to 12/18/19 at 1:30 p.m. on the court's own motion
by order entered on 12/6/19. No appearances are required on 12/10/19.
Debtor(s):
Peter Spennato DDS, Inc. Represented By David B Golubchik
Peter Spennato, Peter Spennato Represented By Todd M Arnold
David B Golubchik
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
2:30 PM
Docket 51
Not all creditors were served with notice of hearing on applications for compensation and reimbursement of expenses by professionals as required by FRBP 2002(a)(6) and LBR 2016-1(a)(2)(B), which were listed on the creditors' mailing matrix, but not on the service list: Bryan G. Castro, Edward La Tourette, Richard L. Mahfouz II and Toyota Industries Commercial Financing.
Otherwise, the court would approve the fee application for the reasons stated in the application and for lack of timely written objection. The court would continue the hearing so that the unserved creditors may be served with notice. Appearances are required on 12/9/19, but counsel may appear by telephone.
Debtor(s):
Precision AgriTechnologies LLC Represented By
Ashley M McDow
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
2:30 PM
Docket 54
Not all creditors were served with notice of hearing on applications for compensation and reimbursement of expenses by professionals as required by FRBP 2002(a)(6) and LBR 2016-1(a)(2)(B), which were listed on the creditors' mailing matrix, but not on the service list: Bryan G. Castro, Edward La Tourette, Richard L. Mahfouz II and Toyota Industries Commercial Financing.
Otherwise, the court would approve the fee application for the reasons stated in the application and for lack of timely written objection. The court would continue the hearing so that the unserved creditors may be served with notice. Appearances are required on 12/9/19, but counsel may appear by telephone.
Debtor(s):
Precision AgriTechnologies LLC Represented By
Ashley M McDow
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
2:30 PM
Application for fees and expenses [Brad D. Krasnoff, Chapter 7 Trustee]
Docket 31
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 12/9/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Hector Mendoza Pro Se
Trustee(s):
Brad D Krasnoff (TR) Pro Se
11:00 AM
Docket 1
Updated tentative ruling as of 12/10/19. Off calendar. Continued by
stipulation and order to 3/11/20 at 11:00 a.m. No appearances are required on 12/11/19.
Revised tentative ruling as of 10/1/19. Off calendar. Continued by stipulation and order to 12/11/19 at 11:00 a.m. No appearances are required on 10/2/19.
Prior tentative ruling as of 8/26/19. Off calendar. Continued by stipulation and order to 10/2/19 at 11:00 a.m. No appearances are required on 8/28/19.
Prior tentative ruling as of 7/15/19. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/2/19. Off calendar. Continued by stipulation and order to 7/17/19 at 11:00 a.m. No appearances are required on 7/3/19.
Prior tentative ruling as of 4/30/19. Appearances are required to discuss scheduling of further proceedings, including Phase 2 of the trial.
Appearances are required on 5/1/19, but counsel may appear by telephone.
Debtor(s):
Dale Alfred Williams Represented By James E Till Mike D Neue
11:00 AM
Movant(s):
William N. Lobel Rika Kido
Leonard M Shulman
Dale Alfred Williams Represented By James E Till Mike D Neue William N. Lobel Rika Kido
Leonard M Shulman
11:00 AM
Docket 1
Updated tentative ruling as of 12/9/19. Appearances are required on 12/11/19 to discuss status of pending state court litigation regarding estate's negligence claims against its former real estate broker, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Dowent Family LLC Represented By Todd C. Ringstad
Movant(s):
Dowent Family LLC Represented By Todd C. Ringstad
11:00 AM
Docket 650
Revised tentative ruling as of 12/10/19. Because this matter may require more hearing time than other matters on the 11:00 a.m. calendar and there are many matters on the 11:00 a.m. calendar, the court will put this matter on second call and will call it no earlier than 11:30 a.m. Counsel need not appear until 11:30 a.m. Appearances are required on 12/11/19, but counsel may appear by telephone.
Debtor(s):
Sarkis Investments Company, LLC Represented By
Ashley M McDow Michael T Delaney Fahim Farivar Shane J Moses
11:00 AM
Docket 1
Updated tentative ruling as of 12/9/19. No tentative ruling on the merits. Appearances are required on 12/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/13/19. No tentative ruling on the merits. Appearances are required on 8/14/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/11/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/13/19, but counsel may appear by telephone.
Prior tentative ruling as of 11/9/18. No tentative ruling on the merits. Appearances are required on 11/13/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. No tentative ruling on the merits. Appearances are required on 10/16/18, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 10/3/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/25/18. No tentative ruling will be issued for the evidentiary hearing on plan confirmation. Appearances are required on 5/31/18.
No updated tentative ruling as of 4/23/18. Appearances are required on
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4/25/18, but counsel may appear by telephone.
No updated tentative ruling as of 4/5/18. Appearances are required on 4/9/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/30/18. Appearances are required on 4/2/18, but counsel may appear by telephone.
No updated tentative ruling as of 3/19/18. Appearances are required on 3/21/18, but counsel may appear by telephone.
Prior tentative ruling as of 2/26/18. No tentative ruling on the merits. Appearances are required on 2/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 1/8/18. No tentative ruling on the merits. Appearances are required on 1/9/18, but counsel may appear by telephone.
Prior tentative ruling as of 12/11/17. No tentative ruling on the merits. Appearances are required on 12/14/17, but counsel may appear by telephone.
Prior tentative ruling as of 11/28/17. No tentative ruling on the merits. Appearances are required on 11/29/17, but counsel may appear by telephone.
Prior tentative ruling. Based on the stipulation and order entered on 10/26/17, the evidentiary hearing on plan confirmation set for 11/2/17 and 11/3/17 will be treated as a non-evidentiary status conference on 11/2/17 at 9:00 a.m. Appearances are required on 11/2/17, but counsel may appear by telephone.
Debtor(s):
Swing House Rehearsal and Represented By Kurt Ramlo
11:00 AM
Docket 332
The court has reviewed debtor's postconfirmation status report. No tentative ruling on the merits. Appearances are required on 12/11/19, but counsel may appear by telephone.
Debtor(s):
Plain Leasing, Inc. Represented By Joon M Khang
11:00 AM
Docket 1
Updated tentative ruling as of 12/9/19. Off calendar. Continued by stipulation
and order to 1/15/20 at 11:00 a.m. No appearances are required on 12/11/19.
Prior tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/26/19, but counsel may appear by telephone.
Debtor(s):
Shapphire Resources, LLC Represented By Raymond H. Aver
11:00 AM
fr. 8/21/19, 8/28/19, 10/16/19
Docket 180
Updated tentative ruling as of 12/9/19. No tentative ruling on the merits. Appearances are required on 12/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/19. No tentative ruling on the merits. Appearances are required on 10/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. the court has reviewed the unilateral status report filed by creditor Emma Borges. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. The court has reviewed creditor's unilateral status report regarding mediation. No tentative ruling on the merits. Appearances are required on 5/15/19 for the evidentiary hearing.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19 for the evidentiary hearing.
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Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19 to discuss scheduling of further proceedings, including pretrial conference and trial, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. No tentative ruling on the merits. Appearances are required on 1/9/19, but counsel may appear by telephone.
Prior tentative ruling as of 12/17/18. No tentative ruling on the merits. Appearances are required on 12/19/18.
Prior tentative ruling as of 12/17/18. No tentative ruling will be issued for the evidentiary hearing on creditor's motion to convert case to Chapter 7.
Appearances are required on 12/19/18.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/19/18 at 1:30 p.m. No appearances are required on 12/5/18.
Prior tentative ruling. Overrule evidentiary objections of debtor to Polis declaration. The court is inclined to order debtor to file a written outline of how this case will reorganize with an estimated timetable by 11/21/18 and set a further and separate hearing on the motion on 11/28/18 at 10:00 a.m. to discuss the status of debtor's reorganization efforts. Debtor's opposition really did not show much in the way of the presence of a reasonable likelihood of reorganization to persuade the court to deny the motion at the hearing on 11/14/18, which is somewhat disconcerting, given the age of this case, now approaching its one year anniversary on 11/30/18. The court thinks debtor must make some showing of a reasonable likelihood of a confirmable plan within a reasonable period of time, or otherwise it might be convinced to grant the motion. Appearances are required on 11/14/18, but counsel may appear by telephone.
11:00 AM
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
Docket 255
Updated tentative ruling as of 12/9/19. No tentative ruling on the merits. Appearances are required on 12/11/19.
Prior tentative ruling as of 10/15/19. No tentative ruling on the merits. Since there was no notice of motion with the amended disclosure statement and plan filed and served by debtor on 9/9/19, debtor needs to address whether the amended disclosure statement has been properly served for approval.
Appearances are require on 10/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/26/19. No tentative ruling on the merits. Appearances are required on 8/28/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 6/10/19. No tentative ruling on the merits. The court is inclined to allow the parties to participate in mediation before the settlement judge before ruling on the amended disclosure statement.
Appearances are required on 6/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/20/19. No tentative ruling on the merits. Appearances are required on 3/21/19, but counsel may appear by telephone.
11:00 AM
Prior tentative ruling as of 3/4/19. No tentative ruling on the merits. Appearances are required on 3/6/19, but counsel may appear by telephone.
Prior tentative ruling. Disapprove proposed disclosure statement for lack of sufficient information because it lacks sufficient detailed information on how the plan is feasible, including historical financial information. Just attaching copies of monthly operating reports to the disclosure statement is insufficient. The disclosure statement needs to describe the means on how the plan is going to be funded to demonstrate feasibility to creditors. Appearances are required on 2/20/19, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
Docket 1
Updated tentative ruling as of 12/9/19. No tentative ruling on the merits. Appearances are required on 12/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/19. No tentative ruling on the merits. Appearances are required on 10/16/19, but counsel may appear by telephone.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
11:00 AM
fr. 11/20/19
Docket 100
Revised tentative ruling as of 12/10/19. In inital tentative ruling, the court stated that it would approve interim fee application of general bankruptcy counsel for debtor-in-possession subject to the terms and conditions of the stipulation between applicant and debtor filed on 12/4/19, but condition the allowance of distribution of the impound amount to a judgment in the adversary proceeding becoming final, which it is not since the judgment based on the motion for partial summary adjudication is not final until all claims in the adversary proceeding have been resolved and a final judgment is entered pursuant to Federal Rule of Civil Procedure 54(b). However, on 12/9/19, creditor Acon Development filed a unilateral status report for the status conference also on 12/11/19, now stating its opposition to the fee application. Appearances are required on 11/20/19, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures.
Prior tentative ruling on interim fee application of general bankruptcy counsel for debtor-in-possession in light of objection of client representative, Michelle McArn. Appearances are required on 11/20/19, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
11:00 AM
Docket 1
Revised tentative ruling as of 12/01/19. The court has reviewed debtor's status report, and creditor Acon Development's unilateral status report stating that it intended to file a motion to dismiss. No tentative ruling on the merits.
Appearances are required on 12/11/19 to discuss the status of debtor's reorganization efforts and filing of disclosure statement and plan, but counsel may appear by telephone.
Debtor(s):
People Who Care Youth Center, Inc. Pro Se
11:00 AM
Docket 77
Updated tentative ruling as of 12/9/19. The moving papers are deficient because the document filed as the ballot summary is not a ballot summary to establish the voting on the plan for the court to do its plan confirmation analysis. Appearances are required on 12/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/19. No tentative ruling on the merits. Since there was no notice of motion with the amended disclosure statement and plan filed and served by debtor on 9/18/19, debtor needs to address whether the amended disclosure statement has been properly served for approval.
Appearances are require on 10/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 9/3/19. The court has reviewed debtor's status report regarding the disclosure statement. No tentative ruling on the merits. Appearances are required on 9/4/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. The court has reviewed debtor's status report regarding the disclosure statement. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/13/19. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling. Deny approval of debtor's disclosure statement as not containing adequate information for the reasons stated in the objections of creditors because the disclosure statement does not provide sufficient information regarding feasibility or address the issue of modification of the secured creditor's claims and rights. The disclosure statement does not show how the payment of the arrearages on the effective date is feasible based on
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debtor's available cash on hand stated in the disclosure statement. Debtor must provide a detailed statement of income and expenses for each property as directed by the income and expense statements attached to the disclosure statement, which she has not done, and she should provide historical data and projections for these properties. If the secured creditors' claims and rights are modified, then the claims are impaired, and the secured creditors have a right to vote. The denial of approval of the disclosure statement is with leave to amend. Appearances are required on 3/27/19, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
Updated tentative ruling as of 12/9/19. No tentative ruling on the merits. Appearances are required on 12/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/19. No tentative ruling on the merits. Appearances are required on 10/16/19, but counsel may appear by telephone.
Prior tentative ruling as of 9/3/19. The court has reviewed debtor's status report regarding the disclosure statement. No tentative ruling on the merits. Appearances are required on 9/4/19, but counsel may appear by telephone.
Prior tentative ruling as of 7/15/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 7/17/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/25/19. No tentative ruling on the merits. Appearances are required on 3/27/19, but counsel may appear by telephone.
Prior tentative ruling as of 3/4/19. Off calendar. The court has debtor's status report advising that she has filed a motion to approve disclosure statement noticed for hearing on 3/27/19 at 11:00 a.m. The court on its own motion continues the status conference to 3/27/19 at 11:00 a.m. to be conducted with that hearing. No appearances are required on 3/6/19.
Prior tentative ruling as of 12/3/18. Off calendar. In recognition of President
11:00 AM
Trump's announcement of a National Day of Mourning for former President George H.W. Bush on Wednesday December 5, 2018, the court is continuing the hearings on Judge Kwan's hearing calendar that day in observance of the National Day of Mourning for former President Bush. The hearing on this matter is continued on the court's own motion to 12/12/18 at 11:00 a.m. No appearances are required on 12/5/18.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
Prior tentative ruling as of 8/27/18. The court has reviewed debtor's status report filed on 8/15/18. No tentative ruling on the merits. Appearances are required on 8/29/18, but counsel may appear by telephone.
Prior tentative ruling as of 5/11/18. The court has reviewed debtor's status report filed on 5/9/18. No tentative ruling on the merits. Appearances are required on 5/16/18, but counsel may appear by telephone.
Updated tentative ruling as of 3/5/18. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 3/7/18, but counsel may appear by telephone.
Debtor(s):
Nina Mosby Represented By
Julie J Villalobos
11:00 AM
Docket 1
Off calendar. Continued by stipulation and order to 2/19/20 at 11:00 a.m. No
appearances are required on 12/11/19.
Debtor(s):
Catherine Trinh Represented By Alan W Forsley
11:00 AM
Docket 205
Updated tentative ruling as of 12/9/19. No tentative ruling on the merits. Appearances are required on 12/11/19 to discuss the status of related state court litigation, but counsel may appear by telephone.
Prior tentative ruling as of 10/1/19. No tentative ruling on the merits. Appearances are required on 10/2/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. Appearances are required on 8/21/19, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
fr. 5/8/19, 8/21/19, 10/2/19
Docket 103
Updated tentative ruling as of 12/9/19. No tentative ruling on the merits. Appearances are required on 12/11/19 to discuss the status of related state court litigation, but counsel may appear by telephone.
Prior tentative ruling as of 9/30/19. No tentative ruling on the merits. Appearances are required on 10/2/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/6/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 5/8/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Updated tentative ruling as of 11/26/18. Although not cited in their papers, the parties should be prepared to discuss the factors setting forth the standard in this circuit for permissive abstention in In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1167 (9th Cir. 1990). See also, In re Szanto, 2016 WL
3256989 (9th Cir. BAP 2016); In re Roger, 2015 WL 7566647 (C.D. Cal.
2015). It seems to the court that the court should permissively abstain and stay the proceedings long enough to allow the state courts to determine on the merits creditor's claims pending in the state court actions which raise substantively noncore, state law claims, for the reasons stated in the court's rulings on creditor's remand motions. It would be helpful for the parties to report on the status of the proceedings in the state court actions because the papers are not informative about that. Appearances are required on
11:00 AM
11/28/18.
Revised tentative ruling as of 11/13/18. Off calendar. Continued by stipulation and order to 11/28/18 at 11:00 a.m. No appearances are required on 11/14/18.
Prior tentative ruling as of 11/5/18. Off calendar. Continued on the court's own motion to 11/14/18 at 11:00 a.m. No appearances are required on 11/7/18.
Prior tentative ruling. Continued on the court's own motion by written order to 11/7/18 at 10:00 a.m. No appearances are required on 10/24/18.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Docket 1
Updated tentative ruling as of 12/9/19. No tentative ruling on the merits. Appearances are required on 12/11/19 to discuss the status of related state court litigation, but counsel may appear by telephone.
Prior tentative ruling as of 9/30/19. No tentative ruling on the merits. Appearances are required on 10/2/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Revised tentative ruling as of 5/6/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 5/8/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. The court has reviewed debtors' status report. No tentative ruling on the merits. Appearances are required on 10/17/18, but counsel may appear by telephone.
Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. The proposed claims bar date of 5/15/18 will not be approved since this court generally requires at least 60 days notice to creditors of a claims bar date. The estimated administrative expenses in this case stated in the status report for $250,000 to $350,000 seem high, especially since debtors' budget motion and income and expense statements showing net income of about $1,700 per
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month do not show that debtors have the ability to afford such expenses. There should be some explanation why the large amount of professional fee expenses estimated in the status report are needed in this case, and how debtors will be able to pay for these expenses (i.e., are they selling their real property to raise funds to pay for these fees). Appearances are required on 4/11/18, but counsel may appear by telephone.
Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
11:00 AM
Adv#: 2:18-01144 Shadsirat v. Zargar et al
(4) for declaratory relief requesting adjudication of pending state court lawsuits fr. 5/8/19, 8/21/19, 10/2/19
Docket 1
Updated tentative ruling as of 12/9/19. No tentative ruling on the merits. Appearances are required on 12/11/19 to discuss the status of related state court litigation, but counsel may appear by telephone.
Prior tentative ruling as of 9/30/19. No tentative ruling on the merits. Appearances are required on 10/2/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/19/19. No tentative ruling on the merits. Appearances are required on 8/21/19, but counsel may appear by telephone.
Revised tentative ruling as of 5/6/19. Off calendar. Continued by stipulation and order to 8/21/19 at 11:00 a.m. No appearances are required on 5/8/19.
Prior tentative ruling as of 1/28/19. No tentative ruling on the merits. Appearances are required on 1/30/19, but counsel may appear by telephone.
Prior tentative ruling as of 1/7/19. Off calendar. By order entered on 12/7/18, the status conference has been reset for 1/30/19 at 1:30 p.m. No appearances are required on 1/8/19.
Prior tentative ruling as of 7/16/18. Appearances are required on 7/17/18, but counsel may appear by telephone.
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Debtor(s):
Shahriar Joseph Zargar Represented By Ashley M McDow
Defendant(s):
Shahriar Joseph Zargar Pro Se
Shabnam Mesachi Pro Se
Joint Debtor(s):
Shabnam Mesachi Represented By Ashley M McDow
Plaintiff(s):
Behrouz Shadsirat Represented By Rosendo Gonzalez
11:00 AM
Docket 53
Off calendar. Final decree entered. No appearances are necessary.
Debtor(s):
Edgar Eduardo Esparza Represented By Giovanni Orantes Luis A Solorzano
11:00 AM
Docket 1
Updated tentative ruling as of 12/9/19. No tentative ruling on the merits. Appearances are required on 12/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 9/9/19. No tentative ruling on the merits. Appearances are required on 9/11/19, but counsel may appear by telephone.
Prior tentative ruling as of 5/14/19. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 5/15/19, but counsel may appear by telephone.
Prior tentative ruling as of 4/1/19. No tentative ruling on the merits. Appearances are required on 4/3/19, but counsel may appear by telephone.
Prior tentative ruling. The court has reviewed debtor's status report. No tentative ruling on the merits. Appearances are required on 2/27/19, but counsel may appear by telephone.
Debtor(s):
David Lee Represented By
Renee E Sanders
11:00 AM
fr. 11/12/19, 12/4/19
Docket 217
Updated tentative ruling as of 12/9/19. Approve interim fee application of general bankruptcy counsel for debtors in possession for the reasons stated in the fee application and for lack of timely written objection. Appearances are optional on 12/11/19, but counsel may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Prior tentative ruling. Although the court has reviewed the interim fee application of general bankruptcy counsel for debtors in possession and has no substantive objections to the application and the court notes that there are no timely written objections to the application, service is deficient because not all creditors on the creditors mailing matrix were served as required by FRBP 2002(a)(6) since the request is for compensation or expenses exceeding
$1,000: Creditors Francis Ginsberg, Louis Jacobs and Naomi Jacobs 1990 Revocable Inter Vivos Trust dated April 16, 1990. Even though applicant served all of the parties specifically listed in LBR 2016-1(a)(2)(B), this rule also has a cross-reference to FRBP 2002 and requires service on any other party in interest entitled to notice under that rule. FRBP 2002(a)(6) and 9013 require notice on all creditors of a hearing on any entity's request for compensation or reimbursement of expenses if the request exceeds $1,000, which it does here. Also, the client signature on the declaration of nonopposition pursuant to LBR 2016-1(a)(1)(J) and (K) has not been filed as represented in the application. Since the cash on hand in the estate is only
$83,488.11, debtors and applicant need to state how payment will be made if the court approves the application. Also, applicant should understand that any payment may be subject to disgorgement from a decision on the pending motion to disqualify applicant as estate counsel, which is now set for hearing on 1/29/20. Appearances are required on 11/12/19, but counsel may appear by telephone.
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Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
11:30 AM
Docket 62
Updated tentative ruling as of 12/10/19. Off calendar. The court on its own motion continues the status conference to 1/15/20 at 11:00 a.m. to be conducted with the continued hearing on creditor Law Offices of David A. Tilem's motion to convert. The deadline for a motion to substitute the probate estate of debtor for debtor under FRCP 25(a) is 1/7/19, and at the hearing on the motion to convert on 12/4/19, counsel for the probate estate represented that the probate estate will be filing motion to substitute shortly. No appearances are required on 12/11/19.
Prior tentative ruling as of 10/21/19. Off calendar. Continued on the court's own motion to 12/11/19 at 11:30 a.m. in light of the suggestion of debtor's death on the record by notice filed on 10/9/19 and the anticipated motion of the proposed probate estate of debtor to substitute itself for debtor to be filed within 90 days of the suggestion of death as provided by FRCP 25(a)(1). No appearances are required on 10/23/19.
Prior tentative ruling as of 8/26/19. Appearances are required on 8/28/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/26/18. No tentative ruling on the merits. Appearances are required on 11/28/18, but counsel may appear by telephone.
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Prior tentative ruling as of 7/9/18. No tentative ruling on the merits. Appearances are required on 7/11/18, but counsel may appear by telephone.
Prior tentative ruling as of 4/23/18. No tentative ruling on the merits. Appearances are required on 4/25/18, but counsel may appear by telephone.
Prior tentative ruling. The disclosure statement does not contain adequate information. Regarding treatment of secured claims, the text in the plan refers to Article II, but no Article II is attached. Exhibit C to the plan refers to certain notes for each claim, but these notes do not adequately spell out the treatment of the primary secured claim to Wells Fargo Bank, the senior secured lender for the loan on debtor's residence. The disclosure statement should have a more detailed description of how this claim will be treated under the plan. The plan itself is not much better. It is hard to tell what is being proposed for treatment of the claim. The disclosure statement and plan will have to be revised for sake of clarity. If this is a cramdown situation, it does not appear that a 40 year payout is fair and equitable for this creditor, and debtor should probably consider taking out this creditor when the loan matures under the existing terms. Appearances are required on 3/21/18, but counsel may appear by telephone.
Debtor(s):
Peter G. Kudrave Represented By David A Tilem
1:30 PM
fr. 6/11/19, 9/3/19, 9/20/19
Docket 52
Updated tentative ruling as of 12/10/19. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 12/11/19.
Prior tentative ruling as of 6/10/19. Treat as a contested matter under Federal Rule of Bankruptcy Procedure 9014 and set an evidentiary hearing and trial on the objection to Claim 9-1 of Ruben Saidian. The court does not expect that the trial would be long, perhaps 1-2 hours, and the court expects one of the parties to subpoena the debtor to testify as a trial witness.
Alternatively, the parties may bring cross-motions for summary judgment. Appearances are required on 6/11/19 to discuss scheduling of pretrial proceedings and trial, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling. Grant trustee's motions objecting to Claim 7-1 of Bijan Navidbakhsh, Claim 9-1 of Ruben Saidian and Claim 10-1 of Farshid Shohed for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 4/30/19, but counsel may appear by telephone.
Debtor(s):
Sion Javaheri Represented By
Edmond Nassirzadeh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel
1:30 PM
Sonia Singh George E Schulman
2:30 PM
fr. 4/30/19
Docket 51
Updated tentative ruling as of 12/10/19. No tentative ruling will be issued for the evidentiary hearing. Appearances are required on 12/11/19.
Prior tentative ruling as of 8/30/19. Set the remaining contested matter(s) for a pretrial conference since discovery is now closed. Appearances are required on 9/3/19, but counsel may appear by telephone.
Prior tentative ruling. Treat trustee's motion objecting to Claim 4-1 of American Express National Bank, as resolved since trustee has withdrawn his motion objecting to that claim. .
Treat trustee's motions objecting to Claim 2-1 of Amanollah Nayson and Claim 5-1 of Shaun Toub as contested matters under FRBP 9014 and schedule pretrial proceedings, including discovery and pretrial conference. Parties should meet and confer regarding pretrial schedule. While the court is inclined to sustain trustee's objections to the declaration of Shaun Toub, the court will allow the declarant to amend his declaration to lay a foundation of personal knowledge.
Grant trustee's motions objecting to Claim 8-1 of 515 South Figueroa Street and Claim 10-1 of LVNV Funding, LLC, etc., for the reasons stated in the moving papers and for lack of timely written opposition.
Appearances are required on 4/30/19, but counsel may appear by telephone.
Debtor(s):
Sion Javaheri Represented By
2:30 PM
Trustee(s):
Edmond Nassirzadeh
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
George E Schulman
2:30 PM
Docket 250
No tentative ruling will be issued on the matter heard on emergency notice. Appearances are required on 12/17/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
10:30 AM
(Wilmington Savings Fund Society, FSB dba Christiana Trust VS Debtor)
Docket 10
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (4) to pursue non-bankruptcy remedies and for in rem relief for the reasons stated in the moving papers and for lack of timely written opposition. Deny the request for extraordinary relief in paragraph 3 since the debtor is not the borrower under the relevant loan agreements. The 14-day waiting period under FRBP 4001(a)(3) is waived.
The court does not make a finding of bad faith as to debtor. See In re Dorsey, 476 B.R. 261 (Bankr. C.D. Cal. 2012).
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU. Movant may submit on the tentative ruling without an appearance at the hearing, in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and in hard copy available in the courtroom.
Debtor(s):
Monica Moore Represented By Peter M Lively
Trustee(s):
Howard M Ehrenberg (TR) Pro Se
10:30 AM
Docket 11
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Lataminque Raquel Austin Pro Se
Trustee(s):
John P Pringle (TR) Pro Se
10:30 AM
Docket 7
Grant movant relief from stay pursuant to 11 U.S.C. 362(d)(1) and (2) to pursue non-bankruptcy remedies for the reasons stated in the moving papers and for lack of timely written opposition. The 14-day waiting period under FRBP 4001(a)(3) is waived.
Movant must lodge a proposed order within 7 days. All registered CM/ECF users must lodge an order using the court's mandatory form order on LOU.
Movant may submit on the tentative ruling without an appearance at the hearing in accordance with Judge Kwan's tentative ruling procedures posted online on the court's website and available in hard copy in the courtroom. If movant does not appear, the court will assume that movant submits on the tentative ruling, which the court will adopt unless another party appears, which may result in setting a continued hearing.
Debtor(s):
Maria A. Tolentino Represented By Steven B Lever
Trustee(s):
Elissa Miller (TR) Pro Se
11:00 AM
fr. 11/19/19
Docket 69
Updated tentative ruling as of 12/16/19. Off calendar. Motion withdrawn by notice filed on 12/4/19. No appearances are necessary.
Prior tentative ruling. Because this matter may require extended argument, the matter will be placed on second call, and will not be called before 2:45
p.m. so that the court can hear the shorter matters on calendar.
Having reviewed the moving, opposing and reply papers, the court has the following comments on the motion: (1) since the proposed assignment of claims is deemed to be a sale under 11 U.S.C. 363(b) under the agreement between the trustee and the purchasing creditors, there is a procedural deficiency in that there was no Notice of Sale of Estate Property submitted with the motion when it was filed as required by LBR 6004-1(f) (although practically speaking, the only parties probably interested in purchasing the assets are the appearing parties); (2) the proposed sale under 11 U.S.C.
363(b) as a reasonable exercise of the trustee's business judgment is also problematic because there is no legal authority cited to support the proposed that purchasing creditors may credit bid up to $300,000 on their general unsecured claims in any overbidding in a public auction of the assets to be sold since the only authority cited by the parties to allow creditbidding is 11
U.S.C. 363(k) relates to allowed secured claims; (3) now that there are pending filed objections to the claims of purchasing creditors, they do not have allowed claims at this time within the meaning of 11 U.S.C. 502(a) to allow creditbidding of any kind (the court takes no position at this time whether the objecting parties are proper parties in interest in this case, In re P.R.T.C., Inc., 177 F.3d 774, 777-779 (9th Cir. 1999), citing Fondiller v. Robertson (In Matter of Fondiller), 707 F.2d 441-443 (9th Cir. 1983); (4) it appears that the motion under 11 U.S.C. 363(b) could be granted if these
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issues are remedied, including submission of the notice of sale of estate property and a sale upon a public auction based on overbidding without creditbidding, and it appears that the objecting parties would have no objection to a sale based on these conditions; (5) to the extent that the trustee seeks approval of an assignment of the claims to the creditors without a sale under 11 U.S.C. 363(b), that assignment can only be authorized by the court if (A) the creditors are pursuing interests common to all creditors; and
(B) allowing the creditors to exercise the trustee's powers to pursue litigation claims for the estate will benefit the remaining creditors, In re P.R.T.C., Inc., 177 F.3d at 782-783; and (6) the moving papers violate FRBP 9037 because the trustee failed to redact personal identifying information relating to certain individuals (i.e., the excerpts from Rule 2004 exam of Peter Spennato DDS, Inc.), and trustee must take remedial action to remedy this violation. The court is inclined to deny the motion without prejudice and/or allow the trustee to amend the motion to address and remedy the concerns identified in this tentative ruling.
Appearances are required on 11/19/19, but counsel may appear by telephone.
Debtor(s):
Peter Spennato DDS, Inc. Represented By David B Golubchik
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr Christian T Kim
11:00 AM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 11/19/19, 11/26/19, 12/10/19
Docket 91
Updated tentative ruling as of 12/16/19. No tentative ruling on the merits. Appearances are required on 12/17/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 12/9/19. Off calendar. Continued to 12/17/19 at 11:00 a.m. based on agreed ex parte application to continue the hearing filed on 12/9/19. No appearances are required on 12/10/19.
Prior tentative ruling as of 11/25/19. Appearances are required on 7/30/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
11:00 AM
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Adv#: 2:18-01066 Khionidi v. Cummins-Cobb
fr. 11/19/19, 11/26/19, 12/10/19
Docket 1
Updated tentative ruling as of 12/16/19. No tentative ruling on the merits. Appearances are required on 12/17/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 12/9/19. No tentative ruling on the merits. Appearances are required on 12/10/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 11/25/19. No tentative ruling on the merits. Appearances are required on 11/26/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 10/7/19. No tentative ruling on the merits. Plaintiff to discuss the status of assignment of the judgment to Ms. Lollar or a motion for reconsideration on denial of plaintiff's motion for summary judgment or a renewed motion for summary judgment. The court intends to set a pretrial conference in about 90 days in January 2020 and then set the matter for trial at the pretrial conference. Appearances are required on 10/8/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 7/29/19. No tentative ruling on the merits. Appearances are required on 7/30/19, but counsel and self-represented
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parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/28/19. Counsel for plaintiff has informally advised the court by leaving a voicemail message that he is out of the country on vacation and requests a continuance of the status conference. Since this is not a proper request for a continuance, such request is denied. See Local Bankruptcy Rule 9013-1(m). Appearances are required on 5/29/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 3/25/19. Appearances are required on 3/27/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/21/18. No tentative ruling on the merits. Appearances are required on 5/22/18, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 5/7/18. Off calendar. Continued by prior order to 5/22/18 at 2:30 p.m. to be conducted with hearing on plaintiff's motion for judgment on the pleadings. No appearances are required on 5/15/18.
Debtor(s):
Mary Katherine Cummins-Cobb Pro Se
Defendant(s):
Mary Katherine Cummins-Cobb Pro Se
Plaintiff(s):
Konstantin Khionidi Represented By Philip H Stillman
11:00 AM
Trustee(s):
Peter J Mastan (TR) Pro Se
1:30 PM
Adv#: 2:19-01208 Philadelphia Indemnity Insurance Company v. Advance Specialty Care, LLC
Docket 1
Off calendar. Continued by stipulation and order to 2/18/20 at 1:30 p.m. No appearances are required on 12/17/19.
Debtor(s):
Advance Specialty Care, LLC Represented By Raymond H. Aver
Defendant(s):
Advance Specialty Care, LLC Pro Se
Plaintiff(s):
Philadelphia Indemnity Insurance Represented By
Lane K Bogard
Lisa Darling-Alderton
1:30 PM
Adv#: 2:18-01434 Ehrenberg v. Hatfield
Declaratory relief
fr. 5/28/19, 8/27/19, 10/22/19
Docket 1
Updated tentative ruling as of 12/16/19. Off calendar. The court has reviewed plaintiff's unilateral status report stating that consummation of the parties' settlement is pending and requesting a 60 day continuance of the status conference. The court on its own motion continues the status conference to 2/18/20 at 1:30 p.m. No appearances are required on 12/17/19.
Prior tentative ruling as of 10/21/19. No tentative ruling on the merits. Appearances are required on 10/22/19, but counsel may appear by telephone.
Prior tentative ruling as of 8/26/19. The court has reviewed the joint pretrial stipulation and it appears to be in proper form to be approved, though the court notes that no objections have been interposed to any of the listed exhibits. The court thus presumes that there are no objections to the exhibits and all exhibits are to be received into evidence. However, if there are objections to any of the exhibits, the joint pretrial statement will need to be amended. Appearances are required on 8/27/19 to discuss scheduling of trial.
Prior tentative ruling as of 5/24/19. The court has reviewed the joint status report. Set a pretrial conference for 8/13/19 at 2:00 p.m. and a joint pretrial stipulation must be filed by 8/6/19. Appearances are required on 5/28/19 to
1:30 PM
discuss scheduling and the status of mediation, but counsel may appear by telephone.
Prior tentative ruling. Set a discovery cutoff date of 4/30/19 and a further postdiscovery status conference for 5/28/19 at 1:30 p.m. with a joint status report due on 5/7/19. Order the matter to mediation, the parties are to file a request for selection of mediator and alternate mediator by 3/12/19 and complete mediation by 5/28/19. Appearances are required on 2/12/19, but counsel may appear by telephone. Plaintiff to submit a proposed scheduing order within 7 days of hearing.
Debtor(s):
Denise Ann Hatfield Represented By Michael E Clark
Defendant(s):
Thomas Carson Hatfield Pro Se
Plaintiff(s):
Howard M. Ehrenberg Represented By Steven Werth
Trustee(s):
Howard M Ehrenberg (TR) Represented By Steven Werth
1:30 PM
Adv#: 2:18-01209 Voong v. Trinh
Docket 1
Updated tentative ruling as of 12/16/19: Off calendar. Continued by stipulation and order to 6/3/20 at 11:00 a.m. No appearances are required on 12/17/19.
Revised tentative ruling as of 6/11/19. Off calendar. Continued by stipulation and order to 8/20/19 at 1:30 p.m. No appearances are required on 6/12/19.
.
Prior tentative ruling as of 4/8/18. No tentative ruling on the merits. Appearances are required on 4/9/18, but counsel may appear by telephone.
Prior revised tentative ruling as of 11/6/18. Off calendar. Continued by stipulation and order to 3/5/19 at 1:30 p.m. No appearances are required on 11/6/18.
Prior tentative ruling as of 11/5/18. The court has reviewed the joint status report. The court tends to agree with plaintiff and defendant Trinh that a determination of whether the estate has an interest in the subject property first would be a more efficient use of litigation resources as that seems to be a straightforward issue. Deciding this issue is a threshold issue for Second Generation’s fraudulent transfer claims, and the parties would not have to litigate these claims if the assets were plaintiff’s separate property.
Appearances are required on 11/6/18, but counsel may appear by telephone.
Debtor(s):
Catherine Trinh Represented By
1:30 PM
Alan W Forsley
Defendant(s):
Catherine Trinh Pro Se
Plaintiff(s):
Kevin Voong Represented By
Dawn M Coulson
1:30 PM
Docket 82
Updated tentative ruling as of 12/16/19. Off calendar. Continued by stipulation and order to 2/18/20 at 1:30 p.m. No appearances are required on 12/17/19.
Revised tentative ruling as of 10/1/19. Off calendar. Continued by stipulation and order to 12/17/19 at 1:30 p.m. No appearances are required on 10/1/19.
Debtor(s):
Seven-Bros Enterprises, Inc. Represented By Robert S Marticello Gregory M Salvato
Trustee(s):
Rosendo Gonzalez Pro Se
1:30 PM
fr. 2/26/19, 3/26/19, 10/1/19
Docket 36
Updated tentative ruling as of 12/16/19. Off calendar. Continued by stipulation and order to 2/18/20 at 1:30 p.m. No appearances are required on 12/17/19.
Revised tentative ruling as of 10/1/19. Off calendar. Continued by stipulation and order to 12/17/19 at 1:30 p.m. No appearances are required on 10/1/19.
Debtor(s):
Seven-Bros Enterprises, Inc. Represented By Robert S Marticello Gregory M Salvato
Trustee(s):
Rosendo Gonzalez Pro Se
1:30 PM
Adv#: 2:19-01216 Katz et al v. American Express Company, a New York Corporation e
(2) Recovery of Preferential Transfers; (3) Avoidance of Post-Petition Transfers;
(4) Recovery of Post-Petition Transfers; (5) Preservation of Avoided Transfers; and
(6) Disallowance of Claims fr. 9/17/19, 10/15/19
Docket 1
Off calendar. Continued by stipulation and order to 2/18/20 at 1:30 p.m. No appearances are required on 12/17/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Defendant(s):
American Express Company, a New Pro Se American Express Pro Se
American Express Travel Related Pro Se American Express National Bank, a Pro Se
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
1:30 PM
Plaintiff(s):
Robert David Katz Represented By Victor A Sahn
Roslyn Soudry Katz Represented By Victor A Sahn
1:30 PM
Adv#: 2:19-01217 Katz et al v. Bank of America Corporation, a Delaware corporatio
(2) Recovery of Preferential Transfers; (3) Preservation of Avoided Transfers; and
Disallowance of Claims fr. 9/17/19, 10/16/19
Docket 1
Off calendar. Continued by stipulation and order to 2/18/20 at 1:30 p.m. No appearances are required on 12/17/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Defendant(s):
Bank of America Corporation, a Pro Se
BANK OF AMERICA Pro Se
Bank of America, N.A., a National Pro Se
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Plaintiff(s):
Robert David Katz Represented By
1:30 PM
Victor A Sahn
Roslyn Soudry Katz Represented By Victor A Sahn
1:30 PM
Adv#: 2:19-01443 Brad D. Krasnoff, Chapter 7 Trustee v. De Lage Landen, Financial Services,
Docket 1
Revised tentative ruling as of 12/17/19. Off calendar. The court has reviewed plaintiff's unilateral status report stating that entry of default has been entered against defendant and he is filing a motion for default judgment to be heard within the next 30 to 45 days. The court on its own motion continues the status conference to 2/18/19 at 1:30 p.m. No appearances are required on 12/17/19.
Debtor(s):
Precision AgriTechnologies LLC Represented By
Ashley M McDow
Defendant(s):
De Lage Landen, Financial Services, Pro Se
Plaintiff(s):
Brad D. Krasnoff, Chapter 7 Trustee Represented By
Sonia Singh
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
1:30 PM
Adv#: 2:19-01481 Alliance United Insurance Company v. Krasnoff Ch 7 Trustee
Docket 1
The court has reviewed the joint status report. No tentative ruling on the merits. Appearances are required on 12/17/19.
Debtor(s):
Serapio Venegas Pro Se
Defendant(s):
Brad D Krasnoff Ch 7 Trustee Pro Se
Plaintiff(s):
Alliance United Insurance Company Represented By
Robert J Pfister
Trustee(s):
Brad D Krasnoff (TR) Represented By Eric P Israel Sonia Singh
1:30 PM
Adv#: 2:19-01291 Avery (TR) v. Dominguez
fr. 11/5/19, 11/19/19
Docket 1
Off calendar. Continued by stipulation and order to 2/18/20 at 1:30 p.m. No appearances are required on 12/17/19.
Debtor(s):
Christopher A. Castanon Represented By Steven B Lever
Defendant(s):
Nayeli Dominguez Pro Se
Plaintiff(s):
Wesley H. Avery (TR) Represented By Laila Masud Chad V Haes
Trustee(s):
Wesley H Avery (TR) Represented By
D Edward Hays Chad V Haes Laila Masud
2:00 PM
fr. 4/25/19, 6/25/19, 11/19/19
Docket 118
Updated tentative ruling as of 12/16/19. Off calendar. Continued by stipulation and order to 2/18/20 at 2:00 p.m. No appearances are required on 12/17/19.
Prior tentative ruling as of 12/16/19. Off calendar. Continued by stipulation and order to 2/18/20 at 2:00 p.m. No appearances are required on 12/17/19.
Updated tentative ruling as of 6/24/19. No tentative ruling on the merits. Appearances are required on 6/25/19, but counsel may appear by telephone.
Prior tentative ruling as of 10/15/18. Off calendar. Continued by stipulation and order to 2/5/19 at 2:00 p.m. No appearances are required on 10/16/18.
Prior tentative ruling as of 4/9/18. No tentative ruling on the merits. Appearances are required on 4/10/18, but counsel may appear by telephone.
Prior tentative ruling. Continued by stipulation and order to 2/7/18 at 2:00
p.m. No appearances are required on 2/24/18.
Debtor(s):
Ayers Bath (U.S.A.), Co.,Ltd. Represented By Jeffrey S Renzi Ryan S Fife
2:00 PM
Trustee(s):
Alfred H Siegel (TR) Represented By Anthony A Friedman
2:00 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Punitive damages; and (6) Attorneys' fees and costs fr. 10/1/19, 11/12/19, 12/10/19
Docket 1
Updated tentative ruling as of 12/16/19. No tentative ruling on the merits. Appearances are required on 12/17/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Prior tentative ruling as of 12/9/19. The court agrees with plaintiff that alleged facts #25-32 and alleged issue of law #72 in defendants' proposed pretrial stipulation are precluded by the ruling on the motion for partial summary adjudication and that the boxed facts in plaintiff's revised draft pretrial stipulation were established by the ruling on the motion for partial summary adjudication. No tentative ruling on alleged issues of law #70-71 in defendants' proposed pretrial stipulation, which appear to be included in plaintiff's revised draft pretrial stipulation as alleged disputed facts #34-35.
While the parties listed their exhibits, they did not list their objections to each other's exhibits as required by Local Bankruptcy Rule 7016-1. Does this mean that there are no objections to any of the exhibits being offered?
Appearances are required on 12/9/19 to discuss the proposed pretrial stipulations and scheduling of trial, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz
2:00 PM
Defendant(s):
Ammec, Inc. Pro Se
Greta Curtis Pro Se
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:30 PM
Application for fees and expenses [Jason M. Rund, Chapter 7 Trustee]
Docket 195
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 12/17/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H McGuire Irwin M Wittlin
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
2:30 PM
[Brutzkus Gubner Rozansky Seror Weber LLP, Attorney for Chapter 7 Trustee]
Docket 188
Approve final fee application of attorneys for trustee for reasons stated in the application and for lack of timely written objection. Appearances are required on 12/17/19 to discuss the form of order on the application, but trustee and applicant may and should appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H McGuire Irwin M Wittlin
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
2:30 PM
[Hahn, Fife & Company LLP, Accountant for Chapter 7 Trustee]
Docket 190
Approve final fee application of accountant for trustee for reasons stated in the application and for lack of timely written objection. Appearances are optional on 12/17/19, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Amergence Technology Inc Represented By Ron Bender Mark H McGuire Irwin M Wittlin
Trustee(s):
Jason M Rund (TR) Represented By Steven T Gubner Corey R Weber Michael W Davis
2:30 PM
Adv#: 2:19-01483 Gonzalez v. Wesley H. Avery, as the Chapter 7 trustee for the
Docket 6
Off calendar. Continued to 12/18/19 at 11:00 a.m. by prior order. No
appearances are required on 12/17/19.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Wesley H. Avery, as the Chapter 7 Represented By
Brett B Curlee
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
2:30 PM
Application for fees and expenses [Wesley H. Avery, Chapter 7 Trustee]
Docket 69
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 12/17/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Marvin Abel Sican Roca Represented By Daniel King
Joint Debtor(s):
Angelica Maria Rodriguez Represented By Daniel King
Trustee(s):
Wesley H Avery (TR) Represented By Zi Chao Lin
2:30 PM
Docket 58
The fee application is deficient because detailed billing entries for the fees requested that satisifies the requirements of LBR 2016-1(a)(1)(E) and ( c)(2) are not provided in the application. Applicant will need to supplement the application with the billing entries so the court can evaluate the reasonableness of the fees pursuant to 11 U.S.C. 330. Appearances are required on 12/17/19, but counsel may appear by telephone.
Debtor(s):
Marvin Abel Sican Roca Represented By Daniel King
Joint Debtor(s):
Angelica Maria Rodriguez Represented By Daniel King
Trustee(s):
Wesley H Avery (TR) Represented By Zi Chao Lin
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 67
Approve final fee application of accountant for trustee for reasons stated in the application and for lack of timely written objection. Appearances are optional on 12/17/19, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Marvin Abel Sican Roca Represented By Daniel King
Joint Debtor(s):
Angelica Maria Rodriguez Represented By Daniel King
Trustee(s):
Wesley H Avery (TR) Represented By Zi Chao Lin
2:30 PM
Adv#: 2:18-01139 People Who Care Youth Center, Inc. v. Ammec, Inc. et al
Docket 146
Revised tentative ruling as of 12/17/19. The motion is premature because the order granting plaintiff's motion for partial summary adjudication is not a final judgment within the meaning of Federal Rule of Bankruptcy Procedure 7054 and Federal Rule of Civil Procedure 54(b). Civil Rule 54(b) provides that any order or other decision, however designated, that adjudicates fewer than all the claims or the rights of the parties does not end the action as to any of the claims or parties and may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties' rights and liabilities.
Thus, the time limit of Local Bankruptcy Rule 7054-1(g) has not yet started since no judgment or other final order has been entered. The court understand that defendant Curtis may bring a motion for reconsideration of the order granting the motion for partial summary adjudication. The court will defer a hearing on the motion until there is a final judgment entered in this adversary proceeding. Appearances are required on 12/17/19, but counsel and self-represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
Defendant(s):
Ammec, Inc. Represented By
John Barriage
Greta Curtis Pro Se
2:30 PM
Plaintiff(s):
People Who Care Youth Center, Inc. Represented By
John-Patrick M Fritz David B Golubchik
2:30 PM
Application for fees and expenses [Peter J. Mastan, Chapter 7 Trustee]
Docket 56
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 12/17/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Gerardo A Lomeli Represented By Michael D Luppi
Joint Debtor(s):
Rosa Lomeli Represented By
Michael D Luppi
Trustee(s):
Peter J Mastan (TR) Pro Se
2:30 PM
Adv#: 2:18-01432 Swift Financial, LLC v. Gonzalez
Docket 18
Grant plaintiff's motion for sanctions for failure of defendant to comply with the court's discovery order for the reasons stated in the moving papers and for lack of timely written opposition. Appearances are required on 12/17/19 to discuss the form of order on the motion and to discuss further proceedings, but counsel may appear by telephone.
Debtor(s):
Don Gonzalez Pro Se
Defendant(s):
Don Gonzalez Pro Se
Plaintiff(s):
Swift Financial, LLC Represented By Daren M Schlecter
Trustee(s):
Wesley H Avery (TR) Pro Se
2:30 PM
Application for fees and expenses [Jason M. Rund, Chapter 7 Trustee]
Docket 32
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 12/17/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
Irma Isabel Mendoza Pro Se
Trustee(s):
Jason M Rund (TR) Pro Se
2:30 PM
Application for fees and expenses [John J. Menchaca, Chapter 7 Trustee]
Docket 74
Approve final report and fee application of trustee for reasons stated in the final report and for lack of timely written objection. Appearances are optional on 12/17/19, but trustee and counsel may appear by telephone. Trustee to submit a proposed order within 7 days of hearing.
Debtor(s):
BARAKA HOLDINGS, LLC Represented By
Edmond Richard McGuire Douglas A Crowder
Trustee(s):
John J Menchaca (TR) Represented By Robert P Goe
2:30 PM
[Goe & Forsythe, LLP, Attorney for Chapter 7 Trustee]
Docket 71
Approve final fee application of attorneys for trustee for reasons stated in the application and for lack of timely written objection. Appearances are optional on 12/17/19, but trustee and counsel may appear by telephone. Trustee or counsel to submit a proposed order within 7 days of hearing.
Debtor(s):
BARAKA HOLDINGS, LLC Represented By
Edmond Richard McGuire Douglas A Crowder
Trustee(s):
John J Menchaca (TR) Represented By Robert P Goe
2:30 PM
[Menchaca & Company LLP, Accountant for Chapter 7 Trustee]
Docket 70
Approve final fee application of accountant for trustee for reasons stated in the application and for lack of timely written objection. Appearances are optional on 12/17/19, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
BARAKA HOLDINGS, LLC Represented By
Edmond Richard McGuire Douglas A Crowder
Trustee(s):
John J Menchaca (TR) Represented By Robert P Goe
2:30 PM
[CBIZ Valuation Group, LLC, Financial Consultant for Chapter 7 Trustee]
Docket 69
Approve final fee application of financial consultant for trustee for reasons stated in the application and for lack of timely written objection. Appearances are optional on 12/17/19, but trustee and applicant may appear by telephone. Trustee or applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
BARAKA HOLDINGS, LLC Represented By
Edmond Richard McGuire Douglas A Crowder
Trustee(s):
John J Menchaca (TR) Represented By Robert P Goe
2:30 PM
Docket 25
Off calendar. The motion is moot because the case was converted to Chapter 13 by order entered on 12/3/19. No appearances are required on 12/17/19.
Debtor(s):
Michelle Louise Johns Pro Se
Trustee(s):
Peter J Mastan (TR) Pro Se
11:00 AM
Docket 387
Approve final fee application of attorneys for official committee of unsecured creditors for reasons stated in the application and for lack of timely written objection. Appearances are required on 12/18/19 to discuss the form of order on the application, but applicant may and should appear by telephone.
Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith Riley C Walter
11:00 AM
Docket 392
Approve final fee application of special employment and labor law counsel for debtor in possession for reasons stated in the application and for lack of timely written objection. Appearances are optional on 12/18/19, but applicant may appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith Riley C Walter
11:00 AM
Docket 393
Approve final fee application of attorneys for debtor in possession for reasons stated in the application and for lack of timely written objection. Appearances are required on 12/18/19 to discuss the form of order on the application, but applicant may and should appear by telephone. Applicant to submit a proposed order within 7 days of hearing.
Debtor(s):
Zacky & Sons Poultry, LLC Represented By Ron Bender Juliet Y Oh Todd M Arnold Lindsey L Smith Riley C Walter
11:00 AM
Adv#: 2:19-01483 Gonzalez v. Wesley H. Avery, as the Chapter 7 trustee for the
Docket 6
Deny in part and grant in part defendant's motion to dismiss the complaint and adversary proceeding. Deny motion to dismiss for lack of jurisdiction under Federal Rule of Civil Procedure 12(b)(1) because the claims in the complaint do not seek to alter or amend the judgment on appeal. Grant motion to dismiss for failure to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6) as follows: (1) issue preclusion bars plaintiff from bringing the first cause of action that trustee breached his fiduciary duty because the same issue of whether the trustee breached his fiduciary duty was decided in favor of trustee when the court decided that debtor was equitably estopped from claiming a homestead exemption; (2) issue preclusion bars plaintiff from bringing the second cause of action that trustee breached his fiduciary duty in selling the residence because the same issue of whether the trustee breached his fiduciary duty was decided in favor of trustee when the court decided that debtor was equitably estopped from claiming a homestead exemption; (3) plaintiff fails to state a claim upon which relief can be granted by alleging that trustee unnecessarily adjudicated plaintiff as a bankruptcy because there was no such adjudication since plaintiff became a debtor when he filed his voluntary petition for relief under Chapter 7 of the Bankruptcy Code, 11 U.S.C. 301; (4) claim preclusion bars plaintiff from bringing the third cause of action that trustee unnecessarily revoked plaintiff's because the same claim of whether plaintiff's discharge should be revoked was decided in favor of trustee when the court entered judgment revoking plaintiff's discharge. Pursuant to Federal Rule of Evidence
11:00 AM
201, the court takes judicial notice of decisions in trustee's favor determining that he did not breach any fiduciary duty and that plaintiff's discharge should be revoked. Appearances are required on 12/18/19, but counsel and self- represented parties may appear by telephone in accordance with the court's telephone appearance procedures posted online on the court's website.
Debtor(s):
Arturo Gonzalez Pro Se
Defendant(s):
Wesley H. Avery, as the Chapter 7 Represented By
Brett B Curlee
Plaintiff(s):
Arturo Gonzalez Pro Se
Trustee(s):
Wesley H Avery (TR) Represented By Brett B Curlee
Dennis E McGoldrick
1:30 PM
(1) proof of claim 1-1 filed by Peggy Murphy and (2) proof of claim 2-1 filed by Genevive Peterson
fr. 12/10/19
Docket 80
Treat as a contested matter under FRBP 9014. It is unclear whether the parties agree there are or are not disputed issues of material fact. If the parties agree that there are no disputed issue of material fact, then this contested matter may be tried on stipulated facts or determined upon cross- motions for summary judgment. The parties are apparently requesting that the court make factual findings and conclusions of law on the objections to claims, and there should be proposed findings and conclusions of law from the parties for the court to consider so that there is a record for any appellate court reviewing a final order in this contested matter. If there are disputed issues of material fact, the case should be prepared for trial, or the court should permissively abstain and grant stay relief so that the lawsuit to liquidate the claims may proceed in state court. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-1168 (9th Cir. 1990). Appearances are required on 12/18/19.
Debtor(s):
Peter Spennato DDS, Inc. Represented By David B Golubchik
Peter Spennato, Peter Spennato Represented By Todd M Arnold
David B Golubchik
Trustee(s):
Carolyn A Dye (TR) Represented By James A Dumas Jr
1:30 PM
Christian T Kim
11:00 AM
fr. 12/16/19
Docket 250
Updated tentative ruling as of 12/26/19. No tentative ruling on the merits. Appearances are required on 12/30/19, but counsel may appear by telephone.
Prior tentative ruling. No tentative ruling will be issued on the matter heard on emergency notice. Appearances are required on 12/17/19.
Debtor(s):
Robert David Katz Represented By Victor A Sahn Steven Werth Cathy Ta
Joint Debtor(s):
Roslyn Soudry Katz Represented By Victor A Sahn Steven Werth Cathy Ta