11:00 AM

9:15-12199


Aimee Nozzi


Chapter 11


#1.00 Hearing (evidentiary)

RE: [414] Motion for Setting Property Value for 966 Ruby Avenue, Ventura, California; Declarations of Aimee Nozzi and Kevin Masterson


FR. 11/5/2019


Docket 414

Tentative Ruling:

Party Information

Debtor(s):

Aimee Nozzi Represented By

Stella A Havkin

Movant(s):

Aimee Nozzi Represented By

Stella A Havkin

11:00 AM

9:15-12199


Aimee Nozzi


Chapter 11


#2.00 CONT'D Amended Disclosure Statement Third Amended; Declarations of Aimee Nozzi and Stella Havkin Filed by Debtor Aimee Nozzi (RE: related document(s)199 Disclosure Statement Second Amended; Declarations of Aimee Nozzi and Stella Havkin Filed by Debtor Aimee Nozzi. (Attachments: # 1 Index part 2 # 2 Index part 3 # 3 Index PART 4)). (Havkin, Stella)


FR. 11-5-19


Docket 416


Tentative Ruling:

11/5/19 tentative ruling:

Deny approval. This is a sloppy document with many errors and omissions. Please have some dates in mind for filing an amended plan and disclosure statement, as well as resolution of the valuation issue and the dispute over separate classification of the Nifong claim.

Party Information

Debtor(s):

Aimee Nozzi Represented By

Stella A Havkin

11:00 AM

1:19-11924


01 BH Partnership


Chapter 11


#0.10 Hearing RE: [29] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1001 North Beverly Glenn Blvd, Los Angeles, CA 90077 .

fr. 11-20-19


Docket 29

*** VACATED *** REASON: Rescheduled by the court to 1/8/2020 at 11AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:00 AM

1:19-11924


01 BH Partnership


Chapter 11


#0.20 Hearing RE: [42] Motion for approval of chapter 11 disclosure statement


Docket 42

*** VACATED *** REASON: Rescheduled by the court to 1/8/2020 at 11AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:00 AM

1:19-11924


01 BH Partnership


Chapter 11


#0.30 CONT'D. Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual. fr.9-10-19, 11-6-19, 11-20-19


Docket 1

*** VACATED *** REASON: Rescheduled by the court to 1/8/2020 at 11AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

9:19-11230


Steven Howard Wexler


Chapter 7


#1.00 Hearing

RE: [22] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3533 Sweet Clover St, Thousand Oaks, CA 91362 . (Lee, Nancy)


FR. 1-8-20


Docket 22


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


As to Debtors:

DENY as moot; discharge was entered on 11/4/19.


As to Estate:

GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).

11:30 AM

CONT...


Debtor(s):


Steven Howard Wexler

Party Information


Chapter 7

Steven Howard Wexler Represented By David S Hagen

Movant(s):

Cenlar FSB as servicer for Morgan Represented By

Nancy L Lee

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11569


Jorge Juico Valle and Lourdes Alejandria Valle


Chapter 7


#2.00 HearingRE: [15] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 4529 N Canyonlands Rd, Moorpark, CA 93021 .


Docket 15


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


As to Debtors:

DENY as moot; discharge was entered on 12/30/19.


As to Estate:

GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).


Party Information

11:30 AM

CONT...

Debtor(s):


Jorge Juico Valle and Lourdes Alejandria Valle


Chapter 7

Jorge Juico Valle Represented By Shawn S White

Joint Debtor(s):

Lourdes Alejandria Valle Represented By Shawn S White

Movant(s):

BAYVIEW LOAN SERVICING, Represented By

Edward G Schloss

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-11973


Sachith Kaveendra De Vaas


Chapter 7


#3.00 HearingRE: [11] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Dodge Charger, VIN: 2C3CDXHG8GH169799 . (Wang, Jennifer)


Docket 11


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Sachith Kaveendra De Vaas Pro Se

Movant(s):

Santander Consumer USA Inc. dba Represented By

Jennifer H Wang

11:30 AM

CONT...

Trustee(s):


Sachith Kaveendra De Vaas


Chapter 7

Sandra McBeth (TR) Pro Se

11:30 AM

9:18-11352


Off The Grid, LLC and Centrally Grown Holdings, LLC


Chapter 7


#4.00 HearingRE: [308] Motion to Disallow Claims 6 and 10 (Off the Grid); Claim 5 (Centrally Grown Holdings); and 2 (Red Mountain Farms); and Notice of Objection to Claims; Declaration in Support (Gasteier, Philip)


Docket 308


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. The motion objecting to claim Nos. 6 and 10 (Off the Grid); 5 (Centrally Grown Holdings); and 2 (Red Mountain Farms) was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j) (3). NO APPEARANCE IS NECESSARY.


GRANT all requested relief. The claims are disallowed. Movant to submit order within seven days.

Party Information

Debtor(s):

Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney

Joint Debtor(s):

Centrally Grown Holdings, LLC Represented By

11:30 AM

CONT...


Off The Grid, LLC and Centrally Grown Holdings, LLC

Lewis R Landau


Chapter 7

Red Mountain Farms, LLC Represented By Lewis R Landau

Movant(s):

Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo

Trustee(s):

Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo

11:30 AM

9:18-11352


Off The Grid, LLC and Centrally Grown Holdings, LLC


Chapter 7


#5.00 HearingRE: [310] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) ; Approve Overbid Procedures; and Grant Related Relief; Declarations in Support. (Gasteier, Philip)


Docket 310

Tentative Ruling:

The court has some concerns with this motion (the "Motion"). Notice.

Because the Motion seeks approval of overbid procedures, it should have complied with the requirements of LBR 6004-1(b) regarding establishing sale procedures. That rule requires that notice "must describe the proposed bidding procedures and include a copy of the proposed purchase agreement." The Notice filed and served by the Trustee does neither of these things. For parties interested in bidding, the Trustee merely instructs them to request a copy of the Motion from the Trustee. This does not satisfy LBR 6004-1. In addition, as discussed below, even the Motion does not adequately describe the proposed bidding procedures.

The Notice fails to attach the proposed purchase agreement required by LBR 6004-1(b) and also fails to adequately describe the terms of the proposed sale as is required for any sale motion by LBR 6004-1(c)(3). Among the required pieces of information missing from the notice are: (1) the address of the Buyers (LBR 6004-1(c)(3)(B)); (2) terms and conditions of the proposed sale – the notice served by the Trustee has only the price and refers to the agreements with the Buyers without attaching them (LBR 6004-1(c)(3)(D)); (3) description of the liens/claims/interests as to which the Noel Property will be sold free and clear (LBR 6004-1(c)(3)(E)); (4) consideration to be received by the estate, including estimated commissions, fees, and other costs of sale (LBR 6004-1(c)(3)(G)); (5) the identity of and commission to be paid to the Broker (LBR 6004-1(c)(3)(H)); and (6) a description of estimated or possible tax consequences to the estate (LBR 6004-1(c)(3)(I)).

11:30 AM

CONT...

Off The Grid, LLC and Centrally Grown Holdings, LLC

Chapter 7

The Trustee included information regarding the bidding procedures in the Notice of Sale (Docket No. 314), but this document is different than the notices of hearing subject to the requirements of LBR 6004-1(b) and (c). The Notice of Sale was also filed late. Per LBR 6004-1(f), it was required to be submitted to the clerk at the time of filing, but it was filed a day after the Motion was filed.


The description of the overbid procedures does not set forth the minimum overbid following the initial overbid requirement of $1,255,000. This information is included only in an exhibit to the Motion (Exhibit C).


Motion.


The Motion itself gives little information to allow the court to determine that the proposed sale is fair and reasonable.


The Motion asserts that the original listing price for the Noel Property was

$2.3 million. The Trustee offers no evidence in support of his conclusion that a sale at $1,250,000 is fair and reasonable. The only "evidence" is a vague attempt to justify the substantial decrease in price by asserting that the condition of the property "proved to be an issue," but there is no explanation of what the condition is or why it was an issue justifying such a substantial decrease in value. Were there condition issues unknown at the time the property was listed? Several months before filing the Motion, the Trustee believed the Property had a value almost twice what he now proposes to sell it for.


Moreover, the Trustee’s description of his negotiations with the proposed Buyers is confusing. The Motion states in the factual background that the Trustee received "formal offers from five interested parties" (Motion, 4:16-17), but then, in the section about the price being fair and reasonable, the Motion states that the property "failed to attract offers at higher prices" (Motion

11:12-13). Higher than what? The Motion states that an offer was received from the Buyers but that contingencies weren’t met. Why did the Trustee not then consider one of the other offers?


In addition, the documents attached to the Motion are inconsistent with the

11:30 AM

CONT...


Off The Grid, LLC and Centrally Grown Holdings, LLC


Chapter 7

story told by the Motion. The Motion asserts that, after contingencies weren’t met as to their original offer, the Buyers made "a new offer at a substantially lower price," and the Trustee "countered at a significantly higher amount." The California Residential Purchase Agreement attached to the Motion (Exhibit B) reflects an offer at $1,250,000 and a counteroffer in the exact same amount. Where is the "significantly higher" price counteroffer, and why did the Trustee ultimately back off of that counteroffer?


As to a sale free and clear of liens, claims, or interests, the Motion asserts that the Property is subject only to property tax liens but fails to identify those liens or the relevant amounts (as is required in the notice by LBR 6004-1(c)). The Motion just refers parties to a preliminary title report attached as an exhibit (Exhibit D). The title report indicates that the property has been tax defaulted with a redemption amount of $112,363.16 due before 1/31/20. It also indicates that the first installment of 2019-20 taxes was due 11/1/19 in the amount of $14,082.03 (second installment is due 2/1/20). The Motion asserts that all amounts for tax liens/obligations will be paid through escrow, although it does not attach an estimated closing statement.



Party Information

Debtor(s):

Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney

Joint Debtor(s):

Centrally Grown Holdings, LLC Represented By

Lewis R Landau

Red Mountain Farms, LLC Represented By Lewis R Landau

Movant(s):

Jerry Namba (TR) Represented By

11:30 AM

CONT...


Trustee(s):


Off The Grid, LLC and Centrally Grown Holdings, LLC

Philip A Gasteier Timothy J Yoo


Chapter 7

Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo

11:30 AM

9:18-10237


Firooz Payan


Chapter 7


#6.00 HearingRE: [363] Application for Compensation First Interim Application for Compensation and Reimbursement of Expenses for Griffith & Thornburgh, LLP, Trustee's Attorney, Period: 4/18/2018 to 10/7/2019, Fee: $159,888.25, Expenses:

$9,455.31. (Sholder, Joseph)


Docket 363

Tentative Ruling:


The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs

2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.

Note to counsel: please be sure that all entries in future applications comply with LBR 2016-1(a)(1)(E)(iii) and avoid lumping services in entries (see in particular entries in the litigation category on pages 36-52 of Exhibit 3 to the application).


Party Information

Debtor(s):

Firooz Payan Pro Se

11:30 AM

CONT...

Movant(s):


Firooz Payan


Chapter 7

Griffith & Thornburgh, LLP Represented By Joseph M Sholder

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres

11:30 AM

9:19-10876


ROSA EDITH SANCHEZ


Chapter 7


#7.00 Notice of motion/application re: Stipulation to Dismiss Case Filed by U.S. Trustee United States Trustee (ND). (Fittipaldi, Brian)


Docket 26


Tentative Ruling:

Discharge was entered on 12/16/19.

Party Information

Debtor(s):

ROSA EDITH SANCHEZ Represented By Emmanuel F Fobi

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:19-11311


Esperanza Maria Gonzales


Chapter 7


#8.00 Show Cause Hearing RE Failure to Pay Filing Fee Installment


Docket 7

*** VACATED *** REASON: Installment payment was made on 12/23/19.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Esperanza Maria Gonzales Pro Se

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11


#9.00 HearingRE: [488] Motion to approve compromise Motion to: (1) Approve Compromise Under FRBP 9019; and (2) Approve Sale of Assets of the Estate Pursuant to 11 U.S.C. § 363, Including Approving Overbid Procedures; Memorandum of Points and Authorities; and Declarations of Shad Schafer and Sandra K. Mcbeth, with Proof of Service, in addition to Motion For Sale of Property of the Estate under Section 363(b) - No Fee


Docket 488


Tentative Ruling:

The court will handle this matter at the end of today's calendar.

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Movant(s):

The Official Committee of Represented By Richard A Marshack Chad V Haes

Judith E Marshack

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant

11:30 AM

9:17-11618


Selfridge Partners, LLC


Chapter 11


#10.00 Hearing

RE: [156] Application for Compensation - First and Final Application by Resnik Hayes Moradi LLP, Former General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period September 7, 2017 Through April 30, 2019; Declaration of Matthew D. Resnik in Support Thereof, with Proof of Service for Matthew D. Resnik, Debtor's Attorney, Period: 9/7/2017 to 4/30/2019, Fee: $96,786.50, Expenses: $1,913.34.


FR. 12-5-19


Docket 156

*** VACATED *** REASON: Continued to March 3, 2020 at 11:30 a.m.

Tentative Ruling:

12/5 Tentative Ruling:

The opposition to the application raises some serious issues, and the court notes that the duplicate entries acknowledged by counsel -- along with the lack of a plan or settled claims during counsel's tenure in this case -- would require a reduction of fees even setting aside the allegations made in the opposition. The $2,500 reduction offered by counsel is a start.


Party Information

Debtor(s):

Selfridge Partners, LLC Represented By William E. Winfield

Movant(s):

Selfridge Partners, LLC Represented By William E. Winfield

11:30 AM

9:19-10846


Advanced Media Networks, LLC


Chapter 11


#11.00 HearingRE: [46] Application for Compensation Application for Payment of First Interim Fees and Expenses (11 U.S.C. Section 331) with Memo of P&A's, Declaration of Peter

T. Steinberg, and Declaration of Richard Agostinelli; with Exhibits A, B, C, D, E, F, and G; and Proof of Service for Peter T Steinberg, Debtor's Attorney, Period: 5/6/2019 to 10/31/2019, Fee: $24570.00, Expenses: $2268.76.


Docket 46

Tentative Ruling:


The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs

2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Advanced Media Networks, LLC Represented By

Peter T Steinberg

11:30 AM

CONT...

Movant(s):


Advanced Media Networks, LLC


Chapter 11

Advanced Media Networks, LLC Represented By

Peter T Steinberg

11:30 AM

9:19-10846


Advanced Media Networks, LLC


Chapter 11


#12.00 HearingRE: [53] Application for Compensation Application for Payment of First Interim Fees and Expenses (11 U.S.C. Section 331) with Statement In Support of First Interim Application for Attorney's Fees and Reimbursement of Costs of Meister Seelig & Fein, LLP; with Exhibits A and B, and Proof of Service for Meister Seelig & Fein LLP, Special Counsel, Period: 5/6/2019 to 11/30/2019, Fee: $30854.00, Expenses: $17.40.


Docket 53

Tentative Ruling:


This fee application has several deficiencies.

First, LBR 2016-1(a)(1)(J) requires that the applicant separately file a declaration from the client that states the client has reviewed the application and has no objection to it. Here, there is no declaration attached or otherwise separately filed that indicates the Debtor has reviewed the fee application and has no objection to it. Furthermore, there is no declaration from the Applicant that states the Applicant attempted to obtain the required declaration but was unsuccessful.

Second, LBR 2016-1(a)(1)(K) requires a statement from the applicant that the applicant reviewed LBR 2016-1 and that the application complies with the rule. Here, there is no statement or declaration from the Applicant, and nowhere in the fee application is LBR 2016-1 even mentioned.

Third, even setting aside the first two deficiencies, the full amount of fees requested cannot be granted. In reviewing Exhibit B of the fee application, the invoice for the month of May 2019 is missing. The first invoice included is for July 2019, showing the first detailed billing entry as "7/03/19." See Fee App. at 14, Exhibit B. Additionally, the attached invoice summaries show that before July 2019, there was a previous balance of "$6,707.35." Id. at 13. However, there is no detailed billing for this $6,707.35 that accrued before July 2019. The court could not approve the $6,707.35 in requested fees based on this application.

The fee application requests fees between 5/6/19 to 9/30/19, but the Applicant’s employment effective date is 5/13/19, as stated in the order

11:30 AM

CONT...


Advanced Media Networks, LLC


Chapter 11

granting the employment application. Employ Order at 2, Docket No. 39.

Fourth, there is a lot of information missing that is required for interim fee applications under LBR 2016-1, including no case narrative (LBR

2016-1(a)(1)(A)(i)), lack of detail for billing entries (LBR 2016-1(a)(1)(E)(ii)), and as stated above, there is a lack of detail for time spent (LBR 2016-1(a)(1) (E)(iii)).

Lastly, while the court understands that patent litigation is specialized and requires analysis of complex issues, it is difficult for the court to analyze the total time billed for the task at hand to determine whether it is reasonable and necessary under the bankruptcy code because little information is given. The only detail the application provides is that the Applicant represented the Debtor in an appeal of an adverse patent ruling before the Federal Circuit Court of Appeals. The Applicant then spent at least 79.6 hours preparing and drafting an appeal brief, which is a substantial amount of the total 90.4 hours billed. These 80 hours may be reasonable and necessary fees, but the lack of detail regarding the nature and issues on appeal make it difficult for the court to analyze under the required standards of § 330.


Deny without prejudice so that the Applicant can file a new interim application addressing the issues outlined.

Party Information

Debtor(s):

Advanced Media Networks, LLC Represented By

Peter T Steinberg

Movant(s):

Meister Seelig & Fein LLP Pro Se

11:30 AM

9:18-10894


Ronald Frances Palmer and Lola Marie Palmer


Chapter 11


#13.00 ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE


FR. 1-8-20


Docket 143


Tentative Ruling:

The response to the court's OSC raises a number of questions.


Why has nothing been filed despite counsel being in possession of a signed plan and disclosure statement for almost a month? And why is there no cause provided as to why the initial deadline was not met? Even if the debtors do file a plan, is it going to be confirmable? The response states that on 12/13/19, Mrs. Palmer gave additional (other than the plan and disclosure statement) signed documents to counsel that she believed counsel may need. What are these additional documents? Does the new information make the prior plan obsolete?

Party Information

Debtor(s):

Ronald Frances Palmer Represented By John K Rounds

Joint Debtor(s):

Lola Marie Palmer Represented By John K Rounds

11:30 AM

9:19-11240


Caroline Marie De Laurell


Chapter 11


#14.00 CONT'D Disclosure Statement Filed by Debtor Caroline Marie De Laurell. (Jones, Michael)


FR. 10-10-19, 1-8-20


Docket 24


Tentative Ruling:

Why wasn't notice of the hearing on the amended disclosure statement provided to all creditors? See FRBP 2002(b).


The court has a number of concerns.


The Disclosure Statement refers to $5,000 in "new value," but the source of these funds is not discussed.


The Debtor’s attached 2017 and 2018 tax returns show gross income of approximately $112,000 and $113,000. The Disclosure Statement is based on income of over $132,000.


Class 4 treatment has changed between the original plan and disclosure statement to the new plan and disclosure statement. This is notable because no Class 4 creditors (other than Ford Motor Co.) were provided notice of the new disclosure statement hearing, as required by FRBP 2002(b).


While this may be a confirmation issue, the "Termination of Obligations in the Event of Unprocessed Payments" provision in the plan is so broad that it could arguably relieve the Debtor from almost any obligation, couldn't it?


Party Information

Debtor(s):

Caroline Marie De Laurell Represented By

11:30 AM

CONT...


Caroline Marie De Laurell


Michael Jones Sara Tidd


Chapter 11

11:30 AM

9:17-11154


Burnett Family Farms, LLC


Chapter 7

Adv#: 9:19-01027 Faith, Chapter 7 Trustee v. CAPITAL ONE, N.A.


#15.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01027. Complaint by Jeremy W. Faith, Chapter 7 Trustee against CAPITAL ONE, N.A.. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(A); Cal. Civ.

Code § 3439.04]; (2) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(B); Cal. Civ. Code § 3439.05,]; (3) Avoidance of Postpetition Transfers [11 U.S.C. §549]; and (4) Recovery of Avoided Transfers [11 U.S.C. § 550] and

(5) Preservation of Avoided Transfers [11 U.S.C. § 551] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Triplett, Meghann)


ADVANCED FROM 1-8-20


Docket 1

*** VACATED *** REASON: Continued to March 9, 2020 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Burnett Family Farms, LLC Represented By Louis J Esbin

Defendant(s):

CAPITAL ONE, N.A. Represented By Amanda Koziol

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Meghann A Triplett

Trustee(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

11:30 AM

CONT...


Burnett Family Farms, LLC


Meghann A Triplett


Chapter 7

Jeremy W. Faith (TR) Represented By Meghann A Triplett

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:19-01061 Faith v. Cummins


#16.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01061. Complaint by Jeremy W. Faith against Anne Cummins. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; and (2) Preserve Recovered Transfers for Benefit of Debtors Estate [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 548 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Friedman, Anthony)


ADVANCED FROM 1-8-20


Docket 1

*** VACATED *** REASON: Plaintiff's dismissal of adversary proceeding was filed on 12/16/19.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Anne Cummins Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy

Anthony A Friedman

11:30 AM

9:18-10645


Sebastian DonDiego


Chapter 7

Adv#: 9:19-01011 Faith, Chapter 7 Trustee v. Dondiego


#17.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01011. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Delia Dondiego. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfer; (2) Recovery of Avoided Transfer; (3) Turnover of Property of the Estate; and (4) For Attorneys' Fees and Costs (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) (Triplett, Meghann)


FR. 4-16-19, 6-12-19, 1-8-20


Docket 1

*** VACATED *** REASON: Continued to March 9, 2020 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sebastian DonDiego Represented By Daniel A Higson

Defendant(s):

Delia Dondiego Represented By Daniel A Higson

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Meghann A Triplett

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan Meghann A Triplett

11:30 AM

9:19-10114


Virginia Rivera


Chapter 7

Adv#: 9:19-01065 Faith, Chapter 7 Trustee v. Valerio Rivera


#18.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01065. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Luis Emmanuel Valerio Rivera. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; and (4) Turnover [11 U.S.C. § 542] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Madoyan, Noreen)


FR. 1-8-20


Docket 1


Tentative Ruling:

Plaintiff to file and serve motion for default judgment.

Party Information

Debtor(s):

Virginia Rivera Represented By Andrew S Mansfield

Defendant(s):

Luis Emmanuel Valerio Rivera Pro Se

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Noreen A Madoyan

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan

11:30 AM

9:19-10657


Jeanne Mary Cimarusti


Chapter 7

Adv#: 9:19-01064 Faith, Chapter 7 Trustee v. Cimarusti


#19.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01064. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Paul Cimarusti. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfer [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfer [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; (4) Turnover [11 U.S.C. § 542]; and (5) Declaratory Relief (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)) (Madoyan, Noreen)


FR. 1-8-20


Docket 1


Tentative Ruling:

The court will continue this matter to 3/24/20 at 11:30 a.m. Plaintiff to provide notice. No appearances required.

Party Information

Debtor(s):

Jeanne Mary Cimarusti Represented By David S Quintana

Defendant(s):

Paul Cimarusti Pro Se

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Noreen A Madoyan

11:30 AM

CONT...

Trustee(s):


Jeanne Mary Cimarusti


Chapter 7

Jeremy W. Faith (TR) Represented By Noreen A Madoyan

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et


#20.00 CONT'D Status Hearing

RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)


FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19

ADVANCED FROM 1-8-20


Docket 156

Tentative Ruling:

Mediation is the next step here. Have the parties selected a mediator and discussed logistics?

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

CIT BANK, N.A. Pro Se

Duff & Phelps Represented By Christopher O Rivas

11:30 AM

CONT...


Channel Technologies Group, LLC


Chapter 11

Electro Optical Industries Represented By Peter J Benvenutti Tobias S Keller David A Taylor

CTS Corporation Represented By Jonathan Boustani Paul J Laurin

CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin

Grant Thornton, LLP Represented By Ian Landsberg

Pengdi Han, Dhan, LLC Pro Se

DHAN, LLC Pro Se

Avante Mezzanine Partners II, Inc. Represented By

Brian L Davidoff Keith Patrick Banner

Fidus Mezzanine Capital II, L.P. Represented By

Brian L Davidoff Keith Patrick Banner

Fidus Investment Corporation Represented By Brian L Davidoff

Keith Patrick Banner

BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg

Blue Wolf Capital Advisors L.P. Represented By

Christopher O Rivas Howard Steinberg

Gladstone Investment Corporation Represented By

Cheryl S Chang

11:30 AM

CONT...


Channel Technologies Group, LLC


Craig N Haring


Chapter 11

Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg

Blue Wolf Capital Partners, LLC Represented By

Christopher O Rivas Howard Steinberg

Avante Mezzanine Partners SBIC, Represented By

Brian L Davidoff Keith Patrick Banner

Plaintiff(s):

Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:19-01019 Corporate Recovery Associates, LLC v. Grant Thornton, LLP


#21.00 CONT'D Status Hearing

RE: [1] and [10] Adversary case 9:19-ap-01019. Complaint by Corporate Recovery Associates, LLC against Grant Thornton, LLP. (Charge To Estate). Complaint to (1) Avoid and Recover Unauthorized Post-Petition Transfers; (2) Avoid and Recover Fraudulent Transfers Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)) (Torres, Felicita).


FR. 7-3-19, 7-23-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19

ADVANCED FROM 1-8-20


Docket 10

Tentative Ruling:

Mediation is the next step here. Have the parties selected a mediator and discussed logistics?

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

Grant Thornton, LLP Represented By Ian Landsberg

Plaintiff(s):

Corporate Recovery Associates, Represented By Felicita A Torres Christian A Orozco

11:30 AM

9:18-11889

Charles L. Duff

Chapter 11

Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al


#22.00 Hearing

RE: [16] Amended Motion (related document(s): 10 Motion to Amend (related document(s)6 Motion to Dismiss Adversary Proceeding ) filed by Defendant THE BANK OF NEW YORK MELLON, FKA, Defendant NewRez LLC DBA

Shellpoint Mortgage Servicing) (Klein, Bradford) FR. 1-8-20

Docket 16

*** VACATED *** REASON: Continued to January 22, 2020, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir

Countrywide Home Loans Inc Represented By

E. Christine Hehir

Countrywide Bank, NA Represented By

E. Christine Hehir

BANK OF AMERICA Represented By

E. Christine Hehir

THE BANK OF NEW YORK Represented By Bradford Klein

11:30 AM

CONT...


Charles L. Duff


Chapter 11

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir

Movant(s):

THE BANK OF NEW YORK Represented By Bradford Klein

NewRez LLC DBA Shellpoint Represented By Bradford Klein

Plaintiff(s):

Charles L. Duff Represented By Jeremy H Rothstein

Cathryn A Duff Represented By Jeremy H Rothstein

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al


#23.00 Hearing

RE: [32] Motion to Dismiss Adversary Proceeding (Johnson, Elliot)


Docket 32

*** VACATED *** REASON: Continued to January 22, 2020, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir

Countrywide Home Loans Inc Represented By

E. Christine Hehir

Countrywide Bank, NA Represented By

E. Christine Hehir

BANK OF AMERICA Represented By

E. Christine Hehir

THE BANK OF NEW YORK Represented By Bradford Klein

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By

11:30 AM

CONT...


Charles L. Duff


Bradford Klein


Chapter 11

LandSafe, Inc. Represented By

E. Christine Hehir

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir

Movant(s):

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

Plaintiff(s):

Charles L. Duff Represented By Jeremy H Rothstein

Cathryn A Duff Represented By Jeremy H Rothstein

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al


#24.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01059. Complaint by Charles L. Duff against Countrywide Financial Corporation, Countrywide Home Loans Inc, Countrywide Bank, NA, BANK OF AMERICA, THE BANK OF NEW YORK MELLON, FKA,

BAYVIEW LOAN SERVICING, LLC, NewRez LLC DBA Shellpoint Mortgage Servicing, LandSafe, Inc., LandSafe Appraisal, Inc. n/k/a CoreLogic, Inc.. (Charge To Estate). Complaint For: (1) Violations of Californias Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.); (2) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)); (3) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.

§ 1962(d)); (4) Unjust Enrichment; (5) Fraud; (6) Violations of the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 1692p) (7) Breach of Covenant of Good Faith and Fair Dealing; and (8) Promissory Estoppel Nature of Suit: (14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Rothstein, Jeremy)


FR. 1-8-20


Docket 1

*** VACATED *** REASON: Continued to January 22, 2020, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir

11:30 AM

CONT...


Charles L. Duff


Chapter 11

Countrywide Home Loans Inc Represented By

E. Christine Hehir

Countrywide Bank, NA Represented By

E. Christine Hehir

BANK OF AMERICA Represented By

E. Christine Hehir

THE BANK OF NEW YORK Represented By Bradford Klein

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir

Plaintiff(s):

Charles L. Duff Represented By Jeremy H Rothstein

Cathryn A Duff Represented By Jeremy H Rothstein

11:00 AM

1:19-11629


Valley Economic Development Center, Inc.


Chapter 11


#1.00 Hearing RE: [289] Application of Debtor and Debtor in Possession to Employ Linzer Law Group, P.C. as Special Real Estate and Litigation Counsel;


Docket 289


Tentative Ruling:

LBR 2014-1(b)(3) states the requirements of the contents to be included in the notice of the employment application. Among the required contents for the notice are: (1) that the notice must state the identity of the professional and the purpose and scope for their employment; (2) the notice must state whether the professional seeks compensation under section 328 or section 330; (3) the notice must descrbie the arrangements for compensation; (4) the notice must provide the name, address, and telephone number of the person who will provide a copy of the application upon request; and (5) the notice must advise of the response time to the application and the time to request a hearing on the application if filed under the negative notice procedures.


Here, the notice of the employment application (Docket No. 290) only advises of the response time to the application. The notice fails to identify the purpose and scope of the employment, fails to state that compensation is sought under section 330, fails to describe the arrangements for compensation, and fails to identify or provide the contact information of who can provide a copy of the application upon request.

Party Information

Debtor(s):

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik

Krikor J Meshefejian Lindsey L Smith

11:00 AM

1:19-11924


01 BH Partnership


Chapter 11


#2.00 Hearing RE: [52] Motion for Setting Property Value (Corrected Motion)


Docket 52

*** VACATED *** REASON: Stipulated order entered on 12/27/19 continuing hearing to 3/10/20 at 11 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:00 AM

1:19-11924


01 BH Partnership


Chapter 11


#3.00 Hearing RE: [42] Motion for approval of chapter 11 disclosure statement fr. 1-7-20


Docket 42

*** VACATED *** REASON: Stipulated order entered on 12/27/19 continuing hearing to 3/10/20 at 11 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:00 AM

1:19-11924


01 BH Partnership


Chapter 11


#4.00 CONTD. Hearing RE: [29] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1001 North Beverly Glenn Blvd, Los Angeles, CA 90077 .

fr. 11-20-19

fr. 1-7-20


Docket 29

*** VACATED *** REASON: Stipulated order entered on 12/27/19 continuing hearing to 3/10/20 at 11 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:00 AM

1:19-11924


01 BH Partnership


Chapter 11


#5.00 CONT'D. Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual. fr.9-10-19, 11-6-19, 11-20-19

fr. 1-7-20


Docket 1

*** VACATED *** REASON: Stipulated order entered on 12/27/19 continuing hearing to 3/10/20 at 11 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:00 AM

1:19-12500


Ketab Corporation


Chapter 11


#7.00 Hearing RE: [27] Motion for Order Authorizing Debtor in Possession to Employ Mansoor Shenassafar as Accountant

fr. 12-30-19


Docket 27


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ketab Corporation Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:00 AM

1:19-12500


Ketab Corporation


Chapter 11


#8.00 Hearing RE: [26] Motion for Order Authorizing Debtor in Possession to Employ Tony Forberg as Special Counsel, with Proof of Service

fr. 12-30-19


Docket 26


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ketab Corporation Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:00 AM

1:19-12050


Bagrat Ogannes


Chapter 11


#6.00 Hearing RE: [59] Motion to Dismiss Debtor


Docket 59


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bagrat Ogannes Represented By Lionel E Giron Joanne P Sanchez

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et


#7.00 CONT'D Status Hearing

RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)


FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19


Docket 156

*** VACATED *** REASON: Rescheduled by the Court to 1/7/2020, at 11:30 a.m.

Tentative Ruling:

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

CIT BANK, N.A. Pro Se

Duff & Phelps Represented By Christopher O Rivas

Electro Optical Industries Represented By

11:30 AM

CONT...


Channel Technologies Group, LLC


Peter J Benvenutti Tobias S Keller David A Taylor


Chapter 11

CTS Corporation Represented By Jonathan Boustani

CTG Advanced Materials, LLC Represented By Jonathan Boustani

Grant Thornton, LLP Represented By Ian Landsberg

Pengdi Han, Dhan, LLC Pro Se

DHAN, LLC Pro Se

Avante Mezzanine Partners II, Inc. Represented By

Brian L Davidoff Keith Patrick Banner

Fidus Mezzanine Capital II, L.P. Represented By

Brian L Davidoff Keith Patrick Banner

Fidus Investment Corporation Represented By Brian L Davidoff

Keith Patrick Banner

BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg

Blue Wolf Capital Advisors L.P. Represented By

Christopher O Rivas Howard Steinberg

Gladstone Investment Corporation Represented By

Cheryl S Chang Craig N Haring

Blue Wolf Capial Fund II, L.P. Represented By

11:30 AM

CONT...


Channel Technologies Group, LLC


Christopher O Rivas Howard Steinberg


Chapter 11

Blue Wolf Capital Partners, LLC Represented By

Christopher O Rivas Howard Steinberg

Avante Mezzanine Partners SBIC, Represented By

Brian L Davidoff Keith Patrick Banner

Plaintiff(s):

Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:19-01019 Corporate Recovery Associates, LLC v. Grant Thornton, LLP


#8.00 CONT'D Status Hearing

RE: [1] and {10} Adversary case 9:19-ap-01019. Complaint by Corporate Recovery Associates, LLC against Grant Thornton, LLP. (Charge To Estate). Complaint to (1) Avoid and Recover Unauthorized Post-Petition Transfers; (2) Avoid and Recover Fraudulent Transfers Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)) (Torres, Felicita).


FR. 7-3-19, 7-23-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19


Docket 10

*** VACATED *** REASON: Rescheduled by the Court to 1/7/2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

Grant Thornton, LLP Represented By Ian Landsberg

Plaintiff(s):

Corporate Recovery Associates, Represented By Felicita A Torres Christian A Orozco

11:30 AM

9:17-11154


Burnett Family Farms, LLC


Chapter 7

Adv#: 9:19-01027 Faith, Chapter 7 Trustee v. CAPITAL ONE, N.A.


#9.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01027. Complaint by Jeremy W. Faith, Chapter 7 Trustee against CAPITAL ONE, N.A.. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(A); Cal. Civ.

Code § 3439.04]; (2) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(B); Cal. Civ. Code § 3439.05,]; (3) Avoidance of Postpetition Transfers [11 U.S.C. §549]; and (4) Recovery of Avoided Transfers [11 U.S.C. § 550] and

(5) Preservation of Avoided Transfers [11 U.S.C. § 551] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Triplett, Meghann)


Docket 1

*** VACATED *** REASON: Rescheduled by the Court to 1/7/2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Burnett Family Farms, LLC Represented By Louis J Esbin

Defendant(s):

CAPITAL ONE, N.A. Represented By Amanda Koziol

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Meghann A Triplett

Trustee(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

11:30 AM

CONT...


Burnett Family Farms, LLC


Meghann A Triplett


Chapter 7

Jeremy W. Faith (TR) Represented By Meghann A Triplett

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:19-01061 Faith v. Cummins


#10.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01061. Complaint by Jeremy W. Faith against Anne Cummins. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; and (2) Preserve Recovered Transfers for Benefit of Debtors Estate [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 548 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Friedman, Anthony)


Docket 1

*** VACATED *** REASON: Plaintiff's dismissal of adversary proceeding was filed on 12/16/19.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Anne Cummins Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy

Anthony A Friedman

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:19-01062 Faith v. Nott


#11.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01062. Complaint by Jeremy W. Faith against Cindy Nott. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; and (2) Preserve Recovered Transfers for Benefit of Debtors Estate [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 548 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Friedman, Anthony)


Docket 1

*** VACATED *** REASON: Plaintiff's notice of dismissal of case was filed on 12/2/19.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Cindy Nott Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy

Anthony A Friedman

11:30 AM

9:18-10645


Sebastian DonDiego


Chapter 7

Adv#: 9:19-01011 Faith, Chapter 7 Trustee v. Dondiego


#12.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01011. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Delia Dondiego. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfer; (2) Recovery of Avoided Transfer; (3) Turnover of Property of the Estate; and (4) For Attorneys' Fees and Costs (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) (Triplett, Meghann)


FR. 4-16-19, 6-12-19


Docket 1

*** VACATED *** REASON: Rescheduled by the Court to 1/7/2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sebastian DonDiego Represented By Daniel A Higson

Defendant(s):

Delia Dondiego Represented By Daniel A Higson

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Meghann A Triplett

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan

11:30 AM

CONT...


Sebastian DonDiego


Meghann A Triplett


Chapter 7

11:30 AM

9:18-10894


Ronald Frances Palmer and Lola Marie Palmer


Chapter 11


#13.00 ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE


Docket 143

*** VACATED *** REASON: Rescheduled by the Court to 1/7/2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ronald Frances Palmer Represented By John K Rounds

Joint Debtor(s):

Lola Marie Palmer Represented By John K Rounds

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al


#14.00 Hearing

RE: [16] Amended Motion (related document(s): 10 Motion to Amend (related document(s)6 Motion to Dismiss Adversary Proceeding ) filed by Defendant THE BANK OF NEW YORK MELLON, FKA, Defendant NewRez LLC DBA

Shellpoint Mortgage Servicing) (Klein, Bradford)


Docket 16

*** VACATED *** REASON: Rescheduled by the Court to 1/7/2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Pro Se Countrywide Home Loans Inc Pro Se

Countrywide Bank, NA Pro Se

BANK OF AMERICA Pro Se

THE BANK OF NEW YORK Represented By Bradford Klein

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Pro Se

11:30 AM

CONT...


Charles L. Duff


Chapter 11

LandSafe Appraisal, Inc. n/k/a Pro Se

Plaintiff(s):

Cathryn A Duff Represented By Jeremy H Rothstein

Charles L. Duff Represented By Jeremy H Rothstein

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059 Duff v. Countrywide Financial Corporation et al


#15.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01059. Complaint by Charles L. Duff against Countrywide Financial Corporation, Countrywide Home Loans Inc, Countrywide Bank, NA, BANK OF AMERICA, THE BANK OF NEW YORK MELLON, FKA,

BAYVIEW LOAN SERVICING, LLC, NewRez LLC DBA Shellpoint Mortgage Servicing, LandSafe, Inc., LandSafe Appraisal, Inc. n/k/a CoreLogic, Inc.. (Charge To Estate). Complaint For: (1) Violations of Californias Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.); (2) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)); (3) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.

§ 1962(d)); (4) Unjust Enrichment; (5) Fraud; (6) Violations of the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 1692p) (7) Breach of Covenant of Good Faith and Fair Dealing; and (8) Promissory Estoppel Nature of Suit: (14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Rothstein, Jeremy)


Docket 1

*** VACATED *** REASON: Rescheduled by the Court to 1/7/2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Pro Se Countrywide Home Loans Inc Pro Se

Countrywide Bank, NA Pro Se

11:30 AM

CONT...


Charles L. Duff


Chapter 11

BANK OF AMERICA Pro Se

THE BANK OF NEW YORK Pro Se

BAYVIEW LOAN SERVICING, Pro Se

NewRez LLC DBA Shellpoint Pro Se

LandSafe, Inc. Pro Se

LandSafe Appraisal, Inc. n/k/a Pro Se

Plaintiff(s):

Charles L. Duff Represented By Jeremy H Rothstein

11:30 AM

9:19-10114


Virginia Rivera


Chapter 7

Adv#: 9:19-01065 Faith, Chapter 7 Trustee v. Valerio Rivera


#16.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01065. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Luis Emmanuel Valerio Rivera. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; and (4) Turnover [11 U.S.C. § 542] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Madoyan, Noreen)


Docket 1

*** VACATED *** REASON: Rescheduled by the Court to 1/7/2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Virginia Rivera Represented By Andrew S Mansfield

Defendant(s):

Luis Emmanuel Valerio Rivera Pro Se

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Noreen A Madoyan

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan

11:30 AM

9:19-10657


Jeanne Mary Cimarusti


Chapter 7

Adv#: 9:19-01064 Faith, Chapter 7 Trustee v. Cimarusti


#17.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01064. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Paul Cimarusti. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfer [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfer [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; (4) Turnover [11 U.S.C. § 542]; and (5) Declaratory Relief (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)) (Madoyan, Noreen)


Docket 1

*** VACATED *** REASON: Rescheduled by the Court to 1/7/2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jeanne Mary Cimarusti Represented By David S Quintana

Defendant(s):

Paul Cimarusti Pro Se

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Noreen A Madoyan

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan

11:30 AM

9:19-11230


Steven Howard Wexler


Chapter 7


#18.00 Hearing

RE: [22] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3533 Sweet Clover St, Thousand Oaks, CA 91362 . (Lee, Nancy)


Docket 22

*** VACATED *** REASON: Rescheduled by the Court to 1/7/2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Steven Howard Wexler Represented By David S Hagen

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11240


Caroline Marie De Laurell


Chapter 11


#19.00 CONT'D Disclosure Statement Filed by Debtor Caroline Marie De Laurell. (Jones, Michael)


FR. 10-10-19


Docket 24

*** VACATED *** REASON: Rescheduled by the Court to 1/7/2020, at 11:30 a.m.

Tentative Ruling:

Continue.


The bar date in this case is not until 11/4/19. The court can't approve a disclosure statement before that date. There may be creditors with standing to object, and the Debtor can't possibly know all of the claims that need to be paid and all of the creditors entitled to receive the solicitaion package.


Obviously no fees/costs will be approved related to preparation for this hearing.

Party Information

Debtor(s):

Caroline Marie De Laurell Represented By Michael Jones Sara Tidd

11:30 AM

9:19-11931


Katye Harrington


Chapter 7


#1.00 HearingRE: [7] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 Kia Sorento, VIN 5XYKTCA60EG531513 . (Wang, Jennifer)


Docket 7


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Katye Harrington Represented By Vaughn C Taus

Movant(s):

Santander Consumer USA Inc. Represented By Jennifer H Wang

11:30 AM

CONT...

Trustee(s):


Katye Harrington


Chapter 7

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-12036


Walter W. Knauss and Catherine Lynn Knauss


Chapter 7


#2.00 HearingRE: [17] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Action in Nonbankruptcy Forum CCEF v. Super98 LLC etc..


Docket 17


Tentative Ruling:

Obviously, many arguments made in the briefing are moot now that an adversary proceeding has been filed under section 523.


Please focus on section 362(b)(4) and the public policy test.

Party Information

Debtor(s):

Walter W. Knauss Represented By John D Faucher

Joint Debtor(s):

Catherine Lynn Knauss Represented By John D Faucher

Movant(s):

John Skirtich Represented By

Todd C. Ringstad

Martin Logies Represented By Todd C. Ringstad

Cardinal Collection Educational Represented By Todd C. Ringstad

Trustee(s):

Sandra K. McBeth Pro Se

11:30 AM

9:18-10237


Firooz Payan


Chapter 7


#3.00 Objection to Claim #9 by Claimant Behrouz Aframian with request for valuation of security, payment of fully secured claims, and modification of undersecured claims.. in the amount of $ 455920.42 Filed by Creditors CTPC, LLC, Cartwright Termite & Pest Control, Inc., Overland Direct, Inc.. (Shem-Tov, Shalem)


Docket 348

Tentative Ruling:


Section 502(a) provides that a "claim . . . filed under section 501 of this title, is deemed allowed, unless a party in interest objects." 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f); Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).

Further, Rule 3001 only requires written evidence to be attached to the proof of claim if the claim is based on a writing. Fed. R. Bankr. P. 3001(c).


If a filed proof of claim complies with the rules, the burden shifts to the objecting party to "present evidence to overcome the prima facie case." United States v. Offord Fin., Inc. (In re Medina), 205 B.R. 216, 222 (B.A.P.

9th Cir. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. Ashford v. Consol. Pioneer Mort. (In re Consol. Pioneer Mort.), 178 B.R. 222, 226 (B.A.P. 9th Cir. 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

(quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. Lundell, 223 F.3d at 1039; Holm, 931 F.2d at 623.

11:30 AM

CONT...


Firooz Payan

Here, Claim No. 9 is not prima facie valid. The claim asserts that it is


Chapter 7

based on "money loaned," but there is no supporting information to show that any amount, let alone the amount asserted, was loaned and is owed. The Claimant has offered no argument or evidence to show that the claim alleged is in fact enforceable against the Debtor. There is no statement or other information provided to show why there is no writing supporting the claim.


The one-page summary that is attached to the proof of claim purports to show principal payments with the interest charged. But there is no evidence to show that the interest rate charged was agreed upon by the parties or that the Debtor is the person who received funds from the Claimant and owes the alleged balance. Indeed, at the top of the one-page summary it says, "Philip Payan Outstanding Balance." There is no information provided to show who "Philip Payan" is.

The Claimant now requests a continuance. Why is this justified?

Party Information

Debtor(s):

Firooz Payan Pro Se

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres

11:30 AM

9:18-10237


Firooz Payan


Chapter 7


#4.00 Objection to Claim #10 by Claimant Leora Aframian with request for valuation of security, payment of fully secured claims, and modification of undersecured claims.. in the amount of $ 765802.20 Filed by Creditors CTPC, LLC, Cartwright Termite & Pest Control, Inc., Overland Direct, Inc.. (Shem-Tov, Shalem)


Docket 350

Tentative Ruling:


Section 502(a) provides that a "claim . . . filed under section 501 of this title, is deemed allowed, unless a party in interest objects." 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f); Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).

Further, Rule 3001 only requires written evidence to be attached to the proof of claim if the claim is based on a writing. Fed. R. Bankr. P. 3001(c).


If a filed proof of claim complies with the rules, the burden shifts to the objecting party to "present evidence to overcome the prima facie case." United States v. Offord Fin., Inc. (In re Medina), 205 B.R. 216, 222 (B.A.P.

9th Cir. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. Ashford v. Consol. Pioneer Mort. (In re Consol. Pioneer Mort.), 178 B.R. 222, 226 (B.A.P. 9th Cir. 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

(quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. Lundell, 223 F.3d at 1039; Holm, 931 F.2d at 623.

11:30 AM

CONT...


Firooz Payan

Here, Claim No. 10 was amended. Please focus on whether the claim


Chapter 7

as amended is prima facie valid.


Party Information

Debtor(s):

Firooz Payan Pro Se

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres

11:30 AM

9:18-10237


Firooz Payan


Chapter 7


#5.00 HearingRE: [352] Motion RE: Objection to Claim Number 11 by Claimant Esther Aframian with request for valuation of security, payment of fully secured claims, and modification of undersecured claims..


Docket 352

Tentative Ruling:


Section 502(a) provides that a "claim . . . filed under section 501 of this title, is deemed allowed, unless a party in interest objects." 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f); Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).

Further, Rule 3001 only requires written evidence to be attached to the proof of claim if the claim is based on a writing. Fed. R. Bankr. P. 3001(c).


If a filed proof of claim complies with the rules, the burden shifts to the objecting party to "present evidence to overcome the prima facie case." United States v. Offord Fin., Inc. (In re Medina), 205 B.R. 216, 222 (B.A.P.

9th Cir. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. Ashford v. Consol. Pioneer Mort. (In re Consol. Pioneer Mort.), 178 B.R. 222, 226 (B.A.P. 9th Cir. 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

(quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. Lundell, 223 F.3d at 1039; Holm, 931 F.2d at 623.

Here, Claim No. 11 was amended. Please focus on whether the claim

11:30 AM

CONT...


Firooz Payan


Chapter 7

as amended is prima facie valid.


Party Information

Debtor(s):

Firooz Payan Pro Se

Movant(s):

Cartwright Termite & Pest Control, Represented By

Shalem Shem-Tov Nathaniel R Cowden

Overland Direct, Inc. Represented By Shalem Shem-Tov

CTPC, LLC Represented By

Shalem Shem-Tov

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres

11:30 AM

9:18-10237


Firooz Payan


Chapter 7


#6.00 HearingRE: [354] Motion RE: Objection to Claim Number 12 by Claimant Houshang Aframian with request for valuation of security, payment of fully secured claims, and modification of undersecured claims..


Docket 354

Tentative Ruling:


Section 502(a) provides that a "claim . . . filed under section 501 of this title, is deemed allowed, unless a party in interest objects." 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f); Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).

Further, Rule 3001 only requires written evidence to be attached to the proof of claim if the claim is based on a writing. Fed. R. Bankr. P. 3001(c).


If a filed proof of claim complies with the rules, the burden shifts to the objecting party to "present evidence to overcome the prima facie case." United States v. Offord Fin., Inc. (In re Medina), 205 B.R. 216, 222 (B.A.P.

9th Cir. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces sufficient evidence to negate one or more of the sworn facts in the proof of claim, the burden reverts back to the claimant to prove the validity of the claim by a preponderance of the evidence. Ashford v. Consol. Pioneer Mort. (In re Consol. Pioneer Mort.), 178 B.R. 222, 226 (B.A.P. 9th Cir. 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

(quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. Lundell, 223 F.3d at 1039; Holm, 931 F.2d at 623.

11:30 AM

CONT...


Firooz Payan

Here, Claim No. 12 is not prima facie valid. The claim asserts that it is


Chapter 7

based on "money loaned," but there is no supporting information to show that any amount, let alone the amount asserted, was loaned and is owed. The Claimant has offered no argument or evidence to show that the claim alleged is in fact enforceable against the Debtor. There is no statement or other information provided to show why there is no writing supporting the claim.

The one-page summary that is attached to the proof of claim purports to show principal payments with the interest charged. But there is no evidence to show that the interest rate charged was agreed upon by the parties or that the Debtor is the person who received funds from the Claimant and owes the alleged balance.



Debtor(s):

The Claimant now requests a continuance. Why is this justified?

Party Information

Firooz Payan Pro Se

Movant(s):

Cartwright Termite & Pest Control, Represented By

Shalem Shem-Tov Nathaniel R Cowden

Overland Direct, Inc. Represented By Shalem Shem-Tov

CTPC, LLC Represented By

Shalem Shem-Tov

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#7.00 CONT'D Hearing

RE: [81] Motion to Expunge (RE: related document(s)6 Notice). Notice of Motion and Motion to Expunge Notice of Pendency of Action with Proof of Service


FR. 10-10-19, 11-5-19, 12-17-19


Docket 81

*** VACATED *** REASON: Move to 1/28/20 at 1:30, with appearances to be in L.A. only.

Tentative Ruling:

Third Amended Complaint was filed on 10/23/19.

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Gurpreet Sahani Represented By Lewis R Landau

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Movant(s):

Gurpreet Sahani Represented By

11:30 AM

CONT...


Rajysan, Inc.


Lewis R Landau


Chapter 11

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Chad V Haes

D Edward Hays

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#8.00 Hearing

RE: [97] Motion to Dismiss Adversary Proceeding Claims 15 and 16 with Prejudice with Notice and Proof of Service


FR. 12-17-19


Docket 97

*** VACATED *** REASON: Move to 1/28/20 at 1:30, with appearances to be in L.A. only.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Gurpreet Sahani Represented By Lewis R Landau

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Movant(s):

Gurpreet Sahani Represented By

11:30 AM

CONT...


Rajysan, Inc.


Lewis R Landau


Chapter 11

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Chad V Haes

D Edward Hays

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant

11:00 AM

1:20-10014


NSK Group, Inc.


Chapter 11


#1.10 Hearing RE: [13] Motion For Order Authorizing Debtor And Debtor In Possession To Pay Prepetition Priority Payroll And Sick Leave Pay Obligations


Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

NSK Group, Inc. Represented By Kateryna Bilenka

11:00 AM

1:20-10014


NSK Group, Inc.


Chapter 11


#2.10 Hearing RE: [9] Motion For Order Authorizing Debtor And Debtor In Possession To Use Cash Collateral


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

NSK Group, Inc. Represented By Kateryna Bilenka

1:30 PM

2:09-19825


S&B Surgery Center


Chapter 11

Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al


#1.00 CONTD. Status Conference re: [1] Removal) Nature of Suit: (01 (Determination of removed claim or cause)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment)) filed by Plaintiff Lawfund Management Group, LLC, Plaintiff LAWFUND MANAGMENT GROUP, LLC).


fr. 6-27-18, 8-1-18, 8-30-18fr.8-29-18

fr.9-17-18fr.8-28-19fr. 11-6-18fr. 10-7-19

fr. 11-12-2019

fr. 12-19-19


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur

Defendant(s):

Buchalter, APC Represented By Daniel J McCarthy

Claudia SPRINGER Represented By

Pamela Kohlman Webster

George Singer Represented By

Pamela Kohlman Webster

James Wong Represented By

Matthew A Lesnick

1:30 PM

CONT...


S&B Surgery Center


Chapter 11

Plaintiff(s):

Lawfund Management Group, LLC Represented By

Herbert Dodell

LAWFUND MANAGMENT Pro Se

Trustee(s):

Nancy Hoffmeier Zamora Pro Se

1:30 PM

2:09-19825


S&B Surgery Center


Chapter 11

Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al


#2.00 Hearing RE: [41] Motion of Buchalter, APC to Dismiss Second, Third and Fourth Claims in Plaintiffs First Amended Complaint;


fr.8-29-18,fr.9-17-18fr. 11-6-18fr.8-28-19 fr. 10-7-19

fr. 11-12-2019

fr. 12-19-19


Docket 41


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur

Defendant(s):

Buchalter, APC Represented By Daniel J McCarthy

Claudia SPRINGER Represented By Jasmin Yang Craig E Holden

George Singer Represented By Jasmin Yang

S&B Surgery Center Creditor Trust Represented By

Jasmin Yang

1:30 PM

CONT...


S&B Surgery Center


Chapter 11

Plaintiff(s):

Lawfund Management Group, LLC Represented By

Herbert Dodell

LAWFUND MANAGMENT Represented By Perry R Fredgant

Trustee(s):

Nancy Hoffmeier Zamora Pro Se

1:30 PM

2:09-19825


S&B Surgery Center


Chapter 11

Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al


#3.00 Hearing RE: [36] Motion to Dismiss Adversary Proceeding


fr.8-30-18fr.8-29-18fr.9-17-18fr. 11-6-18fr.8-28-19 fr. 10-7-19

fr. 11-12-2019

fr. 12-19-19


Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur

Defendant(s):

Buchalter, APC Represented By Daniel J McCarthy

Claudia SPRINGER Represented By Jasmin Yang Craig E Holden

George Singer Represented By Jasmin Yang

S&B Surgery Center Creditor Trust Represented By

Jasmin Yang

Plaintiff(s):

Lawfund Management Group, LLC Represented By

1:30 PM

CONT...


S&B Surgery Center


Herbert Dodell


Chapter 11

LAWFUND MANAGMENT Represented By Perry R Fredgant

Trustee(s):

Nancy Hoffmeier Zamora Pro Se

1:30 PM

2:17-25614


3600 Ashe, LLC


Chapter 11


#4.00 Confirmation of Chapter 11 Plan


Docket 0


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham

1:30 PM

1:19-12539


Enrique Oscar Rollandi Martinasso


Chapter 11


#1.00 Hearing RE: [35] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) .


Docket 35

*** VACATED *** REASON: Off Calendar-Mtn. Withdrawn Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Enrique Oscar Rollandi Martinasso Represented By

Onyinye N Anyama

1:30 PM

1:19-12866

Studio Production Center, Inc.

Chapter 11

Adv#: 1:19-01145 Studio Production Center, Inc. et al v. Imagecraft Productions, Inc.

#2.00 Hearing RE: [4] Motion for a temporary restraining order Notice of Application and Application for Temporary Restraining Order and Preliminary Injunction For Ridgley Conlan, Debtor's Chief Executive

Docket 4

*** VACATED *** REASON: Continued by Stip. to 1/28/2020 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner

Defendant(s):

Imagecraft Productions, Inc. Pro Se

Plaintiff(s):

Studio Production Center, Inc. Represented By David Brian Lally

Ridgley Conlan Represented By David Brian Lally

2:00 PM

9:15-12199


Aimee Nozzi


Telephonic Hearing


Chapter 11

#1.00 CONT'D Hearing

RE: [414] Motion for Setting Property Value for 966 Ruby Avenue, Ventura, California; Declarations of Aimee Nozzi and Kevin Masterson


FR. 11-5-19, 1-6-20


Docket 414

*** VACATED *** REASON: Rescheduled by the Court to 1/23/20, at 3:00 p.m.

Tentative Ruling:

Party Information

Debtor(s):

Aimee Nozzi Represented By

Stella A Havkin

Movant(s):

Aimee Nozzi Represented By

Stella A Havkin

2:00 PM

9:15-12199


Aimee Nozzi


Telephonic Hearing


Chapter 11

#2.00 CONT'D Amended Disclosure Statement Third Amended; Declarations of Aimee Nozzi and Stella Havkin Filed by Debtor Aimee Nozzi (RE: related document(s)199 Disclosure Statement Second Amended; Declarations of Aimee Nozzi and Stella Havkin Filed by Debtor Aimee Nozzi. (Attachments: # 1 Index part 2 # 2 Index part 3 # 3 Index PART 4)). (Havkin, Stella)


FR. 11-5-19, 1-6-20


Docket 416

*** VACATED *** REASON: Rescheduled by the Court to 1/23/20, at 3:00 p.m.

Tentative Ruling:

11/5/19 tentative ruling:

Deny approval. This is a sloppy document with many errors and omissions. Please have some dates in mind for filing an amended plan and disclosure statement, as well as resolution of the valuation issue and the dispute over separate classification of the Nifong claim.

Party Information

Debtor(s):

Aimee Nozzi Represented By

Stella A Havkin

11:30 AM

9:19-11824


Adolph Ringer and Renee J Frogge


Chapter 7


#1.00 HearingRE: [19] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Ford Edge, VIN: 2FMPK3K81JBC60965 . (Wang, Jennifer)


Docket 19


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Adolph Ringer Represented By Sandra McBeth

Joint Debtor(s):

Renee J Frogge Represented By Sandra McBeth

11:30 AM

CONT...

Movant(s):


Adolph Ringer and Renee J Frogge


Chapter 7

Cab West LLC Represented By Jennifer H Wang

11:30 AM

9:19-11831


Miguel A. Linan


Chapter 7


#2.00 HearingRE: [8] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Cadillac XTS, VIN: 2G61N5S38F9118969 . (Wang, Jennifer)


Docket 8


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Miguel A. Linan Represented By Monica Robles

Movant(s):

Kinecta Federal Credit Union Represented By Jennifer H Wang

11:30 AM

CONT...

Trustee(s):


Miguel A. Linan


Chapter 7

Sandra McBeth (TR) Pro Se

11:30 AM

9:19-11909


Shelby Lynne Borg


Chapter 7


#3.00 HearingRE: [7] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 NISSAN XTERRA VIN 5N1AN0NU4FN662172 . (Wang, Jennifer)


Docket 7


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Shelby Lynne Borg Represented By Daniel A Higson

Movant(s):

Santander Consumer USA Inc. Represented By Jennifer H Wang

11:30 AM

CONT...

Trustee(s):


Shelby Lynne Borg


Chapter 7

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:16-11975


Edward Portnoy MD, Inc.


Chapter 7


#4.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Jeremy W. Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (pg))


Docket 77

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Edward Portnoy MD, Inc. Represented By

Bruce C Vosguanian

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan

11:30 AM

9:18-11574


Georgiana Mendoza


Chapter 7


#5.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (fsy))


Docket 88

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Georgiana Mendoza Represented By Leslie A Tos

Trustee(s):

Jeremy W. Faith (TR) Represented By Meghann A Triplett

11:30 AM

9:18-11908


Susan Sonia Hayward


Chapter 7


#6.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (fsy))


Docket 86

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Susan Sonia Hayward Represented By William C Beall Carissa N Horowitz

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:18-12004


James Frederick Koehl, Jr. and Susan Elizabeth Koehl


Chapter 7


#7.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Namba. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (fsy))


Docket 56

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

James Frederick Koehl Jr. Represented By Robert E Traylor

Joint Debtor(s):

Susan Elizabeth Koehl Represented By Robert E Traylor

11:30 AM

CONT...

Trustee(s):


James Frederick Koehl, Jr. and Susan Elizabeth Koehl


Chapter 7

Jerry Namba (TR) Represented By Carmela Pagay Timothy J Yoo

11:30 AM

9:13-10904


Ronald Woolsey Hertel


Chapter 7


#8.00 HearingRE: [98] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2365 Valley West Drive, Santa Rosa, CA 95401 . (Rubanowitz, Shalom)


Docket 98


Tentative Ruling:

The court has a question for the trustee: is this estate property?


Neither the Property defined in the motion nor the claims secured thereby were scheduled by the debtor. Information in the appraisal indicates that the Property was acquired by the debtor on 6/23/17. If true, the Property is likely not property of the estate. For after-acquired property to be considered property of the estate under § 541(a)(7), the interest: (1) must be created with or by property of the estate; (2) acquired in the estate's normal course of business; or (3) otherwise be traceable to or arise out of any prepetition interest included in the bankruptcy estate. In re Neidorf, 534 B.R. 369,

371-72 (B.A.P. 9th Cir. 2015).


If the trustee does not assert any estate interest in the Property, the court's tentative ruling is to deny the motion because the Property is not property of the estate, and there is no stay as to the debtor because he received his discharge on 8/5/13.


Party Information

Debtor(s):

Ronald Woolsey Hertel Represented By John D Faucher

Movant(s):

DeWitte Mortgagors Investors Fund, Represented By

Shalom Rubanowitz

11:30 AM

CONT...

Trustee(s):


Ronald Woolsey Hertel


Chapter 7

Jerry Namba (TR) Represented By

D Edward Hays David Wood Kristine A Thagard

11:30 AM

9:13-10904


Ronald Woolsey Hertel


Chapter 7


#9.00 HearingRE: [101] Application for Compensation First Interim Application for Allowance of Fees and Costs with Proof of Service for Marshack Hays LLP, General Counsel, Period: 2/1/2017 to 12/26/2019, Fee: $514,831, Expenses: $8,404.86.


Docket 101

Tentative Ruling:


The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs

2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Ronald Woolsey Hertel Represented By John D Faucher

Trustee(s):

Jerry Namba (TR) Represented By

D Edward Hays

11:30 AM

CONT...


Ronald Woolsey Hertel


David Wood Kristine A Thagard


Chapter 7

11:30 AM

9:16-11261


John M. Carroll, III


Chapter 7


#10.00 Show Cause HearingRE: [317] Motion For Contempt - Trustee's Application for Order to Show Cause Re Debtor John M. Carroll's Violation of December 12, 2019, Order Granting Motion for Turnover Compelling Debtor to Turnover Property of the Estate and Seeking Monetary Sanctions and a Writ of Execution; Declarations of Sandra K. McBeth, Joseph M. Sholder and Steve Epstein in Support Thereof, with Proof of Service, (Sholder, Joseph)


Docket 317


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

John M. Carroll III Pro Se

Movant(s):

Sandra McBeth (TR) Represented By Joseph M Sholder

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder

11:30 AM

9:19-10001


Rosario Perry


Chapter 11


#11.00 Hearing

RE: [74] Motion RE: Objection to Claim Number 3 by Claimant Department of Treasury. (Bryner, Candice)


FR. 10-10-19


Docket 74

*** VACATED *** REASON: Continued to February 18, 2020 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rosario Perry Represented By Michael R Totaro

Candice Candice Bryner

Movant(s):

Rosario Perry Represented By Michael R Totaro

Candice Candice Bryner

11:30 AM

9:19-10001


Rosario Perry


Chapter 11


#12.00 HearingRE: [112] Motion to Withdraw as Attorney w pos


Docket 112

Tentative Ruling:

The motion is unopposed and sets forth cause for the requested relief. Grant.

Party Information

Debtor(s):

Rosario Perry Represented By Michael R Totaro

Candice Candice Bryner

Movant(s):

Rosario Perry Represented By Michael R Totaro

Candice Candice Bryner

11:30 AM

9:17-11618


Selfridge Partners, LLC


Chapter 11


#13.00 Confirmation Hearing

RE: [147] Debtor's Proposed Chapter 11 Plan of Reorganization


Docket 147


Tentative Ruling:

Continue to allow discussions between the debtor and the secured creditor. March 3 is the continued final fee application.

Party Information

Debtor(s):

Selfridge Partners, LLC Represented By William E. Winfield

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11


#14.00 Hearing

RE: [373] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) / Motion of Chapter 11 Trustee (I) Authorizing the Sale of Certain Collector Cars Free and Clear of All Liens, Claims, Liabilities, Encumbrances and Interests; (II) Authorizing Retention of RM Auctions, Inc. as Auctioneer; and

(III) Granting Related Relief. (Attachments: # 1 Trustee Declaration # 2 RM Declaration # 3 Exhibit 1 to RM Declaration # 4 Exhibit 2 to RM Declaration # 5 Exhibit 3 (Part 1) to RM Declaration # 6 Exhibit 3 (Part 2) to RM Declaration # 7 Proof of Service) (Itkin, Robbin)


Docket 373

Tentative Ruling:


The trustee, after notice and a hearing, may sell property belonging to the estate. 11 U.S.C. § 363(b)(1); see also Commodity Futures Trading Comm’n v. Weintraub, 471 U.S. 343, 352 (1985). The sale must be in the best interests of the estate and the price must be fair and reasonable. In re The Canyon P’ship, 55 B.R. 520 (Bankr. S.D. Cal. 1985); see also In re Wilde Horse Enters., Inc., 136 B.R. 830, 841 (Bankr. C.D. Cal. 1991) (noting that sale must have fair/reasonable price, accurate/reasonable notice to creditors and be made in good faith).


The Motion is unusual and somewhat difficult to evaluate because the Trustee does not own the property that is the subject of the motion (the "Cars") yet and does not even know which Cars she may ultimately acquire. The Motion also does not give any indication of the value of the Cars or provide any auction estimate.


The lack of information regarding value and auction estimates could be particularly important because the court is left with no information based on which it could determine that approving sale by the Auctioneer is any better for the estate than allowing a third party to purchase at the sheriff’s sale might have been. Does the Trustee have a car-by-car understanding of the additional costs associated with resale through the Auctioneer that she will

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited


Chapter 11

use in deciding whether and how to credit bid at the sheriff’s sale?


The Motion also does not describe any marketing efforts undertaken so far or the marketing efforts that will be made after the Trustee acquires some or all of the Cars at the sheriff’s sale.


The court is unable to read (without substantial difficulty) the terms of the auction consignment agreement between the Trustee and the Auctioneer because the font is small and poorly reproduced (the "Agreement," Exhibit 1 to the Motion). This is especially problematic given the lack of detail in the Motion and certain discrepancies the court has noticed as to the information that is in the Motion.


The Trustee describes certain terms of the agreement with the Auctioneer as significant concessions from the Auctioneer’s standard terms. For example, the Trustee argues that "limiting the Auction Preparation Fee is an important concession." But it does not appear that it is any concession at all – the agreement provides that the Auctioneer has budgeted $1,500 per car, with a cap of $33,000 (22 cars x $1,500 = $33,000). If this were a concession, the Auctioneer would be agreeing to perform all preparation for no more than $33,000 in the aggregate. But the agreement just says that if the Auctioneer thinks more work is needed, it must first seek written approval. So, while the $33,000 amount is a kind of limit, any work needed in excess of that amount evidently either will not be completed or will have to be approved by the Trustee at additional expense to the estate (Addendum to the Agreement, ¶¶ 4.1-4.3). How is this a concession by the Auctioneer?


The Motion describes the "withdrawal fee" as capped at $40,000. This conflicts with the Agreement, which states that the limit is $45,000.


The Motion describes the "title correction fee" as "waived," but it is not waived. The automatic minimum $500 fee is not required, but the estate will remain responsible for all out-of-pocket expenses associated with correcting title. (Agreement ¶ 7.3.1, Addendum ¶ 10).


The Motion does not explain (and the court cannot read) the terms of the Agreement with respect to a non-sale at the March 20-21 auction. The Addendum says that the Auctioneer will retain possession "and use

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited


Chapter 11

commercially reasonable efforts to sell" any unsold cars. Does the Trustee ask that the court approve sales not through the March 20-21 auction?

Why is a FRBP 6004(h) waiver needed? The auction isn’t for two months.

Party Information

Debtor(s):

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

10:00 AM

9:11-14487


Charlene M Milby


Chapter 7


#1.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Sandra K. McBeth. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (pg))


Docket 148

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Charlene M Milby Represented By David Commons

Trustee(s):

Sandra McBeth (TR) Represented By Sandra McBeth

10:00 AM

9:14-11835


Keith G Speir and Rhonda L Speir


Chapter 7


#2.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Sandra K. McBeth. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (Attachments: # 1 Supplement Trustee Declaration)(united states trustee (pg))


Docket 226

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Keith G Speir Represented By

Janet A Lawson

Joint Debtor(s):

Rhonda L Speir Represented By Janet A Lawson

10:00 AM

CONT...

Trustee(s):


Keith G Speir and Rhonda L Speir


Chapter 7

Sandra McBeth (TR) Pro Se

10:00 AM

9:17-11647


Jennifer Violet O'Neil


Chapter 11


#3.00 Post-Confirmation Status Conference


Docket 136


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jennifer Violet O'Neil Represented By Reed H Olmstead

10:00 AM

9:18-10196


Salvador Uribe and Edelia Pina


Chapter 11


#4.00 Hearing RE: [181] Order Setting Chapter 11 Status Conference


Docket 181


Tentative Ruling:

The debtor has not filed a timely response to the court's order. The late response does not adequately address the concerns that the court raised regarding this case.


The court's tentative ruling is to dismiss this case based on the issues raised in the order, the lack of progress in this case, and the failure to timely file a written response.

Party Information

Debtor(s):

Salvador Uribe Represented By Bryan Diaz

Joint Debtor(s):

Edelia Pina Represented By

Bryan Diaz

10:00 AM

9:18-11109


Genaro L Godinez


Chapter 7

Adv#: 9:18-01054

MoneyGram Payment Systems, Inc. v. GODINEZ et al Telephonic Hearing

#5.00 CONT'D Status Hearing

RE: [1] and [12] Amended Complaint.

Adversary case 9:18-ap-01054. Complaint by MoneyGram Payment Systems, Inc. against GENARO L. GODINEZ. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Kaufman, Jeffrey)


FR. 12-19-18, 3-12-19, 5-14-19, 7-16-19, 10-15-19


Docket 1

*** VACATED *** REASON: Continued to April 28, 2020 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Genaro L Godinez Represented By Andrew S Mansfield

Defendant(s):

GENARO L. GODINEZ Represented By Randall V Sutter

DOES 1 THROUGH 10 Pro Se

Joint Debtor(s):

Maria Isabel Godinez Represented By Andrew S Mansfield

Plaintiff(s):

MoneyGram Payment Systems, Inc. Represented By

Jeffrey S Kaufman

10:00 AM

CONT...

Trustee(s):


Genaro L Godinez


Chapter 7

Jerry Namba (TR) Pro Se

10:00 AM

9:18-11056


Jonathan Edward Anderson


Chapter 7

Adv#: 9:18-01077 Faith, Chapter 7 Trustee v. Caron et al


#6.00 Hearing

RE: [13] Motion For Summary Judgment Plaintiff's Notice of Motion and Motion for Summary Judgment or in the Alternative Summary Adjudication with Proof of Service


FR. 7-3-19, 7-16-19, 8-14-19, 9-26-19, 10-29-19

FR. 12-11-19


Docket 13

*** VACATED *** REASON: Stipulated order entered on 1-8-2020. Adversary dismissed.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jonathan Edward Anderson Represented By Andrew S Mansfield

Defendant(s):

Samantha L. Caron Represented By Daniel A Higson

James S. Caron Represented By Daniel A Higson

Joint Debtor(s):

Amanda Marie Anderson Represented By Andrew S Mansfield

Movant(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Michael N Nicastro

10:00 AM

CONT...


Jonathan Edward Anderson


Chapter 7

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Michael N Nicastro

Trustee(s):

Jeremy W. Faith (TR) Represented By Michael N Nicastro

10:00 AM

9:18-11056


Jonathan Edward Anderson


Chapter 7

Adv#: 9:18-01077 Faith, Chapter 7 Trustee v. Caron et al


#7.00 CONTD Status Hearing

RE: [1] Adversary case 9:18-ap-01077. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Samantha L. Caron, James S. Caron. (Charge To Estate). with Proof of Service Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Nicastro, Michael)


FR. 3-12-19, 6-12-19, 8-28-19, 10-29-19

FR. 12-11-19


Docket 1

*** VACATED *** REASON: Stipulated order entered on 1-8-2020. Adversary dismissed.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jonathan Edward Anderson Represented By Andrew S Mansfield

Defendant(s):

Samantha L. Caron Represented By Daniel A Higson

James S. Caron Represented By Daniel A Higson

Joint Debtor(s):

Amanda Marie Anderson Represented By Andrew S Mansfield

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Michael N Nicastro

10:00 AM

CONT...

Trustee(s):


Jonathan Edward Anderson


Chapter 7

Jeremy W. Faith (TR) Represented By Michael N Nicastro

10:00 AM

9:18-10785


Charles Ardeil Hamm, II


Chapter 7

Adv#: 9:18-01045 Burcar et al v. Hamm, II


#8.00 HearingRE: [58] Motion For Summary Judgment (Belton, Jeffrey)


Docket 58


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles Ardeil Hamm II Pro Se

Defendant(s):

Charles Ardeil Hamm II Pro Se

Movant(s):

Shanna Burcar Represented By Jeffrey Belton

John C. Barlow Represented By Jeffrey Belton

Nancy Barlow Represented By Jeffrey Belton

Shanna Burcar Pro Se

John C. Barlow Pro Se

Nancy Barlow Pro Se

John C. Barlow Pro Se

Nancy Barlow Pro Se

Shanna Burcar Pro Se

10:00 AM

CONT...


Charles Ardeil Hamm, II


Chapter 7

Plaintiff(s):

Shanna Burcar Represented By Jeffrey Belton

John C. Barlow Represented By Jeffrey Belton

Nancy Barlow Represented By Jeffrey Belton

Trustee(s):

Jerry Namba (TR) Pro Se

11:00 AM

9:18-10785


Charles Ardeil Hamm, II


Chapter 7

Adv#: 9:18-01045 Burcar et al v. Hamm, II


#9.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01045. Complaint by Shanna Burcar , John C. Barlow , Nancy Barlow against Charles Ardeil Hamm II. (Natures of Suit: (68 (Dischargeability - 523(a)(6) willful and malicious injury)) ,(64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree))

FR. 10-24-18, 11-14-18, 2-12-19, 3-19-19, 7-16-19, 9-11-19 AND

Status Hearing

Re: [24] Counterclaims by Charles Ardeil Hamm II against all plaintiffs Filed by Charles Ardeil Hamm II

FR. 1-30-19, 2-12-19, 7-16-19, 9-11-19


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles Ardeil Hamm II Pro Se

Defendant(s):

Charles Ardeil Hamm II Pro Se

Plaintiff(s):

Shanna Burcar Represented By Jeffrey Belton

John C. Barlow Represented By Jeffrey Belton

Nancy Barlow Represented By Jeffrey Belton

11:00 AM

CONT...

Trustee(s):


Charles Ardeil Hamm, II


Chapter 7

Jerry Namba (TR) Pro Se

11:00 AM

9:17-11647


Jennifer Violet O'Neil


Chapter 11


#10.00 Post-Confirmation Status Conference


Docket 136

*** VACATED *** REASON: Rescheduled by the Court to 10:00 a.m. on today's calendar.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jennifer Violet O'Neil Represented By Reed H Olmstead

11:00 AM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al


#11.00 Hearing

RE: [16] Amended Motion (related document(s): 10 Motion to Amend (related document(s)6 Motion to Dismiss Adversary Proceeding ) filed by Defendant THE BANK OF NEW YORK MELLON, FKA, Defendant NewRez LLC DBA

Shellpoint Mortgage Servicing) (Klein, Bradford)


FR. 1-8-20

FR. 1-7-20


Docket 16

*** VACATED *** REASON: Rescheduled by the court to 2/18/2020 at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir

Countrywide Home Loans Inc Represented By

E. Christine Hehir

Countrywide Bank, NA Represented By

E. Christine Hehir

BANK OF AMERICA Represented By

E. Christine Hehir

THE BANK OF NEW YORK Represented By

11:00 AM

CONT...


Charles L. Duff


Bradford Klein


Chapter 11

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir

Movant(s):

THE BANK OF NEW YORK Represented By Bradford Klein

NewRez LLC DBA Shellpoint Represented By Bradford Klein

Plaintiff(s):

Charles L. Duff Represented By Jeremy H Rothstein

Cathryn A Duff Represented By Jeremy H Rothstein

11:00 AM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al


#12.00 Hearing

RE: [32] Motion to Dismiss Adversary Proceeding (Johnson, Elliot) FR. 1-7-20


Docket 32

*** VACATED *** REASON: Rescheduled by the court to 2/18/2020 at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir

Countrywide Home Loans Inc Represented By

E. Christine Hehir

Countrywide Bank, NA Represented By

E. Christine Hehir

BANK OF AMERICA Represented By

E. Christine Hehir

THE BANK OF NEW YORK Represented By Bradford Klein

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

11:00 AM

CONT...


Charles L. Duff


Chapter 11

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir

Movant(s):

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

Plaintiff(s):

Charles L. Duff Represented By Jeremy H Rothstein

Cathryn A Duff Represented By Jeremy H Rothstein

11:00 AM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al


#13.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01059. Complaint by Charles L. Duff against Countrywide Financial Corporation, Countrywide Home Loans Inc, Countrywide Bank, NA, BANK OF AMERICA, THE BANK OF NEW YORK MELLON, FKA,

BAYVIEW LOAN SERVICING, LLC, NewRez LLC DBA Shellpoint Mortgage Servicing, LandSafe, Inc., LandSafe Appraisal, Inc. n/k/a CoreLogic, Inc.. (Charge To Estate). Complaint For: (1) Violations of Californias Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.); (2) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)); (3) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.

§ 1962(d)); (4) Unjust Enrichment; (5) Fraud; (6) Violations of the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 1692p) (7) Breach of Covenant of Good Faith and Fair Dealing; and (8) Promissory Estoppel Nature of Suit: (14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Rothstein, Jeremy)


FR. 1-8-20

FR. 1-7-20


Docket 1

*** VACATED *** REASON: Rescheduled by the court to 2/18/2020 at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

11:00 AM

CONT...


Charles L. Duff


E. Christine Hehir


Chapter 11

Countrywide Home Loans Inc Represented By

E. Christine Hehir

Countrywide Bank, NA Represented By

E. Christine Hehir

BANK OF AMERICA Represented By

E. Christine Hehir

THE BANK OF NEW YORK Represented By Bradford Klein

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir

Plaintiff(s):

Charles L. Duff Represented By Jeremy H Rothstein

Cathryn A Duff Represented By Jeremy H Rothstein

3:00 PM

9:15-12199


Aimee Nozzi


Telephonic Hearing


Chapter 11

#1.00 CONT'D Hearing

RE: [414] Motion for Setting Property Value for 966 Ruby Avenue, Ventura, California; Declarations of Aimee Nozzi and Kevin Masterson


FR. 11-5-19, 1-6-20, 1-16-20


Docket 414

*** VACATED *** REASON: Rescheduled by the Court to January 30, 2020, at 1:30 p.m.

Tentative Ruling:

Party Information

Debtor(s):

Aimee Nozzi Represented By

Stella A Havkin

Movant(s):

Aimee Nozzi Represented By

Stella A Havkin

3:00 PM

9:15-12199


Aimee Nozzi


Telephonic Hearing


Chapter 11

#2.00 CONT'D Amended Disclosure Statement Third Amended; Declarations of Aimee Nozzi and Stella Havkin Filed by Debtor Aimee Nozzi (RE: related document(s)199 Disclosure Statement Second Amended; Declarations of Aimee Nozzi and Stella Havkin Filed by Debtor Aimee Nozzi. (Attachments: # 1 Index part 2 # 2 Index part 3 # 3 Index PART 4)). (Havkin, Stella)


FR. 11-5-19, 1-6-20, 1-16-20


Docket 416

*** VACATED *** REASON: Rescheduled by the Court to January 30, 2020, at 1:30 p.m.

Tentative Ruling:

11/5/19 tentative ruling:

Deny approval. This is a sloppy document with many errors and omissions. Please have some dates in mind for filing an amended plan and disclosure statement, as well as resolution of the valuation issue and the dispute over separate classification of the Nifong claim.

Party Information

Debtor(s):

Aimee Nozzi Represented By

Stella A Havkin

11:00 AM

1:19-12866


Studio Production Center, Inc.


Chapter 11

Adv#: 1:19-01145 Studio Production Center, Inc. et al v. Imagecraft Productions, Inc.


#1.00 Hearing RE: [4] Motion for a temporary restraining order Notice of Application and Application for Temporary Restraining Order and Preliminary Injunction For Ridgley Conlan, Debtor's Chief Executive

fr. 1-15-20


Docket 4


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner

Defendant(s):

Imagecraft Productions, Inc. Pro Se

Plaintiff(s):

Studio Production Center, Inc. Represented By David Brian Lally

Ridgley Conlan Represented By David Brian Lally

11:00 AM

1:19-11629


Valley Economic Development Center, Inc.


Chapter 11


#2.00 Hearing RE: [300] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 508 Westminster Ave., Newport Beach, CA 92663 .


Docket 300


Tentative Ruling:

The court sees no cause for relief here.


The Movant isusing a valuation from three months before the petition date, and there is certainly no evidence that the property is declining in value (indeed, evidence submitted by the first trust deed holder suggests the opposite). The Movant's own valuation (which is questionable) demonstrates an equity cushion of over 19%.


The Debtor has filed a plan and disclosure statement.


The Movant misstates the legal standard by suggesting that the Debtor must demonstrate some harm if relief is granted; the Debtor need only show that the Movant is adequately protected, which the Debtor does here by pointing out the equity cushion and lack of evidence that the property is declining in value.


Deny.


Debtor(s):


Party Information

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik

Krikor J Meshefejian Lindsey L Smith

11:00 AM

1:19-11629


Valley Economic Development Center, Inc.


Chapter 11


#3.00 CONTD. Hrg. re [13] Debtors Motion to Approve Use of Cash Collateral fr. 7-10-19,7-30-19,8-28-19,9-24-19,10-24-19, 11-22-19, 12-30-19


Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong

11:00 AM

1:19-11629


Valley Economic Development Center, Inc.


Chapter 11


#4.00 HearingRE: [282] Debtor's Motion For Entry Of Order Approving Disclosure Statement Describing Debtor's Liquidating Plan (Dated December 17, 2019)


Docket 282


Tentative Ruling:

While the court appreciates that the debtor has attempted to address the disclosure-related objections by attaching a new plan and disclosure statement to its reply papers, the court is not in a position to approve the amended disclosure statement today. The objections raised a number of issues, and the court and all parties in interest need time to review the amended document; there may also be additional changes to be made after the hearing. We can discuss at the hearing a schedule for filing the amended disclosure statement and setting a new hearing (including a discussion of an appropriate amount of notice).

Party Information

Debtor(s):

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik

Krikor J Meshefejian Lindsey L Smith

1:30 PM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#5.00 Hearing

RE: [97] Motion to Dismiss Adversary Proceeding Claims 15 and 16 with Prejudice with Notice and Proof of Service


FR. 12-17-19, 1-13-20


Docket 97


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Gurpreet Sahani Represented By Lewis R Landau

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Movant(s):

Gurpreet Sahani Represented By Lewis R Landau

1:30 PM

CONT...


Rajysan, Inc.


Chapter 11

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Chad V Haes

D Edward Hays

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant

1:30 PM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#6.00 CONT'D Hearing

RE: [81] Motion to Expunge (RE: related document(s)6 Notice). Notice of Motion and Motion to Expunge Notice of Pendency of Action with Proof of Service


FR. 10-10-19, 11-5-19, 12-17-19, 1-13-20


Docket 81


Tentative Ruling:

Third Amended Complaint was filed on 10/23/19.

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Gurpreet Sahani Represented By Lewis R Landau

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Movant(s):

Gurpreet Sahani Represented By Lewis R Landau

1:30 PM

CONT...


Rajysan, Inc.


Chapter 11

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Chad V Haes

D Edward Hays

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant


Wednesday, January 29, 2020

Hearing Room

201


11:30 AM

9:19-11804


Randy Bell Danks, Jr. and Nicole Marie Danks


Chapter 7


#0.00 Reaffirmation Hearing Date SetRE: [17] Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2017 Ford Escape)


Docket 17

Party Information

Debtor(s):

Randy Bell Danks Jr. Represented By Nicholas M Wajda

Joint Debtor(s):

Nicole Marie Danks Represented By Nicholas M Wajda

Trustee(s):

Jeremy W. Faith (TR) Pro Se

1:30 PM

9:15-12199

Aimee Nozzi

Telephonic Hearing

Chapter 11

#1.00 CONT'D Hearing

RE: [414] Motion for Setting Property Value for 966 Ruby Avenue, Ventura, California; Declarations of Aimee Nozzi and Kevin Masterson


FR. 11-5-19, 1-6-20, 1-16-20, 1-23-20


Docket 414

Tentative Ruling:

Party Information

Debtor(s):

Aimee Nozzi Represented By

Stella A Havkin

Movant(s):

Aimee Nozzi Represented By

Stella A Havkin

1:30 PM

9:15-12199


Aimee Nozzi


Telephonic Hearing


Chapter 11

#2.00 CONT'D Amended Disclosure Statement Third Amended; Declarations of Aimee Nozzi and Stella Havkin Filed by Debtor Aimee Nozzi (RE: related document(s)199 Disclosure Statement Second Amended; Declarations of Aimee Nozzi and Stella Havkin Filed by Debtor Aimee Nozzi. (Attachments: # 1 Index part 2 # 2 Index part 3 # 3 Index PART 4)). (Havkin, Stella)


FR. 11-5-19, 1-6-20, 1-16-20, 1-23-20


Docket 416


Tentative Ruling:

11/5/19 tentative ruling:

Deny approval. This is a sloppy document with many errors and omissions. Please have some dates in mind for filing an amended plan and disclosure statement, as well as resolution of the valuation issue and the dispute over separate classification of the Nifong claim.

Party Information

Debtor(s):

Aimee Nozzi Represented By

Stella A Havkin

11:00 AM

2:09-19825


S&B Surgery Center


Chapter 11

Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al


#1.00 CONTD. Status Conference re: [1] Removal) Nature of Suit: (01 (Determination of removed claim or cause)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment)) filed by Plaintiff Lawfund Management Group, LLC, Plaintiff LAWFUND MANAGMENT GROUP, LLC).


fr. 6-27-18, 8-1-18, 8-30-18fr.8-29-18

fr.9-17-18fr.8-28-19fr. 11-6-18fr. 10-7-19

fr. 11-12-2019

fr. 12-19-19

fr. 1-14-20


Docket 1

*** VACATED *** REASON: Rescheduled by the court to 2/5/20 at 1:30

P.M.

Party Information

Debtor(s):

S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur

Defendant(s):

Buchalter, APC Represented By Daniel J McCarthy

Claudia SPRINGER Represented By

Pamela Kohlman Webster

George Singer Represented By

Pamela Kohlman Webster

James Wong Represented By

Matthew A Lesnick

11:00 AM

CONT...


S&B Surgery Center


Chapter 11

Plaintiff(s):

Lawfund Management Group, LLC Represented By

Herbert Dodell

LAWFUND MANAGMENT Pro Se

Trustee(s):

Nancy Hoffmeier Zamora Pro Se

11:00 AM

2:09-19825


S&B Surgery Center


Chapter 11

Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al


#2.00 Hearing RE: [41] Motion of Buchalter, APC to Dismiss Second, Third and Fourth Claims in Plaintiffs First Amended Complaint;


fr.8-29-18,fr.9-17-18fr. 11-6-18fr.8-28-19 fr. 10-7-19

fr. 11-12-2019

fr. 12-19-19

fr. 1-14-20


Docket 41

*** VACATED *** REASON: Rescheduled by the court to 2/5/20 at 1:30

P.M.

Party Information

Debtor(s):

S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur

Defendant(s):

Buchalter, APC Represented By Daniel J McCarthy

Claudia SPRINGER Represented By Jasmin Yang Craig E Holden

George Singer Represented By Jasmin Yang

S&B Surgery Center Creditor Trust Represented By

Jasmin Yang

11:00 AM

CONT...


S&B Surgery Center


Chapter 11

Plaintiff(s):

Lawfund Management Group, LLC Represented By

Herbert Dodell

LAWFUND MANAGMENT Represented By Perry R Fredgant

Trustee(s):

Nancy Hoffmeier Zamora Pro Se

11:00 AM

2:09-19825


S&B Surgery Center


Chapter 11

Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al


#3.00 Hearing RE: [36] Motion to Dismiss Adversary Proceeding


fr.8-30-18fr.8-29-18fr.9-17-18fr. 11-6-18fr.8-28-19 fr. 10-7-19

fr. 11-12-2019

fr. 12-19-19

fr. 1-14-20


Docket 36

*** VACATED *** REASON: Rescheduled by the court to 2/5/20 at 1:30

P.M.

Party Information

Debtor(s):

S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur

Defendant(s):

Buchalter, APC Represented By Daniel J McCarthy

Claudia SPRINGER Represented By Jasmin Yang Craig E Holden

George Singer Represented By Jasmin Yang

S&B Surgery Center Creditor Trust Represented By

Jasmin Yang

Plaintiff(s):

Lawfund Management Group, LLC Represented By

11:00 AM

CONT...


S&B Surgery Center


Herbert Dodell


Chapter 11

LAWFUND MANAGMENT Represented By Perry R Fredgant

Trustee(s):

Nancy Hoffmeier Zamora Pro Se


Monday, February 3, 2020

Hearing Room

201


1:00 PM

9:18-12087


Green Pharmaceuticals, Inc.

Telephonic Hearing


Chapter 11

#1.00 CONT'D Hearing on Confirmation of Chapter 11 Plan of Reorganization (RE: related document(s)[125] Chapter 11 Plan filed by Debtor Green Pharmaceuticals, Inc., and [144] Amended Chapter 11 Plan filed by Debtor Green Pharmaceuticals, Inc.)


FR. 10-15-19, 11-14-19,12-16-19


Docket 125


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Green Pharmaceuticals, Inc. Represented By Steven R Fox

W. Sloan Youkstetter Janis G Abrams

11:30 AM

9:17-11579


Robert Hesselgesser M.D.


Chapter 7


#1.00 Hearing

RE: [360] and [362] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1731 Schoolhouse Cir, Westlake Village, CA 91362 . (Kaufmann, Kelly)


Docket 360


Tentative Ruling:

Continue for proper service. There are several defects in service, which must be made on all other lienholders pursuant to LBR 4001-1(c)(1)(C)(iv).


  1. The motion lists a lien held by "Laura Ann Hartz" and served that lienholder at the address listed on the debtor's schedules. However, a proof of claim was filed by Laura Ann Hartz, Patricia Scarfone-Sulz, and Sandra Lee Dawson (Claim 33). There is no indication on the proof of service that these parties were served at the address (counsel) listed on the proof of claim.


  2. The IRS, which filed a claim secured by all property, including real estate, was not served (or listed as a lienholder)


  3. The proof of service does not indicate proper service on insured depository institutions including Citibank, Bank of the Sierra, and Union Bank.


Pacific Western Bank and U.S. Bank (whose lien is identified in the motion as held by SPS) have appeared in this case, and their counsel received NEF service -- although the court had to verify this on its own because the proof of service does not reflect this form of service, and the other information on the proof of service would not have established proper service.


As to Citibank, Bank of the Sierra, and Union Bank, two (Citibank and Union Bank) were served at generic "officer" addresses -- not naming a specific officer. Bank of the Sierra did not even have that. Citibank

11:30 AM

CONT...


Robert Hesselgesser M.D.

was served at an address that does not match the addres listed with the FDIC. Union Bank and Bank of the Sierra were also not served at their FDIC addresses, or even on the addresses given on their proofs of claim.


Chapter 7


The first available hearing date to allow for service and proper notice is March 3, 2020 at 11:30 a.m. No appearances unless counsel for the movant would like to request a later hearing date.

Party Information

Debtor(s):

Robert Hesselgesser M.D. Pro Se

Movant(s):

JPMorgan Chase Bank, National Represented By

Nancy L Lee

Kelly M Kaufmann

Trustee(s):

Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen

11:30 AM

9:20-10018


Linda Casey


Chapter 7


#2.00 HearingRE: [6] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Residence (with proof of service).


Docket 6


Tentative Ruling:

PNC was not properly served under FRBP 7004(h). The motion indicates regular mail service at a P.O. box in Dayton, Ohio. No officer is listed, and this is not the PNC Bank address listed with the FDIC.


Further, the motion sets forth no basis to negate the existence of or overcome a presumption under § 362(c)(3) that this case was not filed in good faith as to all creditors or specifically as to PNC.


The court notes that the debtor still can receive a discharge in this case, which appears to be of paramount concern based on the motion.


Deny.


Debtor(s):


Party Information

Linda Casey Represented By

Todd J Mannis

Movant(s):

Linda Casey Represented By

Todd J Mannis

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:18-11352


Off The Grid, LLC and Centrally Grown Holdings, LLC


Chapter 7


#3.00 Hearing

RE: [184] Verified Application for Payment of Administrative Claim by Court- Approved Stalking Horse Bidder, GJD Holdings, LLC


FR. 2-11-19, 4-15-19, 7-16-19, 2-5-20


Docket 184

*** VACATED *** REASON: Stipulated order entered on 1/13/2020. Hearing continued to April 7, 2020 at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney

Joint Debtor(s):

Centrally Grown Holdings, LLC Represented By

Lewis R Landau

Red Mountain Farms, LLC Represented By Lewis R Landau

Movant(s):

GJD Holdings LLC Represented By Ali M Mojdehi Janet D Gertz

Trustee(s):

Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo

11:30 AM

CONT...


Off The Grid, LLC and Centrally Grown Holdings, LLC


Chapter 7

11:30 AM

9:15-10116


Arden Rose


Chapter 7


#4.00 Hearing

RE: [254] Application for Compensation for an Order Approving Disbursement of Fees and Costs to Special Counsel for Bradford T Child, Special Counsel, Period: 7/14/2017 to 11/30/2019, Fee: $232,000, Expenses: $25,645.14. (Child, Bradford)


Docket 254

*** VACATED *** REASON: Order vacating hearing was entered on 1/28/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Arden Rose Represented By

Bradford T Child

Movant(s):

Arden Rose Represented By

Bradford T Child Bradford T Child

Trustee(s):

Jerry Namba (TR) Represented By Matthew A Lesnick Debra E Cardarelli

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11


#5.00 HearingRE: [371] Motion to Reconsider NOTICE OF MOTION AND MOTION FOR RECONSIDERATION OF ORDER DENYING STIPULATION TO AMEND RELIEF FROM STAY ORDER ENTERED ON APRIL 1, 2019; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF GREGORY W. YOUNG IN SUPPORT THEREOF


Docket 371

Tentative Ruling:

Deny. This is a motion utterly without merit.

It's important to remember the events leading up to this motion for reconsideration (the "Motion"). On 1/8/19 (the "Original Order," Docket No. 278), the court granted an unusual "unlawful detainer" motion for relief from stay filed by the landlord (the "Landlord") of a storage facility in Las Vegas containing unknown property that the chapter 11 trustee (the "Trustee") believed were collector cars in which the estate could claim an interest. The relief granted by the court contemplated that the Landlord would regain possession of the premises and liquidate the property it found, with proceeds to be paid to the Trustee after deducting the Landlord’s and auctioneer’s expenses and fees. The Landlord was to provide a statement accounting for the sale proceeds and use best efforts to obtain a declaration as to the lack of relationship between any purchaser and any member of the Choudhury family.

On 3/28/19, the Trustee and the Landlord filed a stipulation requesting amendment of the original order (the "First Stipulation," Docket No. 318). The First Stipulation indicated that the Landlord had found a purchaser for the cars in the warehouse who asserted no connection to the Debtors or the Choudhury family. The Landlord and the Trustee stipulated to a request that the court amend the Original Order to identify specific cars by year, make, model, and VIN, and to include a provision that the Trustee had no information and made no warranties as to the cars. The court entered the amended order on 4/1/19 (the "Amended Order," Docket No. 320).

11:30 AM

CONT...

Bikram's Yoga College of India LP, a limited

On 11/20/19, the Trustee and Gregory Warren Young (through the

Chapter 11

same counsel that had represented the Landlord) filed another stipulation (the "Second Stipulation," Docket No. 355) with a number of terms, including a "stipulation" that the court further amend the relief from stay order. The Second Stipulation states that Mr. Young purchased the cars but does not specify how or when he purchased them. In the Second Stipulation, Mr.

Young "represented" that the cars had "slight modifications to some of the Models and [VINs]" but were the same cars referred to in the Original Order and the Amended Order. The Second Stipulation further stated that the DMV would not transfer title to Mr. Young "without a court order directing the DMV to issue title" to him. The Second Stipulation stated that the Trustee was willing to assist but had no information regarding the cars and could not make any representations or warranties.


The court declined to approve the Second Stipulation, entering an order (the "Denial Order," Docket No. 365) on 12/16/19.


This motion followed.


A motion for reconsideration under Rule 59 is an extraordinary remedy that is used sparingly. Absent highly unusual circumstances, a motion for reconsideration of a judgment will not be granted except on one or more of the following grounds: (1) to correct a manifest error of law or fact on which the judgment is based; (2) to allow the movant to present newly discovered or previously unavailable evidence; (3) to prevent manifest injustice; or (4) to address an intervening change in controlling law. McDowell v. Calderon, 197 F.3d 1253, 1255 (9th Cir. 1999). It is the moving party’s burden to show what new or different facts and circumstances are claimed to exist which did not exist, or were not shown, upon the prior application. In addition, a Rule 59(e) motion may not be used to raise arguments or present evidence for the first time when they could reasonably have been raised earlier in the litigation.

Kona Enterprises, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir.2000).


Mr. Young urges the court to reconsider the Denial Order to prevent manifest injustice. In considering whether amendment of an order is warranted under Rule 59(e), some courts in this district have looked to Black’s Law Dictionary’s definition of "manifest injustice, which is "an error in

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited


Chapter 11

the trial court that is direct, obvious, and observable, such as a defendant's guilty plea that is involuntary or that is based on a plea agreement that the prosecution rescinds." In re Oak Park Calabasas Condominium Ass’n, 302

B.R. 682, 683 (Bankr. C.D. Cal. 2003) (quoting Black’s Law Dictionary). "The ‘manifest injustice’ contemplated by Rule 59(e) is an amorphous concept with no hard line definition." In re Henning, 420 B.R. 773, 785 (Bankr. W.D. Tenn. 2009). The movant must show an error that is "direct, obvious and observable." Id. A "showing of manifest injustice requires that there exists a fundamental flaw in the court's decision that without correction would lead to a result that is both inequitable and not in line with applicable policy." Id.


There is no showing of injustice here, and there is no basis for the court to reconsider its decision not to approve the Second Stipulation. If anything, the Motion persuades the court that the First Stipulation should not have been approved and the Amended Order should be vacated.


To begin with, there was never any request for relief from the court. Mr. Young and the Trustee entered into a stipulation, and the court declined to approve the stipulation. Many bankruptcy courts make it a practice never to approve a stipulation without a motion requesting relief and citing statutory and case authority for the relief requested. There is also nothing in the Motion that explains the basis for any claim of error as to the court’s order finding no cause shown for the court to further amend an order on the Landlord’s motion for relief based on a stipulation between the Trustee and a third party, Mr. Young.


An order on a motion for relief from stay is by necessity limited, as the relief requested is limited. The Original Order was somewhat unusual, but the Landlord and Trustee set forth a basis for the requested relief and the order provided the terms under which the Landlord was permitted to enter the warehouse, retake possession of the property there, and enforce its right to dispose of any property found on the premises.


When the Landlord found a buyer, the Landlord and the Trustee requested, by the First Stipulation, that the Original Order be amended to identify the cars. The First Stipulation did not identify Mr. Young, but asserted that the prospective buyer asked the Landlord to seek amendment of the

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited


Chapter 11

Original Order "to identify the vehicles being sold to avoid anticipated problems with the [DMV]." Mr. Young confirms this, saying in the Motion that he requested this information be added to the order. To the extent Mr. Young has had difficulty since purchasing the cars because of VIN and other discrepancies, this appears to be a problem of his own making – any updates and changes he may seek to that identifying information can only be because he asked for incorrect or incomplete information prematurely. This is not a delay or problem caused by any order of the court; by Mr. Young’s admission, it was done at his request. The Original Order included no identifying information that could be flagged as inconsistent with the personal property eventually found by the Landlord upon taking possession of the premises.


It is notable that neither Mr. Young nor the Landlord has provided the court with any details of the sale. The court doesn't even know when the sale was, let alone its terms. The Trustee has always stated that the Trustee and the debtors could make no representations or warranties as to the property liquidated by the Landlord. The court is being asked, in effect, to give Mr.

Young the benefit of the bargain in a purchase transaction about which the court does not have even basic information. The court cannot possibly order the Nevada DMV to issue title to Mr. Young under these circumstances.


The Motion mischaracterizes the Second Stipulation. The Motion suggests that all Mr. Young ever asked for was an order directing the DMV to issue title in his name. Setting aside for the moment whether such an order was properly requested or could be granted, the Second Stipulation also asked the court to amend the Amended Order to reconcile "slight changes" to the description of the cars. The Second Stipulation asserted that there were slight changes to "some of the Models and the [VINs]" but that "these are the same Las Vegas Cars purchased" that were the subject of the Original Order and the Amended Order. This is untrue. Not a single model or VIN changed between the lists in the First Stipulation and the Second Stipulation. Three things did change: (1) one car identified on the First Stipulation as a 1979 car had the year changed to 1983; (2) a 1960 Bentley S2 was removed from the list; and (3) a 1965 Bentley S3 was removed from the list. These changes conflict with the characterization in the Second Stipulation that it was the same list of cars. To this date, no party, including Mr. Young, has offered any actual evidence regarding the property found in the warehouse and sold by

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited


Chapter 11

the Landlord. On even closer inspection of the lists attached to the stipulations, it appears that the removed cars were listed on the First Stipulation with VINs matching two other cars – the deleted 1960 Bentley S2 had the same VIN as a separately listed 1955 Bentley S2, and the deleted 1965 Bentley S3 had the same VIN as a separately listed 1965 Rolls Royce Silver Cloud. Despite the unhelpful characterization of the Second Stipulation as "slight changes" to models and VINs of "the same … cars," there were simply two cars deleted, and one car had the year changed. The court was left to figure out on its own the changes proposed by the Second Stipulation -- none of Mr. Young, the Landlord, or the Trustee made any attampt to explain to the court the discrepancies that Mr. Young asserts must be corrected to prevent "manifest injustice."


Not only did the Second Stipulation lack any information demonstrating that the court should make an amendment to the list of cars, but it also attempted to "stipulate" that the court should enter an order compelling yet another third party, the Nevada DMV, to issue title to Mr. Young. This is not relief that can be demanded of a court by stipulation. Moreover, even if the Second Stipulation had been a properly noticed motion requesting such an order, the Nevada DMV is not before this court, and the court has no basis on which to conclude that it can exercise jurisdiction over the Nevada DMV or direct it to take any action. The court does not even know what problems have arisen between Mr. Young and the DMV. Mr. Young testifies only that he spoke with "Rebecca" at the Nevada DMV, offering hearsay testimony that Rebecca said that the DMV would "immediately issue [Mr. Young] titles … upon receipt of a bankruptcy court order directing the DMV to do so." This hearsay is not a basis for the court to order the Nevada DMV to do anything, even if the court had some basis to conclude that title should be issued to Mr. Young.


The court is asked to take as given that Mr. Young purchased property from the Landlord. The court knows nothing about how that property was identified or the terms of the sale. That sale did not involve the Trustee or any of the Debtors. The Original Order simply permitted the Landlord to dispose of property on its premises pursuant to applicable law. That sale was not reviewed or approved by the court.

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited

The premise of the Motion is preposterous: that it was error, or would


Chapter 11

be manifestly unjust, for this court to decline to direct the Nevada DMV, an entity not subject to this court’s jurisdiction, to issue title to Mr. Young, a stranger to these bankruptcy cases, in connection with his purchase from the Landlord, without any involvement of the Debtors or the Trustee in that purchase. Not only was the Denial Order correct in stating that there was no cause shown for the "relief" Mr. Young sought by stipulation, but it is difficult to imagine how cause ever could be shown for this court to compel the Nevada DMV to act. On the record before the court, it would be error for the court to do as Mr. Young requests.


Mr. Young has failed to show that this court should change the Denial Order to prevent manifest injustice. He evidently has encountered problems with property he purchased from the Landlord. Despite his attempt in the Motion to blame these cases for "taint[ing]" his purchase, the Debtors and these cases were not involved in the transaction between Mr. Young and the Landlord. Mr. Young is free to seek whatever relief is available to him pursuant to the terms of his agreement with the Landlord. He is free to pursue with the Nevada DMV whatever options are available for obtaining title to the property he claims to have purchased. But this court will not enter an order not justified by evidence or law for Mr. Young’s convenience.


Party Information

Debtor(s):

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Movant(s):

Ian S. Landsberg Represented By Ian Landsberg

Trustee(s):

Robbin L Itkin (TR) Represented By

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited

Eric D Goldberg David M Riley Robbin L. Itkin


Chapter 11

11:30 AM

9:18-10790


Rochelle S. Rosenthal


Chapter 7

Adv#: 9:19-01026 Pastora v. Rosenthal


#6.00 CONT'D Status Hearing RE: [1] Complaint and [14] Amended Complaint by Eva Pastora against Rochelle S. Rosenthal. (Nondischargeability for Obtaining Funds Through Actual Fraud and False Pretense § 523(a)(2)(A)) (Winfield, William)


FR. 8-14-19, 10-29-19, 2-5-20


Docket 14

*** VACATED *** REASON: Continued to April 7, 2020 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rochelle S. Rosenthal Represented By Reed H Olmstead

Defendant(s):

Rochelle S. Rosenthal Represented By Reed H Olmstead

Plaintiff(s):

Eva Pastora Represented By

William E. Winfield

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-10127


Kenneth L. McMahon


Chapter 7

Adv#: 9:19-01046 Kapitus Servicing, Inc., formerly known as Colonia v. McMahon et al


#7.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01046. Complaint by Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc., as servicing agent for Cashio against Kenneth L. McMahon, Jacqueline Lee McMahon. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Harvey, Brian)


FR: 10-29-19, 2-5-20


Docket 1

*** VACATED *** REASON: Continued to April 7, 2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kenneth L. McMahon Represented By Andrew S Mansfield

Defendant(s):

Kenneth L. McMahon Represented By Christina Vanarelli

Jacqueline Lee McMahon Represented By Christina Vanarelli

Joint Debtor(s):

Jacqueline Lee McMahon Represented By Andrew S Mansfield

Plaintiff(s):

Kapitus Servicing, Inc., formerly Represented By

Brian T Harvey

11:30 AM

CONT...

Trustee(s):


Kenneth L. McMahon


Chapter 7

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et


#8.00 Hearing

RE: [231] Motion to Consolidate with


Docket 231

*** VACATED *** REASON: Motion being heard at Calendar #10 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

DHAN, LLC Pro Se

CIT BANK, N.A. Pro Se

Duff & Phelps Represented By Christopher O Rivas

Electro Optical Industries Represented By Peter J Benvenutti Tobias S Keller David A Taylor

CTS Corporation Represented By Jonathan Boustani Paul J Laurin

CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin

Grant Thornton, LLP Represented By

11:30 AM

CONT...


Channel Technologies Group, LLC


Ian Landsberg


Chapter 11

Pengdi Han, Dhan, LLC Pro Se

Avante Mezzanine Partners II, Inc. Represented By

Brian L Davidoff Keith Patrick Banner

Avante Mezzanine Partners SBIC, Represented By

Brian L Davidoff Keith Patrick Banner

Fidus Mezzanine Capital II, L.P. Represented By

Brian L Davidoff Keith Patrick Banner

Fidus Investment Corporation Represented By Brian L Davidoff

Keith Patrick Banner

BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg

Blue Wolf Capital Advisors L.P. Represented By

Christopher O Rivas Howard Steinberg

Gladstone Investment Corporation Represented By

Cheryl S Chang Craig N Haring

Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg

Blue Wolf Capital Partners, LLC Represented By

Christopher O Rivas Howard Steinberg

11:30 AM

CONT...

Movant(s):


Channel Technologies Group, LLC


Chapter 11

Grant Thornton, LLP Represented By Ian Landsberg

Plaintiff(s):

Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et


#9.00 CONT'D Status Hearing

RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)


FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19

ADVANCED FROM 1-8-20, 1-7-20


Docket 156


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

CIT BANK, N.A. Pro Se

Duff & Phelps Represented By Christopher O Rivas

Electro Optical Industries Represented By

11:30 AM

CONT...


Channel Technologies Group, LLC


Peter J Benvenutti Tobias S Keller David A Taylor


Chapter 11

CTS Corporation Represented By Jonathan Boustani Paul J Laurin

CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin

Grant Thornton, LLP Represented By Ian Landsberg

Pengdi Han, Dhan, LLC Pro Se

DHAN, LLC Pro Se

Avante Mezzanine Partners II, Inc. Represented By

Brian L Davidoff Keith Patrick Banner

Fidus Mezzanine Capital II, L.P. Represented By

Brian L Davidoff Keith Patrick Banner

Fidus Investment Corporation Represented By Brian L Davidoff

Keith Patrick Banner

BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg

Blue Wolf Capital Advisors L.P. Represented By

Christopher O Rivas Howard Steinberg

Gladstone Investment Corporation Represented By

Cheryl S Chang Craig N Haring

11:30 AM

CONT...


Channel Technologies Group, LLC


Chapter 11

Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg

Blue Wolf Capital Partners, LLC Represented By

Christopher O Rivas Howard Steinberg

Avante Mezzanine Partners SBIC, Represented By

Brian L Davidoff Keith Patrick Banner

Plaintiff(s):

Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:19-01019 Corporate Recovery Associates, LLC v. Grant Thornton, LLP


#10.00 HearingRE: [33] Motion to Consolidate with


Docket 33

Tentative Ruling:


Rule 42 states: "If actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or delay." Fed. R. Civ. P. 42(a) (emphasis added); Fed. R. Bankr. P. 7042. "The district court has broad discretion under [Rule 42(a)] to consolidate cases pending in the same district." Investor Research Co. v. U.S. Dist. Court for Cent. Dist. of Cal., 877 F.2d 777, 777 (9th Cir. 1989); see also Garity v. APWU Nat’l Labor Org., 828 F.3d 848, 855-56 (9th Cir. 2016) (noting that district courts have "broad discretion" under Rule 42(a) and that Rule 42(a) states a court "may" consolidate actions but that the court is not required to consolidate separately filed actions).


It does appear that the Adversary Proceedings before the court "involve a common question of law or fact," at least to some extent See Fed. R. Civ. P. 42(a). The Plaintiff did initially file some of the causes of action against Grant Thornton in the Blue Wolf Adversary (the Plaintiff subsequently sought to sever and consolidate those causes of action against Grant Thornton with the other causes of action separately filed in the Grant Thornton Adversary). Thus, the Plaintiff has acknowledged, at least implicitly, that the actions in the Adversary Proceedings involve a common question of law or fact because the severed causes of action against Grant Thornton were originally pled in the Blue Wolf Adversary.


The court finds that the Plaintiff’s arguments in the opposition are more persuasive, especially considering that approximately 6 months ago, the court severed and consolidated the Plaintiff’s causes of action against Grant Thornton in the Blue Wolf Adversary with the other claims in the Grant Thornton Adversary. While this is not strictly a relitigation of the exact same matters, the issue of consolidation was recently before the court and decided in a matter inconsistent with the relief requested in this

11:30 AM

CONT...


Channel Technologies Group, LLC


Chapter 11

Motion.


The court also notes that the questions of fact and law between the Adversary Proceedings are not overlapping to the extent that Grant Thornton argues in its Motion. There are no alter ego theories alleged in the Grant Thornton Adversary that the court would need to determine before disposition, but there are alter ego theories in the Blue Wolf Adversary that would need to be decided before disposition. Grant Thornton fails to identify or explain what issue of law is common to the Plaintiff’s prepetition and post-petition causes of action. And the Blue Wolf Adversary involves fraudulent transfer claims, which require that the Plaintiff demonstrate an actual intent to hinder, delay, or defraud creditors, while the Grant Thornton Adversary involves post-petition transaction claims under § 549(a), which do not require a showing of fraudulent intent.


Grant Thornton’s assertion that failure to consolidate would be a "major burden" on discovery is unsupported and ignores the efficiencies of narrowing disputes and discovery in the Grant Thornton Adversary.

Applying the court’s "broad discretion," the court's tentative ruling is to deny the request by Grant Thornton to consolidate the Adversary Proceedings for pretrial discovery purposes. As the Plaintiff contends, the interests of judicial economy and efficiency will be best served by narrowing the disputes and narrowing the discovery in the Grant Thornton Adversary without consolidating the actions. As this court has already exercised its discretion to sever and consolidate the causes of action against Grant Thornton, there does not appear to be any good cause to re-litigate or otherwise reassess the earlier order of the court.

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

Grant Thornton, LLP Represented By Ian Landsberg

11:30 AM

CONT...

Movant(s):


Channel Technologies Group, LLC


Chapter 11

Grant Thornton, LLP Represented By Ian Landsberg

Plaintiff(s):

Corporate Recovery Associates, Represented By Felicita A Torres Christian A Orozco

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:19-01019 Corporate Recovery Associates, LLC v. Grant Thornton, LLP


#11.00 CONT'D Status Hearing

RE: [1] and [10] Adversary case 9:19-ap-01019. Complaint by Corporate Recovery Associates, LLC against Grant Thornton, LLP. (Charge To Estate). Complaint to (1) Avoid and Recover Unauthorized Post-Petition Transfers; (2) Avoid and Recover Fraudulent Transfers Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)) (Torres, Felicita).


FR. 7-3-19, 7-23-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19

ADVANCED FROM 1-8-20, 1-7-20


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

Grant Thornton, LLP Represented By Ian Landsberg

Plaintiff(s):

Corporate Recovery Associates, Represented By Felicita A Torres Christian A Orozco

11:30 AM

9:19-11779


Alberto Gomez Ramos and Julia Ambriz Ramos


Chapter 7


#12.00 Reaffirmation Hearing Date Set

RE: [9] Reaffirmation Agreement Between Debtor and Montecito Bank & Trust


Docket 9

*** VACATED *** REASON: Rescheduled for February 18th at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alberto Gomez Ramos Represented By Todd J Mannis

Joint Debtor(s):

Julia Ambriz Ramos Represented By Todd J Mannis

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-11839

James C. Marshall

Chapter 7

#13.00 Reaffirmation Hearing Date Set

RE: [8] Pro se Reaffirmation Agreement Between Debtor and Coasthills Credit Union

Docket 8

*** VACATED *** REASON: Rescheduled for February 18th at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James C. Marshall Represented By Brent D George

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11904

Humberto Pantoja

Chapter 7

#14.00 Reaffirmation Hearing Date Set

RE: [7] Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corp (Rafferty, John)

Docket 7

*** VACATED *** REASON: Rescheduled for February 18th at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Humberto Pantoja Represented By Michael B Clayton

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-11944

Andre L Brown

Chapter 7

#15.00 Reaffirmation Hearing Date Set

RE: [8] Pro se Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc.

Docket 8

*** VACATED *** REASON: Rescheduled for February 18th at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andre L Brown Represented By Michael B Clayton

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-11944

Andre L Brown

Chapter 7

#16.00 Reaffirmation Hearing Date Set

RE: [11] Pro se Reaffirmation Agreement Between Debtor and Americredit Financial Services, Inc. Dba GM Financial

Docket 11

*** VACATED *** REASON: Rescheduled for February 18th at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andre L Brown Represented By Michael B Clayton

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-12003

James B. Rickard, III

Chapter 7

#17.00 Reaffirmation Hearing Date Set

RE: [8] Pro se Reaffirmation Agreement Between Debtor and Americredit Financial Services, Inc. Dba GM Financial

Docket 8

*** VACATED *** REASON: Rescheduled for February 18th at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

James B. Rickard III Represented By William C Beall

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:18-10785

Charles Ardeil Hamm, II

Chapter 7

Adv#: 9:18-01045 Burcar et al v. Hamm, II

#18.00 CONT'D Hearing

RE: [58] Motion For Summary Judgment (Belton, Jeffrey) FR. 1-22-20

Docket 58


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles Ardeil Hamm II Pro Se

Defendant(s):

Charles Ardeil Hamm II Pro Se

Movant(s):

Shanna Burcar Represented By Jeffrey Belton

John C. Barlow Represented By Jeffrey Belton

Nancy Barlow Represented By Jeffrey Belton

Shanna Burcar Pro Se

John C. Barlow Pro Se

Nancy Barlow Pro Se

John C. Barlow Pro Se

Nancy Barlow Pro Se

11:30 AM

CONT...


Charles Ardeil Hamm, II


Chapter 7

Shanna Burcar Pro Se

Plaintiff(s):

Shanna Burcar Represented By Jeffrey Belton

John C. Barlow Represented By Jeffrey Belton

Nancy Barlow Represented By Jeffrey Belton

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:18-10785


Charles Ardeil Hamm, II


Chapter 7

Adv#: 9:18-01045 Burcar et al v. Hamm, II


#19.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01045. Complaint by Shanna Burcar , John C. Barlow , Nancy Barlow against Charles Ardeil Hamm II. (Natures of Suit: (68 (Dischargeability - 523(a)(6) willful and malicious injury)) ,(64 (Dischargeability - 523(a)(15), divorce/sep property settlement/decree))

FR. 10-24-18, 11-14-18, 2-12-19, 3-19-19, 7-16-19, 9-11-19, 1-22-20 AND

Status Hearing

Re: [24] Counterclaims by Charles Ardeil Hamm II against all plaintiffs Filed by Charles Ardeil Hamm II

FR. 1-30-19, 2-12-19, 7-16-19, 9-11-19


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles Ardeil Hamm II Pro Se

Defendant(s):

Charles Ardeil Hamm II Pro Se

Plaintiff(s):

Shanna Burcar Represented By Jeffrey Belton

John C. Barlow Represented By Jeffrey Belton

Nancy Barlow Represented By Jeffrey Belton

11:30 AM

CONT...

Trustee(s):


Charles Ardeil Hamm, II


Chapter 7

Jerry Namba (TR) Pro Se

11:00 AM

1:19-12539


Enrique Oscar Rollandi Martinasso


Chapter 11


#1.00 Hearing RE: [47] U.S. Trustee Motion to dismiss or convert case;


Docket 47

*** VACATED *** REASON: Contd. by Stip to 3/10/20 at 11AM; Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Enrique Oscar Rollandi Martinasso Represented By

Onyinye N Anyama

11:00 AM

1:19-12259

Linda Jean Phillips

Chapter 11

#2.00 CONTD. Status Hearing RE: [1] Chapter 11 Voluntary Petition Individual.

Fr.10-22-19,12-4-19

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Linda Jean Phillips Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:00 AM

1:20-10010


Megna Real Estate Holdings, Inc.


Chapter 11


#3.00 Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual.


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Megna Real Estate Holdings, Inc. Represented By

Mark T Young

11:00 AM

1:20-10014


NSK Group, Inc.


Chapter 11


#4.00 Status Hearing RE: [1] Chapter 11 Voluntary Petition


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

NSK Group, Inc. Represented By Kateryna Bilenka

11:00 AM

1:20-10256


NAI Capital, Inc.


Chapter 11


#4.10 Hearing RE: [6] Emergency Motion And Emergency Motion For Entry Of An Order Authorizing Debtor To Provide Adequate Assurance Of Future Payment To Utility Companies Pursuant To 11 U.S.C. § 366;


Docket 6


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

11:00 AM

1:20-10256


NAI Capital, Inc.


Chapter 11


#4.30 Hearing RE: [5] Motion And Emergency Motion For Authority To (1) Pay Prepetition Priority Wages And Salaries; And (2) Honor Paid Time Off And Benefits Obligations;


Docket 5


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

1:30 PM

2:09-19825


S&B Surgery Center


Chapter 11

Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al


#8.00 Hearing RE: [41] Motion of Buchalter, APC to Dismiss Second, Third and Fourth Claims in Plaintiffs First Amended Complaint;


fr.8-29-18,fr.9-17-18fr. 11-6-18fr.8-28-19 fr. 10-7-19

fr. 11-12-2019

fr. 12-19-19

fr. 1-14-20 fr.1-31-20


Docket 41


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur

Defendant(s):

Buchalter, APC Represented By Daniel J McCarthy

Claudia SPRINGER Represented By Jasmin Yang Craig E Holden

George Singer Represented By Jasmin Yang

S&B Surgery Center Creditor Trust Represented By

Jasmin Yang

1:30 PM

CONT...


S&B Surgery Center


Chapter 11

Plaintiff(s):

Lawfund Management Group, LLC Represented By

Herbert Dodell

LAWFUND MANAGMENT Represented By Perry R Fredgant

Trustee(s):

Nancy Hoffmeier Zamora Pro Se

1:30 PM

2:09-19825


S&B Surgery Center


Chapter 11

Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al


#9.00 CONTD. Status Conference re: [1] Removal) Nature of Suit: (01 (Determination of removed claim or cause)),(14 (Recovery of money/property - other)),(91 (Declaratory judgment)) filed by Plaintiff Lawfund Management Group, LLC, Plaintiff LAWFUND MANAGMENT GROUP, LLC).


fr. 6-27-18, 8-1-18, 8-30-18fr.8-29-18

fr.9-17-18fr.8-28-19fr. 11-6-18fr. 10-7-19

fr. 11-12-2019

fr. 12-19-19

fr. 1-14-20 fr.1-31-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur

Defendant(s):

Buchalter, APC Represented By Daniel J McCarthy

Claudia SPRINGER Represented By

Pamela Kohlman Webster

George Singer Represented By

Pamela Kohlman Webster

1:30 PM

CONT...


S&B Surgery Center


Chapter 11

James Wong Represented By

Matthew A Lesnick

Plaintiff(s):

Lawfund Management Group, LLC Represented By

Herbert Dodell

LAWFUND MANAGMENT Pro Se

Trustee(s):

Nancy Hoffmeier Zamora Pro Se

1:30 PM

2:09-19825


S&B Surgery Center


Chapter 11

Adv#: 2:18-01117 Lawfund Management Group, LLC et al v. Buchalter, APC et al


#10.00 Hearing RE: [36] Motion to Dismiss Adversary Proceeding


fr.8-30-18fr.8-29-18fr.9-17-18fr. 11-6-18fr.8-28-19 fr. 10-7-19

fr. 11-12-2019

fr. 12-19-19

fr. 1-14-20 fr.1-31-20


Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

S&B Surgery Center Represented By Samuel R Maizel Jeffrey L Kandel Teddy M Kapur

Defendant(s):

Buchalter, APC Represented By Daniel J McCarthy

Claudia SPRINGER Represented By Jasmin Yang Craig E Holden

George Singer Represented By Jasmin Yang

S&B Surgery Center Creditor Trust Represented By

Jasmin Yang

1:30 PM

CONT...


S&B Surgery Center


Chapter 11

Plaintiff(s):

Lawfund Management Group, LLC Represented By

Herbert Dodell

LAWFUND MANAGMENT Represented By Perry R Fredgant

Trustee(s):

Nancy Hoffmeier Zamora Pro Se

11:00 AM

1:20-10256


NAI Capital, Inc.


Chapter 11


#4.20 Hearing RE: [7] Motion And Emergency Motion For Entry Of An Order Authorizing The Debtor To (1) Maintain Certain Elements Of Its Cash Management System And (2) Open Debtor In Possession Accounts;


Docket 7


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

11:30 AM

9:18-10790


Rochelle S. Rosenthal


Chapter 7

Adv#: 9:19-01026 Pastora v. Rosenthal


#5.00 CONT'D Status Hearing RE: [1] Complaint and [14] Amended Complaint by Eva Pastora against Rochelle S. Rosenthal. (Nondischargeability for Obtaining Funds Through Actual Fraud and False Pretense § 523(a)(2)(A)) (Winfield, William)


FR. 8-14-19, 10-29-19


Docket 14

*** VACATED *** REASON: Rescheduled by the Court to 2/4/2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rochelle S. Rosenthal Represented By Reed H Olmstead

Defendant(s):

Rochelle S. Rosenthal Represented By Reed H Olmstead

Plaintiff(s):

Eva Pastora Represented By

William E. Winfield

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:18-11352


Off The Grid, LLC and Centrally Grown Holdings, LLC


Chapter 7


#6.00 Hearing

RE: [184] Verified Application for Payment of Administrative Claim by Court- Approved Stalking Horse Bidder, GJD Holdings, LLC


FR. 2-11-19, 4-15-19, 7-16-19


Docket 184

*** VACATED *** REASON: Rescheduled by the Court to 2/4/2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Off The Grid, LLC Represented By Shaune B Arnold Lewis R Landau Tal C. Finney

Joint Debtor(s):

Centrally Grown Holdings, LLC Represented By

Lewis R Landau

Red Mountain Farms, LLC Represented By Lewis R Landau

Movant(s):

GJD Holdings LLC Represented By Ali M Mojdehi Janet D Gertz

Trustee(s):

Jerry Namba (TR) Represented By Philip A Gasteier Timothy J Yoo

11:30 AM

CONT...


Off The Grid, LLC and Centrally Grown Holdings, LLC


Chapter 7

11:30 AM

9:19-10127


Kenneth L. McMahon


Chapter 7

Adv#: 9:19-01046 Kapitus Servicing, Inc., formerly known as Colonia v. McMahon et al


#7.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01046. Complaint by Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc., as servicing agent for Cashio against Kenneth L. McMahon, Jacqueline Lee McMahon. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Harvey, Brian)


FR: 10-29-19


Docket 1

*** VACATED *** REASON: Rescheduled by the Court to 2/4/2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kenneth L. McMahon Represented By Andrew S Mansfield

Defendant(s):

Kenneth L. McMahon Represented By Christina Vanarelli

Jacqueline Lee McMahon Represented By Christina Vanarelli

Joint Debtor(s):

Jacqueline Lee McMahon Represented By Andrew S Mansfield

Plaintiff(s):

Kapitus Servicing, Inc., formerly Represented By

11:30 AM

CONT...


Trustee(s):


Kenneth L. McMahon


Brian T Harvey


Chapter 7

Jeremy W. Faith (TR) Pro Se

2:00 PM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#1.00 CONTD. Hearing

RE: [97] Motion to Dismiss Adversary Proceeding Claims 15 and 16 with Prejudice with Notice and Proof of Service


FR. 12-17-19, 1-13-20, 1-28-20


Docket 97

*** VACATED *** REASON: Rescheduled for 2/19 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Gurpreet Sahani Represented By Lewis R Landau

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Movant(s):

Gurpreet Sahani Represented By Lewis R Landau

2:00 PM

CONT...


Rajysan, Inc.


Chapter 11

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Chad V Haes

D Edward Hays

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant

2:00 PM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#2.00 CONT'D Hearing

RE: [81] Motion to Expunge (RE: related document(s)6 Notice). Notice of Motion and Motion to Expunge Notice of Pendency of Action with Proof of Service


FR. 10-10-19, 11-5-19, 12-17-19, 1-13-20, 1-28-20


Docket 81

*** VACATED *** REASON: Rescheduled for 2/19 at 11:30am Tentative Ruling:

Third Amended Complaint was filed on 10/23/19.

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Gurpreet Sahani Represented By Lewis R Landau

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Movant(s):

Gurpreet Sahani Represented By Lewis R Landau

2:00 PM

CONT...


Rajysan, Inc.


Chapter 11

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Chad V Haes

D Edward Hays

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant


Tuesday, February 11, 2020

Hearing Room

1639


2:00 PM

1:19-11629


Valley Economic Development Center, Inc.


Chapter 11


#6.00 CONTD. HearingRE: [282] Debtor's Motion For Entry Of Order Approving Disclosure Statement Describing Debtor's Liquidating Plan (Dated December 17, 2019)

fr.1-28-20


Docket 282

Tentative Ruling:

Party Information

Debtor(s):

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik

Krikor J Meshefejian Lindsey L Smith

11:30 AM

9:19-11996

Carlos Rodriguez and Raquel G Rodriguez

Chapter 7

#1.00 Hearing

RE: [9] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 746 Southwick St, Santa Paula, California 93060 with Proof of Service. (Martinez, Kirsten)

Docket 9

*** VACATED *** REASON: Rescheduled for 2/18 at 11:30am Tentative Ruling:

Continue for proper service. Neither the original notice and motion (which

had the wrong courtroom number) nor the amended notice were served on Nationstar. Service on all other lienholders was required pursuant to LBR 4001-1(c)(1)(C)(iv).


The first available hearing date to allow for service and adequate notice is March 9, 2020 at 11:30 a.m. No appearances unless counsel would like to request a later hearing date.

Party Information

Debtor(s):

Carlos Rodriguez Pro Se

Joint Debtor(s):

Raquel G Rodriguez Pro Se

Movant(s):

The Bank of New York Mellon f/k/a Represented By

Kirsten Martinez

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:17-11647


Jennifer Violet O'Neil


Chapter 11


#2.00 Hearing

RE: [146] Application for Compensation for Law Offices of Reed H. Olmstead, Debtor's Attorney, Period: 8/14/2018 to 9/11/2019, Fee: $11960.00, Expenses:

$640.46.


Docket 146

*** VACATED *** REASON: Rescheduled for 2/18 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jennifer Violet O'Neil Represented By Reed H Olmstead

11:30 AM

9:17-11647

Jennifer Violet O'Neil

Chapter 11

#3.00 Hearing

RE: [149] Motion For Order Closing Case on Interim Basis.

Docket 149

*** VACATED *** REASON: Rescheduled for 2/18 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jennifer Violet O'Neil Represented By Reed H Olmstead

Movant(s):

Jennifer Violet O'Neil Represented By Reed H Olmstead

11:30 AM

9:17-11647

Jennifer Violet O'Neil

Chapter 11

#4.00 CONT'D Hearing

Post-Confirmation Status Conference FR. 1-22-20

Docket 136

*** VACATED *** REASON: Rescheduled for 2/18 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jennifer Violet O'Neil Represented By Reed H Olmstead

11:30 AM

9:17-12084

Toby Wayne Laughton

Chapter 7

Adv#: 9:18-01063 Freed v. Laughton et al


#5.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01063. Complaint by Jamie Freed against Toby

W. Laughton, Christina C. Laughton. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) (Perry Isaacson, Misty)


FR. 12-19-18, 7-16-19, 10-29-19


Docket 1

*** VACATED *** REASON: Rescheduled for 2/18 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Toby Wayne Laughton Represented By Daniel A Higson

Defendant(s):

Toby W. Laughton Pro Se

Christina C. Laughton Pro Se

Joint Debtor(s):

Christina C. Laughton Represented By Daniel A Higson

Plaintiff(s):

Jamie Freed Represented By

Lawrence J. Dreyfuss Misty A Perry Isaacson Bruce Dannemeyer

11:30 AM

CONT...

Trustee(s):


Toby Wayne Laughton


Chapter 7

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:17-11919


Frances A. Lieser


Chapter 7


#1.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Sandra K. McBeth. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (pg))


Docket 50


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

11:30 AM

CONT...


Frances A. Lieser


Chapter 7

Trustee to submit order within seven days.


Party Information

Debtor(s):

Frances A. Lieser Pro Se

Trustee(s):

Sandra McBeth (TR) Represented By Felicita A Torres

11:30 AM

9:18-11574


Georgiana Mendoza


Chapter 7


#2.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Jeremy W. Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (pg))


Docket 91


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.

11:30 AM

CONT...


Debtor(s):


Georgiana Mendoza


Party Information


Chapter 7

Georgiana Mendoza Represented By Leslie A Tos

Trustee(s):

Jeremy W. Faith (TR) Represented By Meghann A Triplett

11:30 AM

9:18-11739


Joseph Henderson


Chapter 7


#3.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Sandra McBeth. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (fsy))


Docket 75


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Joseph Henderson Represented By Reed H Olmstead

Trustee(s):

Sandra McBeth (TR) Represented By William C Beall

11:30 AM

9:19-11996


Carlos Rodriguez and Raquel G Rodriguez


Chapter 7


#4.00 Hearing

RE: [9] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 746 Southwick St, Santa Paula, California 93060 with Proof of Service. (Martinez, Kirsten)


FR. 2-11-20


Docket 9


Tentative Ruling:

Continue for proper service. Neither the original notice and motion (which had the wrong courtroom number) nor the amended notice were served on Nationstar. Service on all other lienholders was required pursuant to LBR 4001-1(c)(1)(C)(iv).


The first available hearing date to allow for service and adequate notice is March 9, 2020 at 11:30 a.m. No appearances unless counsel would like to request a later hearing date.

Party Information

Debtor(s):

Carlos Rodriguez Pro Se

Joint Debtor(s):

Raquel G Rodriguez Pro Se

Movant(s):

The Bank of New York Mellon f/k/a Represented By

Kirsten Martinez

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-10001


Rosario Perry


Chapter 11


#5.00 Hearing

RE: [74] Motion RE: Objection to Claim Number 3 by Claimant Department of Treasury. (Bryner, Candice)


FR. 10-10-19, 1-21-20


Docket 74

*** VACATED *** REASON: Withdrawn by movant on 2/7/20 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rosario Perry Represented By Michael R Totaro

Candice Candice Bryner

Movant(s):

Rosario Perry Represented By Michael R Totaro

Candice Candice Bryner

11:30 AM

9:19-10001


Rosario Perry


Chapter 11


#6.00 Hearing

RE: [75] Motion RE: Objection to Claim Number 6 by Claimant Franchise Tax Board. (Bryner, Candice)


FR. 10-10-19


Docket 75

*** VACATED *** REASON: Continued to March 24, 2020 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rosario Perry Represented By Michael R Totaro

Candice Candice Bryner

Movant(s):

Rosario Perry Represented By Michael R Totaro

Candice Candice Bryner

11:30 AM

9:17-11647


Jennifer Violet O'Neil


Chapter 11


#7.00 Hearing

RE: [146] Application for Compensation for Law Offices of Reed H. Olmstead, Debtor's Attorney, Period: 8/14/2018 to 9/11/2019, Fee: $11960.00, Expenses:

$640.46.


FR. 2-11-20


Docket 146


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jennifer Violet O'Neil Represented By Reed H Olmstead

11:30 AM

9:17-11647


Jennifer Violet O'Neil


Chapter 11


#8.00 Hearing

RE: [149] Motion For Order Closing Case on Interim Basis. FR. 2-11-20

Docket 149


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jennifer Violet O'Neil Represented By Reed H Olmstead

Movant(s):

Jennifer Violet O'Neil Represented By Reed H Olmstead

11:30 AM

9:17-11647


Jennifer Violet O'Neil


Chapter 11


#9.00 CONT'D Hearing

Post-Confirmation Status Conference FR. 1-22-20, 2-11-20

Docket 136


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jennifer Violet O'Neil Represented By Reed H Olmstead

11:30 AM

9:18-10528


Jon Christian Freed Tull


Chapter 11


#10.00 Hearing

RE: [112] U.S. Trustee Motion to dismiss or convert Case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)


Docket 112

*** VACATED *** REASON: Case was converted to Chapter 7 on 2/11/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jon Christian Freed Tull Represented By Reed H Olmstead

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:11-11059


Kerry S Moriarty


Chapter 11


#11.00 Post-confirmation Status Hearing


Docket 848

*** VACATED *** REASON: Continued to March 9 at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kerry S Moriarty Represented By Robert E Hurlbett Reed H Olmstead James R Selth Felicita A Torres Eric Bensamochan Jeffrey I Golden

11:30 AM

9:18-11181


iE, Inc


Chapter 11


#12.00 Post-Confirmation Status Conference ADVANCED FR. 2-19-20

Docket 244


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

iE, Inc Represented By

Andrew Goodman

11:30 AM

9:20-10035


Erich Lee Russell


Chapter 11


#13.00 Chapter 11 Status Conference


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Erich Lee Russell Represented By Kari L Ley

11:30 AM

9:20-10035


Erich Lee Russell


Chapter 11


#13.10 HearingRE: [34] Motion to: (1) Restrict the Use of Cash Collateral; (2) Segregate Cash Collateral; (3) Obtain an Accounting; and (4) Grant Related Relief; Memorandum of Points and Authorities (Gomez, Michael)


Docket 34


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Erich Lee Russell Represented By Kari L Ley

11:30 AM

9:17-12125


Sondra L Browning-Ott and Voyle Ott


Chapter 11


#14.00 Disclosure Statement to be held if timely filed (DECRO note from 9/26/19)


Docket 73

*** VACATED *** REASON: Debtors have not filed a plan & disclosure statement.

Tentative Ruling:

Please be prepared to propose a schedule for plan confirmation.

Party Information

Debtor(s):

Sondra L Browning-Ott Represented By

Roksana D. Moradi-Brovia William C Beall

Carissa N Horowitz

Joint Debtor(s):

Voyle Ott Represented By

Roksana D. Moradi-Brovia William C Beall

Carissa N Horowitz

11:30 AM

9:17-11157


Rafael Jimenez


Chapter 7

Adv#: 9:17-01074 Miracle Logistics, Inc. v. Jimenez et al


#15.00 CONT'D Status Hearing

RE: [25] Amended Complaint Objecting to the Dischargeability of Debt by James Studer on behalf of Miracle Logistics, Inc. against all defendants Rafael Jimenez, and One Call Logistics, Inc.


FR. 4-11-18, 6-20-18, 7-18-18, 10-24-18, 1-16-19, 3-12-19, 7-3-19, 8-14-19,

9-26-19, 12-17-19


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rafael Jimenez Represented By Bryan Diaz

Defendant(s):

Rafael Jimenez Represented By Bryan Diaz

One Call Logistics, Inc. Represented By Bryan Diaz

Plaintiff(s):

Miracle Logistics, Inc. Represented By James Studer

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:17-12084


Toby Wayne Laughton


Chapter 7

Adv#: 9:18-01063 Freed v. Laughton et al


#16.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01063. Complaint by Jamie Freed against Toby

W. Laughton, Christina C. Laughton. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) (Perry Isaacson, Misty)


FR. 12-19-18, 7-16-19, 10-29-19, 2-11-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Toby Wayne Laughton Represented By Daniel A Higson

Defendant(s):

Toby W. Laughton Pro Se

Christina C. Laughton Pro Se

Joint Debtor(s):

Christina C. Laughton Represented By Daniel A Higson

Plaintiff(s):

Jamie Freed Represented By

Lawrence J. Dreyfuss Misty A Perry Isaacson Bruce Dannemeyer

11:30 AM

CONT...

Trustee(s):


Toby Wayne Laughton


Chapter 7

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:17-12292


Christopher Scott Wilson


Chapter 7

Adv#: 9:18-01071

Wilson v. United States Department of Education

Telephonic Hearing

#17.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01071. Complaint by Christopher Scott Wilson against United States Department of Education. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)),(72 (Injunctive relief - other)) (Ridley, Eric)


FR. 2-12-19, 5-28-19, 10-15-19

ADVANCED FR. 2-19-20


Docket 1

*** VACATED *** REASON: Stipulated order entered on 1-17-20. Hearing continued to June 16, 2020 at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher Scott Wilson Represented By Eric Ridley

Defendant(s):

United States Department of Represented By Elan S Levey

Plaintiff(s):

Christopher Scott Wilson Represented By Eric Ridley

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

CONT...


Christopher Scott Wilson


Chapter 7

11:30 AM

9:18-11624


Charles Ritterbush


Chapter 7

Adv#: 9:18-01076 Pressley v. Ritterbush


#18.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01076. Complaint by David Pressley against Charles Ritterbush. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Grant, Karen)


FR. 2-26-19, 5-14-19, 7-3-19, 8-14-19, 11-19-19, 12-5-19


Docket 1

*** VACATED *** REASON: Order approving stipulationt to dismiss adversary case was entered on 12/27/19.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles Ritterbush Represented By Reed H Olmstead

Defendant(s):

Charles Ritterbush Represented By Reed H Olmstead

Plaintiff(s):

David Pressley Represented By Karen L Grant

Trustee(s):

Jeremy W. Faith (TR) Represented By Sandra McBeth

11:30 AM

9:19-10047


Kipley James Lytel


Chapter 7

Adv#: 9:19-01014 Williams v. Lytel


#19.00 CONT'D Status Hearing

RE: [25] Amended Complaint with proof of service by William C Beall on behalf of Oscar Williams against Kipley James Lytel. (RE: related document(s)1 Adversary case 9:19-ap-01014. Complaint by Oscar Williams, Kipley James Lytel against Kipley James Lytel. (Beall, William)


FR. 12-5-19


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kipley James Lytel Represented By Matthew D. Resnik

Defendant(s):

Kipley James Lytel Represented By

M. Jonathan Hayes

Plaintiff(s):

Oscar Williams Represented By William C Beall

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan

11:30 AM

9:18-11436


Julie Mai


Chapter 7

Adv#: 9:19-01030 McBeth v. Sanders


#20.00 CONTD Status Hearing

RE: [1] Adversary case 9:19-ap-01030. Complaint by Sandra K. McBeth against Joseph Sanders. (Charge To Estate). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Sholder, Joseph)


FR. 9-11-19, 10-10-19, 12-5-19


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Julie Mai Represented By

Vaughn C Taus

Defendant(s):

Joseph Sanders Represented By Sevan Gorginian

Plaintiff(s):

Sandra K. McBeth Represented By Joseph M Sholder Felicita A Torres

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder

11:30 AM

9:19-10898


Garrett Russeil


Chapter 7

Adv#: 9:19-01031 Hamilton, Jr. v. Russeil


#21.00 Pre-Trial Conference

RE: [1] Adversary case 9:19-ap-01031. Complaint by John S Hamilton Jr., Garrett Russeil against Garrett Russeil. false pretenses, false representation, actual fraud)) (Rodgers, Richard)


ADVANCED FR. 2-19-20


Docket 1

*** VACATED *** REASON: Case dismissed on 1/16/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Garrett Russeil Represented By Brian Nomi

Defendant(s):

Garrett Russeil Represented By Brian Nomi

Plaintiff(s):

John S Hamilton Jr. Represented By Richard A Rodgers Richard A Rodgers

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11016


Andrea Bowen-Gardner


Chapter 7

Adv#: 9:19-01052 Colebrook et al v. Bowen Gardner et al


#22.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01052. Complaint by Teena Colebrook against Andrea Bowen Gardner , Philip Gardner . (Nature[s] of Suit: (41 (Objection / revocation of discharge - 727 (c), (d),(e))) ,(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud))


FR. 11-19-19, 12-5-19


Docket 1

*** VACATED *** REASON: Continued to April 7, 2020, at 11:30 a.m., per new summons.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrea Bowen-Gardner Represented By Reed H Olmstead

Defendant(s):

Andrea Bowen Gardner Pro Se

Philip Gardner Pro Se

Joint Debtor(s):

Philip Gardner Represented By Reed H Olmstead

Plaintiff(s):

Colleen Craig Pro Se

Kevin Rock Pro Se

Richard Viar Pro Se

11:30 AM

CONT...


Andrea Bowen-Gardner


Chapter 7

Teena Colebrook Pro Se

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11625


Shane Patrick Mahan


Chapter 7

Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al


#23.00 CONT'D Hearing

RE: [7] Motion to Dismiss Adversary Proceeding John D. Monte's Motion to Dismiss Complaint Pursuant to Federal Rule of Civil Procedure 12[b]6 for Failure to State a Claim Upon Which Relief Can Be Granted; Memorandum of Points and Authorities in Support Thereof with Proof of Service


FR. 12-17-19


Docket 7


Tentative Ruling:

The court will handle matters 29-31 and whether dismissal or conversion of the main case is appropriate before addressing the adversary proceeding.

Party Information

Debtor(s):

Shane Patrick Mahan Pro Se

Defendant(s):

Shane Patrick Mahan Pro Se

Legacy Effects, LLC Represented By Lee T Dicker

John D. Monte Pro Se

Movant(s):

John D. Monte Pro Se

Plaintiff(s):

William G. Joiner, as Trustee of the Represented By

Richard J Reynolds Meghan Canty Murphey

11:30 AM

CONT...

Trustee(s):


Shane Patrick Mahan


Chapter 7

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11625


Shane Patrick Mahan


Chapter 7

Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al


#24.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01057. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, Shane Patrick Mahan, Legacy Effects, LLC, John D. Monte. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)) (Reynolds, Richard)


FR. 12-17-19


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Shane Patrick Mahan Pro Se

Defendant(s):

Shane Patrick Mahan Pro Se

Legacy Effects, LLC Represented By Lee T Dicker

John D. Monte Pro Se

Plaintiff(s):

William G. Joiner, as Trustee of the Represented By

Richard J Reynolds Meghan Canty Murphey

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al


#25.00 Hearing

RE: [16] Amended Motion (related document(s): 10 Motion to Amend (related document(s)6 Motion to Dismiss Adversary Proceeding ) filed by Defendant THE BANK OF NEW YORK MELLON, FKA, Defendant NewRez LLC DBA

Shellpoint Mortgage Servicing) (Klein, Bradford) FR. 1-7-20, 1-22-20

Docket 16


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Home Loans Inc Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Bank, NA Represented By

E. Christine Hehir Payam Khodadadi

BANK OF AMERICA Represented By

E. Christine Hehir Payam Khodadadi

11:30 AM

CONT...


Charles L. Duff


Chapter 11

THE BANK OF NEW YORK Represented By Bradford Klein

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir Payam Khodadadi

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir Payam Khodadadi

Movant(s):

THE BANK OF NEW YORK Represented By Bradford Klein

NewRez LLC DBA Shellpoint Represented By Bradford Klein

Plaintiff(s):

Cathryn A Duff Represented By Jeremy H Rothstein

Charles L. Duff Represented By Jeremy H Rothstein

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al


#26.00 Hearing

RE: [32] Motion to Dismiss Adversary Proceeding (Johnson, Elliot) FR. 1-7-20, 1-22-20

Docket 32


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Home Loans Inc Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Bank, NA Represented By

E. Christine Hehir Payam Khodadadi

BANK OF AMERICA Represented By

E. Christine Hehir Payam Khodadadi

THE BANK OF NEW YORK Represented By Bradford Klein

11:30 AM

CONT...


Charles L. Duff


Chapter 11

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir Payam Khodadadi

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir Payam Khodadadi

Movant(s):

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

Plaintiff(s):

Cathryn A Duff Represented By Jeremy H Rothstein

Charles L. Duff Represented By Jeremy H Rothstein

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059 Duff et al v. Countrywide Financial Corporation et al


#27.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01059. Complaint by Charles L. Duff against Countrywide Financial Corporation, Countrywide Home Loans Inc, Countrywide Bank, NA, BANK OF AMERICA, THE BANK OF NEW YORK MELLON, FKA,

BAYVIEW LOAN SERVICING, LLC, NewRez LLC DBA Shellpoint Mortgage Servicing, LandSafe, Inc., LandSafe Appraisal, Inc. n/k/a CoreLogic, Inc.. (Charge To Estate). Complaint For: (1) Violations of Californias Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.); (2) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)); (3) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.

§ 1962(d)); (4) Unjust Enrichment; (5) Fraud; (6) Violations of the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 1692p) (7) Breach of Covenant of Good Faith and Fair Dealing; and (8) Promissory Estoppel Nature of Suit: (14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Rothstein, Jeremy)


FR. 1-7-20, 1-22-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir Payam Khodadadi

11:30 AM

CONT...


Charles L. Duff


Chapter 11

Countrywide Home Loans Inc Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Bank, NA Represented By

E. Christine Hehir Payam Khodadadi

BANK OF AMERICA Represented By

E. Christine Hehir Payam Khodadadi

THE BANK OF NEW YORK Represented By Bradford Klein

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir Payam Khodadadi

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir Payam Khodadadi

Plaintiff(s):

Cathryn A Duff Represented By Jeremy H Rothstein

Charles L. Duff Represented By Jeremy H Rothstein

11:30 AM

9:19-10449


Farshad Fasihi Harandi


Chapter 11

Adv#: 9:19-01035 Harandi v. Harandi


#28.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01035. Complaint by Elizabeth Ann Harandi, Farshad Fasihi Harandi against Farshad Fasihi Harandi. priority or extent of lien or other interest in property)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(81 (Subordination of claim or interest))(Winston, Brandon)


FR: 10-29-19


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Farshad Fasihi Harandi Represented By David A Tilem

Defendant(s):

Farshad Fasihi Harandi Represented By David A Tilem

Plaintiff(s):

Elizabeth Ann Harandi Represented By Brandon Winston

11:30 AM

9:19-11726


Rick Ray Edwards and Berenize Edwards


Chapter 7


#29.00 Reaffirmation Hearing Date Set

RE: [12] Reaffirmation Agreement Between Debtor and Wells Fargo FR. 1-29-20

Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rick Ray Edwards Represented By William E. Winfield

Joint Debtor(s):

Berenize Edwards Represented By William E. Winfield

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11726


Rick Ray Edwards and Berenize Edwards


Chapter 7


#30.00 Reaffirmation Hearing Date SetRE: [16] Reaffirmation Agreement Between Debtor and Westerra Credit Union


Docket 16


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rick Ray Edwards Represented By William E. Winfield

Joint Debtor(s):

Berenize Edwards Represented By William E. Winfield

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11779


Alberto Gomez Ramos and Julia Ambriz Ramos


Chapter 7


#31.00 Reaffirmation Hearing Date Set

RE: [9] Reaffirmation Agreement Between Debtor and Montecito Bank & Trust FR. 2-4-20

Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alberto Gomez Ramos Represented By Todd J Mannis

Joint Debtor(s):

Julia Ambriz Ramos Represented By Todd J Mannis

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-11839


James C. Marshall


Chapter 7


#32.00 Reaffirmation Hearing Date Set

RE: [8] Pro se Reaffirmation Agreement Between Debtor and Coasthills Credit Union


FR. 2-4-20


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James C. Marshall Represented By Brent D George

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11855


Sheryl Errol


Chapter 7


#33.00 Reaffirmation Hearing Date SetRE: [8] Reaffirmation Agreement Between Debtor and Logix Federal Credit Union


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sheryl Errol Represented By

Todd Mannis

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-11870


Omar G. Arista and Linda E. Arista


Chapter 7


#34.00 Reaffirmation Hearing Date SetRE: [11] Pro se Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc. dba Chrysler Capital as servicer for CCAP Auto Lease Ltd.


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Omar G. Arista Represented By Daniel A Higson

Joint Debtor(s):

Linda E. Arista Represented By Daniel A Higson

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-11887


Martha Rocha


Chapter 7


#35.00 Reaffirmation Hearing Date SetRE: [10] Reaffirmation Agreement Between Debtor and Wells Fargo Auto


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Martha Rocha Represented By William E. Winfield

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:19-11904


Humberto Pantoja


Chapter 7


#36.00 Reaffirmation Hearing Date SetRE: [7] Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corp (Rafferty, John)


Docket 7


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Humberto Pantoja Represented By Michael B Clayton

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-11916


Joseph Walter Laccabue and Shari Lynn Laccabue


Chapter 7


#37.00 Reaffirmation Hearing Date SetRE: [10] Pro se Reaffirmation Agreement Between Debtor and Alaska USA Federal Credit Union


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Joseph Walter Laccabue Represented By William E. Winfield

Joint Debtor(s):

Shari Lynn Laccabue Represented By William E. Winfield

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:19-11944


Andre L Brown


Chapter 7


#38.00 Reaffirmation Hearing Date SetRE: [8] Pro se Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc.


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Andre L Brown Represented By Michael B Clayton

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-11944


Andre L Brown


Chapter 7


#39.00 Reaffirmation Hearing Date SetRE: [11] Pro se Reaffirmation Agreement Between Debtor and Americredit Financial Services, Inc. Dba GM Financial


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Andre L Brown Represented By Michael B Clayton

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-11956


Tina L. Guerrero


Chapter 7


#40.00 Reaffirmation Hearing Date SetRE: [10] Reaffirmation Agreement Between Debtor and Golden 1 Credit Union


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tina L. Guerrero Represented By Karen L Grant

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-12003


James B. Rickard, III


Chapter 7


#41.00 Reaffirmation Hearing Date SetRE: [8] Pro se Reaffirmation Agreement Between Debtor and Americredit Financial Services, Inc. Dba GM Financial


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James B. Rickard III Represented By William C Beall

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-12042


Dylan S. Sonsalla


Chapter 7


#42.00 Reaffirmation Hearing Date SetRE: [12] Pro se Reaffirmation Agreement Between Debtor and Snap-on Credit LLC (Pantelopoulos, Crystal)


Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dylan S. Sonsalla Represented By Brent D George

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-12064


Oivind F Eichenberger and Kristie Eichenberger


Chapter 7


#43.00 Reaffirmation Hearing Date SetRE: [11] Pro se Reaffirmation Agreement Between Debtor and Santander Consumer USA Inc. dba Chrysler Capital as servicer for CCAP Auto Lease Ltd.


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Oivind F Eichenberger Represented By David S Hagen

Joint Debtor(s):

Kristie Eichenberger Represented By David S Hagen

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-12064


Oivind F Eichenberger and Kristie Eichenberger


Chapter 7


#44.00 Reaffirmation Hearing Date SetRE: [15] Reaffirmation Agreement Between Debtor and LBS Financial Credit Union


Docket 15


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Oivind F Eichenberger Represented By David S Hagen

Joint Debtor(s):

Kristie Eichenberger Represented By David S Hagen

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-12115


Sharon Mann


Chapter 7


#45.00 Reaffirmation Hearing Date SetRE: [8] Reaffirmation Agreement Between Debtor and SESLOC Federal Credit Union


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sharon Mann Represented By

Linda S Blonsley

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11450


Paul Earl Nelson and Holly Beth Konjoyan-Nelson


Chapter 7


#46.00 CONT'D Hearing

Reaffirmation Hearing Date Set

RE: [12] Reaffirmation Agreement Between Debtor and Wells Fargo Auto FR. 1-29-20

Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Paul Earl Nelson Represented By Daniel King

Joint Debtor(s):

Holly Beth Konjoyan-Nelson Represented By Daniel King

Trustee(s):

Sandra McBeth (TR) Pro Se

10:00 AM

9:18-11181


iE, Inc


Chapter 11


#0.00 Post-Confirmation Status Conference


Docket 244

*** VACATED *** REASON: Rescheduled by the Court to 2/18/2020, at 11:30 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

iE, Inc Represented By

Andrew Goodman

10:00 AM

9:19-10898


Garrett Russeil


Chapter 7

Adv#: 9:19-01031 Hamilton, Jr. v. Russeil


#0.00 Pre-Trial Conference

RE: [1] Adversary case 9:19-ap-01031. Complaint by John S Hamilton Jr., Garrett Russeil against Garrett Russeil. false pretenses, false representation, actual fraud)) (Rodgers, Richard) CORRECTION: See Docket #2 for complete PDF (to include Complaint). Modified on 7/12/2019 (Bertelsen, Susan).


Docket 1

*** VACATED *** REASON: Rescheduled by the Court to 2/18/2020, at 11:30 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Garrett Russeil Represented By Brian Nomi

Defendant(s):

Garrett Russeil Represented By Brian Nomi

Plaintiff(s):

John S Hamilton Jr. Represented By Richard A Rodgers Richard A Rodgers

Trustee(s):

Jeremy W. Faith (TR) Pro Se

10:00 AM

9:17-12292


Christopher Scott Wilson


Chapter 7

Adv#: 9:18-01071

Wilson v. United States Department of Education

Telephonic Hearing

#0.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01071. Complaint by Christopher Scott Wilson against United States Department of Education. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)),(72 (Injunctive relief - other)) (Ridley, Eric)


FR. 2-12-19, 5-28-19, 10-15-19


Docket 1

*** VACATED *** REASON: Rescheduled by the Court to 2/18/2020, at 11:30 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher Scott Wilson Represented By Eric Ridley

Defendant(s):

United States Department of Represented By Elan S Levey

Plaintiff(s):

Christopher Scott Wilson Represented By Eric Ridley

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 PM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01040

THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.

Telephonic Hearing

#1.00 CONTD. Hearing

RE: [97] Motion to Dismiss Adversary Proceeding Claims 15 and 16 with Prejudice with Notice and Proof of Service


FR. 12-17-19, 1-13-20, 1-28-20, 2-10-20


Docket 97


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Gurpreet Sahani Represented By Lewis R Landau

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Movant(s):

Gurpreet Sahani Represented By

11:30 PM

CONT...


Rajysan, Inc.


Lewis R Landau


Chapter 11

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Chad V Haes

D Edward Hays

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant

11:30 PM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01040

THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.

Telephonic Hearing

#2.00 CONT'D Hearing

RE: [81] Motion to Expunge (RE: related document(s)6 Notice). Notice of Motion and Motion to Expunge Notice of Pendency of Action with Proof of Service


FR. 10-10-19, 11-5-19, 12-17-19, 1-13-20, 1-28-20, 2-10-20


Docket 81


Tentative Ruling:

Third Amended Complaint was filed on 10/23/19.

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Gurpreet Sahani Represented By Lewis R Landau

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Movant(s):

Gurpreet Sahani Represented By

11:30 PM

CONT...


Rajysan, Inc.


Lewis R Landau


Chapter 11

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Chad V Haes

D Edward Hays

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant

1:30 PM

1:20-10014


NSK Group, Inc.


Chapter 11


#1.00 CONTD. Hearing RE: [9] Motion For Order Authorizing Debtor And Debtor In Possession To Use Cash Collateral

fr. 1-14-20


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

NSK Group, Inc. Represented By Kateryna Bilenka

1:30 PM

1:19-12500


Ketab Corporation


Chapter 11


#2.00 Hearing RE: [62] Motion to Extend Exclusivity Period for Filing a Chapter 11 Plan and Disclosure Statement Notice of Motion and Motion for Order Extending Debtor's Exclusivity Period to File a Chapter 11 Plan of Reorganization;


Docket 62


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ketab Corporation Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

1:19-12866


Studio Production Center, Inc.


Chapter 11

Adv#: 1:19-01145 Studio Production Center, Inc. et al v. Imagecraft Productions, Inc.


#3.00 Status Hearing RE: [1] Adversary case 1:19-ap-01145. Complaint by Studio Production Center, Inc., Ridgley Conlan against Imagecraft Productions, Inc.. (Fee Not Required). Complaint For Declaratory Relief Nature of Suit: (91 (Declaratory judgment))


Docket 1

*** VACATED *** REASON: Continued by Stip. to 3/10/2020 at 11:00 AM;

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Studio Production Center, Inc. Represented By Mark E Brenner

Defendant(s):

Imagecraft Productions, Inc. Pro Se

Plaintiff(s):

Studio Production Center, Inc. Represented By David Brian Lally

Ridgley Conlan Represented By David Brian Lally

1:30 PM

1:19-11629


Valley Economic Development Center, Inc.


Chapter 11


#4.00 CONTD. HearingRE: [282] Debtor's Motion For Entry Of Order Approving Disclosure Statement Describing Debtor's Liquidating Plan (Dated December 17, 2019)

fr.1-28-20,2-10-20


Docket 282

Tentative Ruling:

Party Information

Debtor(s):

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik

Krikor J Meshefejian Lindsey L Smith

11:30 AM

9:19-12106

Joseph Waid, Jr. and Samantha Waid

Chapter 7

#1.00 Hearing

RE: [7] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 CHEVROLET VOLT VIN 1G1RC6S55HU210343 . (Wang, Jennifer)

Docket 7


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Joseph Waid Jr. Represented By Todd J Mannis

Joint Debtor(s):

Samantha Waid Represented By

11:30 AM

CONT...


Movant(s):


Joseph Waid, Jr. and Samantha Waid

Todd J Mannis


Chapter 7

ACAR Leasing LTD d/b/a GM Represented By Jennifer H Wang

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:14-12559


Kenneth A Rice


Chapter 7


#2.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Jeremy W. Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (pg))


Docket 208

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested.*** The final report and proposed distributions, compensation and reimbursement are approved.


***PLEASE NOTE -- the expense payment to GrobsteinTeeple is $146.69, as requested in the fee application (there appears to be an error on the expense amount in the final report).

Trustee to submit order within seven days.


Party Information

Debtor(s):

Kenneth A Rice Represented By

11:30 AM

CONT...


Trustee(s):


Kenneth A Rice


Paul F Ready Linda S Blonsley


Chapter 7

Jeremy W. Faith (TR) Represented By Meghann A Triplett Noreen A Madoyan

11:30 AM

9:18-12035


Angelica Radwich and Jeremy Adam Radwich, Sr.


Chapter 7


#3.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Jeremy W. Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (pg))


Docket 18

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Angelica Radwich Represented By David Joel Follin

Joint Debtor(s):

Jeremy Adam Radwich, Sr. Represented By David Joel Follin

11:30 AM

CONT...

Trustee(s):


Angelica Radwich and Jeremy Adam Radwich, Sr.


Chapter 7

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11


#4.00 HearingRE: [505] Motion to Convert Case From Chapter 11 to 7. Chapter 11 Trustee's Motion For An Order: (1) Converting Chapter 11 Case To Chapter 7 And (2) Authorizing Continued Employment Of Certain Professionals Employed During Chapter 11 Case; Memorandum Of Points And Authorities And Declaration In Support Thereof Timothy)


Docket 505


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rajysan, Inc. Represented By

Andrew Goodman

Movant(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant

11:30 AM

9:16-10806


Jeffery Steven Grodin


Chapter 7

Adv#: 9:16-01067 Kiel v. Grodin


#5.00 ORDER TO SHOW CAUSE WHY THIS PROCEEDING SHOULD NOT BE DISMISSED AND PLAINTIFFS COUNSEL SANCTIONED


Docket 103


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jeffery Steven Grodin Represented By Janet L Mertes

Defendant(s):

Jeffery Steven Grodin Represented By Janet L Mertes

Plaintiff(s):

Mark Kiel Represented By

Conor R. Nideffer

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:19-01019 Corporate Recovery Associates, LLC v. Grant Thornton, LLP


#6.00 CONT'D Status Hearing

RE: [1] and [10] Adversary case 9:19-ap-01019. Complaint by Corporate Recovery Associates, LLC against Grant Thornton, LLP. (Charge To Estate). Complaint to (1) Avoid and Recover Unauthorized Post-Petition Transfers; (2) Avoid and Recover Fraudulent Transfers Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)) (Torres, Felicita).


FR. 7-3-19, 7-23-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19, 1-7-20, 2-4-20


Docket 10


Tentative Ruling:

Please have some dates to suggest to the court today.

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

Grant Thornton, LLP Represented By Ian Landsberg

Plaintiff(s):

Corporate Recovery Associates, Represented By Felicita A Torres Christian A Orozco

11:30 AM

9:18-10785


Charles Ardeil Hamm, II


Chapter 7

Adv#: 9:18-01045 Burcar et al v. Hamm, II


#7.00 Hearing

RE: [88] Motion to Amend Complaint for Non-Dischargeability; Points and Authorities in Support; Declaration of Jeffrey T. Belton in Support, (Belton, Jeffrey)


Docket 88

*** VACATED *** REASON: Vacated per order entered on 2-20-20 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles Ardeil Hamm II Pro Se

Defendant(s):

Charles Ardeil Hamm II Pro Se

Movant(s):

Shanna Burcar Represented By Jeffrey Belton

John C. Barlow Represented By Jeffrey Belton

Nancy Barlow Represented By Jeffrey Belton

Shanna Burcar Pro Se

John C. Barlow Pro Se

Nancy Barlow Pro Se

John C. Barlow Pro Se

Nancy Barlow Pro Se

11:30 AM

CONT...


Charles Ardeil Hamm, II


Chapter 7

Shanna Burcar Pro Se

Plaintiff(s):

Shanna Burcar Represented By Jeffrey Belton

John C. Barlow Represented By Jeffrey Belton

Nancy Barlow Represented By Jeffrey Belton

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-11625


Shane Patrick Mahan


Chapter 7

Adv#: 9:19-01079 William G. Joiner, as Trustee of the William G. Jo v. Mahan


#8.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01079. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Shane Patrick Mahan. (Nature of Suit: (41 - Objection / revocation of discharge - 727(c),(d),(e))). (Reynolds, Richard)


Docket 1

*** VACATED *** REASON: Rescheduled by the Court to March 16, 2020 at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Shane Patrick Mahan Pro Se

Defendant(s):

Shane Patrick Mahan Pro Se

Plaintiff(s):

William G. Joiner, as Trustee of the Represented By

Richard J Reynolds

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:00 AM

1:20-10111


Pari F Kermani


Chapter 11


#1.00 Status Hearing RE: [1] Chapter 11 Voluntary Petition Individual.


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Pari F Kermani Represented By Dana M Douglas

11:00 AM

1:19-11629


Valley Economic Development Center, Inc.


Chapter 11


#2.00 CONTD. Hrg. re [13] Debtors Motion to Approve Use of Cash Collateral fr. 7-10-19,7-30-19,8-28-19,9-24-19,10-24-19, 11-22-19, 12-30-19

1-28-20


Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong

1:30 PM

2:12-13263


Alejandro Antonio Passarelli and Maria D Passarelli


Chapter 11


#2.00 Hearing RE: [99] Motion For Entry of Discharge of Chapter 11 Case upon completion of payments to unsecured creditors and Final Decree Closing Case


Docket 99


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alejandro Antonio Passarelli Represented By

Michael A Younge - SUSPENDED BK -

Joint Debtor(s):

Maria D Passarelli Represented By

Michael A Younge - SUSPENDED BK -

1:30 PM

2:17-25614


3600 Ashe, LLC


Chapter 11

Adv#: 2:19-01519 3600 Ashe, LLC v. Koop


#3.00 Status Hearing RE: [1] Adversary case 2:19-ap-01519. Complaint by 3600 Ashe, LLC against Ron Koop. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


Docket 1

*** VACATED *** REASON: Continued by Stip to 4/14/20 at 1:30 PM; Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham

Defendant(s):

Ron Koop Pro Se

Plaintiff(s):

3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham

Northern Division

Judge Deborah Saltzman, Presiding Courtroom 201 Calendar


Wednesday, February 26, 2020

Hearing Room

201


10:00 AM

9:17-12292


Christopher Scott Wilson


Chapter 7

Adv#: 9:18-01071

Wilson v. United States Department of Education

Telephonic Hearing

#1.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01071. Complaint by Christopher Scott Wilson against United States Department of Education. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)),(72 (Injunctive relief - other)) (Ridley, Eric)


FR. 2-12-19, 5-28-19, 10-15-19


Docket 1

*** VACATED *** REASON: Rescheduled by the Court to February 19, 2020, at 10:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher Scott Wilson Represented By Eric Ridley

Defendant(s):

United States Department of Represented By Elan S Levey

Plaintiff(s):

Christopher Scott Wilson Represented By Eric Ridley

Trustee(s):

Jeremy W. Faith (TR) Pro Se

Los Angeles

Judge Deborah Saltzman, Presiding Courtroom 1639 Calendar


Monday, March 2, 2020

Hearing Room

1639


1:00 PM

9:18-12087


Green Pharmaceuticals, Inc.


Chapter 11


#1.00 CONT'D Hearing on Confirmation of Chapter 11 Plan of Reorganization (RE: related document(s)[125] Chapter 11 Plan filed by Debtor Green Pharmaceuticals, Inc., and [144] Amended Chapter 11 Plan filed by Debtor Green Pharmaceuticals, Inc.)


FR. 10-15-19, 11-14-19,12-16-19, 2-3-20


Docket 125

Debtor(s):

*** VACATED *** REASON: Continued to March 16, 2020, at 11:30 a.m.

Party Information

Green Pharmaceuticals, Inc. Represented By Steven R Fox

W. Sloan Youkstetter Janis G Abrams

11:30 AM

9:18-10237

Firooz Payan

Chapter 7

#1.00 HearingRE: [395] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Fiat 500E, VIN: 3C3CFFGE5HT525283 . (Wang, Jennifer)

Docket 395


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Firooz Payan Pro Se

Movant(s):

Santander Consumer USA Inc. dba Represented By

Jennifer H Wang

11:30 AM

CONT...

Trustee(s):


Firooz Payan


Chapter 7

Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres

11:30 AM

9:18-12078


John T Gaiser


Chapter 7


#2.00 HearingRE: [52] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 119 Encino Place, Camarillo, California 93010 with Proof of Service. (Jereza, Raymond)


Docket 52


Tentative Ruling:

Continue for proper service.


Pursuant to LBR 4001-1(1)(C), all lienholders known to the movant, scheduled by the debtor, or appearing in the public record had to be served.


The debtor did not schedule any claims secured by the Property defined in the motion. However, the Movant knew of the claims identified in the motion held by Sharon Gaiser, Pacific Western Bank, National City Commercial Capital Company, LLC, AEL Financial LLC, and the FTB. None of these parties was properly served. Sharon Gaiser and the FTB were not served at all. The three judgment creditors, Pacific Western, National City, and AEL Financial, were served (not directed to any specific person or officer as required by FRBP 7004), but none of them was served through the counsel listed on the abstracts of judgment attached to the motion.


The court did not receive the judge's copy that the proof of service indicates was sent.


First available hearing date to allow for proper service and adequate notice is April 7, 2020 at 11:30 a.m. No appearances unless movant would like to request a later hearing date.


Party Information

Debtor(s):

John T Gaiser Represented By

William C Beall

11:30 AM

CONT...

Movant(s):


John T Gaiser


Chapter 7

U.S. Bank, National Association as Represented By

Raymond Jereza

Trustee(s):

Jerry Namba (TR) Represented By Kristine A Thagard D Edward Hays

11:30 AM

9:19-10639


Hrach Nick Muradyan


Chapter 7


#3.00 HearingRE: [53] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Chevrolet Silverado 1500 VIN No.2GCRCREC5J1102048 with Proof of Service. (Jereza, Raymond)


Docket 53


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


As to Debtor:

DENY as moot; discharge was entered on 10/8/19


As to Estate:

GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Hrach Nick Muradyan Represented By

Raj T Wadhwani

11:30 AM

CONT...

Movant(s):


Hrach Nick Muradyan


Chapter 7

JPMorgan Chase Bank, N.A. Represented By Raymond Jereza

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11936


Samantha Louise Schroeder


Chapter 7


#4.00 HearingRE: [10] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 HONDA ACCORD VIN 1HGCV1F11JA243107 . (Wang, Jennifer)


Docket 10


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Samantha Louise Schroeder Represented By Barry E Borowitz

Movant(s):

Kinecta Federal Credit Union Represented By Jennifer H Wang

11:30 AM

CONT...

Trustee(s):


Samantha Louise Schroeder


Chapter 7

Sandra McBeth (TR) Pro Se

11:30 AM

9:19-11946


Joshua Richard Lasslett


Chapter 7


#5.00 HearingRE: [10] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 VOLKSWAGEN PASSAT 2.0L TDI with Proof of Service. (Martinez, Kirsten)


Docket 10


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Joshua Richard Lasslett Represented By Leslie A Tos

Movant(s):

VW Credit, Inc. Represented By Kirsten Martinez

11:30 AM

CONT...

Trustee(s):


Joshua Richard Lasslett


Chapter 7

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10048


Nancy Perez Figueroa


Chapter 7


#6.00 HearingRE: [9] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Chevy Silverado, V.I.N. 3GCUKREC9HG441894 with proof of service.


Docket 9


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Nancy Perez Figueroa Represented By John K Rounds

Movant(s):

CBC Federal Credit Union Represented By Yuri Voronin

11:30 AM

CONT...

Trustee(s):


Nancy Perez Figueroa


Chapter 7

Sandra McBeth (TR) Pro Se

11:30 AM

9:17-11579


Robert Hesselgesser M.D.


Chapter 7


#7.00 CONT'D Hearing

RE: [360] and [362] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1731 Schoolhouse Cir, Westlake Village, CA 91362 . (Kaufmann, Kelly)


FR. 2-4-20


Docket 360

*** VACATED *** REASON: Withdrawn by movant on 2/24/20 Tentative Ruling:

Continue for proper service. There are several defects in service, which must be

made on all other lienholders pursuant to LBR 4001-1(c)(1)(C)(iv).


  1. The motion lists a lien held by "Laura Ann Hartz" and served that lienholder at the address listed on the debtor's schedules. However, a proof of claim was filed by Laura Ann Hartz, Patricia Scarfone-Sulz, and Sandra Lee Dawson (Claim 33). There is no indication on the proof of service that these parties were served at the address (counsel) listed on the proof of claim.


  2. The IRS, which filed a claim secured by all property, including real estate, was not served (or listed as a lienholder)


  3. The proof of service does not indicate proper service on insured depository institutions including Citibank, Bank of the Sierra, and Union Bank.


Pacific Western Bank and U.S. Bank (whose lien is identified in the motion as held by SPS) have appeared in this case, and their counsel received NEF service -- although the court had to verify this on its own because the proof of service does not reflect this form of service, and the other information on the proof of service would not have established proper service.

11:30 AM

CONT...


Robert Hesselgesser M.D.

As to Citibank, Bank of the Sierra, and Union Bank, two (Citibank and


Chapter 7

Union Bank) were served at generic "officer" addresses -- not naming a specific officer. Bank of the Sierra did not even have that. Citibank was served at an address that does not match the addres listed with the FDIC. Union Bank and Bank of the Sierra were also not served at their FDIC addresses, or even on the addresses given on their proofs of claim.


The first available hearing date to allow for service and proper notice is March 3, 2020 at 11:30 a.m. No appearances unless counsel for the movant would like to request a later hearing date.

Party Information

Debtor(s):

Robert Hesselgesser M.D. Pro Se

Movant(s):

JPMorgan Chase Bank, National Represented By

Nancy L Lee

Kelly M Kaufmann

Trustee(s):

Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen

11:30 AM

9:17-11579


Robert Hesselgesser M.D.


Chapter 7


#8.00 CONT'D Status Hearing

RE: [1] Chapter 7 Involuntary Petition Against an Individual. Charles W. Aarni Employee Profit Sharing Plan (attorney Beth Gaschen), Allan Chodor (attorney Beth Gaschen), Mary and Marvin Owen 1993 Trust (attorney Beth Gaschen), The McGowan Exemption Trust dated 03/26/2003 (attorney Beth Gaschen) .


FR. 11-7-17, FR. 12-5-17, 1-24-18, 2-1-18, 5-8-18, 8-7-18, 11-13-18, 2-11-19,

3-19-19, 11-5-19


Docket 1

Tentative Ruling:

Set continued status conference. Available dates include June 23 at 11:30, June 30 at 11:30 (appearances permitted in Santa Barbara and Los Angeles), July 7 at 11:30, and July 13 at 11:30 (appearances permitted in Santa Barbara and Los Angeles).

Party Information

Debtor(s):

Robert Hesselgesser M.D. Pro Se

Trustee(s):

Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen

11:30 AM

9:10-14947


Robert John Samuel Fowler


Chapter 7


#9.00 HearingRE: [140] Application for Compensation First Interim Application of Chapter 7 Trustee for Allowance of Statutory Fees; Declaration of Jeremy W. Faith in Support Thereof for Jeremy W. Faith (TR), Trustee Chapter 7, Period: 8/24/2017 to 1/31/2020, Fee: $61,971.18, Expenses: $0. (Faith (TR), Jeremy)


Docket 140

Tentative Ruling:


The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs 2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Robert John Samuel Fowler Represented By David L Oberg

Movant(s):

Jeremy W. Faith (TR) Represented By

11:30 AM

CONT...


Trustee(s):


Robert John Samuel Fowler


M Douglas Flahaut Annie Y Stoops


Chapter 7

Jeremy W. Faith (TR) Represented By

M Douglas Flahaut Annie Y Stoops

11:30 AM

9:10-14947


Robert John Samuel Fowler


Chapter 7


#10.00 HearingRE: [142] Application for Compensation -- Amended First Interim Fee Application of Arent Fox LLP, General Bankruptcy Counsel for Chapter 7 Trustee, for Allowance of Compensation and Reimbursement of Expenses for the Period From September 6, 2017 Through and Including December 31, 2019; Declaration of M. Douglas Flahaut in Support Thereof, with Proof of Service for Arent Fox LLP, General Counsel, Period: 9/6/2017 to 12/31/2019, Fee: $246,283.00, Expenses: $2,833.94.


Docket 142

Tentative Ruling:


The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs 2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Robert John Samuel Fowler Represented By David L Oberg

11:30 AM

CONT...

Movant(s):


Robert John Samuel Fowler


Chapter 7

Arent Fox LLP Represented By Aram Ordubegian

M Douglas Flahaut

Trustee(s):

Jeremy W. Faith (TR) Represented By

M Douglas Flahaut Annie Y Stoops

11:30 AM

9:18-10978


Jorge Velazquez


Chapter 11


#11.00 Hearing

RE: [68] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)


Docket 68


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jorge Velazquez Represented By Reed H Olmstead

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:18-12087


Green Pharmaceuticals, Inc.


Chapter 11


#12.00 Hearing

RE: [184] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)


Docket 184

*** VACATED *** REASON: Continued to March 16, 2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Green Pharmaceuticals, Inc. Represented By Steven R Fox

W. Sloan Youkstetter Janis G Abrams

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:19-10449


Farshad Fasihi Harandi


Chapter 11


#13.00 Hearing

RE: [170] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)


Docket 170

*** VACATED *** REASON: Stipulated order was entered on 2/25/20 continuing matter to 3/16/2020 at 11:30 AM.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Farshad Fasihi Harandi Represented By David A Tilem

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:20-10065


AIS Construction Company


Chapter 11


#14.00 Hearing

RE: [10] U.S. Trustee Motion to dismiss or convert case; Declaration of Maria D. Marquez with proof of service . (Fittipaldi, Brian)


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

AIS Construction Company Represented By William E. Winfield

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:20-10065


AIS Construction Company


Chapter 11


#15.00 Chapter 11 Status Conference


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

AIS Construction Company Represented By William E. Winfield

11:30 AM

9:18-10894


Ronald Frances Palmer and Lola Marie Palmer


Chapter 11


#16.00 Hearing

RE: [159] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)


Docket 159


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ronald Frances Palmer Represented By John K Rounds

Joint Debtor(s):

Lola Marie Palmer Represented By John K Rounds

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:18-10894


Ronald Frances Palmer and Lola Marie Palmer


Chapter 11


#17.00 Disclosure Statement Hearing set at hearing held on 1/7/2020


Docket 143


Tentative Ruling:

Service Deficiency


Rule 3017(a) states that the court shall hold a hearing on the approval of a disclosure statement "on at least 28 days’ notice to the debtor, creditors, equity security holders and other parties in interest as provided in Rule 2002 to consider the disclosure statement and objections or modifications thereto." Fed. R. Bankr. P. 3017(a). Rule 2002(b) states that all creditors shall have not less than 28 days’ notice by mail of the time fixed "for filing objections and the hearing to consider approval of a disclosure statement." Fed. R. Bankr. P. 2002(b). Rule 3017(a) states that the plan and the disclosure statement with the notice of hearing must be served on the debtor, the trustee or committee, the Securities and Exchange Commission (the "SEC"), and any party in interest who requests in writing a copy of the statement or plan. Fed. R. Bankr. P.

3017(a).


Here, while the Debtors did provide 28 days’ notice, the notice of hearing and the plan and disclosure statement were not served on all required parties. The Debtors only served the Plan, the Disclosure Statement, and the notice of the hearing on the parties who receive NEF and the court. The Debtors failed to serve all creditors and parties in interest with the notice of the hearing. Additionally, the notice of the hearing was not properly served on anyone because Rule 2002(b) requires "notice by mail," so even if the

U.S. Trustee or a creditor did receive notice by NEF, they still did not receive proper notice under the rules. See Fed. R. Bankr. P. 2002(b). Thus, no one (other than the court) received proper notice of the disclosure statement hearing.


Furthermore, the Debtors filed to serve the SEC with any of the required documents, as required by Rule 3017(a).


Adequate Information

11:30 AM

CONT...


Ronald Frances Palmer and Lola Marie Palmer


Chapter 11

The court's own review reveals that the Disclosure Statement lacks "adequate information" under § 1125(a). Most notably, the Disclosure Statement references 4 exhibits that are allegedly attached, but the Disclosure Statement has no exhibits or attachments. See Discl. Stmt. at 9:23-24 ("projected financial statements are set forth as Exhibit A"), 14:20-21 ("listed in Exhibit B to the Disclosure Statement"), 17:14 ("attach hereto as Exhibit C"), 19:6 ("attached as Exhibit D"), 22-23 (showing the end of the document and then the proof of service). Based on the failure to attach the appropriate and relied upon exhibits, it is almost impossible for the court to say that the Disclosure Statement has "adequate information" under § 1125(a) for a holder of a claim against the estate to make an informed decision on whether to accept or reject the Plan.


Throughout the Plan and the Disclosure Statement, the Debtors indicate that they want to sell or refinance the vacant real property. Why does this case need to be a chapter 11 case at this point? According to the Debtors’ stipulation with the first deed of trust holder, U.S. Bank, the Debtors must sell or refinance the real property by 3/15/20. It is less than 2 weeks before that deadline. There are numerous deficiencies in this case as pointed out by the U.S. Trustee, including no MORs for 6 months. It appears that this case does not have a likelihood of a successful reorganization.


Party Information

Debtor(s):

Ronald Frances Palmer Represented By John K Rounds

Joint Debtor(s):

Lola Marie Palmer Represented By John K Rounds

11:30 AM

9:17-11684


Luis D. Martinez


Chapter 11


#18.00 Disclosure Statement Hearing Set at Hearing Held on 11/13/2019.


FR. 3-4-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Luis D. Martinez Represented By

Eric Bensamochan

11:30 AM

9:17-11618


Selfridge Partners, LLC


Chapter 11


#19.00 Hearing

RE: [156] Application for Compensation - First and Final Application by Resnik Hayes Moradi LLP, Former General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period September 7, 2017 Through April 30, 2019; Declaration of Matthew D. Resnik in Support Thereof, with Proof of Service for Matthew D. Resnik, Debtor's Attorney, Period: 9/7/2017 to 4/30/2019, Fee: $96,786.50, Expenses: $1,913.34.


FR. 12-5-19, 1-7-20


Docket 156


Tentative Ruling:

The court denied the request to continue this hearing for a third time. Please be prepared to update the court on this application.


12/5 Tentative Ruling:

The opposition to the application raises some serious issues, and the court notes that the duplicate entries acknowledged by counsel -- along with the lack of a plan or settled claims during counsel's tenure in this case -- would require a reduction of fees even setting aside the allegations made in the opposition. The

$2,500 reduction offered by counsel is a start.



Party Information

Debtor(s):

Selfridge Partners, LLC Represented By William E. Winfield

Movant(s):

Selfridge Partners, LLC Represented By William E. Winfield

11:30 AM

9:17-11618


Selfridge Partners, LLC


Chapter 11


#20.00 CONT'D Confirmation Hearing

RE: [147] Debtor's Proposed Chapter 11 Plan of Reorganization FR. 1-21-20

Docket 147


Tentative Ruling:

Please update the court on the status of this case. Are there any ballots accepting the plan?

Party Information

Debtor(s):

Selfridge Partners, LLC Represented By William E. Winfield

11:30 AM

9:17-10918


Jonathan David Startz


Chapter 11


#21.00 CONT'D Confirmation Hearing

RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)


FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,

FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE), FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19


Docket 174

*** VACATED *** REASON: Continued to March 24, 2020 at 11:30am Tentative Ruling:

The Debtor requests that this hearing be continued to a date in March 2020.

Party Information

Debtor(s):

Jonathan David Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

9:19-11240


Caroline Marie De Laurell


Chapter 11


#22.00 Confirmation Hearing

RE: [55] Chapter 11 Plan of Reorganization


Docket 55


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Caroline Marie De Laurell Represented By Michael Jones Sara Tidd

11:30 AM

9:10-11869


The Cambria Moonstone, LP


Chapter 11

Adv#: 9:17-01085 The Cambria Moonstone, LP v. First-Citizens Bank & Trust Company et al


#23.00 Pre-Trial Conference

RE: [24] Adversary case 9:17-ap-01085. Amended Complaint by The Cambria Moonstone, LP against FIRST CITIZENS BANK. (Charge To Estate). Nature of Suit: (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Beall, William)


FR. 3-4-20


Docket 1

*** VACATED *** REASON: Order dismissing case was entered on 2/25/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

The Cambria Moonstone, LP Represented By William C Beall

Defendant(s):

First-Citizens Bank & Trust Represented By

Tom Roddy Normandin

Plaintiff(s):

The Cambria Moonstone, LP Represented By William C Beall

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:18-01057 Corporate Recovery Associates, LLC v. Chen


#24.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01057. Complaint by Corporate Recovery Associates, LLC against Lynn Chen. (Charge To Estate). Complaint to Avoid and Recover Preferential Transfers of Property [11 U.S.C.Sections 547, 550 and 551] Nature of Suit: (12 (Recovery of money/property - 547 preference)) (Levin, Andrew)


FR. 12-19-18, 2-12-19, 3-19-19, 11-13-19


Docket 1

*** VACATED *** REASON: Continued to May 5, 2020 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

Lynn Chen Represented By

John P Byrne

Plaintiff(s):

Corporate Recovery Associates, Represented By Robert E Opera Andrew B Levin Joseph M Sholder Felicita A Torres

11:30 AM

9:19-10291


Golf View Lane Limited Partnership, a California L


Chapter 11

Adv#: 9:19-01058 Golf View Lane Limited Partnership, a California L v. Pinnacle Estate


#25.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01058. Complaint by Golf View Lane Limited Partnership, a California Limited Partnership against Pinnacle Estate Properties, Inc., Garen Gary Keshishyan, Levis Pasco Obando, Valley Enterprises TS, Inc., Jose Pasco. (Fee not required). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)) (Yaspan, Robert) Modified on 10/16/2019 (Handy, Brad).


FR. 12-17-19


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Golf View Lane Limited Partnership, Represented By

Joseph G. McCarty

M. Jonathan Hayes Robert M Yaspan

Defendant(s):

Pinnacle Estate Properties, Inc. Represented By Alana B Anaya

Garen Gary Keshishyan Represented By Alana B Anaya

Levis Pasco Obando Represented By Alana B Anaya

Valley Enterprises TS, Inc. Represented By

Thomas C Corcovelos

11:30 AM

CONT...


Golf View Lane Limited Partnership, a California L


Chapter 11

Jose Pasco Represented By

Thomas C Corcovelos

Closing Agents, Inc. Pro Se

DOES 1 through 25, inclusive Pro Se

Igya Demirci Pro Se

Plaintiff(s):

Golf View Lane Limited Partnership, Represented By

Robert M Yaspan

11:30 AM

9:19-12036


Walter W. Knauss


Chapter 7

Adv#: 9:20-01001 Cardinal Collection Educational Foundation et al v. Knauss


#26.00


Status Hearing

RE: [1] Adversary case 9:20-ap-01001. Complaint by Cardinal Collection Educational Foundation, Martin Logies, John Skirtich against Walter W. Knauss. willful and malicious injury)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) (Ringstad, Todd)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Walter W. Knauss Represented By John D Faucher

Defendant(s):

Walter W. Knauss Represented By John D Faucher

Joint Debtor(s):

Catherine Lynn Knauss Represented By John D Faucher

Plaintiff(s):

John Skirtich Represented By

Todd C. Ringstad

Cardinal Collection Educational Represented By Todd C. Ringstad

Martin Logies Represented By Todd C. Ringstad

11:30 AM

CONT...

Trustee(s):


Walter W. Knauss


Chapter 7

Sandra McBeth (TR) Represented By Timothy J Yoo

11:30 AM

9:19-10898


Garrett Russeil


Chapter 7

Adv#: 9:19-01031 Hamilton, Jr. v. Russeil


#27.00 Trial Date Set

RE: [1] Adversary case 9:19-ap-01031. Complaint by John S Hamilton Jr., Garrett Russeil against Garrett Russeil. false pretenses, false representation, actual fraud)) (Rodgers, Richard) CORRECTION: See Docket #2 for complete PDF (to include Complaint). Modified on 7/12/2019 (Bertelsen, Susan).


FR. 3-3-20


Docket 1

*** VACATED *** REASON: Case dismissed on 1/16/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Garrett Russeil Represented By Brian Nomi

Defendant(s):

Garrett Russeil Represented By Brian Nomi

Plaintiff(s):

John S Hamilton Jr. Represented By Richard A Rodgers Richard A Rodgers

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11


#28.00 CONT'D Hearing

RE: [505] Motion to Convert Case From Chapter 11 to 7. Chapter 11 Trustee's Motion For An Order: (1) Converting Chapter 11 Case To Chapter 7 And (2) Authorizing Continued Employment Of Certain Professionals Employed During Chapter 11 Case; Memorandum Of Points And Authorities And Declaration In Support Thereof Timothy)


FR. 2-24-20


Docket 505

*** VACATED *** REASON: Motion withdrawn by stipulation and order entered on 2/27/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Movant(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant

Los Angeles

Judge Deborah Saltzman, Presiding Courtroom 1639 Calendar


Wednesday, March 4, 2020

Hearing Room

1639


1:30 PM

1:20-10256


NAI Capital, Inc.


Chapter 11


#4.00 Hearing RE: [55] Motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: State Court Action BC597601


Docket 55


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

10:00 AM

9:17-11684


Luis D. Martinez


Chapter 11


#2.00 Disclosure Statement Hearing Set at Hearing Held on 11/13/2019.


Docket 1

*** VACATED *** REASON: Rescheduled by the Court to 3/3/2020, at 11:30 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Luis D. Martinez Represented By

Eric Bensamochan

11:00 AM

9:19-10898


Garrett Russeil


Chapter 7

Adv#: 9:19-01031 Hamilton, Jr. v. Russeil


#3.00 Trial Date Set

RE: [1] Adversary case 9:19-ap-01031. Complaint by John S Hamilton Jr., Garrett Russeil against Garrett Russeil. false pretenses, false representation, actual fraud)) (Rodgers, Richard) CORRECTION: See Docket #2 for complete PDF (to include Complaint). Modified on 7/12/2019 (Bertelsen, Susan).


Docket 1

*** VACATED *** REASON: Rescheduled by the Court to 3/3/2020, at 11:30 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Garrett Russeil Represented By Brian Nomi

Defendant(s):

Garrett Russeil Represented By Brian Nomi

Plaintiff(s):

John S Hamilton Jr. Represented By Richard A Rodgers Richard A Rodgers

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11941


Catherine Ann Hall and Maurice S Hall


Chapter 7


#1.00 Hearing

RE: [14] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2011 BMW X3 VIN 5UXWX5C55BLK59075 . (Wang, Jennifer)


Docket 14


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Catherine Ann Hall Represented By Karen Ware

Joint Debtor(s):

Maurice S Hall Represented By

11:30 AM

CONT...


Movant(s):


Catherine Ann Hall and Maurice S Hall

Karen Ware


Chapter 7

TD Auto Finance LLC Represented By Jennifer H Wang

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:17-11324


Jose Reveles and Pauline Reveles


Chapter 7


#2.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (fsy))


Docket 75

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Jose Reveles Pro Se

Joint Debtor(s):

Pauline Reveles Pro Se

Trustee(s):

Jeremy W. Faith (TR) Represented By Nancy H Zamora

11:30 AM

CONT...


Jose Reveles and Pauline Reveles


Chapter 7

11:30 AM

9:18-10775


Ramon Franco


Chapter 7


#3.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Jeremy W. Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (pg))


Docket 78

*** VACATED *** REASON: Withdrawn by Chapter 7 Trustee on 02/19/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ramon Franco Represented By Andrew S Mansfield

Trustee(s):

Jeremy W. Faith (TR) Represented By Meghann A Triplett Noreen A Madoyan

11:30 AM

9:11-11059


Kerry S Moriarty


Chapter 11


#4.00 Hearing

RE: [906] Motion For Final Decree and Order Closing Case. Notice of Motion and Motion to Enter Discharge and Issue a Final Decree that the Chapter 11 Plan Has Been Substantially Consummated; Memorandum of Points and Authorities; Declaration in Support with Proof of Service Thereof


Docket 906


Tentative Ruling:

The court has questions regarding payments to certain parties.


As to Weiland Golden Goodrich LLP ("WGG"), the Debtor lodged an order on a stipulation with WGG regarding payment of fees not paid pursuant to the plan. Under the stipulation (Docket No. 905), the debtor was to pay the

$23,566.64 balance owed to WGG in installments over four months. The court rejected the order because the stipulation included a provision that the case "shall convert" to chapter 7 if one of the installment payments was not made. There are no set dates in the stipulation for the payments, and the court has received no information regarding whether the payments have been made.


And as to Classes 16 and 17, the underlying obligations mature in less than a month on 4/3/20. In the Plan, the Debtor committed to refinancing those obligations by 12/31/19, and, if he did not refinance, to selling the properties. The Motion provides no information regarding the status of refinancing or selling the properties, so the court doesn't know how treatment of Classes 16 and 17 has been implemented.


If the Debtor can demonstrate that WGG has been paid and that treatment of Classes 16 and 17 has been implemented in some manner, the court can grant the motion.


Party Information

11:30 AM

CONT...

Debtor(s):


Kerry S Moriarty


Chapter 11

Kerry S Moriarty Represented By Robert E Hurlbett Reed H Olmstead James R Selth Felicita A Torres Eric Bensamochan Jeffrey I Golden

Movant(s):

Kerry S Moriarty Represented By Robert E Hurlbett Robert E Hurlbett Robert E Hurlbett Robert E Hurlbett Reed H Olmstead Reed H Olmstead Reed H Olmstead Reed H Olmstead James R Selth James R Selth James R Selth James R Selth Felicita A Torres Felicita A Torres Felicita A Torres Felicita A Torres Eric Bensamochan Eric Bensamochan Eric Bensamochan Eric Bensamochan Jeffrey I Golden Jeffrey I Golden Jeffrey I Golden Jeffrey I Golden

11:30 AM

9:11-11059


Kerry S Moriarty


Chapter 11


#5.00 Post-confirmation Status Hearing FR. 2-18-20

Docket 848


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kerry S Moriarty Represented By Robert E Hurlbett Reed H Olmstead James R Selth Felicita A Torres Eric Bensamochan Jeffrey I Golden

11:30 AM

9:18-11191


Steven Allen Harris


Chapter 11


#6.00 ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED AND DEBTOR'S COUNSEL SANCTIONED


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Steven Allen Harris Represented By Dana M Douglas

11:30 AM

9:16-10728


Michael Lee McQueen


Chapter 7

Adv#: 9:16-01076 Loebl, Trustee of the Racheal Mofya Distribution T v. McQueen et al


#7.00 Status Hearing

RE: [1] Adversary case 9:16-ap-01076. Complaint by Jeffrey Loebl, Tiffany Nelson against Michael Lee McQueen, Flavia McQueen. fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Susi, Peter)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michael Lee McQueen Represented By Larry D Webb

Defendant(s):

Michael Lee McQueen Represented By Larry D Webb

Flavia McQueen Represented By Larry D Webb

Joint Debtor(s):

Flavia McQueen Represented By Larry D Webb

Plaintiff(s):

Jeffrey Loebl, Trustee of the Represented By Peter Susi Darin Marx

Tiffany Nelson,Conservator of the Represented By

Peter Susi

11:30 AM

CONT...


Trustee(s):


Michael Lee McQueen


Darin Marx


Chapter 7

Jeremy W. Faith (TR) Represented By Claire K Wu Peter J Mastan

11:30 AM

9:16-12261


Faraz Karim Sarahang, Sr.


Chapter 7

Adv#: 9:17-01025 Sarahang v. Sarahang, Sr.


#8.00 ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED AS MOOT


Docket 21


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Faraz Karim Sarahang Sr. Represented By Andrew S Mansfield

Defendant(s):

Faraz Karim Sarahang Sr. Represented By Andrew S Mansfield

Plaintiff(s):

Claudia Sarahang Represented By Larry D Webb

Trustee(s):

Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz

11:30 AM

9:17-11154


Burnett Family Farms, LLC


Chapter 7

Adv#: 9:19-01027 Faith, Chapter 7 Trustee v. CAPITAL ONE, N.A.


#9.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01027. Complaint by Jeremy W. Faith, Chapter 7 Trustee against CAPITAL ONE, N.A.. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(A); Cal. Civ.

Code § 3439.04]; (2) Avoidance of Fraudulent Transfers [11 U.S.C. § 544, 548(a)(1)(B); Cal. Civ. Code § 3439.05,]; (3) Avoidance of Postpetition Transfers [11 U.S.C. §549]; and (4) Recovery of Avoided Transfers [11 U.S.C. § 550] and

(5) Preservation of Avoided Transfers [11 U.S.C. § 551] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) (Triplett, Meghann)


FR. 1-7-20


Docket 1

*** VACATED *** REASON: Sipulated order entered on 3-6-2020. Hearing continued to April 13, 2020 at 10:00am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Burnett Family Farms, LLC Represented By Louis J Esbin

Defendant(s):

CAPITAL ONE, N.A. Represented By Amanda Koziol

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Meghann A Triplett

11:30 AM

CONT...

Trustee(s):


Burnett Family Farms, LLC


Chapter 7

Jeremy W. Faith, Chapter 7 Trustee Represented By

Meghann A Triplett

Jeremy W. Faith (TR) Represented By Meghann A Triplett

11:30 AM

9:18-10645


Sebastian DonDiego


Chapter 7

Adv#: 9:19-01011 Faith, Chapter 7 Trustee v. Dondiego


#10.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01011. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Delia Dondiego. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfer; (2) Recovery of Avoided Transfer; (3) Turnover of Property of the Estate; and (4) For Attorneys' Fees and Costs (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) (Triplett, Meghann)


FR. 4-16-19, 6-12-19, 1-7-20, 1-8-20


Docket 1

*** VACATED *** REASON: Continued to September 22, 2020 at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sebastian DonDiego Represented By Daniel A Higson

Defendant(s):

Delia Dondiego Represented By Daniel A Higson

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Meghann A Triplett

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan

11:30 AM

CONT...


Sebastian DonDiego


Meghann A Triplett


Chapter 7

11:30 AM

9:18-11009


Mark Steven Limon


Chapter 7

Adv#: 9:20-01002 McBeth,Chapter 7 Trustee v. Limon


#11.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01002. Complaint by Sandra K McBeth,Chapter 7 Trustee against Lori Limon. (Charge To Estate). Complaint for: (1) Avoidance of Preferential Transfers [11 U.S.C. § 547]; (2) Recovery of Avoided Transfers [11 U.S.C. § 550]; and (3) Disallowance of Claims [11 U.S.C. §502] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Triplett, Meghann)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark Steven Limon Represented By John Sullivan

Defendant(s):

Lori Limon Pro Se

Plaintiff(s):

Sandra K McBeth,Chapter 7 Trustee Represented By

Meghann A Triplett

Trustee(s):

Sandra McBeth (TR) Represented By Meghann A Triplett

11:00 AM

1:20-10256


NAI Capital, Inc.


Chapter 11


#1.00 Hearing RE: [36] Application of Debtor and Debtor In Possession To Employ McGarrigle, Kenney & Zampiello, APC As Special Litigation and Special Corporate Counsel;


TELEPHONIC APPEARANCE ONLY


Docket 36

Tentative Ruling:

This representation seems broader than what is typically seen as a "specified special purpose."

Party Information

Debtor(s):

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

11:00 AM

1:20-10256

NAI Capital, Inc.

Chapter 11

#2.00 Hearing RE: [35] Application of Debtor and Debtor In Possession To Employ Levene, Neale, Bender, Yoo & Brill L.L.P. as Bankruptcy Counsel;

TELEPHONIC APPEARANCE ONLY

Docket 35


Tentative Ruling:

Grant.


Debtor(s):


Party Information

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

11:00 AM

1:19-12500


Ketab Corporation


Chapter 11


#3.00 Hearing RE: [66] Motion RE: Objection to Claim Number 8 by Claimant Adli Law Group, P.C..


TELEPHONIC APPEARANCE ONLY


Docket 66


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. The objection to claim # 8 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.

1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all requested relief. The claim is disallowed in its entirety. Movant to submit order within seven days.

Party Information

Debtor(s):

Ketab Corporation Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:00 AM

1:19-12539


Enrique Oscar Rollandi Martinasso


Chapter 11


#4.00 CONTD. Hearing RE: [47] U.S. Trustee Motion to dismiss or convert case; fr.2-5-20


TELEPHONIC APPEARANCE ONLY


Docket 47


Tentative Ruling:

The court would like to hear from the movant on whether dismissal or conversion is the more appropriate choice.

Party Information

Debtor(s):

Enrique Oscar Rollandi Martinasso Represented By

Onyinye N Anyama

11:00 AM

1:20-10111


Pari F Kermani


Chapter 11


#5.00 Hearing RE: [15] Motion to Use Cash Collateral TELEPHONIC APPEARANCE ONLY

Docket 15

Tentative Ruling:

Party Information

Debtor(s):

Pari F Kermani Represented By Dana M Douglas

11:00 AM

1:19-11629

Valley Economic Development Center, Inc.

Chapter 11


#6.00 Hearing RE: [353] Debtor's Motion for an order: (1) Approving sale of assets free and clear of all liens, claims and interests;

(2) Waiving the 14-Day stay period set forth in Bankruptcy Rule 6004(h); and (3) Granting related relief;


TELEPHONIC APPEARANCE ONLY


Docket 353


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik

Krikor J Meshefejian Lindsey L Smith

Movant(s):

Valley Economic Development Represented By Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Jeffrey S Kwong Jeffrey S Kwong

11:00 AM

CONT...


Valley Economic Development Center, Inc.

Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik

Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith


Chapter 11

11:00 AM

1:19-12866


Studio Production Center, Inc.


Chapter 11

Adv#: 1:19-01145 Studio Production Center, Inc. et al v. Imagecraft Productions, Inc.


#7.00 CONTD. Status Hearing RE: [1] Adversary case 1:19-ap-01145. Complaint by Studio Production Center, Inc., Ridgley Conlan against Imagecraft Productions, Inc.. (Fee Required -Deferred). Complaint For Declaratory Relief Nature of Suit: (91 (Declaratory judgment))

fr.2-20-20


Docket 1

*** VACATED *** REASON: Off-Calendar-Adv. Dismissed per Stip Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Studio Production Center, Inc. Represented By Mark E Brenner

Defendant(s):

Imagecraft Productions, Inc. Pro Se

Plaintiff(s):

Studio Production Center, Inc. Represented By David Brian Lally

Ridgley Conlan Represented By David Brian Lally

11:00 AM

1:19-12866


Studio Production Center, Inc.


Chapter 11

Adv#: 1:19-01145 Studio Production Center, Inc. et al v. Imagecraft Productions, Inc.


#8.00 Hearing RE: [30] Motion for More Definite Statement of Plaintiffs' Complaint for Declaratory Relief;


Docket 30

*** VACATED *** REASON: Off-Calendar-Adv. Dismissed per Stip.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner

Defendant(s):

Imagecraft Productions, Inc. Represented By Dean G Rallis Jr Matthew D Pham

Plaintiff(s):

Studio Production Center, Inc. Represented By David Brian Lally

Ridgley Conlan Represented By David Brian Lally

11:00 AM

1:19-11924


01 BH Partnership


Chapter 11


#9.00 CONT'D. Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual. fr.9-10-19, 11-6-19, 11-20-19

fr. 1-7-20, 1-8-20


Docket 1

*** VACATED *** REASON: Rescheduled by Stip. to 4/29/20 at 1:30 P.M. Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:00 AM

1:19-11924

01 BH Partnership

Chapter 11

#10.00 CONTD. Hearing RE: [29] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1001 North Beverly Glenn Blvd, Los Angeles, CA 90077 .

fr. 11-20-19, 1-7-20, 1-8-20

Docket 29

*** VACATED *** REASON: Rescheduled by Stip. to 4/29/20 at 1:30 P.M. Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:00 AM

1:19-11924

01 BH Partnership

Chapter 11

#11.00 CONTD. Hearing RE: [52] Motion for Setting Property Value (Corrected Motion) fr. 1-8-20

Docket 52

*** VACATED *** REASON: Rescheduled by Stip. to 4/29/20 at 1:30 P.M. Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:00 AM

1:19-11924

01 BH Partnership

Chapter 11

#12.00 Hearing RE: [42] Motion for approval of chapter 11 disclosure statement fr. 1-7-20, 1-8-20

Docket 42

*** VACATED *** REASON: Rescheduled by Stip. to 4/29/20 at 1:30 P.M. Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

1:30 PM

2:16-22745

Yu Hua Long Investments LLC

Chapter 11

#1.00 Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual.

TELEPHONIC APPEARANCE ONLY

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Yu Hua Long Investments LLC Represented By

M. Jonathan Hayes

Trustee(s):

Timothy Yoo (TR) Represented By Philip A Gasteier Jeffrey S Kwong Timothy J Yoo

1:30 PM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:13-01720 New Meatco Provisions, LLC v. Greenberg Cheese Company, Inc.


#2.00 CONTD. Hearing RE: [63] Plaintiff's Motion For Summary Judgment; Fr. 12-3-19


TELEPHONIC APPEARANCE ONLY


Docket 63


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut Michael S Cryan

Defendant(s):

Greenberg Cheese Company, Inc. Pro Se

Plaintiff(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut Lindsey L Smith Anthony A Friedman

Trustee(s):

Howard B Grobstein Represented By Lindsey L Smith Larry W Gabriel Reagan E Boyce Anthony A Friedman

1:30 PM

CONT...


New Meatco Provisions, LLC


Eve H Karasik


Chapter 11

1:30 PM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:13-01720 New Meatco Provisions, LLC v. Greenberg Cheese Company, Inc.


#3.00 CONTD. Status Hearing RE: [1] Adversary case 2:13-ap-01720. Complaint by New Meatco Provisions, LLC against Greenberg Cheese Company, Inc.. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14, 8-19-2014

fr. 11-18-14,9-18-19, 2-24-15, 6-9-15,8-25-15

fr.12-15-15,4-19-16, 7-26-16, 10-25-16, 2-7-17

fr.5-23-17,5-30-17,9-5-17,9-12-17,3-14-18

fr. 6-27-18,11-7-18,1-23-19, 5-22-19

fr. 9-18-19, 12-3-19


TELEPHONIC APPEARANCE ONLY


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut

Defendant(s):

Greenberg Cheese Company, Inc. Pro Se

Plaintiff(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut

1:30 PM

CONT...


New Meatco Provisions, LLC


Chapter 11

U.S. Trustee(s):

United States Trustee (LA) Pro Se

1:30 PM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:13-01896 New Meatco Provisions, LLC v. Marquez Brothers Enterprises, Inc.


#4.00 CONTD. Status Hearing RE: [1] Adversary case 2:13-ap-01896. Complaint by New Meatco Provisions, LLC against Marquez Brothers Enterprises, Inc.. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14, 8-19-2014

fr. 11-18-14, 2-24-15,6-9-15,8-25-15

fr.12-15-15,4-19-16,7-26-16,10-25-16

fr.2-7-17,5-23-17,5-30-17,9-5-17,9-12-17

fr.3-14-18, 6-27-18,11-7-18,1-23-19

fr. 5-22-19,9-18-19,12-3-19


TELEPHONIC APPEARANCE ONLY


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut

Defendant(s):

Marquez Brothers Enterprises, Inc. Pro Se

Plaintiff(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

1:30 PM

CONT...


New Meatco Provisions, LLC


M Douglas Flahaut


Chapter 11

U.S. Trustee(s):

United States Trustee (LA) Pro Se

1:30 PM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:13-01910 New Meatco Provisions, LLC v. Richmoore Holding, Inc.


#5.00 CONTD. Status Hearing RE: [1] Adversary case 2:13-ap-01910. Complaint by New Meatco Provisions, LLC against Richmoore Holding, Inc.. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14, 8-19-2014

fr. 11-18-14, 2-24-15,6-9-15,8-25-15,12-15-15

fr.4-19-16, 7-26-16,10-25-16, 2-7-17,5-23-17

fr.5-30-17,9-5-17,9-12-17,3-14-18, 6-27-18

fr.11-7-18, 1-23-19, 5-22-19,9-18-19,12-3-19


TELEPHONIC APPEARANCE ONLY


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut

Defendant(s):

Richmoore Holding, Inc. Pro Se

Plaintiff(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut

1:30 PM

CONT...


New Meatco Provisions, LLC


Chapter 11

U.S. Trustee(s):

United States Trustee (LA) Pro Se

1:30 PM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:13-02202 New Meatco Provisions, LLC v. AA Meat Products Corporation


#6.00 CONTD. Status Hearing RE: [1] Adversary case 2:13-ap-02202. Complaint by New Meatco Provisions, LLC against AA Meat Products Corporation. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


fr.3-20-14,5-20-14, 8-19-2014,11-18-14

fr. 2-24-15,6-9-15,8-25-15,12-15-15

fr.4-19-16,7-26-16,10-25-16,2-7-17,5-23-17

fr.5-30-17,9-5-17,9-12-17,3-14-18

fr. 6-27-18,11-7-18,1-23-19, 5-22-19

9-18-19, 12-3-19


TELEPHONIC APPEARANCE ONLY


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut Michael S Cryan

Defendant(s):

AA Meat Products Corporation Pro Se

Plaintiff(s):

New Meatco Provisions, LLC Represented By

1:30 PM

CONT...


New Meatco Provisions, LLC


Mette H Kurth Michael S Cryan M Douglas Flahaut


Chapter 11

U.S. Trustee(s):

United States Trustee (LA) Pro Se

1:30 PM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:15-01238 Grobstein v. Bay Area Seafood, Inc.


#7.00 CONTD. Status Hearing RE: [1] Adversary case 2:15-ap-01238. Complaint by Howard Grobstein against Bay Area Seafood, Inc. For: (1) Avoidance and Recovery of Preferential Transfers [11 U.S.C. §§ 547(b). 550(a), and 551]; and

(2) Disallowance of any Claims held by Defendant [ 11 U.S.C. § 502(d)] Nature of Suit: (12 (Recovery of money/property - 547 preference))


fr.7-7-15,8-11-15,12-15-15,4-19-16

fr.7-26-16,10-25-16,2-7-17,5-23-17

fr.5-30-17,9-5-17,9-12-17,3-14-18

fr. 6-27-18,11-7-18,1-23-19, 5-22-19

9-18-19, 12-3-19


TELEPHONIC APPEARANCE ONLY


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut Michael S Cryan

Defendant(s):

Bay Area Seafood, Inc. Pro Se

Plaintiff(s):

Howard Grobstein Represented By Lindsey L Smith

1:30 PM

CONT...

Trustee(s):


New Meatco Provisions, LLC


Chapter 11

Howard B Grobstein Represented By Lindsey L Smith

U.S. Trustee(s):

United States Trustee (LA) Pro Se

1:30 PM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:15-01244 Grobstein v. Maike Loehr & Company, Inc., dba Landmark Foods


#8.00 CONTD. Status Hearing RE: [1] Adversary case 2:15-ap-01244. Complaint by Howard Grobstein against Maike Loehr & Company, Inc., dba Landmark Foods. (Charge To Estate). (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


fr.7-7-15,8-11-15,12-15-15,4-19-16

fr.7-26-16,10-25-16,2-7-17,5-23-17

fr.5-30-17,9-5-17,9-12-17,3-14-18

fr. 6-27-18,11-7-18,1-23-19, 5-22-19

9-18-19, 12-3-19


TELEPHONIC APPEARANCE ONLY


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut Michael S Cryan

Defendant(s):

Maike Loehr & Company, Inc., dba Pro Se

Plaintiff(s):

Howard Grobstein Represented By Anthony A Friedman Lindsey L Smith Gary E Klausner

1:30 PM

CONT...

Trustee(s):


New Meatco Provisions, LLC


Chapter 11

Howard B Grobstein Represented By Lindsey L Smith

U.S. Trustee(s):

United States Trustee (LA) Pro Se

11:30 AM

9: - Chapter


#0.00

To mitigate the spread of the COVID-19 virus, all hearings before Judge Saltzman will be telephonic until further notice.


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


Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).


If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:19-11996


Carlos Rodriguez and Raquel G Rodriguez

Telephonic Hearing


Chapter 7

#1.00 CONT'D Hearing

RE: [9] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 746 Southwick St, Santa Paula, California 93060 with Proof of Service. (Martinez, Kirsten)


FR. 2-11-20, 2-18-20


Docket 9


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).

Party Information

11:30 AM

CONT...

Debtor(s):


Carlos Rodriguez and Raquel G Rodriguez


Chapter 7

Carlos Rodriguez Pro Se

Joint Debtor(s):

Raquel G Rodriguez Pro Se

Movant(s):

The Bank of New York Mellon f/k/a Represented By

Kirsten Martinez

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:19-11789


Higuera Farms, Inc.


Telephonic Hearing


Chapter 7

#2.00 Hearing

RE: [29] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Wages owed, damages, penalties and interest for labor violations . (Rice, Cynthia)


Docket 29

*** VACATED *** REASON: Rescheduled for April 13, 2020 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Higuera Farms, Inc. Represented By Jerry Namba

Movant(s):

Juana Velasco-Torres Represented By Cynthia Rice

Gabriela Rendon-Vasquez Represented By Cynthia Rice

Cesar Jimenez-Mendoza Represented By Cynthia Rice

Benito Perez-Reyes Represented By Cynthia Rice

Luis Morales-Garcia Represented By Cynthia Rice

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11789


Higuera Farms, Inc.


Telephonic Hearing


Chapter 7

#3.00 Hearing

RE: [30] Motion and Notice of Motion for Leave to File Class Proof of Claim (Rice, Cynthia)


Docket 30

*** VACATED *** REASON: Rescheduled for April 13, 2020 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Higuera Farms, Inc. Represented By Jerry Namba

Movant(s):

Juana Velasco-Torres Represented By Cynthia Rice

Gabriela Rendon-Vasquez Represented By Cynthia Rice

Cesar Jimenez-Mendoza Represented By Cynthia Rice

Benito Perez-Reyes Represented By Cynthia Rice

Luis Morales-Garcia Represented By Cynthia Rice

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-10449


Farshad Fasihi Harandi

Telephonic Hearing


Chapter 11

#4.00 Hearing

RE: [177] Motion to Appoint Trustee -- Motion of JPMorgan Chase Bank, N.A. to Appoint a Chapter 11 Trustee, or in the Alternative, Convert the Case to Chapter 7, with Proof of Service


Docket 177


Tentative Ruling:

Please be prepared to address whether conversion or appointment of a chapter 11 trustee is the more appropriate action.

Party Information

Debtor(s):

Farshad Fasihi Harandi Represented By David A Tilem

Movant(s):

JPMorgan Chase Bank, National Represented By

Merdaud Jafarnia Sharon Z. Weiss

11:30 AM

9:19-10449


Farshad Fasihi Harandi

Telephonic Hearing


Chapter 11

#4.10 Hearing

RE: [170] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)


FR. 3-3-20


Docket 170


Tentative Ruling:

Please be prepared to address whether conversion or appointment of a chapter 11 trustee is the more appropriate action.

Party Information

Debtor(s):

Farshad Fasihi Harandi Represented By David A Tilem

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:15-12199


Aimee Nozzi


Telephonic Hearing


Chapter 11

#5.00 CONT'D Amended Disclosure Statement Third Amended; Declarations of Aimee Nozzi and Stella Havkin Filed by Debtor Aimee Nozzi (RE: related document(s)199 Disclosure Statement Second Amended; Declarations of Aimee Nozzi and Stella Havkin Filed by Debtor Aimee Nozzi. (Attachments: # 1 Index part 2 # 2 Index part 3 # 3 Index PART 4)). (Havkin, Stella)


FR. 11-5-19, 1-6-20, 1-16-20, 1-23-20, 1-30-20


Docket 416

Tentative Ruling:

Party Information

Debtor(s):

Aimee Nozzi Represented By

Stella A Havkin

11:30 AM

9:18-12087

Green Pharmaceuticals, Inc.

Telephonic Hearing

Chapter 11

#6.00 Hearing

RE: [184] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)


FR. 3-3-20


Docket 184


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Green Pharmaceuticals, Inc. Represented By Steven R Fox

W. Sloan Youkstetter Janis G Abrams

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:18-12087


Green Pharmaceuticals, Inc.

Telephonic Hearing


Chapter 11

#7.00 CONT'D Hearing on Confirmation of Chapter 11 Plan of Reorganization (RE: related document(s)[125] Chapter 11 Plan filed by Debtor Green Pharmaceuticals, Inc., and [144] Amended Chapter 11 Plan filed by Debtor Green Pharmaceuticals, Inc.)


FR. 10-15-19, 11-14-19,12-16-19, 2-3-20, 3-2-20


Docket 125


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Green Pharmaceuticals, Inc. Represented By Steven R Fox

W. Sloan Youkstetter Janis G Abrams

11:30 AM

9:18-11191


Steven Allen Harris


Telephonic Hearing


Chapter 11

#7.10 CONT'D HEARING:

ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED AND DEBTOR'S COUNSEL SANCTIONED


FR. 3-9-20


Docket 49


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Steven Allen Harris Represented By Dana M Douglas

11:30 AM

9:17-11642


Gary Charles Lewis


Chapter 7

Adv#: 9:17-01091

Masuda v. Lewis

Telephonic Hearing

#8.00 CONT'D Status Hearing

RE: [1] Adversary case 9:17-ap-01091. Complaint by Adam Masuda against Gary Charles Lewis. Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Wallin, Michael)


FR. 12-19-18, 1-29-19, 2-11-19, 3-12-19, 7-16-19, 9-3-19, 10-10-19, 12-17-19


Docket 1

Tentative Ruling:

Party Information

Debtor(s):

Gary Charles Lewis Represented By Matthew D. Resnik

Defendant(s):

Gary Charles Lewis Represented By Matthew D. Resnik

Plaintiff(s):

Adam Masuda Represented By Michael A Wallin

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11625

Shane Patrick Mahan

Chapter 7

Adv#: 9:19-01079

William G. Joiner, as Trustee of the William G. Jo v. Mahan Telephonic Hearing

#9.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01079. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Shane Patrick Mahan. (Nature of Suit: (41 - Objection / revocation of discharge - 727(c),(d),(e))). (Reynolds, Richard)


FR. 2-24-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Shane Patrick Mahan Pro Se

Defendant(s):

Shane Patrick Mahan Pro Se

Plaintiff(s):

William G. Joiner, as Trustee of the Represented By

Richard J Reynolds Meghan Canty Murphey

Trustee(s):

Jeremy W. Faith (TR) Pro Se


Tuesday, March 17, 2020

Hearing Room

1639


1:30 PM

1:20-10014


NSK Group, Inc.


Chapter 11


#1.00 Hearing RE: [76] Motion to Appoint Trustee Pursuant to U.S.C. §1104(a)(1) Telephonic Appearance Only

Docket 76


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

NSK Group, Inc. Represented By Kateryna Bilenka

1:30 PM

2: - Chapter


#0.00 To mitigate the spread of the COVID-19 virus, all hearings before Judge Saltzman will be telephonic until further notice.


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


Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).


If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

1:19-12259


Linda Jean Phillips


Chapter 11


#4.00 CONTD. Status Hearing RE: [1] Chapter 11 Voluntary Petition Individual.

Fr.10-22-19,12-4-19 2-5-20


(Telephonic Appearance Only)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Linda Jean Phillips Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

1:30 PM

1:20-10256


NAI Capital, Inc.


Chapter 11


#5.00 Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual. Inc. (Telephonic Appearance Only)

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

1:30 PM

1:19-11629


Valley Economic Development Center, Inc.


Chapter 11


#6.00 Hearing RE: [378] Motion to Allow Claim 45 to be Treated as Timely (Telephonic Appearance Only)

Docket 378


Tentative Ruling:

Please focus on whether the motion established excusable neglect.


The reply includes new evidence that was not in the motion regarding an associate, Matthew Emery, who had surgery three days before the claims bar date, citing this as a reason the Movant did not file a timely proof of claim.

See Reply at 5:12-6:5, Emery Decl. The motion makes no mention of Mr.Emery’s surgery; this evidence could have been raised there and was only raised in the reply. "New arguments or matters raised for the first time in reply documents will not be considered." LBR 9013-1(g)(4). The court will not consider this new evidence raised for the first time in the Movant’s reply documents.


Party Information

Debtor(s):

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik

Krikor J Meshefejian Lindsey L Smith

1:30 PM

1:19-12866


Studio Production Center, Inc.


Chapter 11

Adv#: 1:20-01018 Imagecraft Productions, Inc. v. Hollywood Center Stages, Inc. et al


#7.00 Order to Appear and Show Cause Why This Case Should Not be Remanded;

(Telephonic Appearance Only)


Docket 6


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner

Defendant(s):

Hollywood Center Stages, Inc. Pro Se

Ridge L Conlan Pro Se

Studio Production Center, Inc. Pro Se

Plaintiff(s):

Imagecraft Productions, Inc. Represented By Dean G Rallis Jr

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059


#1.00 Hearing

Duff et al v. Countrywide Financial Corporation et al Telephonic Hearing

RE: [16] Amended Motion (related document(s): 10 Motion to Amend (related document(s)6 Motion to Dismiss Adversary Proceeding ) filed by Defendant THE BANK OF NEW YORK MELLON, FKA, Defendant NewRez LLC DBA

Shellpoint Mortgage Servicing) (Klein, Bradford) FR. 1-7-20, 1-22-20, 2-18-20

Docket 16


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Home Loans Inc Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Bank, NA Represented By

E. Christine Hehir Payam Khodadadi

BANK OF AMERICA Represented By

E. Christine Hehir

11:30 AM

CONT...


Charles L. Duff


Payam Khodadadi


Chapter 11

THE BANK OF NEW YORK Represented By Bradford Klein

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir Payam Khodadadi

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir Payam Khodadadi

Movant(s):

THE BANK OF NEW YORK Represented By Bradford Klein

NewRez LLC DBA Shellpoint Represented By Bradford Klein

Plaintiff(s):

Charles L. Duff Represented By Jeremy H Rothstein

Cathryn A Duff Represented By Jeremy H Rothstein

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059


#2.00 Hearing

Duff et al v. Countrywide Financial Corporation et al Telephonic Hearing

RE: [32] Motion to Dismiss Adversary Proceeding (Johnson, Elliot) FR. 1-7-20, 1-22-20, 2-18-20

Docket 32


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Home Loans Inc Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Bank, NA Represented By

E. Christine Hehir Payam Khodadadi

BANK OF AMERICA Represented By

E. Christine Hehir Payam Khodadadi

THE BANK OF NEW YORK Represented By

11:30 AM

CONT...


Charles L. Duff


Bradford Klein


Chapter 11

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir Payam Khodadadi

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir Payam Khodadadi

Movant(s):

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

Plaintiff(s):

Charles L. Duff Represented By Jeremy H Rothstein

Cathryn A Duff Represented By Jeremy H Rothstein

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059

Duff et al v. Countrywide Financial Corporation et al Telephonic Hearing

#3.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01059. Complaint by Charles L. Duff against Countrywide Financial Corporation, Countrywide Home Loans Inc, Countrywide Bank, NA, BANK OF AMERICA, THE BANK OF NEW YORK MELLON, FKA,

BAYVIEW LOAN SERVICING, LLC, NewRez LLC DBA Shellpoint Mortgage Servicing, LandSafe, Inc., LandSafe Appraisal, Inc. n/k/a CoreLogic, Inc.. (Charge To Estate). Complaint For: (1) Violations of Californias Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.); (2) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)); (3) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.

§ 1962(d)); (4) Unjust Enrichment; (5) Fraud; (6) Violations of the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 1692p) (7) Breach of Covenant of Good Faith and Fair Dealing; and (8) Promissory Estoppel Nature of Suit: (14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Rothstein, Jeremy)


FR. 1-7-20, 1-22-20, 2-18-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir

11:30 AM

CONT...


Charles L. Duff


Payam Khodadadi


Chapter 11

Countrywide Home Loans Inc Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Bank, NA Represented By

E. Christine Hehir Payam Khodadadi

BANK OF AMERICA Represented By

E. Christine Hehir Payam Khodadadi

THE BANK OF NEW YORK Represented By Bradford Klein

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir Payam Khodadadi

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir Payam Khodadadi

Plaintiff(s):

Charles L. Duff Represented By Jeremy H Rothstein

Cathryn A Duff Represented By Jeremy H Rothstein

2:30 PM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059


#1.00 Hearing

Duff et al v. Countrywide Financial Corporation et al Telephonic Hearing

RE: [16] Amended Motion (related document(s): 10 Motion to Amend (related document(s)6 Motion to Dismiss Adversary Proceeding ) filed by Defendant THE BANK OF NEW YORK MELLON, FKA, Defendant NewRez LLC DBA

Shellpoint Mortgage Servicing) (Klein, Bradford) FR. 1-7-20, 1-22-20, 2-18-20

Docket 16


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Home Loans Inc Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Bank, NA Represented By

E. Christine Hehir Payam Khodadadi

BANK OF AMERICA Represented By

E. Christine Hehir

2:30 PM

CONT...


Charles L. Duff


Payam Khodadadi


Chapter 11

THE BANK OF NEW YORK Represented By Bradford Klein

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir Payam Khodadadi

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir Payam Khodadadi

Movant(s):

THE BANK OF NEW YORK Represented By Bradford Klein

NewRez LLC DBA Shellpoint Represented By Bradford Klein

Plaintiff(s):

Cathryn A Duff Represented By Jeremy H Rothstein

Charles L. Duff Represented By Jeremy H Rothstein

2:30 PM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059


#2.00 Hearing

Duff et al v. Countrywide Financial Corporation et al Telephonic Hearing

RE: [32] Motion to Dismiss Adversary Proceeding (Johnson, Elliot) FR. 1-7-20, 1-22-20, 2-18-20

Docket 32


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Home Loans Inc Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Bank, NA Represented By

E. Christine Hehir Payam Khodadadi

BANK OF AMERICA Represented By

E. Christine Hehir Payam Khodadadi

THE BANK OF NEW YORK Represented By

2:30 PM

CONT...


Charles L. Duff


Bradford Klein


Chapter 11

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir Payam Khodadadi

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir Payam Khodadadi

Movant(s):

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

Plaintiff(s):

Charles L. Duff Represented By Jeremy H Rothstein

Cathryn A Duff Represented By Jeremy H Rothstein

2:30 PM

9:18-11889


Charles L. Duff


Chapter 11

Adv#: 9:19-01059

Duff et al v. Countrywide Financial Corporation et al Telephonic Hearing

#3.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01059. Complaint by Charles L. Duff against Countrywide Financial Corporation, Countrywide Home Loans Inc, Countrywide Bank, NA, BANK OF AMERICA, THE BANK OF NEW YORK MELLON, FKA,

BAYVIEW LOAN SERVICING, LLC, NewRez LLC DBA Shellpoint Mortgage Servicing, LandSafe, Inc., LandSafe Appraisal, Inc. n/k/a CoreLogic, Inc.. (Charge To Estate). Complaint For: (1) Violations of Californias Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.); (2) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. § 1962(c)); (3) Violations of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C.

§ 1962(d)); (4) Unjust Enrichment; (5) Fraud; (6) Violations of the Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 1692p) (7) Breach of Covenant of Good Faith and Fair Dealing; and (8) Promissory Estoppel Nature of Suit: (14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Rothstein, Jeremy)


FR. 1-7-20, 1-22-20, 2-18-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Defendant(s):

Countrywide Financial Corporation Represented By

E. Christine Hehir

2:30 PM

CONT...


Charles L. Duff


Payam Khodadadi


Chapter 11

Countrywide Home Loans Inc Represented By

E. Christine Hehir Payam Khodadadi

Countrywide Bank, NA Represented By

E. Christine Hehir Payam Khodadadi

BANK OF AMERICA Represented By

E. Christine Hehir Payam Khodadadi

THE BANK OF NEW YORK Represented By Bradford Klein

BAYVIEW LOAN SERVICING, Represented By

Ian A Rambarran Elliot G Johnson

NewRez LLC DBA Shellpoint Represented By Bradford Klein

LandSafe, Inc. Represented By

E. Christine Hehir Payam Khodadadi

LandSafe Appraisal, Inc. n/k/a Represented By

E. Christine Hehir Payam Khodadadi

Plaintiff(s):

Cathryn A Duff Represented By Jeremy H Rothstein

Charles L. Duff Represented By Jeremy H Rothstein

11:30 AM

9: - Chapter


#0.00

To mitigate the spread of the COVID-19 virus, all hearings before Judge Saltzman will be telephonic until further notice.


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


Through April 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).


If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:20-10094


Rodolfo Padilla Sanchez


Chapter 7


#1.00 Hearing

RE: [11] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 NISSAN ALTIMA, VIN # 1N4AL3AP9FC474745 . (Vanlochem, Michael)


Docket 11


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Rodolfo Padilla Sanchez Represented By Raymond Perez

Movant(s):

NISSAN MOTOR ACCEPTANCE Represented By

11:30 AM

CONT...


Trustee(s):


Rodolfo Padilla Sanchez


Michael D Vanlochem


Chapter 7

Jerry Namba (TR) Pro Se

11:30 AM

9:18-10775


Ramon Franco


Chapter 7


#2.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Jeremy W. Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (pg))


Docket 82

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Ramon Franco Represented By Andrew S Mansfield

Trustee(s):

Jeremy W. Faith (TR) Represented By Meghann A Triplett Noreen A Madoyan

11:30 AM

CONT...


Ramon Franco


Chapter 7

11:30 AM

9:19-10001


Rosario Perry


Chapter 11


#3.00 Hearing

RE: [75] Motion RE: Objection to Claim Number 6 by Claimant Franchise Tax Board. (Bryner, Candice)


FR. 10-10-19, 2-18-20


Docket 75

*** VACATED *** REASON: Resolved by stipulation. Order entered on 3/16/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rosario Perry Represented By Michael R Totaro

Candice Candice Bryner

Movant(s):

Rosario Perry Represented By Michael R Totaro

Candice Candice Bryner

11:30 AM

9:19-10001


Rosario Perry


Chapter 11


#4.00 Hearing

RE: [133] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III . (Fittipaldi, Brian)


Docket 133


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rosario Perry Represented By Michael R Totaro

Candice Candice Bryner

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:13-12516


Daniel M Brucker


Chapter 11


#5.00 Hearing

RE: [355] U.S. Trustee Motion to dismiss or convert NOTICE OF MOTION AND MOTION UNDER 11 U.S.C. § 1112(b) TO DISMISS OR CONVERT CASE; DECLARATION OF ALFRED COOPER III . (Fittipaldi, Brian)


Docket 355


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel M Brucker Represented By Ellen M. Cheney

Matthew D. Resnik Roksana D. Moradi-Brovia

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:16-11042


John Sperry Reynolds


Chapter 11


#6.00 Hearing

RE: [290] U.S. Trustee Motion to dismiss or convert NOTICE OF MOTION AND MOTION UNDER 11 U.S.C. § 1112(b) TO DISMISS OR CONVERT CASE; DECLARATION OF ALFRED COOPER III . (Fittipaldi, Brian)


Docket 290


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

John Sperry Reynolds Represented By Andrew S Mansfield Ellen M. Cheney

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:16-11624


Leo Rito Sandoval, Jr


Chapter 11


#7.00 Hearing

RE: [183] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)


Docket 183


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Leo Rito Sandoval Jr Represented By Matthew D Metzger

Amelia Puertas-Samara

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:17-10175


Nancy Lang Mickelberry


Chapter 11


#8.00 Hearing

RE: [130] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)


Docket 130


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nancy Lang Mickelberry Represented By Chris Gautschi

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:20-10065


AIS Construction Company


Chapter 11


#9.00 CONTD. Hearing

RE: [10] U.S. Trustee Motion to dismiss or convert case; Declaration of Maria D. Marquez with proof of service . (Fittipaldi, Brian)


FR. 3-3-20


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

AIS Construction Company Represented By William E. Winfield

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:20-10065


AIS Construction Company


Chapter 11


#10.00 CONTD. Chapter 11 Status Conference


FR. 3-3-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

AIS Construction Company Represented By William E. Winfield

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11


#11.00 CONT'D Hearing RE: [126] and [160] Motion to Dismiss or Convert Chapter 11 Case


FR. 9-3-19, 10-29-19, 12-5-19


Docket 160


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Movant(s):

The Bank of New York Mellon FKA Represented By

Greg P Campbell

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11


#12.00 CONT'D Chapter 11 Status Conference


FR. 12-18-19, 4-24-19, 6-12-19, 7-3-19, 9-3-19, 10-29-19, 12-5-19


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

11:30 AM

9:17-10918


Jonathan David Startz


Chapter 11


#13.00 CONT'D Confirmation Hearing

RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)


FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,

FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE), FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19, 3-3-20


Docket 174


Tentative Ruling:

The Debtor requests that this hearing be continued to a date in March 2020.

Party Information

Debtor(s):

Jonathan David Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

9:18-10196


Salvador Uribe and Edelia Pina


Chapter 11


#14.00 Confirmation Hearing


Docket 161

*** VACATED *** REASON: Case was dismissed on 1/24/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Salvador Uribe Represented By Bryan Diaz

Joint Debtor(s):

Edelia Pina Represented By

Bryan Diaz

Movant(s):

Salvador Uribe Represented By Bryan Diaz

11:30 AM

9:19-10291


Golf View Lane Limited Partnership, a California L


Chapter 11


#15.00 Confirmation Hearing

RE: [105] Chapter 11 Plan of Reorganization


Docket 105


Tentative Ruling:

The Plan does not appera to satisfy § 1129(a)(10) because no valid votes of an impaired class have been submitted to "accept" the Plan.

Party Information

Debtor(s):

Golf View Lane Limited Partnership, Represented By

Joseph G. McCarty

M. Jonathan Hayes Robert M Yaspan

11:30 AM

9:19-10846


Advanced Media Networks, LLC


Chapter 11


#16.00 CONT'D Chapter 11 Status Conference


FR. 7-3-19, 9-26-19, 12-17-19


Docket 1


Tentative Ruling:

Appearances required. The court will set deadlines at this status conference, as indicated at our last hearing.

Party Information

Debtor(s):

Advanced Media Networks, LLC Represented By

Peter T Steinberg

11:30 AM

9:20-10035


Erich Lee Russell


Chapter 11


#17.00 Hearing

RE: [53] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2380 Live Oak Road, Paso Robles, CA 93446 . (Gomez, Michael)


Docket 53


Tentative Ruling:

The Movant's evidentiary objections are sustained. The Debtor’s declaration is not properly executed and authenticated because it lacks a holographic signature. The declaration lacks proper authentication under Fed. R. Evid. 901, 902; it further violates LBR 9011-1(a), requiring that all signatures be holographic signatures and Fed. R. Evid. 901, requiring proponents of evidence to satisfy the requirement of authenticating an item of evidence. The court will not consider the declaration.


Even if the court were to consider the declaration, the Debtor's testimony would not offer credible evidence to refute the evidence of cause for relief here.

Party Information

Debtor(s):

Erich Lee Russell Represented By Kari L Ley

Movant(s):

Farm Credit West, FLCA Represented By Michael J Gomez Reed S Waddell Gerrick Warrington

11:30 AM

9:20-10035


Erich Lee Russell


Chapter 11


#18.00 Chapter 11 Status Conference


FR. 2-18-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Erich Lee Russell Represented By Kari L Ley

11:30 AM

9:18-10785


Charles Ardeil Hamm, II


Chapter 7

Adv#: 9:20-01012 Hamm II v. Namba


#19.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01012. Complaint by Charles A Hamm II against Jerry Namba . Adversary Complaint to Determine Interest in Property (Federal Rule of Bankruptcy Procedure 7001(a) and (9)) (Fee Not Paid/Charge To Estate). Nature of Suit: (91 (Declaratory judgment)) (Rust, Kam).


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles Ardeil Hamm II Pro Se

Defendant(s):

Jerry Namba Pro Se

Plaintiff(s):

Charles A Hamm II Pro Se

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:18-11436


Julie Mai


Chapter 7

Adv#: 9:20-01014 McBeth v. Mai


#20.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01014. Complaint by Sandra K. McBeth against Rick Louis Mai. (Charge To Estate). (Attachments: # 1 Exhibit 1, Part 1 # 2 Exhibit 1, Part 2 # 3 Exhibit 1, Part 3 # 4 Adv. Proc. Cover Sheet) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) (Sholder, Joseph)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Julie Mai Represented By

Vaughn C Taus

Defendant(s):

Rick Louis Mai Represented By Matthew S Kennedy

Plaintiff(s):

Sandra K. McBeth Represented By Joseph M Sholder

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder

11:30 AM

9:18-12079


Super98, LLC


Chapter 7

Adv#: 9:20-01003 Namba, Chapter 7 Trustee v. Bentham IMF 1 LLC, a Delaware limited


#21.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01003. Complaint by Jerry Namba, Chapter 7 Trustee against Bentham IMF 1 LLC, a Delaware limited liability company, Security Finance 1 LLC, a Delaware limited liability company. (Charge To Estate). Complaint for Declaratory Relief, and Avoidance and Recovery of Preferential Transfer Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(12 (Recovery of money/property - 547 preference)) (Tedford, John)


Docket 1

*** VACATED *** REASON: Stipulated order entered on 3-9-2020. Hearing continued to April 28, 2020 at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Super98, LLC Represented By

Kevin M. Sullivan

Defendant(s):

Bentham IMF 1 LLC, a Delaware Represented By

Tobias S Keller Dara L Silveira

Security Finance 1 LLC, a Delaware Represented By

Tobias S Keller Dara L Silveira

Plaintiff(s):

Jerry Namba, Chapter 7 Trustee Represented By

John N Tedford IV

11:30 AM

CONT...

Trustee(s):


Super98, LLC


Chapter 7

Jerry Namba (TR) Represented By

John N Tedford IV Eric P Israel

11:30 AM

9:18-12079


Super98, LLC


Chapter 7

Adv#: 9:20-01004 Namba, Chapter 7 Trustee v. The Cardinal Collection Educational


#22.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01004. Complaint by Jerry Namba, Chapter 7 Trustee against The Cardinal Collection Educational Foundation, a California non-profit public benefit corporation, Martin Logies, an individual, John Skirtich, an individual. (Charge To Estate). Complaint for Declaratory Relief, Subordination of Claims, Avoidance and Recovery of Preferential Transfer, and Disallowance of Claim Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(81 (Subordination of claim or interest)),(12 (Recovery of money/property - 547 preference)) (Tedford, John)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Super98, LLC Represented By

Kevin M. Sullivan

Defendant(s):

The Cardinal Collection Educational Represented By

Todd C. Ringstad

Martin Logies, an individual Represented By Todd C. Ringstad

John Skirtich, an individual Represented By Todd C. Ringstad

Plaintiff(s):

Jerry Namba, Chapter 7 Trustee Represented By

John N Tedford IV

11:30 AM

CONT...

Trustee(s):


Super98, LLC


Chapter 7

Jerry Namba (TR) Represented By

John N Tedford IV Eric P Israel

11:30 AM

9:18-12079


Super98, LLC


Chapter 7

Adv#: 9:20-01005 Namba, Chapter 7 Trustee v. Levine, an individual


#23.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01005. Complaint by Jerry Namba, Chapter 7 Trustee against Laurence H. Levine, an individual. (Charge To Estate).

Complaint for Declaratory Relief, Avoidance and Recovery of Preferential Transfer, Avoidance and Recovery of Fraudulent Transfer, and Disallowance of Claim Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Tedford, John)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Super98, LLC Represented By

Kevin M. Sullivan

Defendant(s):

Laurence H. Levine, an individual Represented By

Michael A Sweet Keith C Owens

Plaintiff(s):

Jerry Namba, Chapter 7 Trustee Represented By

John N Tedford IV

Trustee(s):

Jerry Namba (TR) Represented By

John N Tedford IV Eric P Israel

11:30 AM

9:19-10114


Virginia Rivera


Chapter 7

Adv#: 9:19-01065 Faith, Chapter 7 Trustee v. Valerio Rivera


#24.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01065. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Luis Emmanuel Valerio Rivera. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; and (4) Turnover [11 U.S.C. § 542] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Madoyan, Noreen)


FR. 1-7-20


Docket 1


Tentative Ruling:

Plaintiff to file and serve motion for default judgment.

Party Information

Debtor(s):

Virginia Rivera Represented By Andrew S Mansfield

Defendant(s):

Luis Emmanuel Valerio Rivera Represented By Christian J Younger

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Noreen A Madoyan

Trustee(s):

Jeremy W. Faith (TR) Represented By

11:30 AM

CONT...


Virginia Rivera


Noreen A Madoyan


Chapter 7

11:30 AM

9:19-10117


Carolina Chavez


Chapter 7

Adv#: 9:19-01037 McBeth v. Chavez


#25.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01037. Complaint by Sandra K. McBeth against Javier Chavez. (Charge To Estate). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Sholder, Joseph)


FR. 9-26-19, 12-17-19


Docket 1

*** VACATED *** REASON: Continued to August 4, 2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carolina Chavez Represented By Andrew S Mansfield

Defendant(s):

Javier Chavez Represented By Larry D Webb

Plaintiff(s):

Sandra K. McBeth Represented By Joseph M Sholder Felicita A Torres

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres

11:30 AM

9:19-10135


Charolette D.W. Iverson


Chapter 7

Adv#: 9:19-01015 KELLY v. IVERSON et al


#26.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01015. Complaint by Sandra K. McBeth against Cathy Iverson. (Charge To Estate). Notice of Removal of Lawsuit Pending in State Court to Bankruptcy Court Nature of Suit: (01 (Determination of removed claim or cause)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Simons, Larry)


FR. 6-12-19, 7-16-19, 10-15-19, 12-17-19


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charolette D.W. Iverson Represented By Jeremy Faith

Defendant(s):

CHAROLETTE IVERSON Pro Se

Cathy Iverson Represented By

Candice Candice Bryner Jeremy Faith

Plaintiff(s):

AEOLAN KELLY Represented By Diane Goldman

Trustee(s):

Sandra McBeth (TR) Represented By Larry D Simons

11:30 AM

9:19-10657


Jeanne Mary Cimarusti


Chapter 7

Adv#: 9:19-01064 Faith, Chapter 7 Trustee v. Cimarusti


#27.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01064. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Paul Cimarusti. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfer [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfer [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; (4) Turnover [11 U.S.C. § 542]; and (5) Declaratory Relief (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)) (Madoyan, Noreen)


FR. 1-7-20


Docket 1

*** VACATED *** REASON: Case dismissed on 2/20/20 Tentative Ruling:

The court will continue this matter to 3/24/20 at 11:30 a.m. Plaintiff to provide

notice. No appearances required.

Party Information

Debtor(s):

Jeanne Mary Cimarusti Represented By David S Quintana

Defendant(s):

Paul Cimarusti Pro Se

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Noreen A Madoyan

11:30 AM

CONT...

Trustee(s):


Jeanne Mary Cimarusti


Chapter 7

Jeremy W. Faith (TR) Represented By Noreen A Madoyan

11:30 AM

9:19-10845


Aurea Chavez Navarrete


Chapter 7

Adv#: 9:20-01010 Namba v. Vazquez


#28.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01010. Complaint by Jerry Namba against Miguel Vazquez. (Charge To Estate). COMPLAINT TO DETERMINE BANKRUPTCY ESTATES INTEREST IN REAL PROPERTY; FOR SALE OF REAL PROPERTY FREE AND CLEAR OF INTERESTS OF CO-OWNER

Nature of Suit: (91 (Declaratory judgment)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Olmstead, Reed)


Docket 1

*** VACATED *** REASON: Stipulated order entered on 3-6-20. Hearing continued to April 28, 2020 at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aurea Chavez Navarrete Represented By Charles W Oaks

Defendant(s):

Miguel Vazquez Represented By Charles W Oaks

Plaintiff(s):

Jerry Namba Represented By

Reed H Olmstead

Trustee(s):

Jerry Namba (TR) Represented By Reed H Olmstead

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#29.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01040. Complaint by The Official Committee of Unsecured Creditors against Gurpreet Sahani, Gurpreet Gurpreet Sahani as Trustee of The Green Acres Trust Dated May 10, 2017, Rajinder Sahani, Amarjit Sahani, Shaheen Sahani. Recovery, and Preservation of Preferential Transfers;

  1. Avoidance, Recovery, and Preservation of Intentional Fraudulent Transfers;

  2. Avoidance, Recovery, and Preservation of Constructive Fraudulent Transfers; (4) Breach of Fiduciary Duty; (5) Conversion/Misappropriation; (6) Civil Liability Under Penal Code § 496; (7) Unfair Business Practices (Business and

Professions Code § 17200); (8) Misappropriation of Trade Secrets; (9) Declaratory Relief; (10) Quiet Title; and (11) Turnover (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))(Haes, Chad)


FR. 10-24-18, 4-16-19, 6-12-19, 7-23-19


Docket 1

*** VACATED *** REASON: Continued to June 23, 2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Gurpreet Sahani Represented By Lewis R Landau

11:30 AM

CONT...


Rajysan, Inc.


Chapter 11

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Chad V Haes

D Edward Hays

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01048 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#30.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01048. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against State of New Jersey Department of the Treasury, Taxation Division. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)


FR. 11-28-18, 4-16-19, 6-12-19, 7-23-19


Docket 1

*** VACATED *** REASON: Continued to June 23, 2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

State of New Jersey Department of Pro Se

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Richard A Marshack Chad V Haes

D Edward Hays

11:30 AM

CONT...

Trustee(s):


Rajysan, Inc.


Chapter 11

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01049 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v. Los


#31.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01049. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against Los Angeles County Treasurer and Tax Collector. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)


FR. 11-28-18, 6-12-19, 7-23-19


Docket 1

*** VACATED *** REASON: Continued to June 23, 2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Los Angeles County Treasurer and Represented By

Jacquelyn H Choi

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Richard A Marshack Chad V Haes

D Edward Hays

11:30 AM

CONT...

Trustee(s):


Rajysan, Inc.


Chapter 11

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01051 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#32.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01051. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against California Franchise Tax Board. Recovery, And Preservation Of Fraudulent Transfers [11

U.S.C. §§ 548, 550, and 551]; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551]; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance Of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)

FR. 11-28-18, 7-23-19 AND

Status Hearing

RE: [22] Third-Party Complaint by California Franchise Tax Board against Jasmine Sahani, Gurmeet Sahani, Shaneen Sahani, Gurpreet Sahani, Rajinder Sahani, Amarjit Sahani For 1) Unjust Enrichment (Claims 1-6), 2) Constructive Trust (Claims 7-12), 3) Equitable Lien (Claims 13-18), and 4) Equitable

Indemnity (Claims 19-24).


FR. 1-30-19, 4-16-19, 6-12-19, 7-23-19


Docket 1

*** VACATED *** REASON: Continued to June 23, 2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

11:30 AM

CONT...


Rajysan, Inc.


Chapter 11

Defendant(s):

California Franchise Tax Board Represented By John C Keith

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Richard A Marshack Chad V Haes

D Edward Hays

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01052 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#33.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01052. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against Department of the Treasury, Internal Revenue Service. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551]; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendants [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)


FR. 11-28-18, 1-9-19, 4-16-19, 6-12-19, 7-23-19


Docket 1

*** VACATED *** REASON: Continued to June 23, 2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Department of the Treasury Pro Se

Internal Revenue Service Represented By Najah J Shariff

UNITED STATES OF AMERICA Represented By

Najah J Shariff

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

11:30 AM

CONT...


Trustee(s):


Rajysan, Inc.


Richard A Marshack Chad V Haes

D Edward Hays


Chapter 11

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01066 Itkin v. Organizacion Ideal S. de R.L. de C.V.


#34.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01066. Complaint by Robbin L Itkin against Princess Mundo Imperial Hotel. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(12 (Recovery of money/property - 547 preference)) (Riley, David)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Organizacion Ideal S. de R.L. de Pro Se

Plaintiff(s):

Robbin L Itkin Represented By David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01067 Itkin v. SMANA HOTEL AL RAFFA et al


#35.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01067. Complaint by Robbin L Itkin against SMANA HOTEL AL RAFFA, RAJESH BAHETI. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

SMANA HOTEL AL RAFFA Pro Se

RAJESH BAHETI Pro Se

Plaintiff(s):

Robbin L Itkin Represented By David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01068 Itkin v. Zen Co., Ltd


#36.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01068. Complaint by Robbin L Itkin against Zen Co., Ltd. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Zen Co., Ltd Pro Se

Plaintiff(s):

Robbin L Itkin Represented By David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01069 Itkin v. ELO et al


#37.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01069. Complaint by Robbin L Itkin against ELO, 3E EIGHT LLC, 3E ONE LLC, MIAMI SUPERCAR ROOMS, ELO

TRUSTEES LTD.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

ELO Pro Se

3E EIGHT LLC Pro Se

3E ONE LLC Pro Se

MIAMI SUPERCAR ROOMS Pro Se

ELO TRUSTEES LTD. Pro Se

Plaintiff(s):

Robbin L Itkin Represented By David M Riley

11:30 AM

CONT...

Trustee(s):


Bikram's Yoga College of India LP, a limited


Chapter 11

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01070 Itkin v. Shigenaga et al


#38.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01070. Complaint by Robbin L Itkin against Monica Shigenaga, COCOJOR HAWAII, LLC, JADOO, LLC. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Monica Shigenaga Pro Se

COCOJOR HAWAII, LLC Pro Se

JADOO, LLC Pro Se

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited

David M Riley Robbin L. Itkin


Chapter 11

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01071 Itkin v. Bhattachriya et al


#39.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01071. Complaint by Robbin L Itkin against Sumanta Bhattachriya, Bikram Hotyoga Co. Ltd.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


Docket 1


Tentative Ruling:


Debtor(s):


Party Information

Pari F Kermani Represented By Dana M Douglas

1:30 PM

1:20-10014


NSK Group, Inc.


Chapter 11


#3.00 CONTD. Hearing RE: [9] Motion For Order Authorizing Debtor And Debtor In Possession To Use Cash Collateral on an Interim Basis

fr. 1-14-20,2-20-20


Docket 9

*** VACATED *** REASON: Off Calendar -Case Converted to Ch. 7 Tentative Ruling:

The trustee's motion to convert to chapter 7 is unopposed. The trustee needs

to file a declaration re non-opposition and lodge an order. Then the court will take this matter off calendar.

Party Information

Debtor(s):

NSK Group, Inc. Represented By Kateryna Bilenka

Movant(s):

NSK Group, Inc. Represented By Kateryna Bilenka Kateryna Bilenka Kateryna Bilenka

Trustee(s):

Elissa Miller (TR) Pro Se

1:30 PM

1:19-11629


Valley Economic Development Center, Inc.


Chapter 11


#4.00 Hearing RE: [431] Motion For: Entry Of An Order Authorizing The Debtor To Return Grant Funds To Wells Fargo Foundation;


Docket 431


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


Grant all requested relief.


Movant to lodge order within seven days.

Party Information

Debtor(s):

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik

Krikor J Meshefejian Lindsey L Smith

Movant(s):

Valley Economic Development Represented By Ron Bender Ron Bender

1:30 PM

CONT...


Valley Economic Development Center, Inc.

Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Ron Bender Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Jeffrey S Kwong Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik Eve H Karasik

Krikor J Meshefejian

Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Krikor J Meshefejian Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith Lindsey L Smith


Chapter 11

1:30 PM

CONT...


Valley Economic Development Center, Inc.

Lindsey L Smith Lindsey L Smith


Chapter 11

1:30 PM

1:19-11924


01 BH Partnership


Chapter 11


#5.00 Hearing RE: [76] Motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: 1001 N. Beverly Glen, Los Angeles, CA 90077 .


Docket 76


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT. The Movant may proceed with the Non-bankruptcy Action defined in the motion.


Movant to submit order within seven days.


Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

1:30 PM

1:19-11924


01 BH Partnership


Chapter 11


#6.00 CONTD. Hearing RE: [52] Motion for Setting Property Value (Corrected Motion)


fr. 1-8-20

fr. 3-10-20


Docket 52

*** VACATED *** REASON: Rescheduled by Order to 7/1/20 @ 1:30 PM Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

1:30 PM

1:19-11924


01 BH Partnership


Chapter 11


#7.00 Hearing RE: [42] Motion for approval of chapter 11 disclosure statement fr. 1-7-20, 1-8-20

fr. 3-10-20


Docket 42

*** VACATED *** REASON: Rescheduled by Order to 7/1/20 @ 1:30 PM Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

1:30 PM

1:19-11924


01 BH Partnership


Chapter 11


#8.00 CONTD. Hearing RE: [29] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1001 North Beverly Glenn Blvd, Los Angeles, CA 90077 .

fr. 11-20-19, 1-7-20, 1-8-20

fr. 3-10-20


Docket 29

*** VACATED *** REASON: Rescheduled by Order to 7/1/20 @ 1:30 PM Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

DEUTSCHE BANK NATIONAL Represented By

Nathan F Smith

1:30 PM

1:19-11924


01 BH Partnership


Chapter 11


#9.00 CONT'D. Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual. fr.9-10-19, 11-6-19, 11-20-19

fr. 1-7-20, 1-8-20

fr. 3-10-20


Docket 1

*** VACATED *** REASON: Rescheduled by Order to 7/1/20 @ 1:30 PM Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

9: - Chapter


#0.00 To mitigate the spread of the COVID-19 virus, all hearings before Judge Saltzman will be telephonic until further notice.


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


Through June 30, 2020, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).


If you have an evidentiary hearing or trial scheduled, the court will contact you to discuss arrangements.


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:19-10386


Mireya Rodriguez


Chapter 13


#1.00 Hearing

RE: [45] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3031 Kadota Street, Simi Valley, California 93063 with Proof of Service. (Martinez, Kirsten)


FR. 4-29-20


Docket 45

*** VACATED *** REASON: Stipulated Adequate Protection Order was Entered on 4/29/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mireya Rodriguez Represented By Matthew D. Resnik

Movant(s):

Deutsche Bank National Trust Represented By Kirsten Martinez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11409


Steven Phillip Rosen and Renee Terrie Rosen


Chapter 13


#2.00 Motion for relief from stay [RP] THE MONEY SOURSE INC FR. 4-29-2020

Docket 66

*** VACATED *** REASON: Case was dismissed on 4/16/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Steven Phillip Rosen Represented By Vicki I Temkin

Joint Debtor(s):

Renee Terrie Rosen Represented By Vicki I Temkin

Movant(s):

The Money Source Inc. Represented By Mukta Suri Kirsten Martinez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10554


Community Provider of Enrichment Services, Inc.


Chapter 11


#3.00 HearingRE: [10] Emergency motion OF DEBTORS FOR AN ORDER LIMITING SCOPE OF NOTICE; MEMORANDUM OF POINTS AND AUTHORITIES


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Community Provider of Enrichment Represented By

Ryan M Salzman

Movant(s):

Community Provider of Enrichment Represented By

Ryan M Salzman Ryan M Salzman Ryan M Salzman

11:30 AM

9:20-10554


Community Provider of Enrichment Services, Inc.


Chapter 11


#4.00 HearingRE: [11] Emergency motion OF DEBTORS FOR AN ORDER AUTHORIZING PROCEDURES TO MAINTAIN AND PROTECT CONFIDENTIAL CLIENT INFORMATION; MEMORANDUM OF POINTS AND AUTHORITIES


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Community Provider of Enrichment Represented By

Ryan M Salzman

Movant(s):

Community Provider of Enrichment Represented By

Ryan M Salzman Ryan M Salzman Ryan M Salzman

11:30 AM

9:20-10554


Community Provider of Enrichment Services, Inc.


Chapter 11


#5.00 HearingRE: [12] Emergency motion OF DEBTORS FOR AN ORDER: (I) APPROVING DEBTORS PROPOSED FORM OF ADEQUATE ASSURANCE OF PAYMENT TO UTILITY COMPANIES; (II) ESTABLISHING PROCEDURES FOR RESOLVING OBJECTIONS BY UTILITY COMPANIES; (III) PROHIBITING UTILITY COMPANIES FROM ALTERING, REFUSING, OR DISCONTINUING SERVICE; AND (IV) GRANTING RELATED RELIEF; MEMORANDUM OF POINTS AND AUTHORITIES (Salzman, Ryan)


Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Community Provider of Enrichment Represented By

Ryan M Salzman

Movant(s):

Community Provider of Enrichment Represented By

Ryan M Salzman Ryan M Salzman Ryan M Salzman

11:30 AM

9:20-10554


Community Provider of Enrichment Services, Inc.


Chapter 11


#6.00 HearingRE: [13] Emergency motion OF DEBTORS FOR THE ENTRY OF AN ORDER: (I) AUTHORIZING DEBTORS TO (A) CONTINUE TO OPERATE THEIR CASH MANAGEMENT SYSTEM, (B) MAINTAIN EXISTING BUSINESS FORMS, AND (C) CONTINUE INTERCOMPANY ARRANGEMENTS; (II) GRANTING AN EXTENSION OF TIME TO COMPLY WITH REQUIREMENTS OF 11 U.S.C. § 345(b); AND (III) GRANTING RELATED RELIEF; MEMORANDUM OF POINTS

AND AUTHORITIES (Salzman, Ryan)


Docket 13


Tentative Ruling:

Party Information

1:30 PM

CONT...

Debtor(s):


Rochelle S. Rosenthal


Chapter 7

Rochelle S. Rosenthal Represented By Reed H Olmstead

Defendant(s):

Rochelle S. Rosenthal Represented By Reed H Olmstead

Plaintiff(s):

Eva Pastora Represented By

William E. Winfield

Trustee(s):

Jeremy W. Faith (TR) Pro Se

1:30 PM

1:20-10111


Pari F Kermani


Chapter 11


#1.00 CONTD. Status Hearing RE: [1] Chapter 11 Voluntary Petition Individual. fr.2-25-20, 6-3-20


Docket 1


Tentative Ruling:

Off calendar. No appearances.


The hearing set for 6/3/20 on the court's order to show cause re: dismissal due to the debtor's failure to appear at the 4/29/20 status conference was taken off calendar in response to counsel's written response to the OSC. The court did not want to penalize the debtor for counsel's error.


When the court took that matter off calendar, it directed the debtor (in the tentative ruling and in a docket entry) to file a status report no later than 6/24/20. As of 6/30/20 at 4:34 p.m., no status report has been filed.


The court is astonished that afer the court issued an order to show cause why this case should not be dismissed -- something the court rarely is forced to do in a chapter 11 case -- the debtor couldn't comply with the simple direction to file a status report a week before this status conference (or, indeed, any status report).


This matter will not be called on 7/1/20. It is a waste of time.


The court will issue another order to show cause why this case should not be dismissed. The OSC will also include sanctions. The debtor's written response must include a satisfactory explanation as well as a proposed scheduling order with a deadline for filing a plan and disclosure statement.


Party Information

Debtor(s):

Pari F Kermani Represented By Dana M Douglas

1:30 PM

1:19-11629


Valley Economic Development Center, Inc.


Chapter 11


#2.00 Hearing RE: [502] Motion for Entry of an Order Approving Settlement and Compromise with City National Bank;


Docket 502


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


Grant. Movant to lodge order within seven days.

Party Information

Debtor(s):

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik

Krikor J Meshefejian Lindsey L Smith

1:30 PM

1:19-11924


01 BH Partnership


Chapter 11


#3.00 CONTD. Hearing RE: [29] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1001 North Beverly Glenn Blvd, Los Angeles,

CA 90077


fr. 11-20-19, 1-7-20, 1-8-20

fr. 3-10-20, 4-29-20


Docket 29

*** VACATED *** REASON: Continued by Stip. to 8/26/20 at 1:30 PM Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

DEUTSCHE BANK NATIONAL Represented By

Nathan F Smith

1:30 PM

1:19-11924


01 BH Partnership


Chapter 11


#4.00 CONTD. Hearing RE: [52] Motion for Setting Property Value (Corrected Motion) fr. 1-8-20,3-10-20, 4-29-20

Docket 52

*** VACATED *** REASON: Continued by Stip. to 8/26/20 at 1:30 PM Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

1:30 PM

1:19-11924


01 BH Partnership


Chapter 11


#5.00 Hearing RE: [42] Motion for approval of chapter 11 disclosure statement fr. 1-7-20, 1-8-20,3-10-20, 4-29-20

Docket 42

*** VACATED *** REASON: Continued by Stip. to 8/26/20 at 1:30 PM Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

1:30 PM

1:19-11924


01 BH Partnership


Chapter 11


#6.00 CONT'D. Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual.


fr.9-10-19, 11-6-19, 11-20-19

fr. 1-7-20, 1-8-20,3-10-20

fr. 4-29-20


Docket 1

*** VACATED *** REASON: Continued by Stip. to 8/26/20 at 1:30 PM Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

9:18-11931

Rebecca Jolene Borchers

Chapter 13


#1.00 Hearing

RE: [56] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2781 Calle Bienvenido, Thousand Oaks, CA 91360.


FR. 5-27-20, 6-10-20


Docket 56

*** VACATED *** REASON: Hearing continued by stipulated order to 7/21/20 at 11:30 am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rebecca Jolene Borchers Represented By Matthew D. Resnik

Movant(s):

Citibank, N.A., as Trustee for Represented By Katherine S Walker

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11353


Carol Richardson


Chapter 13


#2.00 Hearing

RE: [55] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 66 West Garden Green, Port Hueneme, CA 93041 . (Khil, Christina)


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Docket 55


Tentative Ruling:

Appearances required. Please confirm that the Debtor hasn't cured the delinquency as of the hearing date.

Party Information

11:30 AM

CONT...

Debtor(s):


Carol Richardson


Chapter 13

Carol Richardson Represented By James Studer

Movant(s):

Bank of New York Mellon Trust Represented By

Christina J Khil

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10091


Sandra Soto


Chapter 13


#3.00 Hearing

RE: [31] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 8116 North Ventura Avenue, Ventura, CA 93001


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Docket 31


Tentative Ruling:

Appearances required.


The "forbearance plan" the Debtor references is a form that the Debtor filled out online. The form clearly states that filling out the form is only a request for a forbearance plan, as seen above the signature lines. See Opposition,

11:30 AM

CONT...


Sandra Soto


Chapter 13

Exhibit C. The bottom of the form makes even more clear that the form is a request by stating that processing time for the request is seven to ten business days. The Debtor has not attached a confirmation of the request.


The movant should be prepared to confirm the status of any forbearance approval or denial. The Debtor should be prepared to confirm what, if any, payments have been made since the forbearance request form was filled out.


Party Information

Debtor(s):

Sandra Soto Represented By

Randall V Sutter

Movant(s):

Broker Solutions Inc. dba New Represented By

Erin M McCartney

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10724


Adrian Rosales and Erika Cervantes


Chapter 13


#4.00 Hearing

RE: [12] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property & Personal Property


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Docket 12


Tentative Ruling:

Is there any opposition to the motion?


The presumption arises that this case was not filed in good faith. What is the clear and convincing evidence to rebut the presumption?

Party Information

11:30 AM

CONT...

Debtor(s):


Adrian Rosales and Erika Cervantes


Chapter 13

Adrian Rosales Represented By Todd J Mannis

Joint Debtor(s):

Erika Cervantes Represented By Todd J Mannis

Movant(s):

Adrian Rosales Represented By Todd J Mannis

Erika Cervantes Represented By Todd J Mannis Todd J Mannis

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10544


Accuair Control Systems, LLC


Chapter 7


#5.00 Hearing

RE: [24] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 825 Buckley Road, San Luis Obispo, CA with Points and Authorities and Proof of Service. (Horowitz, Carissa)


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Docket 24

Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the

11:30 AM

CONT...

Accuair Control Systems, LLC

Chapter 7

motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.

Deny extraordinary relief requested in paras. 9, 11, and 12 (no cause shown).


MOVANT TO LODGE ORDER WITHIN 7 DAYS.

Party Information

Debtor(s):

Accuair Control Systems, LLC Represented By Paul F Ready

Movant(s):

SLO Buckley Properties, LLC, Represented By Carissa N Horowitz William C Beall

Trustee(s):

Jeremy W. Faith (TR) Represented By Meghann A Triplett

11:30 AM

9:20-10614


Joshua James Balding and Andrea Balding


Chapter 7


#6.00 Hearing

RE: [12] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Ford Mustang Vehicle Identification Number: 1FA6P8CF6F5303077 with proof of service. (Blackman, Mark)


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Docket 12

Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the

11:30 AM

CONT...

Joshua James Balding and Andrea Balding

Chapter 7

motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Joshua James Balding Represented By Karen Ware

Joint Debtor(s):

Andrea Balding Represented By Karen Ware

Movant(s):

Kinecta Federal Credit Union Represented By Mark S Blackman

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:16-11624


Leo Rito Sandoval, Jr


Chapter 11


#7.00 Hearing

RE: [193] Motion to Withdraw as Attorney ; Memorandum of Points and Authorities in Support (Metzger, Matthew)


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Docket 193


Tentative Ruling:

The motion did not attach a proof of service. Two proofs of service were separately filed improperly without caption pages (LBR 9013-3(c)).


The motion is based on the assertion that counsel had been unable to communicate with the debtor. The motion is based on citation to obsolete rules of professional conduct superseded as of 11/1/18. Counsel relies on

11:30 AM

CONT...


Leo Rito Sandoval, Jr


Chapter 11

RPC 3-700(c)(1)(d), which was superseded by RPC 1.16(b)(4), regarding conduct of the client that renders effective representation unreasonably difficult.


The motion asserts that the last communication received from the debtor was on 3/9/20. As to his efforts to reach the debtor, counsel testifies only that he made "repeated efforts via phone and email" to which the debtor had not responded -- but there is no indication of when these efforts were made. The motion appears to have been precipitated by 6/2/20 notice that the U.S. Trustee intended to file another motion to dismiss or convert. The motion to withdraw was filed on 6/5/20, leaving the court to wonder if counsel's efforts to contact the client were only in that three-day window. The declaration in support of the motion is insufficient to establish that the debtor has made effective representation unreasonably difficult.


The motion also makes a request of great concern to the court: that withdrawal be ordered nunc pro tunc to the date the motion was filed. Such a request undermines the requirement that counsel seek leave to withdraw -- why should the court rule now that counsel had no duties to the debtor before the court allowed him to withdraw? Does counsel believe he was relieved of his duties of counsel before this motion was decided? Otherwise, what could possibly be the point of nunc pro tunc effect of withdrawal?


The fact that bankrutpcy courts may grant nunc pro tunc relief in certain contexts, as reflected in the authorities cited by counsel, does not mean that such relief is appropriate for withdrawal of counsel. Counsel cites no authority supporting nunc pro tunc withdrawal of counsel.


The U.S. Trustee filed a motion to dismiss or convert on the same day counsel filed his motion to withdraw. Counsel filed an opposition to the motion, evidently without the debtor's consent. While counsel asserts that his "hands are tied," and he is doing what he can while his motion is pending, he was clearly not authorized by the debtor to file the response to the motion -- especially not a response made on the debtor's behalf.


To the extent counsel believed that he was required to file something in response to the UST's motion despite not being authorized to do so by the

11:30 AM

CONT...


Leo Rito Sandoval, Jr


Chapter 11

debtor, it is important to note that there was no need for counsel to set the withdrawal motion for hearing or to wait the notice period -- pursuant to LBR 2091-1(a), a motion for withdrawal may be made under LBR 9013-1(p).


The court needs to hear more details regarding counsel's efforts to contact the debtor. That will impact whether the court can grant this motion and whether the court should continue the U.S. Trustee's motion.


Party Information

Debtor(s):

Leo Rito Sandoval Jr Represented By Matthew D Metzger

Amelia Puertas-Samara

Movant(s):

Leo Rito Sandoval Jr Represented By Matthew D Metzger Matthew D Metzger Matthew D Metzger Matthew D Metzger

Amelia Puertas-Samara Amelia Puertas-Samara Amelia Puertas-Samara Amelia Puertas-Samara

11:30 AM

9:16-11624


Leo Rito Sandoval, Jr


Chapter 11


#8.00 Hearing

RE: [200] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)


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Docket 200


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Leo Rito Sandoval Jr Represented By Matthew D Metzger

11:30 AM

CONT...


Movant(s):


Leo Rito Sandoval, Jr


Amelia Puertas-Samara


Chapter 11

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:15-12199


Aimee Nozzi


Chapter 11


#9.00 Hearing

RE: [464] Motion for order confirming chapter 11 plan 7th Amended Plan; Declaratons of Aimee Nozzi and Stella Havkin


Docket 464

*** VACATED *** REASON: Continued to 7/21/20 at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aimee Nozzi Represented By

Stella A Havkin

Movant(s):

Aimee Nozzi Represented By

Stella A Havkin

11:30 AM

9:18-12079


Super98, LLC


Chapter 7

Adv#: 9:20-01023 Namba, Chapter 7 Trustee v. Quinn Emanuel Urquhart & Sullivan, LLP


#10.00 Hearing

RE: [19] Motion to Dismiss Adversary Proceeding (Nassiri, Jennifer)


Docket 19

*** VACATED *** REASON: Continued by stipulated order to 7/21/2020 at 11:30 AM.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Super98, LLC Represented By

Kevin M. Sullivan

Defendant(s):

Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri

Movant(s):

Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri

Plaintiff(s):

Jerry Namba, Chapter 7 Trustee Represented By

Sonia Singh

John N Tedford IV Eric P Israel

Trustee(s):

Jerry Namba (TR) Represented By

John N Tedford IV Eric P Israel

11:30 AM

9:18-12079


Super98, LLC


Chapter 7

Adv#: 9:20-01023 Namba, Chapter 7 Trustee v. Quinn Emanuel Urquhart & Sullivan, LLP


#11.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01023. Complaint by Jerry Namba, Chapter 7 Trustee against Quinn Emanuel Urquhart & Sullivan, LLP. (Charge To Estate). Nature of Suit: (91 (Declaratory judgment)),(12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Tedford, John)


FR. 4-28-20, 5-18-20, 6-16-20


Docket 1

*** VACATED *** REASON: Continued by stipulated order to 7/21/2020 at 11:30 AM.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Super98, LLC Represented By

Kevin M. Sullivan

Defendant(s):

Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri

Plaintiff(s):

Jerry Namba, Chapter 7 Trustee Represented By

Sonia Singh

John N Tedford IV Eric P Israel

Trustee(s):

Jerry Namba (TR) Represented By

John N Tedford IV Eric P Israel

11:00 AM

9:19-11579


Robert Edward Baldwin


Chapter 13


#1.00 EVIDENTIARY HEARING RE: PROPERTY VALUE


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Docket 65


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Edward Baldwin Represented By John D Faucher

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:00 AM

CONT...


Robert Edward Baldwin


Chapter 13

11:30 AM

9:15-11265


Michael Carlson and Christine Carlson


Chapter 13


#1.00 Hearing

RE: [63] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Chevrolet Silverado, VIN: 3GCUKRER0HG479812 . (Ith, Sheryl)


Docket 63

*** VACATED *** REASON: Adequate Protection Order was Entered on 7/7/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Carlson Represented By Todd J Mannis

Joint Debtor(s):

Christine Carlson Represented By Todd J Mannis

Movant(s):

Santander Consumer USA Inc. Represented By Sheryl K Ith

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10755


Christopher John Sanchez


Chapter 13


#2.00 Hearing

RE: [9] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 2699 N. Velarde Drive, Thousand Oaks, CA 91360 ; Declaration of Christopher John Sanchez in Support Thereof, with Proof of Service.


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Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christopher John Sanchez Represented By

11:30 AM

CONT...


Movant(s):


Christopher John Sanchez


Matthew D. Resnik


Chapter 13

Christopher John Sanchez Represented By Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:17-10904


Manuel Rodrigues and Diana M. Rodrigues


Chapter 13


#3.00 Declaration re: of NewRez LLC d/b/a Shellpoint Mortgage Servicing Default Under Adequate Protection Order; Request For Entry Of Order Granting Relief From Stay with Proof of Service Filed by Creditor The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-8 (RE: related document(s)36 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 398 Elisa Ct., Buellton, CA 93427 . Fee Amount $181,). (Attachments: # 1 Exhibit) (Martinez, Kirsten)


Docket 78

*** VACATED *** REASON: Continued to September 14, 2020 at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Manuel Rodrigues Represented By William C Beall

Joint Debtor(s):

Diana M. Rodrigues Represented By William C Beall

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11185


Monique Janel Mansfield


Chapter 13


#4.00 Objection to Claim #7 by Claimant Bank of New York Mellon, etc., as Trustee, etc.. in the amount of $ 758973.72 Filed by Debtor Monique Janel Mansfield. (Attachments: # 1 Exhibit A-J) (Beall, William)


FR. 6-1-20


Docket 120

*** VACATED *** REASON: Continued to July 28, 2020 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Monique Janel Mansfield Represented By Carissa N Horowitz William C Beall

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10250

Arcelia Sanchez Jaime

Chapter 7


#5.00 Hearing

RE: [16] Motion for fine and/or disgorgement of fees against bankruptcy petition preparer Notice Of Motion And Motion Under 11 U.S.C. § 110 For Disgorgement Of Fees And Fines Against Bankruptcy Petition Preparer American Bankruptcy Company/Easy Document Services; Memorandum Of Points And Authorities; Declaration Of Joyce Hong (Fittipaldi, Brian)


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Docket 16


Tentative Ruling:

- NONE LISTED -

Party Information

11:30 AM

CONT...

Debtor(s):


Arcelia Sanchez Jaime


Chapter 7

Arcelia Sanchez Jaime Pro Se

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:17-11579


Robert Hesselgesser M.D.


Chapter 7


#6.00 CONT'D Status Hearing

RE: [1] Chapter 7 Involuntary Petition Against an Individual. Charles W. Aarni Employee Profit Sharing Plan (attorney Beth Gaschen), Allan Chodor (attorney Beth Gaschen), Mary and Marvin Owen 1993 Trust (attorney Beth Gaschen), The McGowan Exemption Trust dated 03/26/2003 (attorney Beth Gaschen) .


FR. 11-7-17, FR. 12-5-17, 1-24-18, 2-1-18, 5-8-18, 8-7-18, 11-13-18, 2-11-19,

3-19-19, 11-5-19, 3-3-20


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Docket 1

Tentative Ruling:

The trustee must serve the debtor with all filed documents, as he is not

11:30 AM

CONT...

Robert Hesselgesser M.D.

Chapter 7

represented by counsel. He wasn't served with the status report.

Dates for a continued status conference include October 27 and November 10.

Party Information

Debtor(s):

Robert Hesselgesser M.D. Pro Se

Trustee(s):

Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen

11:30 AM

9:20-10622


Brigham G. Field


Chapter 11


#7.00 Hearing

RE: [48] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 11802 Ellice Street, Malibu, CA 90265 . Filed by Genova Capital, Inc.


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Docket 48


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Brigham G. Field Represented By

D Edward Hays

11:30 AM

CONT...


Movant(s):


Brigham G. Field


Tinho Mang David Wood


Chapter 11

Genova Capital, Inc. Represented By Andrew Mase Timothy M Ryan

11:30 AM

9:20-10622


Brigham G. Field


Chapter 11


#8.00 Hearing

RE: [53] Motion for Relief from Stay Notice of Motion and Motion for Relief from the Automatic Stay Under 11 U.S.C. § 362 (with supporting declarations) (ACTION IN NONBANKRUPTCY FORUM) Filed by Helen Deeds (Name of Nonbankruptcy Action: Helena Deeds v. Colette Pelissier et al. Docket number: SC128336; Nonbankruptcy forum where Nonbankruptcy Action is pending: Superior Court of California, County of Los Angeles.)


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Docket 53


Tentative Ruling:

- NONE LISTED -

Party Information

11:30 AM

CONT...

Debtor(s):


Brigham G. Field


Chapter 11

Brigham G. Field Represented By

D Edward Hays Tinho Mang David Wood

Movant(s):

Helena Deeds Represented By Andrew C Jhun Aviv L Tuchman Michael C Dicecca Matthew A Lesnick

11:30 AM

9:20-10699


Edgar Augusto Meinhardt Iturbe


Chapter 11


#9.00 Hearing

RE: [13] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 10936 Pacific View Drive, Malibu, CA 90265 (with supporting declarations). Filed by Tsasu LLC


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Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Edgar Augusto Meinhardt Iturbe Pro Se

11:30 AM

CONT...

Movant(s):


Edgar Augusto Meinhardt Iturbe


Chapter 11

Sunny Acre Represented By

Peter J Mastan

Tsasu LLC Represented By

Peter J Mastan

11:30 AM

9:20-10699


Edgar Augusto Meinhardt Iturbe


Chapter 11


#10.00 Status Hearing

RE: [1] Chapter 11 Voluntary Petition Individual.


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Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Edgar Augusto Meinhardt Iturbe Pro Se

11:30 AM

9:11-11059


Kerry S Moriarty


Chapter 11


#11.00 CONT'D Hearing

RE: [906] Motion For Final Decree and Order Closing Case. Notice of Motion and Motion to Enter Discharge and Issue a Final Decree that the Chapter 11 Plan Has Been Substantially Consummated; Memorandum of Points and Authorities; Declaration in Support with Proof of Service Thereof


FR. 3-9-20


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Docket 906

Tentative Ruling:

The court has questions regarding payments to certain parties.

11:30 AM

CONT...

Kerry S Moriarty

Chapter 11

As to Weiland Golden Goodrich LLP ("WGG"), the Debtor lodged an order on a stipulation with WGG regarding payment of fees not paid pursuant to the plan. Under the stipulation (Docket No. 905), the debtor was to pay the

$23,566.64 balance owed to WGG in installments over four months. The court rejected the order because the stipulation included a provision that the case "shall convert" to chapter 7 if one of the installment payments was not made. There are no set dates in the stipulation for the payments, and the court has received no information regarding whether the payments have been made.


And as to Classes 16 and 17, the underlying obligations mature in less than a month on 4/3/20. In the Plan, the Debtor committed to refinancing those obligations by 12/31/19, and, if he did not refinance, to selling the properties. The Motion provides no information regarding the status of refinancing or selling the properties, so the court doesn't know how treatment of Classes 16 and 17 has been implemented.


If the Debtor can demonstrate that WGG has been paid and that treatment of Classes 16 and 17 has been implemented in some manner, the court can grant the motion.


Party Information

Debtor(s):

Kerry S Moriarty Represented By Robert E Hurlbett Reed H Olmstead James R Selth Felicita A Torres Eric Bensamochan Jeffrey I Golden

Movant(s):

Kerry S Moriarty Represented By Robert E Hurlbett Robert E Hurlbett Robert E Hurlbett

11:30 AM

CONT...


Kerry S Moriarty


Robert E Hurlbett Reed H Olmstead Reed H Olmstead Reed H Olmstead Reed H Olmstead James R Selth James R Selth James R Selth James R Selth Felicita A Torres Felicita A Torres Felicita A Torres Felicita A Torres Eric Bensamochan Eric Bensamochan Eric Bensamochan Eric Bensamochan Jeffrey I Golden Jeffrey I Golden Jeffrey I Golden Jeffrey I Golden


Chapter 11

11:30 AM

9:11-11059


Kerry S Moriarty


Chapter 11


#12.00 CONT'D Post-confirmation Status Hearing FR. 2-18-20, 3-9-20

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Docket 848


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kerry S Moriarty Represented By Robert E Hurlbett Reed H Olmstead

11:30 AM

CONT...


Kerry S Moriarty


James R Selth Felicita A Torres Eric Bensamochan Jeffrey I Golden


Chapter 11

11:30 AM

9:17-10918


Jonathan David Startz


Chapter 11


#13.00 CONT'D Confirmation Hearing

RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)


FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,

FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE),

FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19, 3-3-20, 3-24-20, 6-1-20


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Docket 174


Tentative Ruling:

Does the debtor need another continuance? Any objections?

Party Information

11:30 AM

CONT...

Debtor(s):


Jonathan David Startz


Chapter 11

Jonathan David Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

9:20-10554


Community Provider of Enrichment Services, Inc.


Chapter 11


#13.10 CONT'D Hearing RE: [107] Notice of Setting/Increasing Insider Compensation: Doug Zimmerman; Mary Monson; and Mary Lynn Greenhow; Proof of Service Filed by Debtor Community Provider of Enrichment Services, Inc.. (Salzman, Ryan)


FR. 6-23-20, 6-30-20


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Docket 107


Tentative Ruling:

- NONE LISTED -

Party Information

11:30 AM

CONT...

Debtor(s):


Community Provider of Enrichment Services, Inc.


Chapter 11

Community Provider of Enrichment Represented By

Ryan M Salzman

11:30 AM

9:19-10449


Farshad Fasihi Harandi


Chapter 7

Adv#: 9:19-01035

Harandi v. Harandi

Telephonic Hearing

#14.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01035. Complaint by Elizabeth Ann Harandi, Farshad Fasihi Harandi against Farshad Fasihi Harandi. priority or extent of lien or other interest in property)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(81 (Subordination of claim or interest))(Winston, Brandon)


FR: 10-29-19, 2-18-20, 6-23-20


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Docket 1

11:30 AM

CONT...

Farshad Fasihi Harandi

Chapter 7

Tentative Ruling:

The bankruptcy case has been converted but no trustee has been appointed yet. Continue approximately 60 days to allow time for a trustee to be appointed and review the case file.


The court has availability on August 25 at 11:30, September 1 at 11:30, and September 8 at 11:30.

Party Information

Debtor(s):

Farshad Fasihi Harandi Pro Se

Defendant(s):

Farshad Fasihi Harandi Represented By David A Tilem

Plaintiff(s):

Elizabeth Ann Harandi Represented By Brandon Winston

Trustee(s):

David Seror (TR) Pro Se

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01070 Itkin v. Shigenaga et al


#15.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01070. Complaint by Robbin L Itkin against Monica Shigenaga, COCOJOR HAWAII, LLC, JADOO, LLC. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


FR. 3-24-20, 6-13-20


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AND

11:30 AM

CONT...

Bikram's Yoga College of India LP, a limited

Status Hearing

Chapter 11

RE: [13] Counterclaim by Shigenega Shigenaga, et al against Robbin L Itkin

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Monica Shigenaga Pro Se

COCOJOR HAWAII, LLC Pro Se

JADOO, LLC Pro Se

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:00 AM

2: - Chapter


#0.00 *** Hearing to be conducted via Telephone Appearance- Parties must register with CourtCall to make an appearance***


Docket 0


Tentative Ruling:

- NONE LISTED -

11:00 AM

1:20-10969


33 Valley, LLC


Chapter 11


#1.00 Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual. LLC


Docket 1


Tentative Ruling:

Any compliance issues?


Set bar date, claim objection deadline, plan/disclosure statement deadline.

Party Information

Debtor(s):

33 Valley, LLC Represented By Raymond H. Aver

11:00 AM

1:19-12841


Michael John Bostic


Chapter 11


#2.00 Hearing on Adequacy of Debtor's Disclosure Statement Describing Chapter 11 Plan of Reorganization


*


Docket 47


Tentative Ruling:

Approve disclosure statement.


Please have dates in mind for sending out the solicitation package, confirmation hearing, and related deadlines.


A general note to counsel for all pleadings filed in their cases: please use the court's mandatory form proof of service going forward.

Party Information

Debtor(s):

Michael John Bostic Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:00 AM

1:20-10256


NAI Capital, Inc.


Chapter 11


#3.00 Hrg. re Disclosure Statement Describing Debtor's Plan Of Reorganization (Dated June 2, 2020)


Docket 123

*** VACATED *** REASON: Continued by order to 8/5/20 at 11:00 AM; Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

11:00 AM

1:20-10256

NAI Capital, Inc.

Chapter 11

Adv#: 1:20-01051 NAI Capital, Inc. v. Carranza In Her Capacity As Administrator For The

#4.00 Status Hearing RE: [1] Adversary case 1:20-ap-01051. Complaint by NAI Capital, Inc. against Jovita Carranza In Her Capacity As Administrator For The U.S. Small Business Administration. (Charge To Estate). Nature of Suit: (91 (Declaratory judgment)),(72 (Injunctive relief - other))

Docket 1

*** VACATED *** REASON: Off Calendar -Adv. Dismissed Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

Defendant(s):

Jovita Carranza In Her Capacity As Represented By

Elan S Levey

Plaintiff(s):

NAI Capital, Inc. Represented By Ron Bender

Richard P Steelman Jr Lindsey L Smith

Beth Ann R Young Todd M Arnold

1:30 PM

1:20-10010


Megna Real Estate Holdings, Inc.


Chapter 11


#1.00 Hearing RE: [31] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3751 Lankershim Boulevard, Los Angeles, CA 90068


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Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Megna Real Estate Holdings, Inc. Represented By

Mark T Young

1:30 PM

2:16-22745


Yu Hua Long Investments LLC


Chapter 11


#2.00 Hearing RE: [346] Motion RE: Objection to Claim Number 5 by Claimant Maureen Carter, Roger C Carter, Sy Lau, Kitty Yip fka Kitty Lau, David Wan and Winner Wan as Trustees of the David Wan and Winner Wan Trust Dated August 19, 1993.


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Docket 346


Tentative Ruling:

- NONE LISTED -

Party Information

1:30 PM

CONT...

Debtor(s):


Yu Hua Long Investments LLC


Chapter 11

Yu Hua Long Investments LLC Represented By

M. Jonathan Hayes

Trustee(s):

Timothy Yoo (TR) Represented By Philip A Gasteier Jeffrey S Kwong Timothy J Yoo

1:30 PM

2:17-25614


3600 Ashe, LLC


Chapter 11

Adv#: 2:19-01519 3600 Ashe, LLC v. Koop


#3.00 CONTD. Status Hearing RE: [1] Adversary case 2:19-ap-01519. Complaint by 3600 Ashe, LLC against Ron Koop. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)) fr.2-26-20, 4-14-20,5-20-20


Docket 1

*** VACATED *** REASON: Continued by Stip. to 10/28/20 at 11:30 AM; Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham

Defendant(s):

Ron Koop Pro Se

Plaintiff(s):

3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham

10:30 AM

9:19-11087


Robert B. Haight


Chapter 13


#1.00 Hearing on Confirmation of Chapter 13 Plan


FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert B. Haight Represented By Nicholas S Nassif

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-12078


Sergio Hernandez Espinosa and Alma M Hernandez


Chapter 13


#2.00 Hearing on Confirmation of Chapter 13 Plan FR. 2-27-20, 3-26-20, 4-16-20, 6-18-20

Docket 1

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.

Party Information

Debtor(s):

Sergio Hernandez Espinosa Represented By

R Grace Rodriguez

Joint Debtor(s):

Alma M Hernandez Represented By

R Grace Rodriguez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10021


FELIX KATZ


Chapter 13


#3.00 Hearing on Confirmation of Chapter 13 Plan FR. 3-26-20, 5-21-20

Docket 1

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.

Party Information

Debtor(s):

FELIX KATZ Represented By Charles Shamash Joseph E. Caceres

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10045

Steven W. Korth

Chapter 13

#4.00 Hearing on Confirmation of Chapter 13 Plan FR. 3-26-20, 5-21-20

Docket 14

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.

Party Information

Debtor(s):

Steven W. Korth Represented By Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10093

Consuelo Vargas

Chapter 13

#5.00 Hearing on Confirmation of Chapter 13 Plan FR. 4-16-20, 6-18-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Consuelo Vargas Represented By Christian J Younger

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10247


Steven John Luke and Janelle Christine Luke


Chapter 13


#6.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Steven John Luke Represented By

Michael H Raichelson

Joint Debtor(s):

Janelle Christine Luke Represented By

Michael H Raichelson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10271


Angeles Lara and Ruben Lara, Jr


Chapter 13


#7.00 Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angeles Lara Represented By

Robert E Traylor

Joint Debtor(s):

Ruben Lara Jr Represented By Robert E Traylor

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10294


Robert L. Magee


Chapter 13


#8.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert L. Magee Represented By Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10331


Brenton Gregory Davis and Dania Beleiro-Davis


Chapter 13


#9.00 Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Brenton Gregory Davis Represented By Joseph A Weber

Joint Debtor(s):

Dania Beleiro-Davis Represented By Joseph A Weber

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10335


Norma Guzman Parra


Chapter 13


#10.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Norma Guzman Parra Represented By

R Grace Rodriguez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10342


Jason Isaac Ignacio


Chapter 13


#11.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to August 20, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jason Isaac Ignacio Represented By Nicholas M Wajda

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10349


Patricia Ellen Davidson


Chapter 13


#12.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Patricia Ellen Davidson Represented By Matin Rajabov

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#13.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10365


Don Fitch


Chapter 13


#14.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to August 20, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Don Fitch Represented By

Eric Ridley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10377


John M. Walker


Chapter 13


#15.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

John M. Walker Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10413


Humberto M Martinez


Chapter 13


#16.00 Hearing on Confirmation of Chapter 13 Plan FR. 5-21-20

Docket 11

*** VACATED *** REASON: Continued to August 20, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Humberto M Martinez Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10431


RAUL H YANEZ


Chapter 13


#17.00 Hearing on Confirmation of Chapter 13 Plan FR. 5-21-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

RAUL H YANEZ Represented By

Ronda Baldwin-Kennedy

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10440


Thomas Martin


Chapter 13


#18.00 Hearing on Confirmation of Chapter 13 Plan FR. 5-21-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Thomas Martin Represented By

Michael D Kwasigroch

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10479


Heather M. Barreras


Chapter 13


#19.00 Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20

Docket 7


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Heather M. Barreras Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10490


Mark Alan Hazlewood and Jeannine Hazlewood


Chapter 13


#20.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark Alan Hazlewood Represented By Joshua L Sternberg

Joint Debtor(s):

Jeannine Hazlewood Represented By Joshua L Sternberg

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10492


Briza O. Ramos and Hector Ramos


Chapter 13


#21.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Briza O. Ramos Represented By Tom A Moore

Joint Debtor(s):

Hector Ramos Represented By Tom A Moore

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10496


Nelson Castillo and Linda Ulloa


Chapter 13


#22.00 Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nelson Castillo Represented By Todd J Mannis

Joint Debtor(s):

Linda Ulloa Represented By

Todd J Mannis

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10515


Don Kissell


Chapter 13


#23.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Don Kissell Represented By

Todd Mannis

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10543


Steven Phillip Rosen and Renee Terrie Rosen


Chapter 13


#24.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Steven Phillip Rosen Represented By Vicki I Temkin

Joint Debtor(s):

Renee Terrie Rosen Represented By Vicki I Temkin

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10612


Jessica Ann Rangel


Chapter 13


#25.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jessica Ann Rangel Represented By Christian J Younger

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10618


Christina Sanchez Boswell


Chapter 13


#26.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christina Sanchez Boswell Represented By Nathan A Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10632


Marcelline Affoue Kouamekan


Chapter 13


#27.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to August 20, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Marcelline Affoue Kouamekan Represented By Ali R Nader

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10636


Gina J Rea


Chapter 13


#28.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gina J Rea Represented By

Michael B Clayton

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10647


Carolyn Sue Curtis


Chapter 13


#29.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Carolyn Sue Curtis Represented By Julie J Villalobos

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10656


Richard David Donald


Chapter 13


#30.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Richard David Donald Represented By Reed H Olmstead

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10660


Cynthia Ann Lovelace


Chapter 13


#31.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cynthia Ann Lovelace Represented By Reed H Olmstead

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10681


Edward J. Zemaitis


Chapter 13


#32.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Edward J. Zemaitis Represented By Michael B Clayton

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10684


Raymundo Badillo Flores


Chapter 13


#33.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Raymundo Badillo Flores Represented By Michael B Clayton

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10857


Arnold W Gross and Laurie E Gross


Chapter 13


#34.00 CONT'D Hearing on Confirmation of Chapter 13 Plan

(Hearing is set based upon Memorandum and Judgment entered by the BAP) FR. 9-19-19, 10-17-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20

Docket 1


Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Tentative ruling for 5/21/20:

The confirmation hearing was continued from 1/16 to 3/26/20. On 1/16, the court noted that there had been multiple hearings since remand and that the SPS claim objection still had not been properly noticed. The trustee’s counsel noted that there was still no relevant plan because no amended plan had been filed since the remand.

The prior plan was outdated because the Debtors had used the refunded plan payments and may have reduced claims while the case was dismissed. Counsel for the Debtors still had not come to a conclusion about the plan term, she had a "thinking" and didn’t understand why she couldn’t use the plan she had on file. The court noted that the existing pre-appeal plan didn’t match counsel’s "thinking." There was further colloquy between counsel and the court about properly noticing a new plan. Counsel also noted that she had no RARA. The court also told Ms. Lawson that she could always file a motion under § 529.


Confirmation was continued from 3/26 until today without being called at that

time.

10:30 AM

CONT...


Arnold W Gross and Laurie E Gross


Chapter 13

No post-appeal plan was filed until 4/10/20, more than six months after remand (Docket No. 132). A filer error was entered the same day (Docket No 136) noting that the plan was filed on an out-of-date form – counsel used the 2012 plan form. The notice to filer instructed counsel to immediately re-file the correct document. This has not been done, so there is still no plan since prior to the dismissal and appeal.


An objection to confirmation has been filed by the Debtors’ first mortgage lienholder, by U.S. Bank, N.A., as trustee. U.S. Bank states that the proposed plan provides for arrearages of $7,265.60 while the actual arrearages are $30,327.25. The objection notes that the Debtors never properly noticed the claim objection filed eight months ago on 9/18/19.

There appears to be ample basis for dismissal here.


Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m. Dtrs are required to either set their claims objection for hearing or file an adversary proceeding.


Ruling for 11/21/19: Continued to 1/16/20. Also, Debtor should file a withdrawl of the SPS objection.


Ruling for October 17, 2019: Continued to 11/21/19.


Debtor(s):


Party Information

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

Joint Debtor(s):

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

10:30 AM

CONT...

Trustee(s):


Arnold W Gross and Laurie E Gross


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10857


Arnold W Gross and Laurie E Gross


Chapter 13


#34.10 Third Objection to Claim #2 by Claimant IRS. in the amount of $126281.42 Filed by Debtor Arnold W Gross, Joint Debtor Laurie E Gross. (Lawson, Janet)


Docket 146


Tentative Ruling:

The court will overrule this objection without prejudice.


First, service is improper. The court won't sustain a claim objection with improper service. FRBP 3007(a)(2)(i) requires that an objection to a claim of the United States or any of its officers or agencies comply with Rule 7004(b)

(4) or (5). Since this objection is to a claim of an agency of the United States, the Debtors must comply with the service requirements of Rule 7004(b)(5), which requires service on the agency and service on United States under Rule 7004(b)(4). Service on the United States required the Debtors to send a copy to the civil process clerk at the office of the United States Attorney for the Central District of California, and to the Attorney General of the United States at Washington, D.C.


The proof of service document shows that the IRS was served via mail at the Philadelphia address required by the Court Manual. The Debtors did not comply with the requirement to serve the United States under Rule 7004(b) (4). The U.S. Attorney’s office for the Central District of California and the Attorney General were not served.


Second, the Debtors have not successfully shifted the burden back to the claimant to establish the validity of the claim. Section 502(a) provides that a "claim . . . filed under section 501 of this title, is deemed allowed, unless a party in interest objects." 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f); Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000). Further, Rule 3001 only requires written evidence to be attached to the proof of claim if the claim is based on a

10:30 AM

CONT...


Arnold W Gross and Laurie E Gross


Chapter 13

writing. Fed. R. Bankr. P. 3001(c).


If a filed proof of claim complies with the rules, the burden shifts to the objecting party to "present evidence to overcome the prima facie case." United States v. Offord Fin., Inc., (In re Medina), 205 B.R. 216,222 (B.A.P. 9th Cir. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting In re Holm, 931 F.2d 620, 623 (9th Cir. 1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces evidence sufficient to negate one or more of the sworn facts in the proof of claim, the burden reverts to the claimant to prove the validity of the claim by a preponderance of the evidence. Ashford v. Consol. Pioneer Mort. (In re Consol. Pioneer Mort.), 178 B.R. 222, 226 (B.A.P. 9th Cir. 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

(quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. Lundell, 223 F.3d at 1039; Holm, 931 F.2d at 623.


Here, the Debtors do not meet their burden of providing sufficient evidence of equal probative force as the allegations in the proof of claim. The IRS filed an amended proof of claim for $111,581.17 of general unsecured debt on 8/30/19. (ECF p. 14-15). The exhibits attached to the Motion only state that the IRS intercepted the Debtors’ (1) $6,917.29 federal tax refund from 2008 to pay off owed taxes from 2009; (2) $5,619.00 federal tax refund for 2018 to pay off $444.13 of owed taxes for 2008 and $5,174.87 for 2009; and (3)

$6,917.00 of 2018 state tax refund for purposes not mentioned. (ECF p. 8-10). Furthermore, the notices of the three tax refund interceptions were

dated on 4/15/19, 3/25/19, and 3/11/19. (ECF p. 8-10). The amended proof of claim filed by the IRS was filed on 8/30/19. (ECF p. 11). The objection then claims that the second and third interceptions should be deducted from the amount of unsecured debt requested. (ECF p. 6).

10:30 AM

CONT...


Arnold W Gross and Laurie E Gross


Chapter 13

The claim objection does not actually respond to any fact asserted in the IRS’s proof of claim, but instead states that these two intercepted tax refunds—which occurred prior to the amended proof of claim’s filing—need to be deducted from the IRS’s calculation of the $111,581.17. But the claim objection never makes any showing that it was not already deducted.

Therefore, the claim objection does not object to anything in the amended proof of claim, but instead states a fact that is not inherently inconsistent with the amended proof of claim. The claim objection also does not attempt to make any showing that the amended complaint does not account for the interceptions. Therefore, the Debtors do not meet their burden of proof.

The court also notes that the Debtors' exhibits do not make sense. Exhibit B is the state tax refund, and Exhibit A is apparently the federal tax refund, but only includes page 1 of 3 of the federal tax refund from 2018. (ECF p. 8-10). The first interception, from 2008, of $6,917.29 of federal tax refunds is recorded in Exhibit A but is never identified as an amount that should be deducted from the amount owed the IRS. The Debtors do not specify why this intercepted refund is included in the exhibits nor why it is not included in the amount requested to be deducted.


Party Information

Debtor(s):

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

Joint Debtor(s):

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10857


Arnold W Gross and Laurie E Gross


Chapter 13


#34.20 Second Objection to Claim #15 by Claimant Specalized Loan Servicing. in the amount of $ 664,452.60 Filed by Debtor Arnold W Gross, Joint Debtor Laurie E Gross. (Lawson, Janet)


Docket 147


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

Joint Debtor(s):

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-10788


Jeffrey Clay Hardy and Tammy Lee Hardy


Chapter 13


#35.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 8-23-18, 9-27-18, 11-15-18, 1-17-19, 3-21-19, 5-23-19, 8-15-19, 11-21-19,

1-16-20, 3-26-20, 5-21-20, 6-18-20


Docket 1


Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m.


Ruling for 11/21/19: Continued to 1/16/20.


Ruling for May 23, 2019: Continued to 8/15/19 at 10:00 a.m. x

Ruling on March 21, 2019

Continued to May 23, 2019.

Party Information

Debtor(s):

Jeffrey Clay Hardy Represented By Matthew D. Resnik

10:30 AM

CONT...


Jeffrey Clay Hardy and Tammy Lee Hardy


Chapter 13

Joint Debtor(s):

Tammy Lee Hardy Represented By Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-12012


Jorge Ramirez and Amelia Ramirez


Chapter 13


#36.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 2-21-19, 3-21-19, 5-23-19, 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20


Docket 3


Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m.


Ruling for 11/21/19: Continued to 1/16/20.


Ruling for 9/19/19:

Continued to 11/21/19


Ruling for May 23, 2019:

Continued to August 15, 2019 at 10:00 a.m.


Ruling on March 21, 2019

Continued to May 23, 2019 @ 10:00 a.m.

Party Information

Debtor(s):

Jorge Ramirez Represented By Janet A Lawson

10:30 AM

CONT...


Jorge Ramirez and Amelia Ramirez


Chapter 13

Joint Debtor(s):

Amelia Ramirez Represented By Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-12012


Jorge Ramirez and Amelia Ramirez


Chapter 13


#36.10 First Objection to Claim #5 by Claimant Maria Izquierdo. in the amount of $ 129,952.56 Filed by Joint Debtor Amelia Ramirez, Debtor Jorge Ramirez. (Lawson, Janet)


Docket 104


Tentative Ruling:

The court must sustain the claim objection.


The time for filing a proof of claim in a chapter 13 case is prescribed by FRBP 3002(c) as 70 days after the order for relief. The rule enumerates a list of exceptions, none of which were invoked by the Creditor or appear to apply here. The rule allows a motion to extend the time, including based on insufficient notice, but such a motion must be filed before the expiration of the period. Fed. R. Bankr. P. 3002(c)(6). Fed. R. Bankr. P. 9006(b)(3). A late filed claim is generally disallowed under § 502(b)(9).


Under FRBP 9006(b) regarding enlargement of time, the time period to file a claim under FRBP 3002(c) is listed as one of those that may be enlarged "only to the extent and under the conditions stated in [that rule]." While extension under FRBP 9006(b) and based on equitable principles may be possible under chapter 11, the deadline in chapter 13 under FRBP 3002(c) is "rigid." Gardenhire v. IRS (In re Gardenhire), 209 F.3d 1145, 1148 (9th Cir. 2000). The Ninth Circuit has ruled that "a bankruptcy court lacks equitable discretion to enlarge the time to file proofs of claim; rather, it may only enlarge the filing time pursuant to the exceptions set forth in the Bankruptcy Code and Rules." Id.


Because the Creditor does not claim that any of the exceptions of FRBP 3002(c) applies to her or to Claim 5, the court lacks any discretion, regardless of the equities, to enlarge the time to file a claim such that Claim 5 may be considered timely.


Debtors to lodge order within seven days.


Party Information

10:30 AM

CONT...

Debtor(s):


Jorge Ramirez and Amelia Ramirez


Chapter 13

Jorge Ramirez Represented By Janet A Lawson

Joint Debtor(s):

Amelia Ramirez Represented By Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10188


Susan Y McDermott and Michael J McDermott, III


Chapter 13


#37.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 5-23-19, 9-19-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20


Docket 1

*** VACATED *** REASON: Stipulated order continuing hearing to 9/17/20 at 10:30 am was entered on 7/14/20.

Tentative Ruling:

Ruling for May 23, 2019:

Continued to September 19, 2019

Party Information

Debtor(s):

Susan Y McDermott Represented By Jerry Namba

Joint Debtor(s):

Michael J McDermott III Represented By Jerry Namba

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10188


Susan Y McDermott and Michael J McDermott, III


Chapter 13


#37.10 CONT'D Hearing

RE: [48] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Leta Finch v. Susan and Michael McDermott . (Bertelsen, Susan)


FR. 6-21-19, 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20


Docket 48

*** VACATED *** REASON: Stipulated order continuing hearing to 9/17/20 at 10:30 am was entered on 7/14/20.

Tentative Ruling:

Ruling for 6/21/19: Continued to 8/16/19 at 10:30 a.m. for proper service on the debtor per the local rules.

Party Information

Debtor(s):

Susan Y McDermott Represented By Jerry Namba

Joint Debtor(s):

Michael J McDermott III Represented By Jerry Namba

Movant(s):

Leta Finch Represented By

David Stroud David P Stroud

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10188


Susan Y McDermott and Michael J McDermott, III


Chapter 13


#37.20 CONT'D Hearing

RE: [53] Motion for Abstention Under Section 305 FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20

Docket 53

*** VACATED *** REASON: Stipulated order continuing hearing to 9/17/20 at 10:30 am was entered on 7/14/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Susan Y McDermott Represented By Jerry Namba

Joint Debtor(s):

Michael J McDermott III Represented By Jerry Namba

Movant(s):

Leta Finch Represented By

David Stroud David P Stroud

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10188


Susan Y McDermott and Michael J McDermott, III


Chapter 13


#37.30 CONT'D Hearing on Motion RE: Objection to Claim Number 5 by Claimant Leta Finch. Filed by Joint Debtor Michael J McDermott III, Debtor Susan Y McDermott (Namba, Jerry)


FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20


Docket 45

*** VACATED *** REASON: Stipulated order continuing hearing to 9/17/20 at 10:30 am was entered on 7/14/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Susan Y McDermott Represented By Jerry Namba

Joint Debtor(s):

Michael J McDermott III Represented By Jerry Namba

Movant(s):

Susan Y McDermott Represented By Jerry Namba

Michael J McDermott III Represented By Jerry Namba

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11053


Warren Johnson


Chapter 13


#38.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20


Docket 1

*** VACATED *** REASON: Continued to August 20, 2020, at 10:30 a.m.

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling for 11/21/19: Continued to 1/16/20.

Party Information

Debtor(s):

Warren Johnson Represented By Nathan A Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11105


Larry E. Greene and Roxanne Greene


Chapter 13


#39.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 9-19-19, 11-21-19, 12-19-19, 2-27-20, 3-26-20, 4-16-20, 6-18-20


Docket 1


Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling for February 27, 2020

Continued to March 26, 2020 at 10:00 a.m.


Ruling for December 19, 2019: Continued to 2/27/20.


Ruling for 11/21/19: Continued to 12/19/19.


Ruling for 9/19/19:

Cont'd to 11/21/19


Debtor(s):


Party Information

Larry E. Greene Represented By Matthew D. Resnik

10:30 AM

CONT...


Larry E. Greene and Roxanne Greene


Chapter 13

Joint Debtor(s):

Roxanne Greene Represented By Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11271


Albert Maxwell Goldberg


Chapter 13


#40.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 10-17-19, 12-19-19, 2-27-20

Docket 1


Tentative Ruling:

Ruling for February 27, 2020

Continued to July 16, 2020 at 10:00 a.m. The confirmation hearing may be further continued at the June 29, 2020 evidentiary hearing.


Ruling for December 19, 2019: Continued to 2/27/20.

Party Information

Debtor(s):

Albert Maxwell Goldberg Represented By

Richard Mark Garber

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11271


Albert Maxwell Goldberg


Chapter 13


#40.10 Status Hearing


RE: [57] Motion To Cram Down Mortgage Lien Of 1900 Capital Trust III, By US Bank, As Certificate Trustee; [58] Motion to Avoid Lien JUNIOR LIEN with First American Funding, LLC Filed by Debtor Albert Maxwell Goldberg


Docket 57


Tentative Ruling:

This evidentiary hearing can be conducted by the court on ZoomGov.


Please have some dates in mind for the hearing and related deadlines.

Party Information

Debtor(s):

Albert Maxwell Goldberg Represented By

Richard Mark Garber

Movant(s):

Albert Maxwell Goldberg Represented By

Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11579


Robert Edward Baldwin


Chapter 13


#41.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 12-19-19, 1-16-20, 3-26-20, 5-21-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Edward Baldwin Represented By John D Faucher

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11579


Robert Edward Baldwin


Chapter 13


#41.10 CONT'D Hearing

(zoomgov evi hrg re property value)


RE: [70] Motion to Avoid Lien Judicial Lien with First Resolution Investment Corp. (Faucher, John)


FR. 5-21-20


Docket 70


Tentative Ruling:

The court ruled, after an evidentiary hearing, that the Property value is

$450,000. No order has been lodged.

Party Information

Debtor(s):

Robert Edward Baldwin Represented By John D Faucher

Movant(s):

Robert Edward Baldwin Represented By John D Faucher

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11585


Oscar Hernandez Rodriguez


Chapter 13


#42.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 12-19-19, 2-27-20, 3-26-20, 5-21-20

Docket 1

Tentative Ruling:


Ruling for March 26, 2020

Continued to May 21, 2020 at 10:00 a.m.


Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling for February 27, 2020

Continued to March 26, 2020 at 10:00 a.m.


Ruling for December 19, 2019: Continued to 2/27/20.

Party Information

Debtor(s):

Oscar Hernandez Rodriguez Represented By Claudia C Osuna

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11698


Jonathan Bravo


Chapter 13


#43.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 1-16-20, 3-26-20, 6-18-20

Docket 1

*** VACATED *** REASON: Continued to August 20, 2020, at 10:30 a.m.

Tentative Ruling:

Ruling for March 26, 2020

Continued to June 18, 2020 at 10:00 a.m.


Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m.


Party Information

Debtor(s):

Jonathan Bravo Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11707


Jorge Gutierrez Gonzalez


Chapter 13


#44.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 1-16-20, 3-26-20, 5-21-20

Docket 1

*** VACATED *** REASON: Continued to September 17, 2020, at 10:30 a.m.

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m.


Party Information

Debtor(s):

Jorge Gutierrez Gonzalez Represented By Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11750


Denise Lynn Vreeland


Chapter 13


#45.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 1-16-20, 2-27-20, 4-16-20, 6-18-20

Docket 1


Tentative Ruling:

Ruling for February 27, 2020

Continued to April 16, 2020 at 10:00 a.m.


Party Information

Debtor(s):

Denise Lynn Vreeland Represented By Ali R Nader

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-12044


Anabel Hernandez Munoz


Chapter 13


#46.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 2-27-20, 4-16-20, 6-18-20

Docket 1


Tentative Ruling:

Ruling for February 27, 2020

Continued to April 16, 2020 at 10:00 a.m. Debtor must file a new 35-day notice.


Party Information

Debtor(s):

Anabel Hernandez Munoz Represented By Stephen L Burton

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10115


David Edward Nelson and Corina Ivonne Nelson


Chapter 13


#47.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 4-16-20, 6-18-20

Docket 7


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

David Edward Nelson Represented By Louis J Esbin

Joint Debtor(s):

Corina Ivonne Nelson Represented By Louis J Esbin

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10186


Jeremy B Sacolles and Lyndee Alma Olosan Sacolles


Chapter 13


#48.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 4-16-20, 6-18-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jeremy B Sacolles Represented By Matthew D. Resnik

Joint Debtor(s):

Lyndee Alma Olosan Sacolles Represented By Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10201


Marcelo Valdez


Chapter 13


#49.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 4-16-20, 5-21-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Marcelo Valdez Represented By Stephen S Smyth

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10360


Francisco Robles, Jr and Rosa Elena Robles


Chapter 13


#50.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Francisco Robles Jr Represented By Bryan Diaz

Joint Debtor(s):

Rosa Elena Robles Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10444


Kevine Wayne Bozarth and Jeri Dawn Bozarth


Chapter 13


#51.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kevine Wayne Bozarth Represented By Michael B Clayton

Joint Debtor(s):

Jeri Dawn Bozarth Represented By Michael B Clayton

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10494


Wayne Allen Ybarra


Chapter 13


#52.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Wayne Allen Ybarra Represented By Michael B Clayton

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10520


Victor Hernandez


Chapter 13


#53.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20

Docket 1

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Victor Hernandez Represented By Rebecca Tomilowitz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-10776


Baltazar R. Tapia and Susan M. Tapia


Chapter 13


#54.00 HearingRE: [113] Trustee's Motion to Dismiss Case Trustee Motion for Order Dismissing Case due to Failure to submit Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 113


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Baltazar R. Tapia Represented By Bryan Diaz

Joint Debtor(s):

Susan M. Tapia Represented By Bryan Diaz

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-11089


Steven D. Barb and Terry L. Barb


Chapter 13


#55.00 Hearing

RE: [33] Trustee's Motion to Dismiss Case Trustee Motion for Order Dismissing Case due to Failure to submit Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 33

*** VACATED *** REASON: Motion was withdrawn by trustee on 6/15/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Steven D. Barb Represented By Karen L Grant

Joint Debtor(s):

Terry L. Barb Represented By

Karen L Grant

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-11635


Eric W Robinson and Diane M Robinson


Chapter 13


#56.00 Hearing

RE: [73] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 73

*** VACATED *** REASON: Withdarwal of motion filed on 6-16-2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eric W Robinson Represented By Janet A Lawson

Joint Debtor(s):

Diane M Robinson Represented By Janet A Lawson

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-11635


Eric W Robinson and Diane M Robinson


Chapter 13


#57.00 HearingRE: [78] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 78


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eric W Robinson Represented By Janet A Lawson

Joint Debtor(s):

Diane M Robinson Represented By Janet A Lawson

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-10202


Michael Harry Lesseos


Chapter 13


#58.00 CONT'D Hearing

RE: [107] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-19-19, 10-17-19, 12-19-19, 2-27-20, 4-16-20, 6-18-20


Docket 107

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

Ruling for December 19, 2019: Continued to 2/27/20.


Ruling for October 17, 2019: Continued to 12/19/19.


Ruling for 9/19/19: Continued to 10/17/19


Debtor(s):


Party Information

Michael Harry Lesseos Represented By Michael F Chekian

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10695


Fausto Navarro and Arlene Marie Navarro


Chapter 13


#59.00 Hearing

RE: [58] Trustee's Motion to Dismiss Case Trustee Motion for Order Dismissing Case due to Failure to submit Tax Returns (AMENDED) F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 58

*** VACATED *** REASON: Withdraw of motion filed on 7-6-2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Fausto Navarro Represented By James C Ames

Joint Debtor(s):

Arlene Marie Navarro Represented By James C Ames

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10771


Mostafa M Ashraf


Chapter 13


#60.00 Hearing

RE: [42] Trustee's Motion to Dismiss Case Trustee Motion to Dismiss Case for Failure to Submit All Tax Refunds (AMENDED) F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 42

*** VACATED *** REASON: Withdrawn by Trustee on 7/8/2020 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mostafa M Ashraf Represented By John K Rounds

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10771


Mostafa M Ashraf


Chapter 13


#61.00 Hearing

RE: [43] Trustee's Motion to Dismiss Case Trustee Motion to Dismiss Case for Failure to Submit All Tax Returns (AMENDED) F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 43

*** VACATED *** REASON: Withdrawn by Trustee on 7/8/2020 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mostafa M Ashraf Represented By John K Rounds

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-12104


Julie Witt Bowles


Chapter 13


#62.00 CONT'D Hearing

RE: [80] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 11-21-19, 12-19-19, 2-27-20, 5-21-20


Docket 80

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

Ruling for February 27, 2020

Continued to May 21, 2020 at 10:00 a.m.


Ruling for December 19, 2019: Continued to 2/27/20.


Ruling for 11/21/19: Continued to 12/19/19.

Party Information

Debtor(s):

Julie Witt Bowles Represented By Steven A Alpert

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11588


Jose Roberto Toledo and Gabriela Zambrano


Chapter 13


#63.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 5-21-20


Docket 68


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Roberto Toledo Represented By Todd J Mannis

Joint Debtor(s):

Gabriela Zambrano Represented By Todd J Mannis

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11626


Scott Rosson


Chapter 13


#64.00 CONT'D Hearing

RE: [91] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20


Docket 91

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.

Party Information

Debtor(s):

Scott Rosson Represented By

Michael D Kwasigroch

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11931


Rebecca Jolene Borchers


Chapter 13


#65.00 Hearing

RE: [50] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 2-27-20, 5-21-20


Docket 50

*** VACATED *** REASON: Continued to September 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rebecca Jolene Borchers Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10018


Mervlyn Thelma Kerr


Chapter 13


#66.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 5-21-20


Docket 56

*** VACATED *** REASON: Continued to September 17, 2020, at 10:30 a.m.

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Party Information

Debtor(s):

Mervlyn Thelma Kerr Represented By Charles Shamash Joseph E. Caceres

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-10709


Maria Teresa Chavez


Chapter 13


#67.00 CONT'D Hearing:

ORDER TO SHOW CAUSE RE: ENTRY OF SECOND DISCHARGE IN THIS CASE


FR. 6-18-20


Docket 76

*** VACATED *** REASON: Rescheduled by the Court to August 20, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Teresa Chavez Represented By Charles W Oaks

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11493


Valerie Michelle Romo


Chapter 13


#68.00 CONT'D Hearing

RE: [57] Motion and Notice of Motion TO REINSTATE ORDER AND AUTOMATIC STAY UNDER THE ADEQUATE PREOTCTION AGREEMENT WITH THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR REGISTERED HOLDERS OF CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2005-7 DATED AUGUST 16, 2019, with

Proof of Service FR. 6-18-20

Docket 57

*** VACATED *** REASON: Continued to August 20, 2020 at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Valerie Michelle Romo Represented By Nathan A Berneman

Movant(s):

Valerie Michelle Romo Represented By Nathan A Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10246


Sumaira Rahman


Chapter 13


#69.00 Hearing

RE: [35] Objection to Claim Number 6 by Claimant MTGLQ INVESTORS LLP.


Docket 35

*** VACATED *** REASON: Case was dismissed on 6/18/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sumaira Rahman Pro Se

Movant(s):

Sumaira Rahman Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:00-00000 Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1607024076


ZoomGov meeting number: 160 702 4076


Password: 514861


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666


For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:17-10021


John Gardener Mahon


Chapter 13


#1.00 Hearing

RE: [38] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 295 Monte Via, Oak View, California 93022


Docket 38


Tentative Ruling:

Please update the court on status.

Party Information

Debtor(s):

John Gardener Mahon Represented By Matthew D. Resnik

Movant(s):

U.S. Bank Trust National Represented By Angie M Marth

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-10263


Chad W. Myers


Chapter 13


#2.00 Hearing

RE: [53] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 4052 Capella Street, Lompoc, CA 93436 . (Lee, Nancy)


FR. 4-15-20, 6-16-20


Docket 53


Tentative Ruling:

Please update the court on status.

Party Information

Debtor(s):

Chad W. Myers Represented By Matthew D. Resnik

Movant(s):

Wells Fargo Bank NA Represented By Tavon Taylor Nancy L Lee

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11962


Alfonso Serrato Cortez


Chapter 13


#3.00 Hearing

RE: [52] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 541 Sherwood Way, Oxnard, CA 93033 .


Docket 52


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).


Party Information

Debtor(s):

Alfonso Serrato Cortez Represented By William E. Winfield

11:30 AM

CONT...

Movant(s):


Alfonso Serrato Cortez


Chapter 13

U.S. Bank National Association, not Represented By

Erin M McCartney

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-12010


James L Cinney, Sr.


Chapter 13


#4.00 CONT'D Hearing

RE: [29] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3323 View Pointe Drive, Westlake Village, CA 91361 (Lee, Nancy)


FR. 6-23-20


Docket 29

*** VACATED *** REASON: Resolved by Stipulation. Order Granting Motion for Relief entered on 7/16/20.

Tentative Ruling:

Appearances required. No opposition was filed, but the court would like some more information, including confirmation that the proof of insurance has not been provided and an update on whether the debtor is current postpetition.

Party Information

Debtor(s):

James L Cinney Sr. Represented By Julie J Villalobos

Movant(s):

American Advisors Group Represented By Nancy L Lee

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10431


RAUL H YANEZ


Chapter 13


#5.00 CONT'D Hearing

RE: [17] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2123 Empresa Lane, Oxnard, CA 93036 with Proof of Service. (Richey, Cassandra)


FR. 5-13-20


Docket 17

Tentative Ruling:

The only question remaining is whether (d)(4) relief is appropriate. Has the movant shown cause?

Party Information

Debtor(s):

RAUL H YANEZ Represented By

Ronda Baldwin-Kennedy

Movant(s):

Wilmington Trust, National Represented By Cassandra J Richey

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10782

George J Rangel

Chapter 13

#6.00 Hearing

RE: [9] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate .

Docket 9


Tentative Ruling:

There really isn't a strong showing (or any showing) by the debtor here.


With respect to the grounds for arguing that the presumption of bad faith under § 362(c)(3) has not arisen or has been overcome, the debtor only asserts generically that he has "been able to recover from the financial hardship" that led to dismissal of the prior case and can meet his plan obligations. This is insufficient for the court to be able to conclude that the debtor's financial condition changed in the five-day period between the two cases such that this case is likely to conclude with a confirmed and fully performed plan.


When the debtor filed the prior case, he claimed income of $6,000/month solely from rental income. He failed to include the required statement itemizing the elements of the rental income (Schedule I, 8a). The debtor identified no unexpired leases.


In the current case, the debtor claimed less income, again $5,000/month solely from rental income and without the required statement showing how net income was calculated. He also again disclosed no unexpired leases.


The debtor asserts in his declaration in support of the motion that dismissal of the prior case was due to a tenant's failure to pay rent. He does not say that the tenant has paid the past-due rent and/or resumed rent payments. He also does not explain why the amount of rental income has decreased. Given that there is no disclosed lease, the court has no way to conclude that this is reliable rental income sufficient to fund a plan for its full term. The debtor evidently has no other source of income.

11:30 AM

CONT...


George J Rangel


Chapter 13

The debtor's SOFA undermines any claim that he has recovered financially. The SOFA filed in his 2/18/20 case stated that his income year-to-date was $15,000. The SOFA filed on 6/23/20 again states that his year-to-date income was still

$15,000 four months later.


The debtor's generic assertion of "recovery" is insufficient and is rebutted by his own case commencement documents. Unless he is able to present further information regarding his prior financial difficulty and what has changed since the prior case was dismissed (e.g., he claims the difficulty was because a tenant failed to pay rent, but doesn't say that the tenant is now paying rent), the court will have to deny the motion.


Two creditors were clearly not properly served:

Service on Idolina Harris was made at an address other than the one she used on the proof of claim filed in the prior case (and again in the proof of claim filed in this case after this motion was filed).


Service on another secured creditor, Capital One Auto Finance was made on an incomplete address -- it just says "Credit Bureau Dispute, Plano, TX 95025" with no street address or P.O. box. The debtor could easily have used the address given on the proof of claim filed in the prior case.


Party Information

Debtor(s):

George J Rangel Represented By Joshua L Sternberg

Movant(s):

George J Rangel Represented By Joshua L Sternberg

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11931


Rebecca Jolene Borchers


Chapter 13


#6.10 Hearing

RE: [56] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2781 Calle Bienvenido, Thousand Oaks, CA 91360.


FR. 5-27-20, 6-10-20, 7-8-20


Docket 56

*** VACATED *** REASON: Continued to August 18, 2020 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rebecca Jolene Borchers Represented By Matthew D. Resnik

Movant(s):

Citibank, N.A., as Trustee for Represented By Katherine S Walker

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11733

Pablo Valencia

Chapter 13

#7.00 Hearing

RE: [50] Motion to vacate order Motion for Relief From Stay, Hearing Date July 21, 2020 @ 10:30am in Ctrm 301, with proof of service

Docket 50


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Pablo Valencia Represented By Matthew D. Resnik

Movant(s):

Pablo Valencia Represented By Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:17-11947


George Rankin Shepherd, Jr and Janet Earline Shepherd


Chapter 7


#8.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Jerry Namba. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (pg))


Docket 48

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v.

Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

George Rankin Shepherd Jr Pro Se

Joint Debtor(s):

Janet Earline Shepherd Pro Se

Trustee(s):

Jerry Namba (TR) Represented By

11:30 AM

CONT...


George Rankin Shepherd, Jr and Janet Earline Shepherd

Brad Krasnoff Michael G D'Alba


Chapter 7

11:30 AM

9:18-10828


Armando Gonzalez and Wendy Gonzalez


Chapter 7


#9.00 Hearing

RE: [137] Motion RE: Objection to Claim Number 13,32,46,50,60 by Claimant STEVE BROOKS, GEORGE SAMPAS, BETHEL MATHER, JAMES D. HOUGHTON. [OMNIBUS] NOTICE OF MOTION AND MOTION FOR ORDER DISALLOWING CLAIM 50 OF STEVE BROOKS AND CLAIM 46 OF GEORGE SAMPAS AS DUPLICATIVE; SUBORDINATING CLAIM 60 OF BETHEL MATHER AS LATE FILED; AND DISALLOWING CLAIMS 13 AND 50 OF STEVE BROOKS AND CLAIM 32 OF JAMES D, HOUGHTON FOR FAILURE TO SUBMIT EVIDENCE SUPPORTING THE CLAIM; DECLARATION OF SANDRA

K. MCBETH IN SUPPORT THEREOF; with Proof of Service (Attachments: # 1 Exhibit) (McBeth (TR), Sandra)


Docket 137

*** VACATED *** REASON: Order Denying Omnibus Claim Objection Filed by the Chapter 7 Trustee entered on 7/13/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Armando Gonzalez Pro Se

Joint Debtor(s):

Wendy Gonzalez Pro Se

Movant(s):

Sandra McBeth (TR) Represented By Sandra McBeth

Trustee(s):

Sandra McBeth (TR) Represented By Sandra McBeth

11:30 AM

9:11-14735


Robert Antonio Gonzalez and Ruth M Bazaldua de


Chapter 7


#10.00 ORDER TO SHOW CAUSE RE: VIOLATION OF THE DISCHARGE INJUNCTION


FR. 5-27-20, 6-10-20


Docket 39


Tentative Ruling:

The court is astonished that after informing the court that the fees incurred would be lower than originally expected, counsel now claims more fees. The court won't consider an award of more than the $10,000 origianally requested.

$1,619.50 in fees and $24.20 in costs were incurred before 12/10/19. Further, the creditor is correct that many of the amounts claimed seem excessive, like the amount to file the motion to reopen.


The court is inclined to approve $10,000 in fees and $109.50 in costs to the debtors. This is a reasonable fee for the work done in the applicable time period.



Party Information

Debtor(s):

Robert Antonio Gonzalez Represented By Edisson Seropian Bryan Diaz

Joint Debtor(s):

Ruth M Bazaldua de Gonzalez Represented By Edisson Seropian Bryan Diaz

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10564


Gonesico Joe Olivas


Chapter 7


#11.00 ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PAY FILING FEE IN INSTALLMENTS AS ORDERED BY COURT


Docket 15

*** VACATED *** REASON: Full installment payment received 7/1/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gonesico Joe Olivas Pro Se

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:17-11618


Selfridge Partners, LLC


Chapter 11


#12.00 Hearing

RE: [210] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)


Docket 210


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Selfridge Partners, LLC Represented By William E. Winfield

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11


#13.00 Hearing

RE: [190] U.S. Trustee Motion to dismiss or convert case;Declaration of Alfred Cooper III . (Fittipaldi, Brian)


Docket 190

*** VACATED *** REASON: Motion withdrawn on 6/28/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11


#14.00 CONT'D Chapter 11 Status Conference


FR. 12-18-19, 4-24-19, 6-12-19, 7-3-19, 9-3-19, 10-29-19, 12-5-19, 3-24-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

11:30 AM

9:15-12199


Aimee Nozzi


Chapter 11


#15.00 Hearing

RE: [464] Motion for order confirming chapter 11 plan 7th Amended Plan; Declaratons of Aimee Nozzi and Stella Havkin


FR. 7-8-20


Docket 464


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Aimee Nozzi Represented By

Stella A Havkin

Movant(s):

Aimee Nozzi Represented By

Stella A Havkin

11:30 AM

9:15-12199


Aimee Nozzi


Chapter 11


#15.10 Hearing

RE: [471] Stipulation By Aimee Nozzi and Creditor Stephen Nifong regarding Plan Treatment and Resolution of Adversary Case


*******

All appearances for the July 21, 2020 calendar will be via Zoom and not via Court Call. All parties participating in these hearings may connect from the zoom link listed below. This service is free of charge. You may participate using a computer or telephone.


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Meeting URL: https://cacb.zoomgov.com/j/1607024076


Meeting ID: 160 702 4076

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Meeting ID: 160 702 4076

Password: 514861

Docket 471


Tentative Ruling:

The court is delighted that the parties have settled their dispute! The court set this for hearing because of the confusing papers submitted.


The parties did both a settlement agreement and a stipulation. There’s no motion to approve a settlement. The stipulation stipulates nonsensically that the attached settlement agreement "is approved," and the order she lodged states

11:30 AM

CONT...


Aimee Nozzi


Chapter 11

that the stipulation is approved and the settlement agreement is approved.


The court isn't aware of any basis to approve a settlement agreement without a motion, so it isn't clear why the court could do any more than approve the stipulation.


And the stipulation itself is problematic. The stipulation includes some of the terms of the settlement agreement, but far from all of them – it doesn’t even include all of the payment terms. Strangely it does more in the recitals, but the operative agreement language is very incomplete.


It also seems that the stipulation mischaracterizes the settlement agreement. The settlement agreement provides that Nifong will receive the full amount of his proposed plan treatment ($135,096.19) "irrespective of whether the Chapter 11 case is confirmed by July 31, 2020." (Provisions para. 4). This term implies that the 7/31/20 deadline is for confirmation. In the recitals of the stipulation, this provision is characterized as requiring the payment by 7/31/20. Also, there is nothing about this term in the operative language of the stipulation, only in the recitals.


So when do the parties anticipate that the $135k payment going to be made? If this is Nifong's plan treatment, is the debtor allowed to pay him before other creditors? Why?


The settlement agreement also calls for an additional payment of $67,403.81 "upon approval of the Plan Treatment and Resolution of the Adversary Case Stipulation as well as the receipt of the executed Stipulation for Dismissal of the 523 Complaint with prejudice." (Provisions para. 4). The settlement agreement then says that a stipulation for dismissal will be filed "upon receipt of the agreed upon funds." (Provisions para. 4). So will a stipulation for dismissal be filed after all of the funds are paid, or after the $135,096.19 is paid but before the

$67,403.81 is paid?


In sum, the court would like to approve what is necessary to allow the parties to implement their agreement, but there are a lot of issues. The settlement agreement terms of para. 4 are difficult to decipher themselves. These issues

11:30 AM

CONT...


Aimee Nozzi


Chapter 11

are exacerbated by putting some of them in the recitals of the stipulation and some of them in the terms of the stipulation, and generally describing things differently in the stipulation than in the settlement agreement.


Are the parties able to clarify what is meant by their settlement agreement? The court would then consider approving a much simpler stipulation attaching the settlement agreement.

Party Information

Debtor(s):

Aimee Nozzi Represented By

Stella A Havkin

Movant(s):

Aimee Nozzi Represented By

Stella A Havkin

11:30 AM

9:18-12087


Green Pharmaceuticals, Inc.


Chapter 11


#16.00 Chapter 11 Status Conference


Docket 1

Tentative Ruling:

Let's not spend too much time discussing the Portland procedures. This is a situation where a lot has changed, and a disclosure statement would be necessary.

Party Information

Debtor(s):

Green Pharmaceuticals, Inc. Represented By Steven R Fox

W. Sloan Youkstetter Janis G Abrams

11:30 AM

9:20-10554

Community Provider of Enrichment Services, Inc.

Chapter 11


#17.00 CONTD. Hearing

RE: [13] Emergency motion OF DEBTORS FOR THE ENTRY OF AN ORDER: (I) AUTHORIZING DEBTORS TO (A) CONTINUE TO OPERATE THEIR CASH MANAGEMENT SYSTEM, (B) MAINTAIN EXISTING BUSINESS FORMS, AND

(C) CONTINUE INTERCOMPANY ARRANGEMENTS; (II) GRANTING AN EXTENSION OF TIME TO COMPLY WITH REQUIREMENTS OF 11 U.S.C. § 345(b); AND (III) GRANTING RELATED RELIEF; MEMORANDUM OF POINTS AND AUTHORITIES (Salzman, Ryan)


FR. 4-30-20, 6-1-20


Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Community Provider of Enrichment Represented By

Ryan M Salzman

Movant(s):

Community Provider of Enrichment Represented By

Ryan M Salzman Ryan M Salzman Ryan M Salzman

11:30 AM

9:20-10554


Community Provider of Enrichment Services, Inc.


Chapter 11


#18.00 CONT'D Hearing

RE: [97] and [101] Application to Employ - Application of Debtors Pursuant to 11

U.S.C. § 327(a), Fed. R. Bankr. P. 2014(a) and 2016, and L.B.R. 2014-1 for Authority to Retain and Employ Faegre Drinker Biddle & Reath LLP as Attorneys for the Debtors Effective as of the Petition Date with Compensation to be Determined Pursuant to 11 U.S.C. § 330 (Salzman, Ryan)


FR. 6-23-20


Docket 101


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Community Provider of Enrichment Represented By

Ryan M Salzman

Movant(s):

Community Provider of Enrichment Represented By

Ryan M Salzman Ryan M Salzman Ryan M Salzman

11:30 AM

9:18-11009


Mark Steven Limon


Chapter 7

Adv#: 9:20-01002 McBeth,Chapter 7 Trustee v. Limon


#19.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01002. Complaint by Sandra K McBeth,Chapter 7 Trustee against Lori Limon. (Charge To Estate). Complaint for: (1) Avoidance of Preferential Transfers [11 U.S.C. § 547]; (2) Recovery of Avoided Transfers [11

U.S.C. § 550]; and (3) Disallowance of Claims [11 U.S.C. §502] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Triplett, Meghann)


FR. 3-9-20, 4-13-20, 5-18-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark Steven Limon Represented By John Sullivan

Defendant(s):

Lori Limon Represented By

Jeffrey S Graff

Plaintiff(s):

Sandra K McBeth,Chapter 7 Trustee Represented By

Meghann A Triplett

Trustee(s):

Sandra McBeth (TR) Represented By Meghann A Triplett

11:30 AM

9:18-11626


Scott Rosson


Chapter 13

Adv#: 9:19-01005 Rosson v. CITIMORTGAGE, INC et al


#20.00 CONT'D. Status Hearing

RE: [40] Adversary case 9:19-ap-01005. Amended Complaint by Scott Rosson against CITIMORTGAGE, INC, Cenlar FSB. (Charge To Estate). and summons and B104 cover sheet Nature of Suit: (91 (Declaratory judgment)),(21 (Validity, priority or extent of lien or other interest in property)) (Kwasigroch, Michael)


FR. 4-29-19, 6-5-19, 6-21-19, 9-18-19, 12-6-19, 12-18-19, 3-25-20


Docket 40

*** VACATED *** REASON: Continued to October 14, 2020 at 11:30 a.m.

Tentative Ruling:

Ruling for 3/25/20: Continued to 7/15/20 at 2:30 p.m. No updated status report needed.


March 25, 2020

Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT

(866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling for December 18, 2019

The Court will conduct a status conference on March 25, 2020 at 2:30 p.m.


Ruling for 9/18/19: Continued to 12/6/19 at 1:30 p.m. Plaintiff to lodge the scheduling order. New status report is not required.


Ruling for 6/21/19: Continued to 9/18/19 at 1:30 p.m.


Ruling for June 5, 2019

The hearing is continued to June 21, 2019 at 2:30 p.m. No new status report is required.

11:30 AM

CONT...


Debtor(s):


Scott Rosson


Party Information


Chapter 13

Scott Rosson Represented By

Michael D Kwasigroch

Defendant(s):

CITIMORTGAGE, INC Represented By Eddie R Jimenez Jillian A Benbow

Cenlar FSB Represented By

Eddie R Jimenez Jillian A Benbow

Plaintiff(s):

Scott Rosson Represented By

Michael D Kwasigroch

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-12079


Super98, LLC


Chapter 7

Adv#: 9:20-01023 Namba, Chapter 7 Trustee v. Quinn Emanuel Urquhart & Sullivan, LLP


#21.00 Hearing

RE: [19] Motion to Dismiss Adversary Proceeding (Nassiri, Jennifer) FR. 7-8-20

Docket 19


Tentative Ruling:

The motion relies heavily on outside facts, the vast majority of which are not judicially noticeable. The documents submitted also aren't appropriate to incorporate by reference (the movant doesn't specifically request this, but if facts are not judicially noticeable -- "generally known" or "can accurately and readily be determined from sources whose accuracy cannot reasonably be questioned" -- this would be the only basis for the court to consider them), because they simply are part of an effort to create a defense to the allegations in the complaint -- allegations that, at this stage, must be accepted as true. We are at the pleading stage. This feels much more like a summary judgment motion.


Please focus at the hearing on the pleadings. Has the trustee adequately set forth enough facts to state a claim upon which relief can be granted?

Party Information

Debtor(s):

Super98, LLC Represented By

Kevin M. Sullivan

Defendant(s):

Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri

Kenneth John Shaffer

Movant(s):

Quinn Emanuel Urquhart & Represented By

11:30 AM

CONT...


Super98, LLC


Jennifer L Nassiri Kenneth John Shaffer


Chapter 7

Plaintiff(s):

Jerry Namba, Chapter 7 Trustee Represented By

Sonia Singh

John N Tedford IV Eric P Israel

Trustee(s):

Jerry Namba (TR) Represented By

John N Tedford IV Eric P Israel

11:30 AM

9:18-12079


Super98, LLC


Chapter 7

Adv#: 9:20-01023 Namba, Chapter 7 Trustee v. Quinn Emanuel Urquhart & Sullivan, LLP


#22.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01023. Complaint by Jerry Namba, Chapter 7 Trustee against Quinn Emanuel Urquhart & Sullivan, LLP. (Charge To Estate). Nature of Suit: (91 (Declaratory judgment)),(12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Tedford, John)


FR. 4-28-20, 5-18-20, 6-16-20, 7-8-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Super98, LLC Represented By

Kevin M. Sullivan

Defendant(s):

Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri

Kenneth John Shaffer

Plaintiff(s):

Jerry Namba, Chapter 7 Trustee Represented By

Sonia Singh

John N Tedford IV Eric P Israel

Trustee(s):

Jerry Namba (TR) Represented By

John N Tedford IV Eric P Israel

11:30 AM

9:19-11625


Shane Patrick Mahan


Chapter 7

Adv#: 9:19-01079 William G. Joiner, as Trustee of the William G. Jo v. Mahan


#23.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01079. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Shane Patrick Mahan. (Nature of Suit: (41 - Objection / revocation of discharge - 727(c),(d),(e))). (Reynolds, Richard)


FR. 2-24-20, 3-16-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Shane Patrick Mahan Pro Se

Defendant(s):

Shane Patrick Mahan Pro Se

Plaintiff(s):

William G. Joiner, as Trustee of the Represented By

Richard J Reynolds Meghan C Murphey Joseph P Buchman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith

11:30 AM

9:19-11768


Kevin B. Gilgallon


Chapter 7

Adv#: 9:20-01026 Faith v. Reed


#24.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01026. Complaint by Jeremy Faith against Kimberly Reed. (Charge To Estate). Complaint: (1) To Avoid Preferential Transfers Pursuant to 11 U.S.C. § 547; (2) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(A); (3) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1) (B); (4) For Recovery of Avoided Transfers Under 11 U.S.C. § 550; (5) To Preserve Transfer for the Benefit of the Estate Pursuant to 11 U.S.C. § 551, (6) For Authorization to Sell Real Property in Which Co- Owner Holds Interest Pursuant to 11 U.S.C. § 363(h); and (7) For Turnover of Property of the Estate (with Proof of Service) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))),(11 (Recovery of money/property - 542 turnover of property)) (Goodrich, David)


FR. 5-5-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kevin B. Gilgallon Represented By Karen Ware

Defendant(s):

Kimberly Reed Pro Se

Plaintiff(s):

Jeremy Faith Represented By

David M Goodrich

11:30 AM

CONT...

Trustee(s):


Kevin B. Gilgallon


Chapter 7

Jeremy W. Faith (TR) Represented By David M Goodrich

11:30 AM

9:19-12036


Walter W. Knauss


Chapter 7

Adv#: 9:20-01032 MUFG UNION BANK, N.A., a national banking associat v. Knauss et al


#25.00 Hearing

RE: [7] Motion for Default Judgment Under LBR 7055-1 (Brody, David)


Docket 7

Tentative Ruling:

The motion, which was unopposed, appears to set forth adequate argument and evidence to support the causes of action under section 523(a)(2)(A) and (a)(6).

Party Information

Debtor(s):

Walter W. Knauss Represented By John D Faucher

Defendant(s):

Walter W. Knauss Pro Se

Catherine Lynn Knauss Pro Se

Joint Debtor(s):

Catherine Lynn Knauss Represented By John D Faucher

Movant(s):

MUFG UNION BANK, N.A., a Represented By David W Brody

Plaintiff(s):

MUFG UNION BANK, N.A., a Represented By David W Brody

11:30 AM

CONT...

Trustee(s):


Walter W. Knauss


Chapter 7

Sandra McBeth (TR) Represented By Timothy J Yoo Carmela Pagay

11:30 AM

9:19-12036


Walter W. Knauss


Chapter 7

Adv#: 9:20-01032 MUFG UNION BANK, N.A., a national banking associat v. Knauss et al


#26.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01032. Complaint by MUFG UNION BANK, N.A., a national banking association against Walter W. Knauss, Catherine Lynn Knauss. false pretenses, false representation, actual fraud)),(68 (Dischargeability - 523(a) (6), willful and malicious injury)) (Brody, David)


FR. 6-30-20


Docket 1


Tentative Ruling:

Continue to July 21, to line up with motion for default judgment filed by plaintiff.


No appearances on June 30. This matter will be taken off calendar.

Party Information

Debtor(s):

Walter W. Knauss Represented By John D Faucher

Defendant(s):

Walter W. Knauss Pro Se

Catherine Lynn Knauss Pro Se

Joint Debtor(s):

Catherine Lynn Knauss Represented By John D Faucher

Plaintiff(s):

MUFG UNION BANK, N.A., a Represented By David W Brody

11:30 AM

CONT...

Trustee(s):


Walter W. Knauss


Chapter 7

Sandra McBeth (TR) Represented By Timothy J Yoo Carmela Pagay

11:30 AM

9:20-10255


Derrick Mackinga


Chapter 7

Adv#: 9:20-01034 Credit 9 Inc v. Mackinga


#27.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01034. Complaint by Credit 9 Inc against Derrick Mackinga. false pretenses, false representation, actual fraud)) (Hutchinson, George)


Docket 1


Tentative Ruling:

Has the defendant been served?

Party Information

Debtor(s):

Derrick Mackinga Represented By Meghann A Triplett

Defendant(s):

Derrick Mackinga Pro Se

Plaintiff(s):

Credit 9 Inc Represented By

George C Hutchinson

Trustee(s):

Jerry Namba (TR) Pro Se

1:30 PM

1:20-11037


Patricia Jane Herman


Chapter 11


#1.00 Hearing RE: [13] U.S. Trustee Motion to dismiss or convert Case;


*******

All appearances for the July 22, 2020 calendar will be via Zoom and not via Court Call. All parties participating in these hearings may connect from the zoom link listed below. This service is free of charge. You may participate using a computer or telephone.


Join by Computer

Meeting URL: https://cacb.zoomgov.com/j/1603842256

Meeting ID: 160 384 2256

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Meeting ID: 160 384 2256

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Docket 13


Tentative Ruling:

As of 7/20/20, the debtor has failed to respond to the Motion or to file the still missing case commencement documents.


Is dismissal or conversion/appointment of a trustee more appropriate here?

Party Information

1:30 PM

CONT...

Debtor(s):


Patricia Jane Herman


Chapter 11

Patricia Jane Herman Represented By Matthew D. Resnik

1:30 PM

1:20-10111


Pari F Kermani


Chapter 11


#2.00 Second Order to Appear and Show Cause re Dismissal of Case


*******

All appearances for the July 22, 2020 calendar will be via Zoom and not via Court Call. All parties participating in these hearings may connect from the zoom link listed below. This service is free of charge. You may participate using a computer or telephone.


Join by Computer

Meeting URL: https://cacb.zoomgov.com/j/1603842256

Meeting ID: 160 384 2256

Password: 561079


Join by Telephone

For higher quality, dial a number based on your current location.


Dial: US: +1 669 254 5252 or +1 646 828 7666

Meeting ID: 160 384 2256

Password: 561079


Docket 52


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Pari F Kermani Represented By Dana M Douglas

1:30 PM

CONT...


Pari F Kermani


Chapter 11

11:30 AM

9:17-11618


Selfridge Partners, LLC


Chapter 11


#1.00 CONT'D Confirmation Hearing

RE: [147] Debtor's Proposed Chapter 11 Plan of Reorganization FR. 1-21-20, 3-3-20, 5-5-20, 5-18-20


Docket 147

*** VACATED *** REASON: Rescheduled by the court to August 25, 2020, at 11:30am.

Tentative Ruling:

Please update the court on the status of this case. Are there any ballots accepting the plan?

Party Information

Debtor(s):

Selfridge Partners, LLC Represented By William E. Winfield

11:30 AM

9:17-11618


Selfridge Partners, LLC


Chapter 11


#2.00 CONT'D Hearing

RE: [156] Application for Compensation - First and Final Application by Resnik Hayes Moradi LLP, Former General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period September 7, 2017 Through April 30, 2019; Declaration of Matthew D. Resnik in Support Thereof, with Proof of Service for Matthew D. Resnik, Debtor's Attorney, Period: 9/7/2017 to 4/30/2019, Fee: $96,786.50, Expenses: $1,913.34.


FR. 12-5-19, 1-7-20, 3-3-20, 5-5-20, 5-18-20


Docket 156

*** VACATED *** REASON: Rescheduled by the court to August 25, 2020, at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Selfridge Partners, LLC Represented By William E. Winfield

Movant(s):

Selfridge Partners, LLC Represented By William E. Winfield

11:30 AM

9:00-00000 Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

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Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1616958933

ZoomGov meeting number: 161 695 8933

Password: 062293

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:16-11624


Leo Rito Sandoval, Jr


Chapter 11


#1.00 CONT'D Hearing

RE: [193] Motion to Withdraw as Attorney ; Memorandum of Points and Authorities in Support (Metzger, Matthew)


FR. 7-8-20


Docket 193


Tentative Ruling:

Any update?


7/8/20 tentative ruling:

The motion did not attach a proof of service. Two proofs of service were separately filed improperly without caption pages (LBR 9013-3(c)).


The motion is based on the assertion that counsel had been unable to communicate with the debtor. The motion is based on citation to obsolete rules of professional conduct superseded as of 11/1/18. Counsel relies on RPC 3-700(c)(1)(d), which was superseded by RPC 1.16(b)(4), regarding conduct of the client that renders effective representation unreasonably difficult.


The motion asserts that the last communication received from the debtor was on 3/9/20. As to his efforts to reach the debtor, counsel testifies only that he made "repeated efforts via phone and email" to which the debtor had not responded -- but there is no indication of when these efforts were made. The motion appears to have been precipitated by 6/2/20 notice that the U.S. Trustee intended to file another motion to dismiss or convert. The motion to withdraw was filed on 6/5/20, leaving the court to wonder if counsel's efforts to contact the client were only in that three-day window. The declaration in support of the motion is insufficient to establish that the debtor has made effective representation unreasonably difficult.


The motion also makes a request of great concern to the court: that withdrawal be ordered nunc pro tunc to the date the motion was filed. Such a

11:30 AM

CONT...


Leo Rito Sandoval, Jr


Chapter 11

request undermines the requirement that counsel seek leave to withdraw -- why should the court rule now that counsel had no duties to the debtor before the court allowed him to withdraw? Does counsel believe he was relieved of his duties of counsel before this motion was decided? Otherwise, what could possibly be the point of nunc pro tunc effect of withdrawal?


The fact that bankrutpcy courts may grant nunc pro tunc relief in certain contexts, as reflected in the authorities cited by counsel, does not mean that such relief is appropriate for withdrawal of counsel. Counsel cites no authority supporting nunc pro tunc withdrawal of counsel.


The U.S. Trustee filed a motion to dismiss or convert on the same day counsel filed his motion to withdraw. Counsel filed an opposition to the motion, evidently without the debtor's consent. While counsel asserts that his "hands are tied," and he is doing what he can while his motion is pending, he was clearly not authorized by the debtor to file the response to the motion -- especially not a response made on the debtor's behalf.


To the extent counsel believed that he was required to file something in response to the UST's motion despite not being authorized to do so by the debtor, it is important to note that there was no need for counsel to set the withdrawal motion for hearing or to wait the notice period -- pursuant to LBR 2091-1(a), a motion for withdrawal may be made under LBR 9013-1(p).


The court needs to hear more details regarding counsel's efforts to contact the debtor. That will impact whether the court can grant this motion and whether the court should continue the U.S. Trustee's motion.


Party Information

Debtor(s):

Leo Rito Sandoval Jr Represented By Matthew D Metzger

Amelia Puertas-Samara

Movant(s):

Leo Rito Sandoval Jr Represented By

11:30 AM

CONT...


Leo Rito Sandoval, Jr


Matthew D Metzger Matthew D Metzger Matthew D Metzger Matthew D Metzger Amelia Puertas-Samara Amelia Puertas-Samara Amelia Puertas-Samara Amelia Puertas-Samara


Chapter 11

11:30 AM

9:16-11624


Leo Rito Sandoval, Jr


Chapter 11


#2.00 CONT'D Hearing

RE: [200] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)


FR. 7-8-20


Docket 200


Tentative Ruling:

Any update?


Debtor(s):


Party Information

Leo Rito Sandoval Jr Represented By Matthew D Metzger

Amelia Puertas-Samara

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:17-10920


RS Construct, Inc.


Chapter 7

Adv#: 9:18-01014 RS Construct, Inc. v. The Walt Disney Company et al


#3.00 ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE


Docket 1


Tentative Ruling:

The court will dismiss for failure to prosecute.

Party Information

Debtor(s):

RS Construct, Inc. Represented By Jeremy Faith Monserrat Morales

Defendant(s):

The Walt Disney Company Pro Se

Disney Incorporated Pro Se

Walt Disney Parks and Resorts U.S., Represented By

Patrick Bollig Jeffrey W Griffith Robert P Goe

Plaintiff(s):

RS Construct, Inc. Represented By Noreen A Madoyan Monserrat Morales Mitchell B Ludwig

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:17-11642


Gary Charles Lewis


Chapter 7

Adv#: 9:17-01091 Masuda v. Lewis


#4.00 ORDER TO SHOW CAUSE WHY THIS PROCEEDING SHOULD NOT BE DISMISSED AND WHY THE PLAINTIFF SHOULD NOT BE SANCTIONED


Docket 28

*** VACATED *** REASON: Stipulation entered on 7-22-20. Adversary dismissed.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gary Charles Lewis Represented By Matthew D. Resnik

Defendant(s):

Gary Charles Lewis Represented By Matthew D. Resnik

Plaintiff(s):

Adam Masuda Represented By Michael A Wallin

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01066 Itkin v. Organizacion Ideal S. de R.L. de C.V.


#5.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01066. Complaint by Robbin L Itkin against Princess Mundo Imperial Hotel. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(12 (Recovery of money/property - 547 preference)) (Riley, David)


FR. 3-24-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Organizacion Ideal S. de R.L. de Pro Se

Plaintiff(s):

Robbin L Itkin Represented By David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01067 Itkin v. SMANA HOTEL AL RAFFA et al


#6.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01067. Complaint by Robbin L Itkin against SMANA HOTEL AL RAFFA, RAJESH BAHETI. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)


FR. 3-24-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

SMANA HOTEL AL RAFFA Pro Se

RAJESH BAHETI Pro Se

Plaintiff(s):

Robbin L Itkin Represented By David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited

Robbin L. Itkin


Chapter 11

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01068 Itkin v. Zen Co., Ltd


#7.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01068. Complaint by Robbin L Itkin against Zen Co., Ltd. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)


FR. 3-24-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Zen Co., Ltd Pro Se

Plaintiff(s):

Robbin L Itkin Represented By David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01071 Itkin v. Bhattachriya et al


#8.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01071. Complaint by Robbin L Itkin against Sumanta Bhattachriya, Bikram Hotyoga Co. Ltd.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


FR. 3-24-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Sumanta Bhattachriya Pro Se

Bikram Hotyoga Co. Ltd. Pro Se

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited

Eric D Goldberg David M Riley Robbin L. Itkin


Chapter 11

11:30 AM

9:18-11626


Scott Rosson


Chapter 13

Adv#: 9:19-01013 Rosson v. JP MORGAN CHASE


#9.00 ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE


Docket 6


Tentative Ruling:

A response was due on 7/14/20. As of 7/24/20, no response has been filed. No summons has been requested.


Dismiss the adversary proceeding.

Party Information

Debtor(s):

Scott Rosson Represented By

Michael D Kwasigroch

Defendant(s):

JP MORGAN CHASE Pro Se

Plaintiff(s):

Scott Rosson Represented By

Michael D Kwasigroch

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10842


Brendan J Searls


Chapter 13


#10.00 Hearing

RE: [8] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate All Property including 5573 Rushmore Street, Ventura California


Docket 8

Tentative Ruling:


Notice and Service Deficiency


LBR 4001-1(d) states that a party in interest seeking an extension of the stay under 11 U.S.C. § 362(c)(3)(B) or imposition of the stay under 11

U.S.C. § 362(c)(4)(B) must file a motion and serve the motion, notice of hearing, and supporting documents as provided in subsection (c)(1) of this rule and upon all other parties in interest against whom extension or imposition of the stay is sought.


No proof of service was attached to the Motion as required by LBR 9013-1. Rather, four days after the motion was filed, counsel for the Debtor filed a declaration purporting to evidence service of the Motion. (Docket No. 11). The declaration does not explain why no proof of service was attached to the Motion or why the declaration was not filed until several days after the Motion was filed. The declaration also does not comply with the form or substance requirements of LBR 9013-3. In addition to not being on the mandatory proof of service form, the declarant, Ms. Horowitz, does not testify that she served the Motion. Rather, she testifies in the passive voice that the Motion "was served" on 7/9/20. LBR 9013-3(b) requires that a proof of service bear the "signature of the person who performed the service."


In addition, based on the service list attached to that declaration, service was not proper on:


(1) U.S. Bank and Bank of the Sierra – Neither of these institutions was served as a federally insured depository institution pursuant to

11:30 AM

CONT...


Brendan J Searls


Chapter 13

FRBP 7004(h). Bank of the Sierra was not served at the addresses for notice given on the proofs of claim in the Previous Case (U.S. Bank was served at the proof of claim address from the Previous Case).


The IRS – the Court Manual requires service on the IRS at a specific P.O. Box address. The Debtor served some other address.


Counsel really needs to complete and file a proper proof of service for all motions.


The court can only grant as to those creditors properly served, and continue as to the rest.

Party Information

Debtor(s):

Brendan J Searls Represented By Carissa N Horowitz William C Beall

Movant(s):

Brendan J Searls Represented By Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz William C Beall William C Beall William C Beall William C Beall

11:30 AM

CONT...


Trustee(s):


Brendan J Searls


William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11185


Monique Janel Mansfield


Chapter 13


#11.00 Objection to Claim #7 by Claimant Bank of New York Mellon, etc., as Trustee, etc.. in the amount of $ 758973.72 Filed by Debtor Monique Janel Mansfield. (Attachments: # 1 Exhibit A-J) (Beall, William)


FR. 6-1-20, 7-13-20


Docket 120


Tentative Ruling:

BACKGROUND:

The Debtor filed a chapter 13 petition on 7/23/18. Her chapter 13 plan was confirmed on 10/7/18.


On 10/1/18, a proof of claim ("Claim 7") was filed by Shellpoint Mortgage Servicing ("Shellpoint") on behalf of The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc. Alternative Loan Trust 2007-OH2, Mortgage Pass-Through Certificates, Series 2007-OH2 ("BONY"). Claim 7 asserts a claim of $758,973.72 secured by real property located at 1032 Olive Street, Santa Barbara, California 93101 (the "Property").


COMMENT


The court doesn't understand why this document was filed, why it is so lacking in support, and why counsel ignored so many procedural requirements.


Rather than present evidence to rebut the amount or validity of Claim 7, the Objection is a list of perceived grievances against BONY often based on unsupported assumptions by the Debtor. Most of the requested relief is

11:30 AM

CONT...


Monique Janel Mansfield


Chapter 13

relief that may be sought only by adversary proceeding. There is little resembling a claim objection in the Debtor’s filing. Even in the Reply, the Debtor struggles to explain how the court could dispose of the myriad issues in the context of the amount in which to allow Claim 7.


The Objection was also sloppily prepared, filed, and served, which is surprising given that the hearing date was given at the request of the Debtor (not self-calendared), so there could be no excuse of rushing to meet a deadline.


The Opposition, for its part, is also thin on evidence and legal support.

In her Reply, the Debtor pounces on the Opposition with over-the-top indignance and even accusations that BONY has filed falsified documents and is lying to the court. The histrionics of the Debtor’s papers do not amount to legal and factual support to rebut the validity or amount of Claim 7. In addition, the Debtor repeatedly asserts in the Reply that BONY does not dispute facts – both generally and specifically as to certain of the Debtor’s claims – when the Opposition obviously disputes those facts. The Debtor cannot make matters undisputed by claiming they are so.


Service


Service of the Objection was not proper, but defects as to Shellpoint appear to have been waived by the stipulated continuance. Nonetheless, the court will point out the errors made by the Debtor in service to ensure that these mistakes aren't made in the future.


First, there was no proof of service attached to the Objection or the accompanying request for judicial notice (the "RJN," Docket No. 121). LBR 9013-1(e) and 9013-3 required a proof of service attached to each document. Instead, apparently realizing her failure later, the Debtor filed a supplemental proof of service two days later (Docket No. 122). This proof of service is also improper, as it purports to evidence service of two separately filed documents. Moreover, the proof of service does not comply with LBR 9013-3(b), which requires the "exact title of the document being served." Because the Debtor failed to comply with LBR 9013-1 and 9013-3, the court has no valid proof that the Objection or the RJN were served at all.

11:30 AM

CONT...


Monique Janel Mansfield


Chapter 13

Second, even if the late-filed proof of service were proper, it would not indicate proper service on the claimant. Under LBR 3007-1(a), a claim objection is a contested matter under Rule 9014. Therefore, a claim objection must be served in accordance with Rule 7004. Pursuant to LBR 3007-1(b), in addition to service as required by Rule 7004, a claim objection must be served on the address on the proof of claim.


Shellpoint was served at the proof of claim address, but it was not served properly as a corporation pursuant to Rule 7004(b)(3), which requires service on an officer, managing or general agent, or any other agent authorized to receive service of process.


BONY was not properly served because service was sent to "Bank of New York," not to BONY’s full name as the claimant. The court also noted that the address used is not the address of The Bank of New York Mellon listed on the FDIC website or the bank’s website, but BONY does not raise this as a defect.


Notice


The Debtor’s failure to comply with the requirements for a claim objection continued with respect to the form of notice. LBR 3007-1(b) includes specific notice requirements for claim objections. Pursuant to LBR 3007(b)(3), notice must be on or substantially conform to form F

3007-1.1.NOTICE.OBJ.CLAIM. Notice must advise the claimant of the date, time, and place of the hearing, the time to respond, and that if a response is not timely filed and served, that the court may grant the relief requested.

Similarly, LBR 9013-1(c)(2) requires every motion to be accompanied by a notice including the response deadline.


There is not any formal notice of the Objection. The Objection is addressed to the court, not to Shellpoint or BONY, and there is nothing notifying Shellpoint or BONY of the time to respond or that failure to timely respond may result in granting the relief requested. Therefore, notice of the Objection was not proper.

Finally, the Objection fails to attach a copy of the Claim, as required by LBR 3007-1(c)(2). It also fails to include the declaration required by that rule

11:30 AM

CONT...


Monique Janel Mansfield


Chapter 13

stating that the attached copy of the Claim is a true and complete copy of the proof of claim on file with the court. The Debtor attached a copy of the Claim to her RJN, but she did not comply with LBR 3007-1(c)(2).

Evidentiary Objections


Based on the parties’ failure to comply with LBR 9013-1(i)(2), the court overrules all evidentiary objections.


BONY purports to object to evidence in its Opposition, but it does not refer to specific evidence, and its objections are not set forth in a separately filed document in compliance with LBR 9013-1(i)(2).


The Debtor did set forth her evidentiary objections in a separate document but failed to refer to any applicable rule of the Federal Rules of Evidence, which is also a requirement of LBR 9013-1(i)(2). The Debtor’s objections are also so summary and non-specific as to not merit specific rulings by the court. To the extent counsel for the Debtor persists at the hearing in insisting that none of BONY’s records can be considered because the declaration "fails to identify declarant as custodian of records," the court points counsel to look at paragraphs 2 and 3 of BONY’s Dockter Declaration, specifically where Ms. Dockter testifies regarding her knowledge of the maintenance of business records and says "[i]t is my business practice to maintain these records in the regular course of business." The Debtor does not offer authority for the position that Ms. Dockter’s testimony is insufficient to establish a foundation for her knowledge of the authenticity of the attached records.


Merits


Section 502(a) provides that a "claim . . . filed under section 501 of this title, is deemed allowed, unless a party in interest objects." 11 U.S.C. § 502(a). Absent an objection, a proof of claim constitutes prima facie evidence of the validity and amount of the claim. Fed. R. Bankr. P. 3001(f); Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035, 1039 (9th Cir. 2000).


If a filed proof of claim complies with the rules, the burden shifts to the objecting party to "present evidence to overcome the prima facie case."

11:30 AM

CONT...


Monique Janel Mansfield


Chapter 13

United States v. Offord Fin., Inc., (In re Medina), 205 B.R. 216, 222 (B.A.P. 9th Cir. 1996). To defeat the claim, the objecting party must provide sufficient evidence and "show facts tending to defeat the claim by probative force equal to that of the allegations of the proofs of claim themselves." Lundell, 223 F.3d at 1039 (quoting Wright v. Holm (In re Holm), 931 F.2d 620, 623 (9th Cir.

1991)). "The objector must produce evidence, which, if believed, would refute at least one of the allegations that is essential to the claim’s legal sufficiency." Lundell, 223 F.3d at 1040 (quoting In re Allegheny Int’l, Inc., 954 F.2d 167, 173-74 (3d Cir. 1992)). If the objecting party produces evidence sufficient to negate one or more of the sworn facts in the proof of claim, the burden reverts to the claimant to prove the validity of the claim by a preponderance of the evidence. Ashford v. Consol. Pioneer Mort. (In re Consol. Pioneer Mort.), 178 B.R. 222, 226 (B.A.P. 9th Cir. 1995), aff’d, 91 F.3d 151 (9th Cir. 1996)

(quoting Allegheny Int’l, 954 F.2d at 173-74). The ultimate burden of persuasion remains at all times on the claimant. Lundell, 223 F.3d at 1039; Holm, 931 F.2d at 623.

THRESHOLD AND PROCEDURAL ISSUES


Validity and Amount of Claim 7


Nowhere in the Objection does the Debtor assert that the Claim fails to constitute prima facie evidence of the validity and amount of the claim. At one point the Debtor seems to criticize the completeness of the "Mortgage Proof of Claim Attachment" (the "Claim Attachment"), offering her own "statement from Shellpoint" (Exhibit E) that she attempts to authenticate without explanation (Declaration of Monique Mansfield (the "Mansfield Declaration," attached to the Motion), ¶ 14). There is no foundation for the Debtor’s ability to authenticate the servicer’s records. But the Debtor also makes no clear argument that specific information in the Claim Attachment is incorrect, and she does not take the position that the Claim Objection does not comply with the requirements of Rule 3001(c)(2)(C) with respect to a claim asserting a security interest in property that is a debtor’s principal residence.


There are points in the Objection where the Debtor might be making an argument about the amount or validity of the prepetition claim asserted by the Claim, such as with respect to amounts "forgiven" or written off by BONY or a predecessor in connection with the Modification. However, the Debtor makes

11:30 AM

CONT...


Monique Janel Mansfield


Chapter 13

myriad factual assertions from page 3 through 7 of the Objection without citation to factual support. It is not incumbent upon the court to parse the declarations and the record in this case to cobble together admissible evidence that might support the Debtor’s factual assertions. "[J]udges are not like pigs, hunting for truffles buried in briefs." Indep. Towers of Wash. v.

Washington, 350 F.3d 925, 929 (9th Cir. 2003) (quoting United States v.

Dunkel, 927 F.2d 955, 956 (7th Cir. 1991)).


Because of the Debtor’s lack of citations to evidence, the court is also unable to tell what the Debtor might claim is basis to object to Claim 7 and what is a "counterclaim" or claim for damages or sanctions. The Objection is titled "Objection and Counterclaim," but the text does not specify what is in the form of an "objection" and what is a "counterclaim." The Objection is also a jumble of references to pre- and post-petition conduct and to Countrywide, SPS, Bank of America, RTR, Shellpoint, and BONY as if it is established that they are interchangeable.


Even if, arguendo, the court were to undertake digging through the record to see if the Debtor’s position were supported, it’s far from clear that the record would support her position, and it is certainly not clear that the Debtor’s Objection would overcome the prima facie validity of Claim 7.


Whether the Debtor’s Allegations/Requests for Relief Are Properly Raised by a Claim Objection


There are several matters that have been thrown into the Debtor’s grab-bag style Objection that are not properly part of a claim objection. At the very least they are things for which the Debtor has offered no authority for requesting in connection with a claim objection. As noted above, the Objection does not present arguments one would expect in a claim objection to dispute or rebut the prima facie validity of a claim. Rather, it reads as a complaint for damages and motions for sanctions relating to the LMM procedures/orders and the automatic stay.

In the Opposition, BONY argues that the issues raised in the Objection are adversary proceedings pursuant to Rule 7001 but fails to specify which portions of the Objection or which provisions of Rule 7001 require an adversary proceeding here. The Debtor pounces on this failure in the Reply,

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but her only substantive response is to categorically deny that any of her relief requires an adversary proceeding, arguing without authority that no adversary proceeding is necessary because she "seeks an offset against the proof of claim."


The Debtor cites no authority in the Objection or the Reply for her ability to "seek an offset" by claim objection, much less that every one of the myriad and varied allegations in the Objection would be suitable for setoff under bankruptcy or applicable state law. Given the confidence and indignance with which the Debtor proclaims in the Reply that "[t]he matter is procedurally proper," one would think she could provide some legal authority for even some of the relief she seeks by the Objection. (Reply, 3:14-25).


Possibly recognizing that the court may conclude that some of the matters raised in the Objection are not appropriately raised on a claim objection, the Debtor concedes that some relief should be sought by an order to show cause re: contempt, but instructs the court that it should hear the issues "concerning indisputably appropriate claim objection matters," giving a single example. (Reply, 3:26-4:4). But the Objection is full of matters inappropriate for disposition on a claim objection, not just those relating to alleged contempt. The court should not have to participate in the Debtor’s "spaghetti approach," and try to find the procedurally proper aspects of the Objection among inappropriate ones with no legal authority cited in support of any of them. See Indep. Towers of Wash., 350 F.3d at 929 (calling out a party’s "spaghetti approach" in "heav[ing] he entire contents of a pot against the wall in hopes that something would stick," and declining to "sort through the noodles" in search of its claim).


The relief sought in the "Damages" section of the Objection includes:


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The court struggles to figure out which of these demands does not require an adversary proceeding or some other procedure to obtain the requested relief. "A party in interest shall not include a demand for relief of a kind specified in Rule 7001 in an objection to the allowance of a claim." Fed.

R. Bankr. P. 3007(b).


A "proceeding to recover money or property" is an adversary proceeding under Rule 7001(1). The Debtor offers no authority for raising breach of contract and a demand for consequential and punitive damages by means of a claim objection instead of an adversary proceeding. Neither the Objection nor the Reply include any argument or legal support for the Debtor’s bald claim that these are "offsets" or "reductions" permitted on a claim objection. As to the claims of damages for stay violations, the Debtor outright

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demands direct payment of damages to "be paid by Shellpoint to the Debtor," not offset against plan payments. (Opposition, 13:16-18).


A "proceeding to determine the validity, priority, or extent of a lien or other interest in property" is an adversary proceeding under Rule 7001(2). The Debtor’s claims relating to the 2014 modification, including the claims that she was not given all contracted loan forgiveness, that the second mortgage was combined with the first into one loan by the modification, and that therefore the second lien was wiped out by the modification, are all claims disputing the "validity, priority, or extent" of both BONY’s claim and the RTR claim. These issues require an adversary proceeding.


A proceeding to "obtain an injunction or other equitable relief" and a proceeding "to obtain a declaratory judgment" are also adversary proceedings under Rule 7001(7)and (9). To the extent the relief sought in the Objection requires injunctive or declaratory relief regarding the status of the first and second mortgages based on the 2014 modification, an adversary proceeding is required. In addition, the Debtor’s demand for an order "deeming" refused payments to have been made appears to be "injunctive or other equitable relief" or related declaratory relief, and also requires an adversary proceeding (the Debtor also offers no authority for this relief regardless of the procedure by which it was sought).


Even as to those matters not necessarily within the scope of Rule 7001 (or also within the scope of that rule), the Objection seeks relief not properly sought by a claim objection. A proof of claim necessarily represents a claim for prepetition amounts due. The Objection seeks relief from several alleged actions that occurred postpetition. Among these are allegations that the Debtor claims constitute violations of the automatic stay, violations of the court’s LMM program, and improper denial of a modification through the LMM program. The Debtor cites no authority in the Objection or the Reply for seeking relief for postpetition conduct, including conduct allegedly in violation of this court’s orders, by claim objection.


In response to BONY pointing out in the Opposition that these allegations do not support a claim objection, the Debtor concedes that such relief is "typically" sought through an order to show cause, but suggests strangely that there is no difference because both an OSC and a claim

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objection are contested matters. The Debtor goes on to suggest that the court simply issue an OSC. No OSC was requested by the Objection, and the Debtor has not complied with the requirements for such a request. The court should not simply issue an OSC for the benefit of the Debtor because the Debtor failed to seek relief by the proper procedure.


Unable herself to articulate clearly what she has requested properly by the Objection, the Debtor asks in the Reply that the court "determine upon which arguments she has prevailed, and set a further hearing on damages." (Reply, 8:7-8). But the court can’t determine that the Debtor has sought any relief properly sought as part of a claim objection, much less than any of her "damages" would properly be offset against Claim 7.


Emotional Distress and Punitive Damages


The Opposition provides legal arguments disputing the availability of emotional distress damages and punitive damages demanded by the Debtor in the Objection.


Because the Objection does not plainly set forth any matter that appears to be appropriate for resolution on a claim objection, and the court cannot figure out which of the myriad issues raised by the Debtor is/are the basis for her demands for emotional distress and punitive damages, the court need not address the availability of such damages at this point. There could be matters as to which the Debtor can make a procedurally proper claim objection. If and when the Debtor makes such an objection, if she seeks emotional distress damages or punitive damages, the parties and the court can address these issues at that time.

FACTUAL AND SUBSTANTIVE ISSUES


The court is unable to parse the Objection in a way that leaves it able to analyze any part as a properly made claim objection. But the procedural defects are not the only problems with the Objection. The Debtor also makes numerous allegations that are insufficiently supported by the record.


The 2014 Modification

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The Debtor’s claims regarding the 2014 Modification are based on


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unsupported conclusions and speculative reading of incomplete account history. According to the Debtor, in 2007 she obtained a first mortgage loan and the HELOC Second Loan (which she says was fully drawn upon to fund the purchase of the Property). She testifies that she and her then-husband entered into a modification agreement in 2014, which is attached to Claim 7 (the "Modification Agreement"). That is the entirety of the Debtor’s testimony regarding the 2014 Modification.


The Modification Agreement refers to the "Loan Documents" as a single security interest and to a single note. It does not reference any second set of documents or any HELOC credit agreement. The Modification Agreement provides that the post-modification combined principal balance, including the existing principal balance and arrears and other amounts owed, would be $1,218,306.15. $441,816.11 of that amount was to be forgiven, resulting in a "New Principal Balance" of $776,490.03.

There is no reference in the Modification Agreement to the Second Loan or to anything other than a single note and security instrument associated with the modified loan. The Debtor provides no testimony or evidence that the Modification Agreement included the Second Loan debt. Yet the Objection is based on the Debtor’s instruction that the Court must "understand that the Modification must have applied to both loans" and that by the modification "the entire loan secured by the Second Trust Deed was permanently forgiven." (Objection, 3:17-20). A substantial portion of the Objection is based on these completely unsupported claims. As much as the Debtor may like to believe that her entire Second Loan debt was forgiven by the Modification Agreement, the Debtor provides no evidence whatsoever that it was the case, and the evidence the Debtor does provide, the Modification Agreement, undermines her position. Any argument in the Objection based on the claim that the Second Loan was forgiven or the related lien extinguished must be overruled.

The Debtor claims it is "undisputed" that the lender only forgave

$309,614.33 of the promised $441,816.11. This is disputed, even if BONY does not specifically refer to the Debtor’s $309,614.33 figure. (Opposition, 8:16-25). Moreover, the Debtor’s claimed evidence of this alleged error is only a 7/25/16 entry on a loan history showing a principal adjustment of

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$309,614.33. (Objection, Exhibit E, ECF p. 18 of 42). The Debtor just jumps to the conclusion that this 2016 transaction is authoritative proof of how her 2014 modification was implemented.


The Modification Agreement plainly describes the amount being forgiven. "Unpaid and deferred interest, fees, charges, escrow advances, and other costs" would be added to the principal balance (the Modification calls this the "Unpaid Amounts"). That forgiveness was then made of "$441,816.11 of the Combined Principal Balance." (Claim 7, ECF p. 19 of 53, ¶ 3(A)).

There is no reason to believe that a statement showing the Debtor’s principal balance would show a reduction of $441,816.11. One would expect it to show a reduction in the amount of $411,816.11 less the Unpaid Amounts. But the Debtor does not offer any evidence or even an unsupported assertion of the balance of Unpaid Amounts, so the court cannot reach any conclusion about how much of the principal balance as of immediately before the Modification would have been forgiven or if the various documents presented by the Debtor show that an incorrect amount was forgiven.


In addition, by the modification, the Debtor agreed that as of the effective date "the principal balance of the loan that remains due and payable is $776,490.03." (Claim 7, ECF p. 19 of 53, ¶ 3(B)). The document she claims shows that the principal forgiveness was misapplied shows a resulting principal balance of $736,155.30 – so if the Debtor’s Exhibit E is taken to accurately reflect the modification adjustment, as she presents it, it shows that her resulting principal balance is lower than the one she agreed to. It is evident that Exhibit E does not tell the whole story, so it certainly does not demonstrate that the Claim is invalid because the Debtor was denied contracted-to loan forgiveness. To the extent the Objection claims breach of contract as to the Modification Agreement or any "offset" based on such a claim, the Objection should be overruled.


In addition, as discussed above, these arguments appear to relate to the validity, priority, or extent of the lien associated with the modified loan, and therefore they must be made in an adversary proceeding.


Even if this issue were appropriate for a claim objection, because the Debtor has failed to meet her burden to present sufficient evidence to rebut the validity or amount of Claim 7, the court need not address BONY’s

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arguments regarding whether or not a modification like the one the Debtor imagines she entered into would violate the FDCPA (which the Opposition fails to support with specific legal authority).


RTR Litigation


The Debtor makes other claims of damage arising out of her unsupported claim that she was deprived of contracted-to loan forgiveness and that the Modification and loan forgiveness included the Second Loan.


The Debtor raises the lien avoidance proceedings with RTR as to the Second Loan claim it had acquired and filed in this case. The Debtor argues that she was "compelled" to seek to avoid the RTR lien, implying that this need was brought about by BONY. She also complains that, even after obtaining an order avoiding the lien, she had to litigate with RTR regarding whether an unsecured claim existed after her 2012 chapter 7 discharge.


As there is no evidence in the Objection that the Modification Agreement included the Second Loan or extinguished the lien or any claim associated with the Second Loan, there is no basis for a claim objection against BONY with respect to the costs incurred by the Debtor in litigating against RTR. The Debtor’s own filings with respect to the RTR claim undermine her assertion – her motion to avoid RTR’s lien makes no claim that the lien was extinguished by the Modification Agreement. (Docket No. 23).

Similarly, the stipulation regarding treatment of RTR’s claim in this case does not mention the Modification Agreement. In fact, the stipulation between the Debtor and RTR specifically reserves RTR’s "right for the full amount owed" in the event this case is dismissed or converted or if the Debtor fails to complete her plan. (Docket No. 84, ¶ 3).


The Debtor also makes the outlandish assertion on behalf of RTR that RTR must have been defrauded as to the "forgiven note" by whoever it acquired its claim from, and that she will seek discovery on this issue. (Objection, 13:26-14:2). This is irrelevant to her Objection, but the court has to wonder on what basis the Debtor believes she is entitled to discovery on a third party’s alleged claim.

Because there is no evidence to support the Debtor’s conclusion that

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the Modification Agreement "forgave" all liability and the lien on the Second Loan, her arguments that Claim 7 must be disallowed in any way on account of the cost of her litigation with RTR should be overruled.


Additionally, even if there were some relationship between BONY’s claim and the Debtor’s litigation with RTR, it would require a proceeding to determine the validity, priority, or extent of the RTR lien, and therefore would have to be brought as an adversary proceeding.


Prepetition Property Tax Adjustments


The Debtor states that she received a property tax adjustment mid-year for the 2016-2017 tax year and provides an undated property tax bill purportedly showing a reduced total amount of $6,820.88 and an adjusted second installment amount of $2,356.54. (Objection, Exhibit F).


The Debtor testifies that she promptly gave notice to the lender of the change. Her evidence is a fax cover sheet dated 1/27/17. (Objection, Exhibit A). It says that a tax bill is attached, but none is included in the exhibit attached to the Objection. The fax cover sheet is directed to Bank of America, who she says was her lender at the time, but she, somewhat confusingly also says that "at this time the loan was being sold," so it is unclear whether this fax, and whatever might have been attached to it, were received by anyone that then serviced the Debtor’s loan.


The Debtor also testifies that she "informed the new lender through its servicer" of the tax change, but she does not testify who that lender or servicer was or when this notice was given. (Mansfield Declaration, ¶ 7).


BONY notes in the Opposition that escrow adjustments are calculated just once a year, and attaches an escrow statement dated 6/30/17, which would have been after the Debtor’s claimed notice of the changed liability. (Opposition, ECF p. 19 of 59). The Opposition incorrectly asserts, however, that the 6/30/17 statement reflects the "new tax payment" of $4,464.34. (Opposition, 9:4-5). Based on the 2016-2017 tax bill provided by the Debtor, that is the old tax payment, not the new one.


It appears, based on the 6/30/17 escrow statement that the Debtor is

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correct that Shellpoint’s 2017-2018 escrow amount was based on an outdated and higher property tax liability. Because the Debtor never testifies that she gave notice to BONY or Shellpoint of the change, however, it’s not clear whether BONY or Shellpoint had notice of the adjusted tax amount. BONY’s response to the Objection is puzzling, though, as it seems to think it knew of and made the change, when the 6/30/17 escrow statement fails to reflect changed tax liability.


BONY also attaches to the Opposition what it identifies as the next escrow analysis, dated 6/7/18. The Debtor reacts by accusing BONY of fabricating this document for the sole purpose of opposing the Objection to cover its alleged conduct. Based on this accusation, the Debtor tells the court that it should look at all of BONY’s documents with suspicion. (Reply,

6:19-28).


The Debtor’s bold accusation against BONY is based entirely on the fact that there is another escrow statement attached to Claim 7, dated 7/23/18 with different amounts. Given that 7/23/18 is the petition date, it seems reasonable to think that the 7/23/18 document was generated specifically due to the bankruptcy filing and for purposes of attaching to the proof of claim.

Instead, the Debtor immediately jumps to the conclusion that BONY has falsified documents and is lying to the court. The Debtor points out that there are differences between the two documents, but it does not follow that, therefore, the one attached to the Opposition is a fabricated document created for the Opposition.


The Debtor complains that there is "no allegation that [the 6/7/18 escrow statement] was ever sent to Ms. Mansfield, and for good reason" because, as the Debtor describes it, the 6/7/18 escrow statement "admits that Claimant overcharged her significantly and owes her a refund." (Reply,

6:10-12). At the same time, Ms. Mansfield does not deny receiving the 6/7/18 escrow statement. Given that the 2017 escrow statement was sent in June, one would expect her to have received one in 2018 before her 7/23/18 petition date. She does not claim that she received some other escrow statement for 2018-2019.


The 7/23/18 escrow statement attached to the proof of claim is incomplete – unlike the other escrow statements, it does not show the prior

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year history. This, too, suggests this document was generated specially for the bankruptcy case.

The 6/7/18 escrow statement, which the Debtor both claims is falsified but also holds out as true, reflects actual tax payments for 2017-2018 in two installments of $3,571.56, not the installments of $4,464.34 projected in the 6/30/17 escrow statement. Accordingly, if BONY had collected all payments during that year, the Debtor would have paid more than was needed to cover her obligations. However, the 6/17/18 escrow statement also shows that the Debtor had not made any payments between August 2017 and June 2018.

So, while BONY/Shellpoint may have been billing her more than was needed to cover the tax amounts (whether or not it should have known the right amount at the time of the 6/30/17 escrow statement), the Debtor had not actually been paying those amounts because she wasn’t making her mortgage payments at all.

The Debtor claims that the 6/7/18 escrow statement proves that she was overcharged and was owed money by Shellpoint. The statement does show an escrow surplus of $3,799.63. It is not clear where this surplus came from. Neither party puts into the record a statement reflecting how much Shellpoint paid for the April 2017 taxes, but given that Shellpoint appeared to believe that the amount due was $4,464.34, and the tax bill showed liability of

$2,356.54, that could account for some of the surplus. But the 6/7/18 escrow statement also states that the surplus would be paid to the Debtor if her loan was current. By all accounts, the Debtor’s loan was not current as of 6/7/18, just over a month before the petition date. The Debtor portrays this as the bank forcing her into default first, then admitting it overcharged her, and refusing to repay the overcharge because of the default. But, as discussed herein with respect to refused payments, the Debtor has not established that the default was "created" by BONY/Shellpoint rather than by her failure to make mortgage payments.


There is one matter on which the court can agree with the Debtor – the escrow statements and other history available in the record are confusing and make it difficult to determine what happened with respect to the Debtor’s property tax adjustment. The Opposition handles these documents poorly, giving very little illuminating information. It is possible that the Debtor could have an argument that the $8,357.09 negative escrow balance as of the

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petition date is not an accurate figure – that would be a proper basis for a claim objection. But the Debtor does not make that argument (at least not in any clear and coherent manner). Instead, she goes over-the-top making assertions without evidence and asking the court to engage in conjecture.


Rejection of Payments


The Objection asserts that "[p]ayments for July, August and September 2017 were returned by Shellpoint, creating a default." Based on her allegation that Shellpoint "created a default," the Debtor argues that BONY should be held liable for everything that has happened since, including all costs of this case and assorted other forms of alleged damages.


None of the text at page 4, line 27 to page 5, line 7 of the Objection is supported by a single citation to evidence. Many of the assertions in that paragraph lack dates or other information from which a responded could be expected to understand to which payments the Debtor refers. On this basis alone, the Objection is plainly insufficient.


Forcing the court to dig for her evidence for her, the Debtor’s declaration just refers to an eleven-page exhibit she says shows returned payments. (Mansfield Declaration, ¶ 9, Exhibit H). This exhibit is a combination of several documents appearing to show different things. The first two pages are letters on U.S. Bank letterhead dated 7/12/17 and 7/19/17 saying that U.S. Bank (presumably the bank from which the Debtor attempted to make payments, though no evidence is offered) received notification of a "Bill Pay" payment to Shellpoint Mortgage Servicing and that the payments were returned "as Account Closed." The next three pages appear to be portions of a bank statement for an "M & M Realty Services LLC" account which presumably show the initial attempts to make, and then the refunds of, the payments referred to in the 7/12/17 and 7/19/17 letters. The following pages are similar, including two more letters from U.S. Bank, dated 8/16/17 and 9/19/17, indicating payments returned as "Account Closed," and partial "M & M Realty Services LLC" statements showing the same returned payments.

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It’s not clear why the Debtor thinks these payments were wrongfully


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returned. She doesn’t explain why she believes they were correctly made. She seems to imply that this has something to do with her property tax reassessment, but she doesn’t make any clear connection (and none makes obvious sense). On the face of the Objection, the Debtor does not articulate any basis for the court to conclude that Exhibit H is evidence that Shellpoint wrongfully refused payments, creating a default.


In the Opposition, BONY blames the Debtor for the returned payments, asserting that she used the wrong account number, resulting in rejected payments. (Opposition, 9:15-19). The Debtor denies this in the Reply, asserting that she has "downloaded the payment confirmations" showing that the correct loan number was used. She attaches what she claims is a "download from the Bill Pay section of [her] bank" showing that she used the right account number. (Declaration of Monique Mansfield (the "Mansfield Reply Declaration," attached to the Reply), ¶ 2). This document shows dates and amounts that correspond to the dates and amounts of two of the attempted payments purportedly shown on Exhibit H to the Opposition, but the "Biller" is listed as "Olive Mt … 1975." The Debtor says that the correct account number for her loan payments ended in 1975 (and this matches the number on BONY’s proof of claim), but she does not explain what "Olive Mt" referred to. The Debtor also does not explain why she has offered information only as to two payments when she claims at least four improperly refused payments.


The Debtor’s argument is also puzzling because she filed the petition in July 2018, but provides no explanation of why she made no payments between the last returned payment in September 2017 and that date. Since the Debtor received prompt notice that these payments were returned, one has to wonder why she didn’t investigate the reason for the returned payments and take any action to submit payments. She just claims, without specifics that "[s]he continued to try to make payments, Shellpoint continued to refuse them." (Objection, 5:6-7). Her claims about when and how she made payments are vague and leave the court unable to conclude that any particular payments were wrongfully refused.


While the documents offered by the Debtor raise questions about why

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at least two of these payments were rejected, the evidence offered certainly does not rise to proving, as the Debtor asserts, that the payments were wrongfully rejected and therefore that BONY should be held responsible for the filing of this bankruptcy case and the various kinds of resulting damages alleged by the Debtor. In addition, to the extent the debtor seeks to recover damages and also seeks an order "deeming" the rejected payments made, this is relief that must be sought by an adversary proceeding.

Alleged Stay Violation: Advertisement of Sale

The Objection alleges that "[f]or months after the case was filed, Shellpoint [] continually advertised its upcoming sale on online real estate sites," and "placed Zillow advertisements advertising an imminent foreclosure sale." The Debtor claims that the first advertisement was (prepetition) in the 7/2/18 notice of sale with a "sale price" of $759,041.31, and that subsequent postpetition advertisements were made in various amounts.


The Debtor’s claimed evidence that Shellpoint was taking postpetition action in violation of the stay by advertising a sale on Zillow consists of Zillow printouts sent to the Debtor’s counsel by his wife, a real estate agent. (Declaration of William C. Beall (the "Beall Declaration," attached to the Objection), ¶ 7). The Debtor offers no evidence from Zillow regarding where this information comes from or any other evidence that would show that the information on the Zillow website came from Shellpoint or BONY or is attributable to postpetition conduct by them. The Debtor impliedly asks the court to assume that it is there because Shellpoint or BONY "advertised" postpetition.


First (and this will be repeated as to other claimed stay violations below), the remedy for a stay violation, which would constitute contempt of a court order, is to seek an order to show cause regarding the alleged contempt, not a claim objection. BONY notes this in the Opposition, but, even in the Reply, the Debtor fails to provide any authority for alleged postpetition contempt to constitute a basis to offset a prepetition mortgage claim. To the extent the Debtor suggests that the court could just construe the Objection to constitute a motion for order to show cause: (1) she has not complied with the procedures for such a request; and (2) the multiple problems with the Objection make it clear that it is not in the interests of judicial efficiency to ignore the Debtor’s multiple procedural mistakes and lack of evidentiary

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support and convert this claim objection into whatever the Debtor thinks might get her the relief she wants.


While the court need not address the merits of the factual claim improperly raised here, the Debtor offers no competent witness or other evidence from which the court can conclude that the information posted on the Zillow website reflects conduct of BONY in violation of the stay. In the Opposition, BONY asserts that its foreclosure agents do not advertise on Zillow, that its foreclosure agent Peak Foreclosure has not advertised a foreclosure sale since 7/19/18, and that, in any event, the amount of the debt listed on the notice of sale is not a "value." (Opposition, 11:10-18). The Debtor offers no rebuttal, describing this response as "asking the Court to believe that Zillow fabricated a proposed opening bid." (Reply, 7:20-24). The Debtor’s incredulity is not a substitute for her burden to provide evidence. If the Debtor truly wanted to know if advertising activity in violation of the stay had taken plan, she might have sought discovery on this matter, as this contested matter makes discovery available to her. Evidently, she has not sought discovery that might lead to evidence to support her claim.


Alleged Stay Violation: Inspections/People at the Property

As to each of the alleged stay violations, the same caveat to this discussion applies as is set forth above – there is no apparent basis for the court to consider any of the alleged stay violations in the context of a claim objection.

The Debtor dramatically paints a picture of "strangers" who photographed her house, knocked on her door, and asked about the upcoming sale. To the extent this is meant to be an extension of her argument about alleged postpetition advertisement, that issue is discussed above. But the Debtor is also making an additional claim that BONY/Shellpoint sent people to her house who "bothered" her and "terrified" her and her minor daughter.


While BONY’s response that the Debtor cannot prove that people who came to her property were there at the direction of or as agents of BONY seems glib, the fact is that the Debtor makes no effort to show that any "bothersome" or "terrifying" behavior resulting in emotional distress was associated in any way with BONY or Shellpoint. The fact that BONY or Shellpoint may have conducted inspections of the Property does not establish

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that any particular person about whom the Debtor complains was associated with BONY or Shellpoint. In the Reply, the Debtor argues that if only one party charges the Debtor for inspections (presumably Shellpoint, though there is no evidence offered to support this), "it is a fair inference for the Court to take that the inspector on the property violating the stay was employed by that party." (Reply, 7:28-8:2). There are multiple problems with this argument.

First, as discussed below, the Debtor doesn’t offer any evidence that Shellpoint or BONY has charged her for any postpetition inspections. Second, the Debtor has not presented evidence that anyone who was an "inspector" violated the stay – he argument is vague as to dates and incidents that she alleges caused her emotional distress, and it doesn’t follow that people who would knock on the door inquiring about a sale or saying they would "see her at the courthouse" were inspectors. Finally, it is not a "fair inference" for the court to jump to the Debtor’s suggested conclusion (and to find that it is probative evidence) when she has not established either that Shellpoint was charging her for postpetition inspections or that any postpetition visitor to the Property of whom she complains was an inspector. The Debtor lacks evidence and simply asks the court to ignore that deficiency and jump to her suggested conclusion.


Moreover, Debtor’s list of "inspection fees" that she implies proves that Shellpoint was responsible for her claimed emotional distress includes "September of 2016 (11 times) October of 2016 (5 times), May, July, August, September, October, November, and December of 2017, February March, May, June and July of 2018." (Objection, 7:25-27). The Debtor filed her petition on 7/23/18, so this list of dates has no apparent relationship to any postpetition inspection by Shellpoint. The Objection self-servingly states that, although those dates are prepetition, the Debtor’s declaration "establishes that the visitations have continued post-filing." (Objection, 7:28-8:1). It establishes no such thing. It doesn’t establish that the people of whom the Debtor complains were inspectors at all, much less that they were affiliated with Shellpoint or BONY. The Debtor can testify that people were at her house and that she observed them doing certain things, but she does not provide any testimony establishing who those people were or with whom they may have been affiliated. When someone said he would "see [the Debtor] at the courthouse," she "took [it] to mean he was from Shellpoint." (Mansfield Declaration, ¶ 12). The Debtor’s conjecture doesn’t make it so. Again, this is

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a point on which the Debtor might have sought discovery if this were a proper claim objection and if she wanted admissible evidence to support her claim, but she evidently has not sought any discovery.


Alleged Stay Violation: Escrow Deficiency and Notice of Mortgage Payment Change


As to each of the alleged stay violations, the same caveat to this discussion applies as is set forth above – there is no apparent basis for the court to consider any of the alleged stay violations in the context of a claim objection.


The Debtor argues that the 7/11/19 Notice of Mortgage Payment Change ("NOPC") shows that BONY violated the automatic stay by collecting prepetition arrears though postpetition escrow payments. The 6/26/19 Annual Escrow Account Disclosure Statement attached to the 7/11/19 NOPC shows a "starting balance" in the Debtor’s escrow account as of August 2018 as

$8,357.09. The Debtor observes that this amount matches the escrow deficiency as of the petition date shown on the Mortgage Proof of Claim Attachment to Claim 7. The Debtor argues that the 6/26/19 escrow statement shows that Shellpoint reduced the escrow deficiency from $8,357.09 to

$2,114.10 between August 2018 and June 2019, thereby collecting prepetition arrears through postpetition mortgage payments in violation of the stay.


BONY’s response to this claim is that the Debtor should have filed an objection to the NOPC, as provided for in FRBP 3002.1. BONY also argues that RESPA requires the running balance in the escrow account to be included in the escrow analysis. Finally, BONY asserts that it was not collecting for prepetition arrears, but rather charging monthly escrow payments based on 1/12 of the projected needs for taxes and insurance.


The 6/26/19 escrow account statement is a bit difficult to read, but it appears that the Debtor’s interpretation that the escrow deficiency as of the petition date was reduced by $6,242.99 between the petition date and the date of the statement is based on an obvious misreading of the statement.


The statement attached to the 7/11/19 NOPC shows anticipated and actual payments to and disbursements from escrow. The actual payments

11:30 AM

CONT...


Monique Janel Mansfield


Chapter 13

during the covered period total $6,811.17 (eight payments of $674.34, and one payment each of $742.11, $674.33, and $0.01). Actual disbursements from escrow during that period total $8,660.32 (two tax payments of

$3,802.66 each and an insurance payment of $1055.00). Contrary to the Debtor’s conclusion, the statement appears to show that the actual escrow deficiency increased during this period. The difference between the actual payments and the actual disbursements is $1,849.15, which is the difference between the statement’s running balances shown at the beginning and for July 2019 – ($8,357.09) and ($10,206.24). The only reason the statement shows that ($2,114.10) balance at the bottom about which the Debtor is apoplectic is because of two payments designated with a "P" footnote in the amounts of $7,417.80 and $674.34. The statement indicates that the "P" means that the payment has not yet occurred, but is estimated. The Debtor offers no evidence that any payments of $7,417.80 and $674.34 occurred in July 2019, and therefore, the ($2,114.10) balance upon which her entire argument is based is meaningless.

The Reply includes argument that the 6/30/20 NOPC filed after the Objection was filed also fails to comply with FRBP 3002.1. This argument just claims to not understand the NOPC filed after the Objection was filed, and the Debtor throws up her hands and concludes that the NOPC must violate 3002.1.


This is not part of the Objection, as the 6/20 NOPC was filed after the Objection was filed. Moreover, as BONY notes in the Opposition, FRBP 3002.1 provides for the procedure to object to a NOPC. Fed. R. Bankr. P.

3002.1(b)(2). The Debtor provides no authority for the premise that, even if this NOPC had been the subject of her claim objection, that it is an appropriate basis to object to a proof of claim.


LMM Program Conduct


The Debtor makes multiple complaints about the conduct of BONY/Shellpoint in the context of the postpetition Loan Modification Management Pilot Program ("LMM") in which the Debtor participated. She argues that Shellpoint failed to participate in the LMM program in good faith because it:

11:30 AM

CONT...


Monique Janel Mansfield

filed every document late, failed to pay its fees timely, did everything it could to attenuate the process, and then denied the requested modification based upon an asserted value for the property inconsistent with everything all parties knew about the property, and inconsistent with its own valuation.


Chapter 13


(Objection, 5:23-26).


Pursuant to the court’s LMM Procedures, published on the court’s website, parties are required to act in good faith throughout the entirety of the LMM Period (as defined in the LMM Procedures). The remedy for failure to participate in good faith is not a claim objection, but "sanctions and/or dismissal of the LMM after notice and a hearing." (LMM Procedures, 7(a)(i)). A party wishing to resolve any dispute that may have arisen in connection with the LMM Program is directed to "fil[e] a motion and schedul[e] a hearing pursuant to the Court’s Local Bankruptcy Rules." (LMM Procedures, § 7(a) (x)). The Debtor’s inclusion of these LMM Program allegations in a claim objection was procedurally improper. She offers no authority for the premise that postpetition conduct in the LMM Program is a basis for reduction or disallowance of a prepetition claim.


With respect to the substance of the allegations, BONY denies bad faith in its participation and argues that the Debtor’s raising these allegations almost a year after the conclusion of the LMM Program is not timely, practical, or equitable. BONY acknowledges some delays but argues that the delays did not impact the outcome of the program. BONY also argues that it did not improperly require additional self-employment documentation, but rather that such documentation was needed due to the Debtor’s tax returns with a Schedule C which requires profit-and-loss statements.


On 7/12/19, the Debtor filed a final report for the LMM Program attaching the full history of the LMM process between the Debtor and BONY/Shellpoint (the "LMM Report," Docket No. 64). That report includes detailed information regarding deadlines and participation. It indicates that the creditor’s acknowledgment of the initial package and payment of the fee were late (on 1/23/19 and 1/28/19, respectively when the LMM Order (Docket No. 33) required them by 1/17/19). The LMM Report shows that the servicer

11:30 AM

CONT...


Monique Janel Mansfield


Chapter 13

was warned about these missed deadlines and advised that continued failure to comply would result in a Certification of Non-Compliance being filed with the court. The package was eventually acknowledged and the fee paid, and no Certification of Non-Compliance was ever filed. The Debtor’s decision to raise these issues nearly a year and a half later, and by procedurally improper means, is puzzling.


The LMM Report also documents the back-and-forth between the Debtor and Shellpoint regarding documentation and a couple instances of Shellpoint communicating outside the portal. Shellpoint was admonished by the Program Manager for communicating outside the portal and again advised that failure to correct the issue would result in a Certification of Non- Compliance. Again, no Certification of Non-Compliance was actually issued.


If the Debtor was troubled by Shellpoint’s conduct during the LMM Program, there was a procedure outlined in the LMM Procedures for her to follow. She did not follow those procedures. Instead, she waited a year, and then added these complaints to a procedurally improper claim objection.

There is no action the court should take regarding these allegations on the Objection.


LMM Outcome


Relatedly, the Debtor also asserts that Shellpoint improperly denied the Debtor a modification through the LMM Program. The arguments made by the Debtor suggest that Shellpoint’s participation was all a ruse, and that there was never a good faith effort to consider the Debtor’s application.


The Debtor asserts that the denial was based on a NPV analysis with a value of $755,000. The Debtor appealed the decision offering an appraisal of

$720,000, comparable sales, and a property tax valuation. The Debtor asserts that "Shellpoint refused to accept any of this evidence." (Objection, 6:22-24). The Debtor also argues that the alleged "advertisements" on Zillow showed decreasing bids, suggesting that the advertised bid amounts reflected the Property’s value. The Debtor makes the unsupported claim that the NPV "could not, in fact be greater than the amount [BONY] would receive at a foreclosure sale." (Objection, 6:27-7:2). But a Zillow foreclosure sale opening bid is not evidence of the fair market value of real property or even the price

11:30 AM

CONT...


Monique Janel Mansfield


Chapter 13

that the Property would actually sell for at a foreclosure sale.


In the Opposition, BONY describes the appeal procedure through the LMM Program, arguing that the Debtor repeatedly failed to follow the appeal requirements. BONY states that, based on the documents the Debtor submitted with her appeal, the value of the Property was increased, making the NPV more negative. BONY asserts that the Debtor tried to appeal again, but was reminded that only one appeal regarding value was allowed. BONY also asserts that the Debtor’s claim that she was not advised of the outcome of the appeal is false, as a letter was sent to her on 8/8/19.

The Debtor largely ignores the Opposition as to her modification denial. She merely asserts, without elaboration, that the denial was "for a reason that was not justified under the facts." (Reply, 7:14-15).


The Debtor fails to provide sufficient evidence to show that her LMM Program modification was wrongly denied. Even if it were, a claim objection would not be the proper means by which to contest the denial.


2018-2019 Payments


Under the title "Tax Accounting," the Debtor disputes postpetition payments. The court is unable to follow the Debtor’s patched-together arithmetic, but in any event, this issue is not appropriate for a claim objection. As noted above as to other matters, this addresses postpetition payments, not any prepetition amount due set forth in Claim 7. The Debtor gives no authority for reducing or disallowing a proof of claim based on her confusion about the amounts she has paid on postpetition obligations.


"Creation of a Tax Obligation"


Among the items listed in the Debtor’s "Damages" section of the Objection, she states: "as the declaration of Monique Mansfield describes, she has been damaged in the creation of a tax obligation by Shellpoint’s failure to properly credit her interest payments." This appears to be a reference to paragraphs 14 and 15 of the Mansfield Declaration, which are not discussed in the Objection except to demand damages.

11:30 AM

CONT...


Monique Janel Mansfield


Chapter 13

In those paragraphs of her declaration, the Debtor claims that she has had to pay higher income tax because Shellpoint failed to credit payments and send appropriate tax forms.


These allegations are not specific and certainly do not present sufficient evidence to demonstrate that any tax forms were in inappropriate amounts, much less that they caused any specific increased tax liability.

Moreover, to the extent this is based on matters discussed above regarding alleged returned payments or postpetition overpayments, those matters are not established as discussed herein. Finally, as also discussed herein, the Debtor does not provide authority as to how such a claim would be appropriate in the context of a claim objection.


RULING:


Overrule without prejudice to filing another claim objection as to those matters which are appropriate for a claim objection but not established by this objection, or to seeking relief as appropriate by adversary proceeding, a motion for order to show cause, or a motion pursuant to the LMM Procedures.


Party Information

Debtor(s):

Monique Janel Mansfield Represented By Carissa N Horowitz William C Beall

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11766


Joshua Michael Luster


Chapter 7

Adv#: 9:20-01015 Atkinson v. Luster et al


#1.00 Hearing

RE: [16] Motion for Judgment on Pleadings


*******

All appearances for the July 29, 2020 calendar will be via Zoom and not via Court Call. All parties participating in these hearings may connect from the zoom link listed below. This service is free of charge. You may participate using a computer or telephone.


Join by Computer

Meeting URL: https://cacb.zoomgov.com/j/1604871807


Meeting ID: 160 487 1807

Password: 648386


Join by Telephone

For higher quality, dial a number based on your current location.


Dial: US: +1 669 254 5252 or +1 646 828 7666

Meeting ID: 160 487 1807

Password: 648386

Docket 16


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Joshua Michael Luster Represented By John D Faucher

11:30 AM

CONT...


Joshua Michael Luster


Chapter 7

Defendant(s):

Joshua Michael Luster Represented By John D Faucher

Katherine Michelle Luster Represented By John D Faucher

Luster Construction Services Corp. Pro Se DOES 1-10 Pro Se

Joint Debtor(s):

Katherine Michelle Luster Represented By John D Faucher

Movant(s):

Joshua Michael Luster Represented By John D Faucher

Katherine Michelle Luster Represented By John D Faucher

Joshua Michael Luster Represented By John D Faucher

Katherine Michelle Luster Represented By John D Faucher

Plaintiff(s):

Dora Atkinson Represented By

Michael D Kwasigroch

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

1:19-11629


Valley Economic Development Center, Inc.


Chapter 11


#1.00 Hearing RE: [519] Trustee of the VEDC Trusts Motion for an Order: (1) Approving Sale of SBA Community Advantage Loan Program Loan Portfolio Free and Clear of All Liens, Claims And Interests; (2) Waiving the 14-Day Stay Period Set Forth in Bankruptcy Rule 6004(H); (3) Approving and Directing Payment of Brokers Commission; and (4) Granting Related Relief;


*******

All appearances for the July 30, 2020 calendar will be via Zoom and not via Court Call. All parties participating in these hearings may connect from the zoom link listed below. This service is free of charge. You may participate using a computer or telephone.


Join by Computer

Meeting URL: https://cacb.zoomgov.com/j/1602082473


Meeting ID: 160 208 2473

Password: 508809


Join by Telephone

For higher quality, dial a number based on your current location.


Dial: US: +1 669 254 5252 or +1 646 828 7666

Meeting ID: 160 208 2473

Password: 508809


Docket 519

Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to

11:30 AM

CONT...

Valley Economic Development Center, Inc.

Chapter 11

LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


Grant all requested relief. Movant to lodge order within seven days.

Party Information

Debtor(s):

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik

Krikor J Meshefejian Lindsey L Smith

11:30 AM

1:19-11629


Valley Economic Development Center, Inc.


Chapter 11


#2.00 Hearing RE: [525] Trustee of the VEDC Trusts Motion for an Order: (1) Approving Sale of Loan Portfolio (with No SBA Community Advantage Program Loans) Free and Clear of All Liens, Claims and Interests; (2) Waiving the 14-Day Stay Period Set Forth in Bankruptcy Rule 6004(H); (3) Approving and Directing Payment of Brokers Commission; and (4) Granting Related Relief;


*******

All appearances for the July 30, 2020 calendar will be via Zoom and not via Court Call. All parties participating in these hearings may connect from the zoom link listed below. This service is free of charge. You may participate using a computer or telephone.

Join by Computer

Meeting URL: https://cacb.zoomgov.com/j/1602082473


Meeting ID: 160 208 2473

Password: 508809


Join by Telephone

For higher quality, dial a number based on your current location.


Dial: US: +1 669 254 5252 or +1 646 828 7666

Meeting ID: 160 208 2473

Password: 508809


Docket 525

Tentative Ruling:

11:30 AM

CONT...

Valley Economic Development Center, Inc.

Chapter 11

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


Grant all requested relief. Movant to lodge order within seven days.

Party Information

Debtor(s):

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik

Krikor J Meshefejian Lindsey L Smith

11:30 AM

9:00-00000 Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1606617252

ZoomGov meeting number: 160 661 7252

Password: 653045

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:19-11087


Robert B. Haight


Chapter 13


#1.00 CONT'D Hearing

RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 20458 Pacific Coast Highway, Malibu, CA 90265 with Exhibits "A" through "B" and Proof of Service of Document.


FR. 8-16-19, 9-18-19, 10-16-19, 12-4-19, 1-29-20, 2-26-20, 3-25-20, 6-1-20


Docket 20

*** VACATED *** REASON: Continued to August 18, 2020 at 11:30am Tentative Ruling:

August 4, 2020


Any progress? This matter has been continued many times.


May 28, 2020

The motion is unopposed and shows cause under section 362(d)(1) for the requested relief. Grant unless the debtor has evidence that he is current or the parties have agreed to an APO.


Ruling for March 25, 2020

Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.


Ruling for February 26, 2020

Continued to March 25, 2020 at 10:30. Movant to file and serve notice.

Party Information

11:30 AM

CONT...

Debtor(s):


Robert B. Haight


Chapter 13

Robert B. Haight Represented By Nicholas S Nassif

Movant(s):

DJ Development,LLC Represented By Abel Ortiz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-10544


Maurice Leo Wedell and Susan Elizabeth Wedell


Chapter 11


#2.00 Post-Confirmation Status Hearing FR. 4-8-20, 4-28-20

Docket 1

Tentative Ruling:

Continue to 8/25, to be heard with motion to modify plan. No appearances for 8/4.

Party Information

Debtor(s):

Maurice Leo Wedell Represented By Leslie A Cohen

Joint Debtor(s):

Susan Elizabeth Wedell Represented By Leslie A Cohen

11:30 AM

9:11-13066

Ventura M Juarez

Chapter 7

Adv#: 9:19-01039 McBeth v. Platinum Investments Group, LLC et al


#3.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01039. Complaint by Sandra K. McBeth against Platinum Investments Group, LLC, Idalid Byrns, Ryan Byrns. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) (Torres, Felicita)


FR. 10-10-19, 12-5-19, 5-5-20


Docket 1

*** VACATED *** REASON: Continued to September 22, 2020 at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ventura M Juarez Represented By

Michael Grennier - INACTIVE -

Defendant(s):

Platinum Investments Group, LLC Represented By

Reed H Olmstead

Idalid Byrns Represented By

Reed H Olmstead

Ryan Byrns Represented By

Reed H Olmstead

Joint Debtor(s):

Catalina G Juarez Represented By

Michael Grennier - INACTIVE -

11:30 AM

CONT...


Ventura M Juarez


Chapter 7

Plaintiff(s):

Sandra K. McBeth Represented By Felicita A Torres

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:20-01035 Faith v. Bay Area Bottling, LLC


#4.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01035. Complaint by Jeremy W. Faith against Bay Area Bottling, LLC. (Charge To Estate). - Complaint for (1) Avoidance of Post-Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)


Docket 1

*** VACATED *** REASON: Stipulated order entered continuing hearing to 11/17/2020 at 11:30 AM.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Bay Area Bottling, LLC Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy

Anthony A Friedman

11:30 AM

9:19-10117


Carolina Chavez


Chapter 7

Adv#: 9:19-01037 McBeth v. Chavez


#5.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01037. Complaint by Sandra K. McBeth against Javier Chavez. (Charge To Estate). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Sholder, Joseph)


FR. 9-26-19, 12-17-19, 3-24-20


Docket 1

*** VACATED *** REASON: Continued to October 14, 2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carolina Chavez Represented By Andrew S Mansfield

Defendant(s):

Javier Chavez Represented By Larry D Webb

Plaintiff(s):

Sandra K. McBeth Represented By Joseph M Sholder

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres

11:30 AM

9:20-10446


Ryan Michael Smith and Shalon Varian Edwards


Chapter 7


#6.00 Reaffirmation Hearing Date SetRE: [15] Pro se Reaffirmation Agreement Between Debtor and Santa Barbara Teachers Federal Credit Union;


Docket 15


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ryan Michael Smith Represented By Reed H Olmstead

Joint Debtor(s):

Shalon Varian Edwards Represented By Reed H Olmstead

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10476


Adrian B. Ceniceros and Monique M. Ceniceros


Chapter 7


#7.00 Reaffirmation Hearing Date SetRE: [26] Pro se Reaffirmation Agreement Between Debtor and Lakeview Loan Servicing, LLC


Docket 26


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Adrian B. Ceniceros Represented By Janet A Lawson

Joint Debtor(s):

Monique M. Ceniceros Represented By Janet A Lawson

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10549


Laura Anne Porzio


Chapter 7


#8.00 Reaffirmation Hearing Date SetRE: [22] Pro se Reaffirmation Agreement Between Debtor and American Honda Finance Corporation


Docket 22


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Laura Anne Porzio Pro Se

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10571


Christopher Nathan Lichtman and Carrie Anne Lichtman


Chapter 7


#9.00 Reaffirmation Hearing Date SetRE: [11] Reaffirmation Agreement Between Debtor and Nissan Motor Acceptance Corporation (Rafferty, John)


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christopher Nathan Lichtman Represented By Daniel A Higson

Joint Debtor(s):

Carrie Anne Lichtman Represented By Daniel A Higson

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10611


Curley Everett Gorley and Robin Elizabeth Watt-Gorley


Chapter 7


#10.00 Reaffirmation Hearing Date SetRE: [10] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Rafferty, John)


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Curley Everett Gorley Represented By Michael B Clayton

Joint Debtor(s):

Robin Elizabeth Watt-Gorley Represented By Michael B Clayton

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10640


Erik Inoscencio Carrera


Chapter 7


#11.00 Reaffirmation Hearing Date SetRE: [9] Pro se Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2019 Ford F150)


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Erik Inoscencio Carrera Represented By Maria C Hehr

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10674


Elias Aceves Murillo, Jr.


Chapter 7


#12.00 Reaffirmation Hearing Date SetRE: [11] Pro se Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2019 Ford F150)


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Elias Aceves Murillo Jr. Represented By Maria C Hehr

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-10678


Juan Antonio Duarte and Imelda Maria Duarte


Chapter 7


#13.00 Reaffirmation Hearing Date SetRE: [19] Pro se Reaffirmation Agreement Between Debtor and CBC FEDERAL CREDIT UNION


Docket 19


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Juan Antonio Duarte Pro Se

Joint Debtor(s):

Imelda Maria Duarte Pro Se

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10688


Deborah Ruth Mueller


Chapter 7


#14.00 Reaffirmation Hearing Date SetRE: [12] Pro se Reaffirmation Agreement Between Debtor and OneMain


Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Deborah Ruth Mueller Represented By Ashkan Ashour

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10701


Eusebio Garcia and Teresa De Jesus Garcia


Chapter 7


#15.00 Reaffirmation Hearing Date SetRE: [7] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Rafferty, John)


Docket 7


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Eusebio Garcia Represented By Todd J Mannis

Joint Debtor(s):

Teresa De Jesus Garcia Represented By Todd J Mannis

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10704


James Allen Dunning and Heather Rae Dunning


Chapter 7


#16.00 Reaffirmation Hearing Date SetRE: [9] Reaffirmation Agreement Between Debtor and Consumer Portfolio Services


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Allen Dunning Represented By Karen L Grant

Joint Debtor(s):

Heather Rae Dunning Represented By Karen L Grant

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10710


Daniel Louis Menna


Chapter 7


#17.00 Reaffirmation Hearing Date Set

RE: [9] Reaffirmation Agreement Between Debtor and Navy Federal Credit Union (RE RE 2008 Lexus EX)


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel Louis Menna Represented By Karen L Grant

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10710


Daniel Louis Menna


Chapter 7


#18.00 Reaffirmation Hearing Date Set

RE: [10] Reaffirmation Agreement Between Debtor and Navy Federal Credit Union (RE 2009 Lexus RX 350)


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel Louis Menna Represented By Karen L Grant

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10750


Dina Marie Burnett


Chapter 7


#19.00 Reaffirmation Hearing Date SetRE: [11] Reaffirmation Agreement Between Debtor and VW Credit, Inc (Rafferty, John)


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dina Marie Burnett Represented By Daniel King

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-10146


Ann Marie McCarthy


Chapter 7


#20.00 CONT' D Hearing

Reaffirmation Hearing Date Set

RE: [11] Pro se Reaffirmation Agreement Between Debtor and Kia Motors Finance


FR. 7-15-20


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ann Marie McCarthy Represented By Daniel A Higson

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10409


Joseph Alberto Garcia


Chapter 7


#21.00 CONT'D Hearing

Reaffirmation Hearing Date Set

RE: [12] Reaffirmation Agreement Between Debtor and TD Auto Finance LLC (2012 Honda CR-V)


FR. 7-15-20


Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Joseph Alberto Garcia Represented By Linda S Blonsley

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10423


James Joseph Fariello and Terri Lynn Hintz Fariello


Chapter 7


#22.00 CONT'D Hearing

Reaffirmation Hearing Date Set

RE: [13] Reaffirmation Agreement Between Debtor and Wells Fargo Auto FR. 7-15-20

Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Joseph Fariello Represented By Shawn S White

Joint Debtor(s):

Terri Lynn Hintz Fariello Represented By Shawn S White

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10423


James Joseph Fariello and Terri Lynn Hintz Fariello


Chapter 7


#23.00 CONT'D Hearing

Reaffirmation Hearing Date Set

RE: [14] Pro se Reaffirmation Agreement Between Debtor and OneMain FR. 7-15-20

Docket 14


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

James Joseph Fariello Represented By Shawn S White

Joint Debtor(s):

Terri Lynn Hintz Fariello Represented By Shawn S White

Trustee(s):

Sandra McBeth (TR) Pro Se

11:00 AM

1:19-12866


Studio Production Center, Inc.


Chapter 11


#1.00 Hearing RE: [54] Motion RE: Objection to Claim Number 4 by Claimant Imagecraft.


*******

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Docket 54


Tentative Ruling:

Continue to allow the state court to rule.

Party Information

Debtor(s):

Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner

11:00 AM

1:19-12841


Michael John Bostic


Chapter 11


#2.00 CONT'D. Hearing RE: [29] Motion for Order Determining Value of Collateral [11

U.S.C. § 506(a), FRBP 3012]: 4201 Fleethaven Road, Lakewood, CA 90712 fr.4-6-20


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Docket 29


Tentative Ruling:

The court is aware that the parties have resolved this matter. Please upload an order so the court can take this matter off calendar.

Party Information

Debtor(s):

Michael John Bostic Represented By

11:00 AM

CONT...


Movant(s):


Michael John Bostic


Matthew D. Resnik Roksana D. Moradi-Brovia


Chapter 11

Michael John Bostic Represented By Matthew D. Resnik Matthew D. Resnik

Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia

11:00 AM

1:20-11202


Hilary Taylor Johnson


Chapter 11


#3.00 Hearing RE: [10] Motion to Use Cash Collateral


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listed below. This service is free of charge. You may participate using a computer or telephone.


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Docket 10


Tentative Ruling:

The court has questions, in particular regarding the rental income actually being received and the debtor's ability to make adequate protection payments. The cash collateral budget is materially different from the schedules filed the same day.


Is this rental property even estate property?

11:00 AM

CONT...


Hilary Taylor Johnson


Chapter 11

The court will need independent evidence of rental income and expenditures made on the property beyond what has been already provided.

Party Information

Debtor(s):

Hilary Taylor Johnson Represented By Onyinye N Anyama

11:00 AM

1:20-10256


NAI Capital, Inc.


Chapter 11


#4.00 Hearing RE: [143] Motion for Relief from the Automatic Stay Under 11 U.S.C. § 362 (Action in Nonbankruptcy Forum);


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link listed below. This service is free of charge. You may participate using a computer or telephone.


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Docket 143


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold

11:00 AM

CONT...


NAI Capital, Inc.


Lindsey L Smith


Chapter 11

11:00 AM

1:20-10256


NAI Capital, Inc.


Chapter 11


#5.00 Hrg. re Disclosure Statement Describing Debtor's Plan Of Reorganization (Dated June 2, 2020)

fr.7-14-20


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Docket 123

*** VACATED *** REASON: Off Calendar- Plan and Disclosure Statement Withdawn

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

NAI Capital, Inc. Represented By

11:00 AM

CONT...


NAI Capital, Inc.


Ron Bender Todd M Arnold Lindsey L Smith


Chapter 11

11:30 AM

9:00-00000 Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

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ZoomGov meeting number: 161 562 6067

Password: 582704

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:16-12319


Gary William Brinkmeyer


Chapter 13


#1.00 Hearing

RE: [53] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 15226 Campus Park Drive, Unit #A, Moorpark, CA 93021 with proof of service. (Richey, Cassandra)


Docket 53

*** VACATED *** REASON: APO entered on 8/7/2020.

Tentative Ruling:

Any update on APO?

Party Information

Debtor(s):

Gary William Brinkmeyer Represented By Kevin T Simon

Movant(s):

The Bank of New York Mellon, et al Represented By

Cassandra J Richey

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:17-10158


David Allen Yatsko


Chapter 13


#2.00 CONT'D Hearing

RE: [75] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 971 VISALIA STREET, PISMO BEACH, CA 93449 . (Ferry, Sean)


FR. 1-29-20, 2-26-20, 3-25-20, 5-6-20, 5-13-20, 6-30-20


Docket 75


Tentative Ruling:

At the June 30 hearing, counsel indicated the parties had negotiated an APO.


Ruling for March 25, 2020

Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.


Ruling for February 26, 2020

Continued to March 25, 2020 at 10:30 a.m.


Ruling for 1/29/20: Continued to 2/26/20 at 10:30 a.m.

Party Information

Debtor(s):

David Allen Yatsko Represented By Chris Gautschi

Movant(s):

Deutsche Bank National Trust Represented By Sean C Ferry

11:30 AM

CONT...


Trustee(s):


David Allen Yatsko


Keith Labell Theron S Covey Eric P Enciso


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:17-10643


Jose Santiago Murguia and Piedad Murguia


Chapter 13


#3.00 Hearing

RE: [67] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 311 S Oakglen Avenue, Nipomo, CA 93444 with Proof of Service. (Martinez, Kirsten)


Docket 67

*** VACATED *** REASON: Stipulated order entered 8-10-2020.

Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).

Party Information

Debtor(s):

Jose Santiago Murguia Represented By Nicholas M Wajda

11:30 AM

CONT...


Jose Santiago Murguia and Piedad Murguia


Chapter 13

Joint Debtor(s):

Piedad Murguia Represented By Nicholas M Wajda

Movant(s):

MEB Loan Trust III Represented By Kirsten Martinez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-10836


Deborah Ann Rogers


Chapter 7


#4.00 Hearing

RE: [92] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 470 N 3rd St, Grover Beach, California 93433 . (Ferry, Sean)


FR. 5-27-20, 6-10-20


Docket 92

*** VACATED *** REASON: Stipulated Adequate Protection Order was Entered on 6/26/20.

Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).

Party Information

11:30 AM

CONT...

Debtor(s):


Deborah Ann Rogers


Chapter 7

Deborah Ann Rogers Represented By Carissa N Horowitz

Movant(s):

Deutsche Bank National Trust Represented By Sean C Ferry Eric P Enciso

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:18-11576


Marjorie Johnson


Chapter 13


#5.00 HearingRE: [50] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2015 Lexus GS 350 with Proof of Service. (Nagel, Austin)


Docket 50


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Marjorie Johnson Represented By Vaughn C Taus

Movant(s):

Toyota Motor Credit Corporation Represented By

Austin P Nagel

11:30 AM

CONT...

Trustee(s):


Marjorie Johnson


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11890


Juan Manuel Aguilar


Chapter 13


#6.00 HearingRE: [59] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2008 Honda Odyssey with Proof of Service. (Martinez, Kirsten)


Docket 59


Tentative Ruling:

Is the debtor current?


Debtor(s):


Party Information

Juan Manuel Aguilar Represented By Steven Trolard

Movant(s):

TOYOTA MOTOR CREDIT Represented By Kirsten Martinez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-10675


Gilbert Ray De La Mora


Chapter 13


#7.00 CONTD' Hearing

RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1300 East Chestnut Avenue, Lompoc, CA 93436 . (Castle, Caren)


FR. 10-2-19, 11-6-19, 12-4-19, 1-29-20, 2-26-20, 3-25-20, 5-6-20, 5-13-20,

6-30-20


Docket 20

*** VACATED *** REASON: APO entered on 8/7/2020.

Tentative Ruling:

At the 6/30 hearing, the parties indicated they were negotiating an APO.


Ruling for March 25, 2020

Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.


Ruling for February 26, 2020

Continued to March 25, 2020 at 10:30 a.m.


Ruling for 1/29/20: Continued to 2/26/20 at 10:30 a.m.


Ruling for December 4, 2019: Continued to 1/29/20 at 10:30 a.m.

Both sides may supplement the record no later than 1/17/20. On 1/24/20, parties may file a response. On 1/29/20, the Court will rule on this Motion. In the interim, the parties should seek to work out a stay current APO.

11:30 AM

CONT...


Gilbert Ray De La Mora


Chapter 13

Ruling for 11/6/19: Continued to 12/4/19 at 10:30 a.m.


Ruling for October 2, 2019: Continued to 11/6/19 at 10:30 a.m.


Tentative Ruling for October 2, 2019:

Appearances required.


Party Information

Debtor(s):

Gilbert Ray De La Mora Represented By James C Ames

Movant(s):

Mortgage Solutions of Colorado, Represented By

Daniel K Fujimoto Austin P Nagel Kirsten Martinez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11327


Frank Joseph Heller and Marlo Marie Heller


Chapter 13


#8.00 HearingRE: [49] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 25 Brookpebble Lane, Simi Valley, California 93065 with Proof of Service. (Arnold, Jenelle)


Docket 49


Tentative Ruling:

Is the movant the servicer for the beneficiary, or the holder (MERS appears to be the beneficiary so the motion may have the wrong box checked)?

Party Information

Debtor(s):

Frank Joseph Heller Represented By Eric Ridley

Joint Debtor(s):

Marlo Marie Heller Represented By Eric Ridley

Movant(s):

Select Portfolio Servicing Inc., as Represented By

Jenelle C Arnold

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10729


Victoria Lee Bohn


Chapter 13


#9.00 HearingRE: [12] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: VEHICLE .


Docket 12


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Victoria Lee Bohn Represented By Ali R Nader

Movant(s):

THE DUNNING LAW FIRM APC Represented By

James MacLeod

11:30 AM

CONT...

Trustee(s):


Victoria Lee Bohn


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10862


Hernan A. Udaeta


Chapter 13


#10.00 HearingRE: [14] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate Real Property With proof of service hearing for 08/10/2020 at 11:30 am.


Docket 14


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


Grant all requested relief. Movant to lodge order within seven days.

Party Information

Debtor(s):

Hernan A. Udaeta Represented By Nathan A Berneman

Movant(s):

Hernan A. Udaeta Represented By Nathan A Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-12036


Walter W. Knauss and Catherine Lynn Knauss


Chapter 7


#11.00 HearingRE: [95] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Action in Nonbankruptcy Forum .


Docket 95


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


The Movants are correct that the automatic stay was terminated pursuant to § 362(c)(2)(C) and case law including Watson v. City National Bank (In re Watson), 78 B.R. 232, 234 (B.A.P. 9th Cir. 1987) ("the creditor may pursue its non-dischargeable judgment, albeit only upon property not within the bankruptcy estate, such as property acquired after bankruptcy"); see also Cady v. Klapperman (In re Cady), 266 B.R. 172, 180 (B.A.P. 9th Cir. 2001), aff’d, 315 F.3d 1121 (9th Cir. 2003) (affirming the rationale of In re Watson); (Mem. P. & A., at 11-12). Further, the Movants have demonstrated that there is cause for relief from the stay, to the extent it has not terminated, under section 362(d)(1).


Grant all requested relief. Movants to lodge order within seven days.

Party Information

Debtor(s):

Walter W. Knauss Represented By

11:30 AM

CONT...


Walter W. Knauss and Catherine Lynn Knauss

John D Faucher


Chapter 7

Joint Debtor(s):

Catherine Lynn Knauss Represented By John D Faucher

Movant(s):

John Skirtich Represented By

Todd C. Ringstad

Martin Logies Represented By Todd C. Ringstad

Cardinal Collection Educational Represented By Todd C. Ringstad

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Carmela Pagay

11:30 AM

9:20-10544


Accuair Control Systems, LLC


Chapter 7


#12.00 HearingRE: [41] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: All Personal Property . (Zabarauskas, Bruce)


Docket 41


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

The trustee has indicated no opposition to the requested relief. Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.



Party Information

Debtor(s):

Accuair Control Systems, LLC Represented By Paul F Ready

Movant(s):

CDS Business Services, Inc. d/b/a Represented By

Bruce J Zabarauskas

11:30 AM

CONT...

Trustee(s):


Accuair Control Systems, LLC


Chapter 7

Jeremy W. Faith (TR) Represented By Meghann A Triplett

11:30 AM

9:20-10544


Accuair Control Systems, LLC


Chapter 7


#13.00 Hearing

RE: [47] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 888 Ricardo Court San Luis Obispo, CA 93401 with Proof of Service. (Callahan, Drew)


Docket 47

*** VACATED *** REASON: Withdraw of motion filed 7-17-20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Accuair Control Systems, LLC Represented By Paul F Ready

Movant(s):

Accuair Control Systems, LLC Represented By Drew A Callahan

Trustee(s):

Jeremy W. Faith (TR) Represented By Meghann A Triplett

11:30 AM

9:20-10544


Accuair Control Systems, LLC


Chapter 7


#14.00 HearingRE: [50] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: All Personal Property . (Callahan, Drew)


Docket 50


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Accuair Control Systems, LLC Represented By Paul F Ready

Movant(s):

Newtek Small Business Finance, Represented By

Drew A Callahan

11:30 AM

CONT...

Trustee(s):


Accuair Control Systems, LLC


Chapter 7

Jeremy W. Faith (TR) Represented By Meghann A Triplett

11:30 AM

9:20-10740


Salvatore Cisaria and Wendy Carolyn Stephen


Chapter 7


#15.00 HearingRE: [19] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Carol A Orton, Trustee of the Orton Revocable Trust, Dated June 25, 1990, vs. Salvatore Cisaria, an Individual; Wendy C. Stephen, an Individual; and Salvatore Espresso Systems, Inc., a California Corporation; and Does 1-10, inclusive 18CV04136.


Docket 19


Tentative Ruling:

The motion is unopposed. Grant. Please confirm that relief is being sought only as to Salvatore Espresso Systems, Inc.

Party Information

Debtor(s):

Salvatore Cisaria Represented By Roy M Holland

Joint Debtor(s):

Wendy Carolyn Stephen Represented By Roy M Holland

Movant(s):

Carol A. Orton, Trustee of the Orton Represented By

Reed H Olmstead

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10860


BIG F COMPANY, INC.


Chapter 7


#16.00 HearingRE: [10] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Morales- Garcia et al v Higuera Farms Inc et al. # 3 Exhibit 1 - Complaint in Non-Bankruptcy Action # 4 Exhibit 2 - Higuera Farms RFS Order # 5 Exhibit 3 - La Cuesta RFS Order # 6 Exhibit 4 - Subpoena to Big F with proof of service # 7 Exhibit 5 - Trial scheduling order) (Kautz, Ezra)


Docket 10


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT. The Movant may proceed with the Non-bankruptcy Action defined in the motion. Movant may proceed to final judgment in the District Court, with the stay to remain in effect as to enforcement against the debtor or property of the estate. Deny all extraordinary relief; no cause shown.


Movant to submit order within seven days.


Party Information

Debtor(s):

BIG F COMPANY, INC. Represented By Hagop T Bedoyan

11:30 AM

CONT...

Movant(s):


BIG F COMPANY, INC.


Chapter 7

Juana Velasco-Torres Represented By Ezra Kautz

Gabriela Rendon-Vasquez Represented By Ezra Kautz

Cesar Jimenez-Mendoza Represented By Ezra Kautz

Benito Perez-Reyes Represented By Ezra Kautz

Luis Morales-Garcia Represented By Ezra Kautz

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:17-11778


Randall Wayne Ward, Jr.


Chapter 7


#17.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Namba. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (fsy))


Docket 54

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Randall Wayne Ward Jr. Pro Se

Trustee(s):

Jerry Namba (TR) Represented By Reed H Olmstead

11:30 AM

9:10-14947


Robert John Samuel Fowler


Chapter 7


#18.00 Hearing

RE: [154] Motion RE: Objection to Claim Number 1 by Claimant City National Bank. -- Chapter 7 Trustee's Motion For An Order Disallowing Claim No. 1-1 Filed By City National Bank For Lack Of Supporting Documents; Memorandum Of Points And Authorities; Declaration Of Annie Y. Stoops In Support Thereof, With Proof Of Service (Stoops, Annie)


Docket 154

*** VACATED *** REASON: Order approving stipulation to voluntarily dismiss chapter 7

trustee's motion was entered on 8/3/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robert John Samuel Fowler Represented By David L Oberg

Movant(s):

Jeremy W. Faith (TR) Represented By

M Douglas Flahaut Annie Y Stoops Aram Ordubegian

Trustee(s):

Jeremy W. Faith (TR) Represented By

M Douglas Flahaut Annie Y Stoops Aram Ordubegian

11:30 AM

9:10-14947


Robert John Samuel Fowler


Chapter 7


#19.00 HearingRE: [157] Motion to Allow Claim 9,10,11,12,13 and Deem Claims Timely Filed


Docket 157


Tentative Ruling:

Was the Movant unaware of the bankruptcy case or that it had been reopened? When did the Movant learn of the bar date? Something more specific than "way later in the case," please.


The Movant argues, citing City of New York v. New York, New Haven & Hartford R.R., 344 U.S. 293 (1953), that not deeming its claims timely would violate "constitutional due process." In that case, a creditor was aware of a pending reorganization case, but it was not barred from filing a late claim because even a creditor with knowledge of the case has a "right to assume the statutory ‘reasonable notice’ will be given them before their claims are forever barred." City of New York, 344 U.S. at 297.


Cases applying City of New York in this circuit and more recently have refused to read City of New York as a bright-line rule requiring actual notice. For example, in Zidell, Inc. v. Forsch (In re Coastal Alaska Lines, Inc.), 920 F.3d 1428 (9th Cir. 1990), the Ninth Circuit affirmed a decision to deny enlargement of time and sustain a claim objection based on timeliness where the creditor had received notice of the creditors’ meeting and therefore knew that, if assets existed from which a dividend could be paid, creditors would have an opportunity to file claims. Coastal Alaska Lines, 920 F.2d at

1430-31. Effectively, the Coastal Alaska Lines court held that inquiry notice was sufficient to satisfy due process and distinguish a case from City of New York. Id. at 1431.


The Movant also cites, without pincite or discussion, the decision in In re First Magnus Financial Corp., 415 B.R. 416 (Bankr. D. Ariz. 2009). In First Magnus, the creditor had knowledge neither of the bar date nor of the pending bankruptcy case. Id., 415 B.R. at 423. As noted above, the court does not know whether the Movant was aware of the reopened bankruptcy case or when it learned of the notice of possible dividend and the bar date.

11:30 AM

CONT...


Robert John Samuel Fowler


Chapter 7


The Movant’s failure to provide any evidence except the assertion that it was not aware of the bar date at the time notice was given or at the time of the bar date leaves the court unable to evaluate whether the Movant’s due process rights would be impaired if the court were not to deem the Claims timely filed. The court needs more information to grant relief here.


Party Information

Debtor(s):

Robert John Samuel Fowler Represented By David L Oberg

Movant(s):

Peter De Witte Represented By Shalom Rubanowitz

Trustee(s):

Jeremy W. Faith (TR) Represented By

M Douglas Flahaut Annie Y Stoops Aram Ordubegian

11:30 AM

9:17-10918


Jonathan David Startz


Chapter 11


#20.00 HearingRE: [279] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)


Docket 279

Tentative Ruling:

This case is nearly three years old. The basis for the U.S. Trustee's motion is the debtor's repeated delay and the fact that the confirmation hearing has been continued over 12 times. The debtor's response is not to refute any of the points made in the motion, but rather to ask whether this motion can be continued. The court is sympathetic to the debtor's situation, particularly in light of his health issues, but the parties need to address whether it is time to dismiss this case.

Party Information

Debtor(s):

Jonathan David Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:20-10699

Edgar Augusto Meinhardt Iturbe

Chapter 11

#21.00 HearingRE: [30] U.S. Trustee Motion to dismiss or convert case; Declaration of Bankruptcy Analyst with proof of service . (Fittipaldi, Brian)

Docket 30


Tentative Ruling:

It appears that the Debtor, while addressing some specifics of the U.S. Trustee's motion, does not oppose dismissal. The court agrees that dismissal is appropriate. Please be prepared to address whether a bar to refiling is appropriate based on the multiple filings related to this real property.

Party Information

Debtor(s):

Edgar Augusto Meinhardt Iturbe Pro Se

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:20-10699


Edgar Augusto Meinhardt Iturbe


Chapter 11


#22.00 Status Hearing

RE: [1] Chapter 11 Voluntary Petition Individual. FR. 7-13-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Edgar Augusto Meinhardt Iturbe Pro Se

11:30 AM

9:20-10699


Edgar Augusto Meinhardt Iturbe


Chapter 11


#22.10 Hearing

RE: [48] Emergency Motion To Stay Pending Appeal (EDB Filing) (related documents 42 Notice of Appeal and Statement of Election (Official Form 417A))


Docket 48


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Edgar Augusto Meinhardt Iturbe Pro Se

Movant(s):

Edgar Augusto Meinhardt Iturbe Pro Se

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:19-01019 Corporate Recovery Associates, LLC v. Grant Thornton, LLP


#23.00 Pre-Trial Conference

RE: [1] Adversary case 9:19-ap-01019. Complaint by Corporate Recovery Associates, LLC against Grant Thornton, LLP. (Charge To Estate). Complaint to

(1) Avoid and Recover Unauthorized Post-Petition Transfers; (2) Avoid and Recover Fraudulent Transfers Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer), (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)) (Torres, Felicita).


Docket 1

*** VACATED *** REASON: Adversary case was dismissed and closed on 7/16/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

Grant Thornton, LLP Represented By Ian Landsberg

Plaintiff(s):

Corporate Recovery Associates, Represented By Felicita A Torres Christian A Orozco Edward J Dennis

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:20-01018 Faith v. Digital Dogma Corp.


#24.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01018. Complaint by Jeremy W. Faith against Digital Dogma Corp.. (Charge To Estate). - Complaint (1) for Avoidance of Post- Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)


FR. 4-28-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Digital Dogma Corp. Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy

Anthony A Friedman

11:30 AM

9:18-10785


Charles Ardeil Hamm, II


Chapter 7

Adv#: 9:20-01012 Hamm II v. Namba


#25.00 CONTD. Status Hearing

RE: [1] Adversary case 9:20-ap-01012. Complaint by Charles A Hamm II against Jerry Namba . Adversary Complaint to Determine Interest in Property (Federal Rule of Bankruptcy Procedure 7001(a) and (9)) (Fee Not Paid/Charge To Estate). Nature of Suit: (91 (Declaratory judgment)) (Rust, Kam).


FR. 3-24-20


Docket 1

*** VACATED *** REASON: Stipulated order entered on 8-6-20. Hearing continued to February 24, 2021 at 11:30am.

Tentative Ruling:

No appearances on 8/10/20.

Continued to 2/24/21 by agreement of the parties. Please submit a joint status report no later than 2/17/21.


Party Information

Debtor(s):

Charles Ardeil Hamm II Pro Se

Defendant(s):

Jerry Namba Represented By

Jerry Namba

Plaintiff(s):

Charles A Hamm II Pro Se

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:18-11383


Canyon Crest Ranch Partners-Moorpark, LLC


Chapter 7

Adv#: 9:20-01027 Namba v. Rojas et al


#26.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01027. Complaint by Jerry Namba against James Rojas, Sugira Limited, LLC, AKA Sugari Limited, LLC, Texas Tart, LLC, a California Limited Liability Company, Texas Tart, LLC, a Delaware Limited Liability Company, Texas Tart, a Delaware Corporation, Dru Peterson, Susan Peterson, Jodi A. Proud. (Charge To Estate). (Attachments: # 1 Exhibit A) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Altman, Louis)


FR. 5-5-20


Docket 1


Tentative Ruling:

Continued to 10/14/20 at the Plaintiff's request (Defendant has not appeared or answered).

No appearances on 8/10/20 unless counsel would like to request another date.

Party Information

Debtor(s):

Canyon Crest Ranch Partners- Represented By Dana M Douglas

Defendant(s):

James Rojas Pro Se

Sugira Limited, LLC, AKA Sugari Pro Se Texas Tart, LLC, a California Pro Se

Texas Tart, LLC, a Delaware Pro Se Texas Tart, a Delaware Corporation Pro Se

11:30 AM

CONT...


Canyon Crest Ranch Partners-Moorpark, LLC


Chapter 7

Dru Peterson Pro Se

Susan Peterson Pro Se

Jodi A. Proud Pro Se

Plaintiff(s):

Jerry Namba Represented By

Louis H Altman Vanessa M Haberbush

Trustee(s):

Jerry Namba (TR) Represented By Aaron E de Leest Brad Krasnoff

11:30 AM

9:19-10135


Charolette D.W. Iverson


Chapter 7

Adv#: 9:19-01015 KELLY v. IVERSON et al


#27.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01015. Complaint by Sandra K. McBeth against Cathy Iverson. (Charge To Estate). Notice of Removal of Lawsuit Pending in State Court to Bankruptcy Court Nature of Suit: (01 (Determination of removed claim or cause)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Simons, Larry)


FR. 6-12-19, 7-16-19, 10-15-19, 12-17-19, 3-24-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charolette D.W. Iverson Represented By Jeremy Faith

Defendant(s):

CHAROLETTE IVERSON Pro Se

Cathy Iverson Represented By

Candice Candice Bryner Jeremy Faith

Plaintiff(s):

AEOLAN KELLY Represented By Diane Goldman

Trustee(s):

Sandra McBeth (TR) Represented By Larry D Simons


Tuesday, August 11, 2020

Hearing Room

1639


11:00 AM

1:20-11037


Patricia Jane Herman


Chapter 11


#0.00 Status Hearing RE: [1] Chapter 11 Voluntary Petition Individual.


*******

All appearances for the August 11, 2020 calendar will be via Zoom and not via Court Call. All parties participating in these hearings may connect from the zoom link listed below. This service is free of charge. You may participate using a computer or telephone.


Join by Computer

Meeting URL: https://cacb.zoomgov.com/j/1606502573


Meeting ID: 160 650 2573

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Meeting ID: 160 650 2573

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Docket 1

Debtor(s):

*** VACATED *** REASON: Off Calendar - Case Dismissed 7/24/20

Party Information

Patricia Jane Herman Represented By Matthew D. Resnik

11:00 AM

2:13-22155

New Meatco Provisions, LLC

Chapter 11

Adv#: 2:13-01720 New Meatco Provisions, LLC v. Greenberg Cheese Company, Inc.

#1.00 CONTD. Hearing RE: [63] Plaintiff's Motion For Summary Judgment; Fr. 12-3-19,3-11-20

Docket 63

*** VACATED *** REASON: Off Calendar-Adv. Dismissed per Stip. Entered 7/2/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut Michael S Cryan

Defendant(s):

Greenberg Cheese Company, Inc. Pro Se

Plaintiff(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut Lindsey L Smith Anthony A Friedman

Trustee(s):

Howard B Grobstein Represented By Lindsey L Smith Larry W Gabriel Reagan E Boyce Anthony A Friedman Eve H Karasik

11:00 AM

CONT...


New Meatco Provisions, LLC


Chapter 11

11:00 AM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:13-01720 New Meatco Provisions, LLC v. Greenberg Cheese Company, Inc.


#2.00 CONTD. Status Hearing RE: [1] Adversary case 2:13-ap-01720. Complaint by New Meatco Provisions, LLC against Greenberg Cheese Company, Inc.. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14, 8-19-2014

fr. 11-18-14,9-18-19, 2-24-15, 6-9-15,8-25-15

fr.12-15-15,4-19-16, 7-26-16, 10-25-16, 2-7-17

fr.5-23-17,5-30-17,9-5-17,9-12-17,3-14-18

fr. 6-27-18,11-7-18,1-23-19, 5-22-19

fr. 9-18-19, 12-3-19


TELEPHONIC APPEARANCE ONLY

fr.3-11-20


Docket 1

*** VACATED *** REASON: Off Calendar-Adv. Dismissed per Stip. Entered 7/2/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut

Defendant(s):

Greenberg Cheese Company, Inc. Pro Se

Plaintiff(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

11:00 AM

CONT...


New Meatco Provisions, LLC


M Douglas Flahaut


Chapter 11

U.S. Trustee(s):

United States Trustee (LA) Pro Se

11:00 AM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:13-01896 New Meatco Provisions, LLC v. Marquez Brothers Enterprises, Inc.


#3.00 CONTD. Status Hearing RE: [1] Adversary case 2:13-ap-01896. Complaint by New Meatco Provisions, LLC against Marquez Brothers Enterprises, Inc.. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))


fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14,

8-19-2014 fr. 11-18-14, 2-24-15,6-9-15,8-25-15

fr.12-15-15,4-19-16,7-26-16,10-25-16

fr.2-7-17,5-23-17,5-30-17,9-5-17,9-12-17

fr.3-14-18, 6-27-18,11-7-18,1-23-19

fr. 5-22-19,9-18-19,12-3-19, fr.3-11-20


Docket 1

*** VACATED *** REASON: Off Calendar-Adv. Dismissed Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut

Defendant(s):

Marquez Brothers Enterprises, Inc. Pro Se

Plaintiff(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

11:00 AM

CONT...


New Meatco Provisions, LLC


M Douglas Flahaut


Chapter 11

U.S. Trustee(s):

United States Trustee (LA) Pro Se

11:00 AM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:13-01910 New Meatco Provisions, LLC v. Richmoore Holding, Inc.


#4.00 CONTD. Status Hearing RE: [1] Adversary case 2:13-ap-01910. Complaint by New Meatco Provisions, LLC against Richmoore Holding, Inc.. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))

fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14, 8-19-2014

fr. 11-18-14, 2-24-15,6-9-15,8-25-15,12-15-15

fr.4-19-16, 7-26-16,10-25-16, 2-7-17,5-23-17

fr.5-30-17,9-5-17,9-12-17,3-14-18, 6-27-18

fr.11-7-18, 1-23-19, 5-22-19,9-18-19,12-3-19,3-11-20


Join by Computer

Meeting URL: https://cacb.zoomgov.com/j/1606502573


Meeting ID: 160 783 3368

Password: 000892


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Dial: US: +1 669 254 5252 or +1 646 828 7666

Meeting ID: 160 783 3368

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Docket 1

11:00 AM

CONT...

New Meatco Provisions, LLC

Chapter 11

Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut

Defendant(s):

Richmoore Holding, Inc. Pro Se

Plaintiff(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut

U.S. Trustee(s):

United States Trustee (LA) Pro Se

11:00 AM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:13-02202 New Meatco Provisions, LLC v. AA Meat Products Corporation


#5.00 CONTD. Status Hearing RE: [1] Adversary case 2:13-ap-02202. Complaint by New Meatco Provisions, LLC against AA Meat Products Corporation. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


fr.3-20-14,5-20-14, 8-19-2014,11-18-14

fr. 2-24-15,6-9-15,8-25-15,12-15-15

fr.4-19-16,7-26-16,10-25-16,2-7-17,5-23-17

fr.5-30-17,9-5-17,9-12-17,3-14-18

fr. 6-27-18,11-7-18,1-23-19, 5-22-19

9-18-19, 12-3-19,3-11-20


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Docket 1

Tentative Ruling:

The court has conducted evidentiary hearings using zoom. Before the court continues this matter pending an in-person trial at some unknown date in the

11:00 AM

CONT...

New Meatco Provisions, LLC

Chapter 11

future, perhaps the parties should discuss a trial conducted over zoom.

How many witnesses and exhibits are expected? How long would the parties expect trial to be?

Party Information

Debtor(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut Michael S Cryan

Defendant(s):

AA Meat Products Corporation Pro Se

Plaintiff(s):

New Meatco Provisions, LLC Represented By Mette H Kurth Michael S Cryan M Douglas Flahaut

U.S. Trustee(s):

United States Trustee (LA) Pro Se

11:00 AM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:15-01238 Grobstein v. Bay Area Seafood, Inc.


#6.00 CONTD. Status Hearing RE: [1] Adversary case 2:15-ap-01238. Complaint by Howard Grobstein against Bay Area Seafood, Inc. For: (1) Avoidance and Recovery of Preferential Transfers [11 U.S.C. §§ 547(b). 550(a), and 551]; and (2) Disallowance of any Claims held by Defendant [ 11 U.S.C. § 502(d)] Nature of Suit: (12 (Recovery of money/property - 547 preference))


fr.7-7-15,8-11-15,12-15-15,4-19-16

fr.7-26-16,10-25-16,2-7-17,5-23-17

fr.5-30-17,9-5-17,9-12-17,3-14-18

fr. 6-27-18,11-7-18,1-23-19, 5-22-19

9-18-19, 12-3-19,3-11-20


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Password: 000892


Docket 1


Tentative Ruling:

- NONE LISTED -

Party Information

11:00 AM

CONT...

Debtor(s):


New Meatco Provisions, LLC


Chapter 11

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut Michael S Cryan

Defendant(s):

Bay Area Seafood, Inc. Pro Se

Plaintiff(s):

Howard Grobstein Represented By Lindsey L Smith

Trustee(s):

Howard B Grobstein Represented By Lindsey L Smith

U.S. Trustee(s):

United States Trustee (LA) Pro Se

11:00 AM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:15-01244 Grobstein v. Maike Loehr & Company, Inc., dba Landmark Foods


#7.00 CONTD. Status Hearing RE: [1] Adversary case 2:15-ap-01244. Complaint by Howard Grobstein against Maike Loehr & Company, Inc., dba Landmark Foods. (Charge To Estate). (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


fr.7-7-15,8-11-15,12-15-15,4-19-16

fr.7-26-16,10-25-16,2-7-17,5-23-17

fr.5-30-17,9-5-17,9-12-17,3-14-18

fr. 6-27-18,11-7-18,1-23-19, 5-22-19

9-18-19, 12-3-19,3-11-20


Join by Computer

Meeting URL: https://cacb.zoomgov.com/j/1606502573


Meeting ID: 160 783 3368

Password: 000892


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Dial: US: +1 669 254 5252 or +1 646 828 7666

Meeting ID: 160 783 3368

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Docket 1


Tentative Ruling:

- NONE LISTED -

Party Information

11:00 AM

CONT...

Debtor(s):


New Meatco Provisions, LLC


Chapter 11

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut Michael S Cryan

Defendant(s):

Maike Loehr & Company, Inc., dba Pro Se

Plaintiff(s):

Howard Grobstein Represented By Anthony A Friedman Lindsey L Smith Gary E Klausner

Trustee(s):

Howard B Grobstein Represented By Lindsey L Smith

U.S. Trustee(s):

United States Trustee (LA) Pro Se

11:00 AM

2:14-19226


Eliminator Custom Boats, Inc.


Chapter 11

Adv#: 2:19-01014 Gotfredson v. Wong et al


#8.00 Status Hearing RE: [1] Adversary case 2:19-ap-01014. Complaint by Elliott Gotfredson against James Y Wong, Armory Consulting Co., Eliminator Custom Boats, Inc.. (Fee Not PAID-FEE DEFFERRED). Nature of Suit: (01 (Determination of removed claim or cause))


Join by Computer

Meeting URL: https://cacb.zoomgov.com/j/1606502573


Meeting ID: 160 783 3368

Password: 000892


Join by Telephone

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Dial: US: +1 669 254 5252 or +1 646 828 7666

Meeting ID: 160 783 3368

Password: 000892


Docket 1


Tentative Ruling:

The court won't consider remand without a noticed motion and opportunity to respond. FRBP 9027(d), 9014.

Party Information

Debtor(s):

Eliminator Custom Boats, Inc. Represented By James E Till

11:00 AM

CONT...


Eliminator Custom Boats, Inc.


Chapter 11

Defendant(s):

James Y Wong Pro Se

Armory Consulting Co. Pro Se

Eliminator Custom Boats, Inc. Represented By James E Till

Plaintiff(s):

Elliott Gotfredson Represented By

E Jay Gotfredson James E Till

11:00 AM

2:17-25614


3600 Ashe, LLC


Chapter 11


#9.00 Post Confirmation Status Hearing fr. 6-2-20,6-9-20


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Meeting URL: https://cacb.zoomgov.com/j/1606502573


Meeting ID: 160 783 3368

Password: 000892


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Meeting ID: 160 783 3368

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Docket 0


Tentative Ruling:

The court thanks the plan administrator for the second status report.

Please update the court on anticipated timing and when/whether there should be another status conference.

Party Information

Debtor(s):

3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham

11:30 AM

9:00-00000 Chapter 0


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1615998220

ZoomGov meeting number: 161 599 8220

Password: 428197

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:18-10685


Rocelia Rodriguez Solis


Chapter 13


#1.00 CONTD. Hearing

RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 205 S Sage St, Lompoc, California 93436-6422 with Exhibits and Proof of Service. (Zahradka, Robert)


FR. 5-7-20, 5-13-20


Docket 44

*** VACATED *** REASON: Stipulated order entered on 8-14-20. Hearing continued to October 14, 2020 at 11:30am.

Tentative Ruling:

At the hearing on 5/13/20, the Movant reported that the Debtor had received forbearance through July. The Movant requested a continuance to August to see whether the Debtor would be able to pay arrears at that point.


Please update the court.


Debtor(s):


Party Information

Rocelia Rodriguez Solis Represented By James C Ames

Movant(s):

Quicken Loans Inc. Represented By Robert P Zahradka

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11931


Rebecca Jolene Borchers


Chapter 13


#2.00 Hearing

RE: [56] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2781 Calle Bienvenido, Thousand Oaks, CA 91360.


FR. 5-27-20, 6-10-20, 7-8-20, 7-21-20


Docket 56

*** VACATED *** REASON: Withdrawn by movant on 8/4/2020 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rebecca Jolene Borchers Represented By Matthew D. Resnik

Movant(s):

Citibank, N.A., as Trustee for Represented By Katherine S Walker

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11087

Robert B. Haight

Chapter 13

#3.00 HearingRE: [75] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 20458 Pacific Coast Highway, Malibu, California 90265 with Exhibits and Proof of Service. (Zahradka, Robert)

Docket 75


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).


Party Information

Debtor(s):

Robert B. Haight Represented By Nicholas S Nassif

11:30 AM

CONT...

Movant(s):


Robert B. Haight


Chapter 13

CitiMortgage, Inc. Represented By Robert P Zahradka

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11087


Robert B. Haight


Chapter 13


#3.10 CONT'D Hearing

RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 20458 Pacific Coast Highway, Malibu, CA 90265 with Exhibits "A" through "B" and Proof of Service of Document.


FR. 8-16-19, 9-18-19, 10-16-19, 12-4-19, 1-29-20, 2-26-20, 3-25-20, 6-1-20,

8-4-20


Docket 20

Tentative Ruling: August 18, 2020

This matter has been continued many times. The court has a final ruling to grant the real property motion for relief.


May 28, 2020

The motion is unopposed and shows cause under section 362(d)(1) for the requested relief. Grant unless the debtor has evidence that he is current or the parties have agreed to an APO.


Ruling for March 25, 2020

Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.


Ruling for February 26, 2020

Continued to March 25, 2020 at 10:30. Movant to file and serve notice.

Party Information

11:30 AM

CONT...

Debtor(s):


Robert B. Haight


Chapter 13

Robert B. Haight Represented By Nicholas S Nassif

Movant(s):

DJ Development,LLC Represented By Abel Ortiz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11962


Alfonso Serrato Cortez


Chapter 13


#4.00 HearingRE: [54] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Kia Soul, VIN: KNDJN2A23G7289359 . (Ith, Sheryl)


Docket 54


Tentative Ruling:

Is the debtor current?


Debtor(s):


Party Information

Alfonso Serrato Cortez Represented By William E. Winfield

Movant(s):

Kia Motors Finance Represented By Sheryl K Ith

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10091


Sandra Soto


Chapter 13


#5.00 CONTD. Hearing

RE: [31] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 8116 North Ventura Avenue, Ventura, CA 93001


FR. 7-8-20


Docket 31


Tentative Ruling:

At the 7/8/20 hearing, the movant reported that they were working on an APO and requested a continuance. Please update the court.


7/8/20 Tentative Ruling:

Appearances required.


The "forbearance plan" the Debtor references is a form that the Debtor filled out online. The form clearly states that filling out the form is only a request for a forbearance plan, as seen above the signature lines. See Opposition, Exhibit C. The bottom of the form makes even more clear that the form is a request by stating that processing time for the request is seven to ten business days. The Debtor has not attached a confirmation of the request.


The movant should be prepared to confirm the status of any forbearance approval or denial. The Debtor should be prepared to confirm what, if any, payments have been made since the forbearance request form was filled out.


Party Information

Debtor(s):

Sandra Soto Represented By

Randall V Sutter

11:30 AM

CONT...

Movant(s):


Sandra Soto


Chapter 13

Broker Solutions Inc. dba New Represented By

Erin M McCartney

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10782


George J Rangel


Chapter 13


#6.00 CONTD. Hearing

RE: [9] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate .


FR. 7-21-20


Docket 9


Tentative Ruling:

This matter was continued for proper service on certain creditors. An amended proof of service was filed on 7/23/20 (Docket No. 15). It attaches the original proof of service and an amended proof of service, but the amended proof of service says that the document served was the "amended proof of service," not the notice and motion. There is still no proof of service showing that service of the notice and motion were made properly on Idolina Harris and Capital One Auto Finance.


7/21/20 Tentative Ruling:

There really isn't a strong showing (or any showing) by the debtor here.


With respect to the grounds for arguing that the presumption of bad faith under § 362(c)(3) has not arisen or has been overcome, the debtor only asserts generically that he has "been able to recover from the financial hardship" that led to dismissal of the prior case and can meet his plan obligations. This is insufficient for the court to be able to conclude that the debtor's financial condition changed in the five-day period between the two cases such that this case is likely to conclude with a confirmed and fully performed plan.


When the debtor filed the prior case, he claimed income of $6,000/month solely from rental income. He failed to include the required statement itemizing the elements of the rental income (Schedule I, 8a). The debtor identified no unexpired leases.


In the current case, the debtor claimed less income, again $5,000/month solely

11:30 AM

CONT...


George J Rangel


Chapter 13

from rental income and without the required statement showing how net income was calculated. He also again disclosed no unexpired leases.


The debtor asserts in his declaration in support of the motion that dismissal of the prior case was due to a tenant's failure to pay rent. He does not say that the tenant has paid the past-due rent and/or resumed rent payments. He also does not explain why the amount of rental income has decreased. Given that there is no disclosed lease, the court has no way to conclude that this is reliable rental income sufficient to fund a plan for its full term. The debtor evidently has no other source of income.


The debtor's SOFA undermines any claim that he has recovered financially. The SOFA filed in his 2/18/20 case stated that his income year-to-date was $15,000. The SOFA filed on 6/23/20 again states that his year-to-date income was still

$15,000 four months later.


The debtor's generic assertion of "recovery" is insufficient and is rebutted by his own case commencement documents. Unless he is able to present further information regarding his prior financial difficulty and what has changed since the prior case was dismissed (e.g., he claims the difficulty was because a tenant failed to pay rent, but doesn't say that the tenant is now paying rent), the court will have to deny the motion.


Two creditors were clearly not properly served:

Service on Idolina Harris was made at an address other than the one she used on the proof of claim filed in the prior case (and again in the proof of claim filed in this case after this motion was filed).


Service on another secured creditor, Capital One Auto Finance was made on an incomplete address -- it just says "Credit Bureau Dispute, Plano, TX 95025" with no street address or P.O. box. The debtor could easily have used the address given on the proof of claim filed in the prior case.


Party Information

Debtor(s):

George J Rangel Represented By Joshua L Sternberg

11:30 AM

CONT...

Movant(s):


George J Rangel


Chapter 13

George J Rangel Represented By Joshua L Sternberg

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10850


Bradley Jay Herman


Chapter 13


#7.00 HearingRE: [10] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5388 Sterling Center Drive, unit #128 with proof of service.


Docket 10


Tentative Ruling:

Appearances required.


After reviewing the papers, the court doesn't see that the movant has established cause for relief here.


Party Information

Debtor(s):

Bradley Jay Herman Represented By Khachik Akhkashian

Movant(s):

Sterling Center Drive, LLC Represented By Brian Nomi

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10875


Gary Herbert Ast


Chapter 7


#8.00 HearingRE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 3763 Islander Walk, Oxnard, CA with proof of service.


Docket 20


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.

Deny the extraordinary relief requested under paragraphs 7, 9, 10. No cause has been shown.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.

Party Information

Debtor(s):

Gary Herbert Ast Represented By Sara E Razavi

Movant(s):

Cynga, Inc. Represented By

Brian Nomi

11:30 AM

CONT...

Trustee(s):


Gary Herbert Ast


Chapter 7

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10773


Bruce Matthew Burke and Jasmine Jaruda Burke


Chapter 11


#9.00 HearingRE: [35] Motion for Setting Property Value (Farsad, Arasto)


Docket 35


Tentative Ruling:

Deny without prejudice.


While a debtor is entitled to testify as a lay witness regarding a property's value, the court can't overlook the self-serving nature of the debtor's declaration here and obvious shortcomings in the debtor's credibility. The court is also concerned that the purpose of this case is to effectuate a constructive fraudulent transfer of the property.


Perhaps additional evidence can be introduced at a future time to convince the court that there is cause for the requested relief. At a minimum, more credible evidence of value, such as an appraisal, would be needed.

Party Information

Debtor(s):

Bruce Matthew Burke Represented By Arasto Farsad

Joint Debtor(s):

Jasmine Jaruda Burke Represented By Arasto Farsad

Movant(s):

Bruce Matthew Burke Represented By Arasto Farsad Arasto Farsad

Jasmine Jaruda Burke Represented By Arasto Farsad Arasto Farsad

11:30 AM

9:20-10773


Bruce Matthew Burke and Jasmine Jaruda Burke


Chapter 11


#10.00 Status HearingRE: [1] Chapter 11 Voluntary Petition Individual. Jasmine Jaruda Burke (Farsad, Arasto)


Docket 1

Tentative Ruling:

The goal of this case is to transfer real property to the Debtors' daughter for no consideration?

Party Information

Debtor(s):

Bruce Matthew Burke Represented By Arasto Farsad

Joint Debtor(s):

Jasmine Jaruda Burke Represented By Arasto Farsad

11:30 AM

9:20-10554

Community Provider of Enrichment Services, Inc.

Chapter 11

#10.10 Hearing

RE: [253] Motion Pursuant to Section 105(a) of the Bankruptcy Code for an Order Directing that Certain Orders in the Chapter 11 Case of Community Provider of Enrichment Services, Inc. d/b/a CPES Inc., et al. Be Made Applicable to the Additional Debtor's Subsequently Filed Case (Salzman, Ryan)

Docket 253


Tentative Ruling:

The court will handle this matter last, after cal no. 14.

Party Information

Debtor(s):

Community Provider of Enrichment Represented By

Ryan M Salzman

Movant(s):

Community Provider of Enrichment Represented By

Ryan M Salzman Ryan M Salzman Ryan M Salzman

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:18-01057 Corporate Recovery Associates, LLC v. Chen


#11.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01057. Complaint by Corporate Recovery Associates, LLC against Lynn Chen. (Charge To Estate). Complaint to Avoid and Recover Preferential Transfers of Property [11 U.S.C.Sections 547, 550 and 551] Nature of Suit: (12 (Recovery of money/property - 547 preference)) (Levin, Andrew)


FR. 12-19-18, 2-12-19, 3-19-19, 11-13-19, 3-3-20, 5-5-20


Docket 1

*** VACATED *** REASON: Order approving stipulation of dismissal with prejudice was entered on 3/25/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

Lynn Chen Represented By

John P Byrne

Plaintiff(s):

Corporate Recovery Associates, Represented By Robert E Opera Andrew B Levin Joseph M Sholder Felicita A Torres Christian A Orozco

11:30 AM

9:19-10127


Kenneth L. McMahon


Chapter 7

Adv#: 9:19-01046 Kapitus Servicing, Inc., formerly known as Colonia v. McMahon et al


#12.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01046. Complaint by Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc., as servicing agent for Cashio against Kenneth L. McMahon, Jacqueline Lee McMahon. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Harvey, Brian)


FR: 10-29-19, 2-4-20, 4-7-20, 6-16-20


Docket 1

*** VACATED *** REASON: Continued to October 14, 2020 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kenneth L. McMahon Represented By Andrew S Mansfield

Defendant(s):

Kenneth L. McMahon Represented By Christina Vanarelli

Jacqueline Lee McMahon Represented By Christina Vanarelli

Joint Debtor(s):

Jacqueline Lee McMahon Represented By Andrew S Mansfield

Plaintiff(s):

Kapitus Servicing, Inc., formerly Represented By

Brian T Harvey

11:30 AM

CONT...

Trustee(s):


Kenneth L. McMahon


Chapter 7

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-10449


Farshad Fasihi Harandi


Chapter 7

Adv#: 9:19-01035 Harandi v. Harandi


#13.00 HearingRE: [33] Motion to Intervene Notice of Motion and Motion by David Seror, Chapter 7 Trustee, to Intervene as Real Property in Interest; Declaraton of David Seror with Proof of Service (Bagdanov, Jessica)


Docket 33

Tentative Ruling:


The Trustee claims to be entitled to intervention as of right. The Ninth Circuit has adopted a four-part test for intervention as of right under Rule 24(a)(2):


An order granting intervention as of right is appropriate if (1) the applicant's motion is timely; (2) the applicant has asserted an interest relating to the property or transaction which is the subject of the action;

(3) the applicant is so situated that without intervention the disposition may, as a practical matter, impair or impede its ability to protect that interest; and (4) the applicant's interest is not adequately represented by the existing parties.


U.S. ex rel. McGough v. Covington Technologies, 967 F.2d 1391, 1394 (9th Cir. 1992); see also Educational Credit Mgmt. Corp. v. Bernal (In re Bernal), 223 B.R. 542, 547 (B.A.P. 9th Cir. 1998). "Although the party seeking to intervene bears the burden of showing those four elements are met, ‘the requirements for intervention are broadly interpreted in favor of intervention.’" Prete v. Bradbury, 438 F.3d 949, 954 (9th Cir. 2006) (quoting United States v. Alisal Water Corp., 370 F.3d 915, 919 (9th Cir. 2004)). The test is conjunctive, so each of these four requirements must be satisfied. League of Unied Latin Am. Citizens v. Wilson, 131 F.3d 1297, 1302 (9th Cir. 1997).


Assuming the Trustee seeks to intervene as a defendant to this action, he meets the test for intervention as of right. As to the first factor, his application is timely, as he has promptly sought to intervene after being appointed. As to the second factor, the Trustee asserts an interest in the subject of the action – both the effect of the Deed on rights to the Property and the Plaintiff’s claim for postpetition spousal support. As to the third factor, whether the Trustee is so situated that disposition may impair his ability to protect his interest, it’s not entirely clear that the dispute between the Plaintiff and the

11:30 AM

CONT...


Farshad Fasihi Harandi


Chapter 7

Debtor, if disposed of pursuant to the first cause of action, would impair the Trustee’s interest. If the Plaintiff’s position is that she should retain a community property interest, that, the Trustee’s position is that it would change nothing – he would still be entitled to dispose of the Property whether it is the Debtor’s separate property or the community property of the Debtor and the Plaintiff. However, given that the Plaintiff seeks declaratory relief as to the extent of her interest in property of the estate, consistent with the Trustee’s duties as to estate property under § 704, it would be appropriate to allow the Trustee to intervene to protect the estate’s interest in the Property. Finally, as to the fourth factor, the Trustee’s interest is not adequately represented by the existing parties because the Debtor is no longer a debtor-in-possession and does not represent the interests of the estate in the bankruptcy case.


All of the factors for intervention as of right favor allowing the Trustee to intervene as a defendant to this proceeding.

Party Information

Debtor(s):

Farshad Fasihi Harandi Pro Se

Defendant(s):

Farshad Fasihi Harandi Represented By David A Tilem

Movant(s):

David Seror (TR) Represented By Jessica L Bagdanov

Plaintiff(s):

Elizabeth Ann Harandi Represented By Brandon Winston

Trustee(s):

David Seror (TR) Represented By Jessica L Bagdanov

11:30 AM

9:19-10844


Robert J. Phillips


Chapter 7

Adv#: 9:20-01030 Namba v. Phillips


#14.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01030. Complaint by Jerry Namba against Robert

J. Phillips. (Charge To Estate). COMPLAINT AGAINST DEBTOR FOR DENIAL OF DISCHARGE Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Olmstead, Reed)


FR. 5-27-20, 6-10-20


Docket 1

Tentative Ruling:

The plaintiff needs to lodge an order regarding the stipulation to dismiss the adversary proceeding.

Party Information

Debtor(s):

Robert J. Phillips Represented By Matthew D. Resnik

Defendant(s):

Robert J. Phillips Represented By Matthew D. Resnik

Plaintiff(s):

Jerry Namba Represented By

Reed H Olmstead

Trustee(s):

Jerry Namba (TR) Represented By Reed H Olmstead

10:00 AM

9:16-11520


Richard W. York


Chapter 13


#1.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 9-28-17, 11-30-17, 1-25-18, 3-22-18, FR. 5-24-18, 6-21-18, 9-27-18,

1-17-19, 3-21-19, 5-23-19, 6-20-19, 9-19-19, 11-21-19, 2-27-20, 5-21-20


Docket 1

*** VACATED *** REASON: Rescheduled to 10:30 am on today's calendar (#20).

Tentative Ruling:

Ruling for February 27, 2020

Continued to May 21, 2020 at 10:00 a.m.


Ruling for 11/21/19: Continued to 2/27/20.


Ruling for 9/19/19:

Continued to 11/21/19.


Ruling for 6/20/19: Cont. to 9/19/19.


Ruling for May 23, 2019: Cont. to 8/15/19 at 10:00 a.m.


Ruling forMarch 21, 2019

Continued to May 23, 2019


Debtor(s):


Party Information

Richard W. York Represented By Reed H Olmstead Mark Bernsley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:00 AM

9:20-10143


Kamal Baquar and Shannon Baquar


Chapter 13


#2.00 Hearing on Confirmation of Chapter 13 Plan FR. 5-21-20

Docket 1

*** VACATED *** REASON: Rescheduled to 10:30 am on today's calendar (#3).

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kamal Baquar Represented By

Richard Warren Shuben

Joint Debtor(s):

Shannon Baquar Represented By

Richard Warren Shuben

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10019


Lisa Jan Cerrotta


Chapter 13


#1.00 Hearing on Confirmation of Chapter 13 Plan FR. 3-26-20, 6-18-20

Docket 1

*** VACATED *** REASON: Continued to September 17, 2020, at 10:30 a.m.

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Party Information

Debtor(s):

Lisa Jan Cerrotta Represented By Allan S Williams

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10091


Sandra Soto


Chapter 13


#2.00 Hearing on Confirmation of Chapter 13 Plan FR. 4-16-20, 6-18-20

Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sandra Soto Represented By

Randall V Sutter

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10143


Kamal Baquar and Shannon Baquar


Chapter 13


#3.00 Hearing on Confirmation of Chapter 13 Plan FR. 5-21-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kamal Baquar Represented By

Richard Warren Shuben

Joint Debtor(s):

Shannon Baquar Represented By

Richard Warren Shuben

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10342


Jason Isaac Ignacio


Chapter 13


#4.00 Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jason Isaac Ignacio Represented By Nicholas M Wajda

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10365


Don Fitch


Chapter 13


#5.00 Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Don Fitch Represented By

Eric Ridley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10383


Roberto Magno Cerna and Nenita Vidal Cerna


Chapter 13


#6.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Roberto Magno Cerna Represented By

Timothy L McCandless

Joint Debtor(s):

Nenita Vidal Cerna Represented By

Timothy L McCandless

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10413


Humberto M Martinez


Chapter 13


#7.00 Hearing on Confirmation of Chapter 13 Plan FR. 5-21-20, 7-16-20

Docket 11

*** VACATED *** REASON: Continued to September 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Humberto M Martinez Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10448


Robert Barberie


Chapter 13


#8.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Barberie Represented By Patricia Rodriguez Eric Rasmussen

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10474


Herbert David Friedman and Margaret Dawn Friedman


Chapter 13


#9.00 Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Herbert David Friedman Represented By David Joel Follin

Joint Debtor(s):

Margaret Dawn Friedman Represented By David Joel Follin

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10632


Marcelline Affoue Kouamekan


Chapter 13


#10.00 Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Marcelline Affoue Kouamekan Represented By Ali R Nader

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10729


Victoria Lee Bohn


Chapter 13


#11.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Victoria Lee Bohn Represented By Ali R Nader

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10746


Lynda Louise Hinz


Chapter 13


#12.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lynda Louise Hinz Represented By Nicholas M Wajda

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10749


Ann M Markonis


Chapter 13


#13.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ann M Markonis Represented By Michael B Clayton

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10759


Alexandra Dostrow


Chapter 13


#14.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alexandra Dostrow Represented By Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10770


Daniel James Greding


Chapter 13


#15.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to September 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Daniel James Greding Represented By Julie J Villalobos

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10777


Marcia Thompson and Donald Thompson


Chapter 13


#16.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Marcia Thompson Represented By Julie J Villalobos

Joint Debtor(s):

Donald Thompson Represented By Julie J Villalobos

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10798


Gregory Scott Franklin


Chapter 13


#17.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gregory Scott Franklin Represented By Edwin J Rambuski

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10800


Mario Flores-Cevada


Chapter 13


#18.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mario Flores-Cevada Represented By

Leroy Bishop Austin

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10801


Robert Davis Hoshaw


Chapter 13


#19.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Davis Hoshaw Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10801


Robert Davis Hoshaw


Chapter 13


#19.10 Hearing

RE: [17] Motion for Setting Property Value Notice of Motion and Motion for Order Determining Value of Collateral [11 U.S.C. § 506(a), FRBP 3012]: 2012 Honda Accord EX Sedan 4D, with Proof of Service


Docket 17


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Davis Hoshaw Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

Robert Davis Hoshaw Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-11520


Richard W. York


Chapter 13


#20.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 9-28-17, 11-30-17, 1-25-18, 3-22-18, FR. 5-24-18, 6-21-18, 9-27-18,

1-17-19, 3-21-19, 5-23-19, 6-20-19, 9-19-19, 11-21-19, 2-27-20, 5-21-20


Docket 1

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

Ruling for February 27, 2020

Continued to May 21, 2020 at 10:00 a.m.


Ruling for 11/21/19: Continued to 2/27/20.


Ruling for 9/19/19:

Continued to 11/21/19.


Ruling for 6/20/19: Cont. to 9/19/19.


Ruling for May 23, 2019: Cont. to 8/15/19 at 10:00 a.m.


Ruling forMarch 21, 2019

Continued to May 23, 2019


Debtor(s):


Party Information

Richard W. York Represented By Reed H Olmstead Mark Bernsley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10480


Garland Chester and Juliet Chester


Chapter 13


#21.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 1-16-20, 2-27-20, 4-16-20, 6-18-20

Docket 45


Tentative Ruling:

Ruling on January 16, 2020

Continued to February 27, 2020 at 10:00 a.m.


Party Information

Debtor(s):

Garland Chester Represented By Vaughn C Taus

Joint Debtor(s):

Juliet Chester Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11053


Warren Johnson


Chapter 13


#22.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20, 7-16-20


Docket 1

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling for 11/21/19: Continued to 1/16/20.

Party Information

Debtor(s):

Warren Johnson Represented By Nathan Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11087


Robert B. Haight


Chapter 13


#23.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20, 7-16-20


Docket 1

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robert B. Haight Represented By Nicholas S Nassif

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11226


Adriana Elizabeth Velazquez


Chapter 13


#24.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 10-17-19, 11-21-19, 12-19-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20


Docket 1

*** VACATED *** REASON: Continued to September 17, 2020, at 10:30 a.m.

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m. Dtr to file supplemental evidence re: the potential sales of real property by the former mother-in-law by March 12, 2020.


Ruling for December 19, 2019: Continued to 1/16/20.


Ruling for 11/21/19:


Ruling for October 17, 2019: Continued to 11/21/19 at 10:00 a.m.


Party Information

Debtor(s):

Adriana Elizabeth Velazquez Represented By Reed H Olmstead

10:30 AM

CONT...

Trustee(s):


Adriana Elizabeth Velazquez


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11698


Jonathan Bravo


Chapter 13


#25.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 1-16-20, 3-26-20, 6-18-20, 7-16-20

Docket 1


Tentative Ruling:

Ruling for March 26, 2020

Continued to June 18, 2020 at 10:00 a.m.


Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m.


Party Information

Debtor(s):

Jonathan Bravo Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11832


Gabriel C. Estrada


Chapter 13


#26.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 1-16-20, 3-26-20, 4-16-20, 6-18-20

Docket 1


Tentative Ruling:

Ruling for March 26, 2020

Continued to April 16, 2020 at 10:00 a.m. If the Debtor is not current on plan payments and mortgage payments, the Court will dismiss this case.


Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m.

Party Information

Debtor(s):

Gabriel C. Estrada Represented By Nathan Berneman Nathan A Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11880


William E Solomon and Mindy Hibler-Solomon


Chapter 13


#27.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 1-16-20, 2-27-20, 4-16-20, 6-18-20

Docket 1

*** VACATED *** REASON: Order on Debtor's Voluntary Request for dismissal entered on 8/19/20.

Tentative Ruling:

Ruling for February 27, 2020

Continued to April 16, 2020 at 10:00 a.m.


Ruling on January 16, 2020

Continued to February 27, 2020 at 10:00 a.m.


Party Information

Debtor(s):

William E Solomon Represented By Kenneth H J Henjum

Joint Debtor(s):

Mindy Hibler-Solomon Represented By Kenneth H J Henjum

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10045


Steven W. Korth


Chapter 13


#28.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 3-26-20, 5-21-20, 7-16-20

Docket 27


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Steven W. Korth Represented By Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10192


Terry Lane


Chapter 13


#29.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 4-16-20, 6-18-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Terry Lane Represented By

Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10229


Nyla Lee Oyler


Chapter 13


#30.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 4-16-20, 6-18-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nyla Lee Oyler Represented By Ali R Nader

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10237


Annelie K Messina


Chapter 13


#31.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Annelie K Messina Represented By Julie J Villalobos

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10335


Norma Guzman Parra


Chapter 13


#32.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Norma Guzman Parra Represented By

R Grace Rodriguez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10357


Samuel Lawrence Dodd and Jamie Marie Dodd


Chapter 13


#33.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Samuel Lawrence Dodd Represented By Vaughn C Taus

Joint Debtor(s):

Jamie Marie Dodd Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10444


Kevine Wayne Bozarth and Jeri Dawn Bozarth


Chapter 13


#34.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20, 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kevine Wayne Bozarth Represented By Michael B Clayton

Joint Debtor(s):

Jeri Dawn Bozarth Represented By Michael B Clayton

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10479


Heather M. Barreras


Chapter 13


#35.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20, 7-16-20

Docket 24


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Heather M. Barreras Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10490


Mark Alan Hazlewood and Jeannine Hazlewood


Chapter 13


#36.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark Alan Hazlewood Represented By Joshua L Sternberg

Joint Debtor(s):

Jeannine Hazlewood Represented By Joshua L Sternberg

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10543


Steven Phillip Rosen and Renee Terrie Rosen


Chapter 13


#37.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Steven Phillip Rosen Represented By Vicki I Temkin

Joint Debtor(s):

Renee Terrie Rosen Represented By Vicki I Temkin

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10636


Gina J Rea


Chapter 13


#38.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Gina J Rea Represented By

Michael B Clayton

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10647


Carolyn Sue Curtis


Chapter 13


#39.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Carolyn Sue Curtis Represented By Julie J Villalobos

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10656


Richard David Donald


Chapter 13


#40.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1

*** VACATED *** REASON: Continued to September 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard David Donald Represented By Reed H Olmstead

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10681


Edward J. Zemaitis


Chapter 13


#41.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Edward J. Zemaitis Represented By Michael B Clayton

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10684


Raymundo Badillo Flores


Chapter 13


#42.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Raymundo Badillo Flores Represented By Michael B Clayton

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-11392


Marialuisa Izabel Chavarria


Chapter 13


#43.00 Hearing

RE: [62] Trustee's Motion to Dismiss Case Trustee Motion for Order Dismissing Case due to Failure to submit Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 62

*** VACATED *** REASON: Withdrawal of motion filed 8-10-20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Marialuisa Izabel Chavarria Represented By Todd J Mannis

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-11427


Terry R Bailey and Sally J Bailey


Chapter 13


#44.00 Hearing

RE: [65] Trustee's Motion to Dismiss Case Trustee Motion to Dismiss Case for Failure to Submit All Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 65

*** VACATED *** REASON: Motion was withdrawn by trustee on 8/10/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Terry R Bailey Represented By Andrew S Mansfield Matthew D. Resnik

Joint Debtor(s):

Sally J Bailey Represented By

Andrew S Mansfield Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-11629


Lance Darren Milatz


Chapter 13


#45.00 Hearing

RE: [181] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 181

*** VACATED *** REASON: Continued to September 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lance Darren Milatz Represented By

Richard Mark Garber

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-11635


Eric W Robinson and Diane M Robinson


Chapter 13


#46.00 CONT'D Hearing

RE: [78] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 7-16-20


Docket 78

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eric W Robinson Represented By Janet A Lawson

Joint Debtor(s):

Diane M Robinson Represented By Janet A Lawson

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-10453


Mark Torrey


Chapter 13


#47.00 Hearing

RE: [57] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 57

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mark Torrey Represented By

Shawn S White

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-12209


Rocelie Alejo


Chapter 13


#48.00 Hearing

RE: [100] Trustee's Motion to Dismiss Case Trustee Motion for Failure to Submit All Tax Refunds


FR. 6-18-20


Docket 100


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rocelie Alejo Represented By Kevin T Simon

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11646


Christy Garcia


Chapter 13


#49.00 Hearing

RE: [49] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 6-18-20


Docket 49

*** VACATED *** REASON: Withdrawn by Trustee on 7/6/2020 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christy Garcia Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11943


Claudia Nunez


Chapter 13


#50.00 Hearing

RE: [60] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 1-16-20, 3-26-20, 6-18-20


Docket 60

*** VACATED *** REASON: Continued to September 17, 2020, at 10:30 a.m.

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m.


Party Information

Debtor(s):

Claudia Nunez Represented By Andrew S Mansfield Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

CONT...

Trustee(s):


Claudia Nunez


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11607


Jamie Luna and Brandy Marie Luna


Chapter 13


#51.00 Hearing

RE: [44] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20


Docket 44

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Party Information

Debtor(s):

Jamie Luna Represented By

Matthew D. Resnik

Joint Debtor(s):

Brandy Marie Luna Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11626


Scott Rosson


Chapter 13


#52.00 CONT'D Hearing

RE: [91] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20, 7-16-20


Docket 91


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Scott Rosson Represented By

Michael D Kwasigroch

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11670


Melissa Lynn Macneill


Chapter 13


#53.00 Hearing

RE: [62] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 62

*** VACATED *** REASON: Continued to September 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Melissa Lynn Macneill Represented By Joshua L Sternberg

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-12088


Ernest Valle and Christina Valle


Chapter 13


#54.00 Hearing

RE: [38] Trustee's Motion to Dismiss Case Trustee Motion for Order Dismissing Case due to Failure to submit Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 38

*** VACATED *** REASON: Withdrawn by Trustee on 7/15/2020 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ernest Valle Represented By

Karen Ware

Joint Debtor(s):

Christina Valle Represented By Karen Ware

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10060


Cristina Marie Pagan Nowling


Chapter 13


#55.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 4-16-20, 6-18-20


Docket 62

*** VACATED *** REASON: Continued to September 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Cristina Marie Pagan Nowling Represented By Kevin T Simon

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10235


Kristine Marie Stanley


Chapter 13


#56.00 CONT'D Hearing RE: [48] Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 11-21-19, 1-16-20, 3-26-20, 6-18-20


Docket 48


Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m.



Party Information

Debtor(s):

Kristine Marie Stanley Represented By Kevin T Simon

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10263


Chad W. Myers


Chapter 13


#57.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 2-27-20, 4-16-20, 6-18-20


Docket 50


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Chad W. Myers Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10410


Sherilyn Ann Nelson


Chapter 13


#58.00 HearingRE: [25] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sherilyn Ann Nelson Represented By Christian J Younger

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10675


Gilbert Ray De La Mora


Chapter 13


#59.00 Hearing

RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 2-27-20, 4-16-20, 6-18-20


Docket 31


Tentative Ruling:

Ruling for February 27, 2020

Continued to April 16, 2020 at 10:00 a.m.


Party Information

Debtor(s):

Gilbert Ray De La Mora Represented By James C Ames

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10906


Jason Bruce Leaseburg and Melanie Kate Leaseburg


Chapter 13


#60.00 Hearing

RE: [35] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20


Docket 35

*** VACATED *** REASON: Continued to September 17, 2020, at 10:30 a.m.

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Party Information

Debtor(s):

Jason Bruce Leaseburg Represented By Matthew D. Resnik

Joint Debtor(s):

Melanie Kate Leaseburg Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11708


Elizabeth Rivera


Chapter 13


#61.00 HearingRE: [27] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 27


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Elizabeth Rivera Represented By Steven A Alpert

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10978


Timothy Gyle Abels and Laura Kathleen ABELS


Chapter 13


#62.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20


Docket 31

Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.

Party Information

Debtor(s):

Timothy Gyle Abels Represented By Larry D Webb

Joint Debtor(s):

Laura Kathleen ABELS Represented By Larry D Webb

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10978


Timothy Gyle Abels and Laura Kathleen ABELS


Chapter 13


#63.00 HearingRE: [39] Motion 11 USC s1328(b) NOTICE OF MOTION AND MOTION FOR HARDSHIP DISCHARGE AND DECLARATION OF DEBTOR TIMOTHY GYLE ABELS AND ATTORNEY LARRY WEBB IN SUPPORT


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Timothy Gyle Abels Represented By Larry D Webb

Joint Debtor(s):

Laura Kathleen ABELS Represented By Larry D Webb

Movant(s):

Timothy Gyle Abels Represented By Larry D Webb

Laura Kathleen ABELS Represented By Larry D Webb

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10755


Christopher John Sanchez


Chapter 13


#64.00 Hearing

RE: [23] Motion to Avoid Lien JUDICIAL LIEN with Ted Silverberg Notice of Motion and Motion to Avoid Lien Under 11 U.S.C. § 522(f) (Real Property): 2699 North Velarde Drive, Thousand Oaks, CA 91360; Declarations of Christopher John Sanchez and Jennifer Landon in Support Thereof, with Proof of Service


Docket 23

*** VACATED *** REASON: Stipulated order entered on 8-18-20. Hearing continued to Septmeber 17, 2020 at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher John Sanchez Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

Christopher John Sanchez Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10039


Adam Jay Greenberg


Chapter 13


#65.00 HearingRE: [120] Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments with Proof of Service


Docket 120


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Adam Jay Greenberg Represented By Kevin T Simon

Movant(s):

Adam Jay Greenberg Represented By Kevin T Simon Kevin T Simon Kevin T Simon

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11493


Valerie Michelle Romo


Chapter 13


#66.00 CONT'D Hearing

RE: [57] Motion and Notice of Motion TO REINSTATE ORDER AND AUTOMATIC STAY UNDER THE ADEQUATE PREOTCTION AGREEMENT WITH THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR REGISTERED HOLDERS OF CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2005-7 DATED AUGUST 16, 2019, with

Proof of Service


FR. 6-18-20, 7-16-20


Docket 57


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Valerie Michelle Romo Represented By Nathan Berneman

Movant(s):

Valerie Michelle Romo Represented By Nathan Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11271


Albert Maxwell Goldberg


Chapter 13


#67.00 Hearing

RE: [111] Motion to Withdraw as Attorney; Filed by Richard Mark Garber


Docket 111


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Albert Maxwell Goldberg Represented By

Richard Mark Garber

Movant(s):

Albert Maxwell Goldberg Represented By

Richard Mark Garber Richard Mark Garber Richard Mark Garber Richard Mark Garber

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-10709


Maria Teresa Chavez


Chapter 13


#68.00 CONT'D Hearing:

ORDER TO SHOW CAUSE RE: ENTRY OF SECOND DISCHARGE IN THIS CASE


FR. 6-18-20, 7-16-20


Docket 76

*** VACATED *** REASON: Memorandum Decision and Order Regarding Debtor's Discharge entered on 8/14/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Teresa Chavez Represented By Charles W Oaks

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:00-00000 Chapter 0


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1616500238

ZoomGov meeting number: 161 650 0238

Password: 384176

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:17-10021


John Gardener Mahon


Chapter 13


#1.00 CONT'D Hearing

RE: [38] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 295 Monte Via, Oak View, California 93022


FR. 7-21-20


Docket 38

*** VACATED *** REASON: Resolved by Stipulation. Order Granting Motion for Relief entered on 8/24/2020.

Tentative Ruling:

Please update the court on status.

Party Information

Debtor(s):

John Gardener Mahon Represented By Matthew D. Resnik

Movant(s):

U.S. Bank Trust National Represented By Angie M Marth

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11607


Jamie Luna and Brandy Marie Luna


Chapter 13


#2.00 CONT'D Hearing

RE: [49] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 612 Manzanita Dr., Fillmore, CA 93015


FR. 6-23-20


Docket 49

*** VACATED *** REASON: Resolved by Stipulation. Order Granting Motion for Relief entered on 7/23/2020

Tentative Ruling:

If the parties are looking for a continuance of about 60 days, the court has the following options available:


August 25 at 11:30

September 1 at 11:30

September 8 at 11:30


Party Information

Debtor(s):

Jamie Luna Represented By

Matthew D. Resnik

Joint Debtor(s):

Brandy Marie Luna Represented By Matthew D. Resnik

Movant(s):

U.S. Bank Trust National Represented By

Erin M McCartney

11:30 AM

CONT...

Trustee(s):


Jamie Luna and Brandy Marie Luna


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-10694


Roland F. Remigio and Ruby Remigio


Chapter 13


#3.00 Hearing

RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 745 Shorthorn Ct, Paso Robles, CA 93446 .


Docket 44

*** VACATED *** REASON: Withdrawn by movant on 8/24/2020 Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for

hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).

Party Information

Debtor(s):

Roland F. Remigio Represented By Carissa N Horowitz

11:30 AM

CONT...


Roland F. Remigio and Ruby Remigio


Chapter 13

Joint Debtor(s):

Ruby Remigio Represented By Carissa N Horowitz

Movant(s):

Wilmington Savings Fund Society, Represented By

Angie M Marth

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#4.00 HearingRE: [63] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1759 Starpine Way, Simi Valley, CA 93065 with proof of service.


Docket 63


Tentative Ruling:

The Movant has not provided caselaw showing that failure to make postpetition HOA assessment payments constitutes "cause" under § 362(d) (1). The court understands from the motion that the Debtors have only missed two payments of $112 each.

Party Information

Debtor(s):

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Movant(s):

Simi Village Homeowners Represented By

Misty A Perry Isaacson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10842


Brendan J Searls


Chapter 13


#5.00 CONT'D Hearing

RE: [8] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate All Property including 5573 Rushmore Street, Ventura California


FR. 7-28-20


Docket 8


Tentative Ruling:

Service has been corrected.


No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


Grant. Movant to lodge order within seven days.

Party Information

Debtor(s):

Brendan J Searls Represented By Carissa N Horowitz William C Beall

Movant(s):

Brendan J Searls Represented By

11:30 AM

CONT...


Trustee(s):


Brendan J Searls


Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:14-12338


Laurie S. Todt


Chapter 7


#6.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report.

Filed by United States Trustee. (united states trustee (fsy))


Docket 98

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Laurie S. Todt Pro Se

Trustee(s):

Jeremy W. Faith (TR) Represented By

M Douglas Flahaut Aram Ordubegian

11:30 AM

9:20-10065


AIS Construction Company


Chapter 7


#7.00 HearingRE: [76] Motion to compel trustee to abandon interest in property of estate


Docket 76


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


Grant. Movant to lodge order within seven days.

Party Information

Debtor(s):

AIS Construction Company Represented By William E. Winfield

Movant(s):

AIS Construction Company Represented By William E. Winfield

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:18-10544


Maurice Leo Wedell and Susan Elizabeth Wedell


Chapter 11


#8.00 HearingRE: [180] Motion to Modify Plan and Notice Thereof


Docket 180


Tentative Ruling:

The proposed modification runs afoul of section 1129(a)(9)(A).


Can the parties resolve this consensually?

Party Information

Debtor(s):

Maurice Leo Wedell Represented By Leslie A Cohen

Joint Debtor(s):

Susan Elizabeth Wedell Represented By Leslie A Cohen

Movant(s):

Maurice Leo Wedell Represented By Leslie A Cohen Leslie A Cohen

Susan Elizabeth Wedell Represented By Leslie A Cohen

11:30 AM

9:18-10544


Maurice Leo Wedell and Susan Elizabeth Wedell


Chapter 11


#8.10 Post-Confirmation Status Hearing FR. 4-8-20, 4-28-20, 8-4-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maurice Leo Wedell Represented By Leslie A Cohen

Joint Debtor(s):

Susan Elizabeth Wedell Represented By Leslie A Cohen

11:30 AM

9:17-11618


Selfridge Partners, LLC


Chapter 11


#9.00 CONT'D Hearing

RE: [210] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)


FR. 7-21-20


Docket 210


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Selfridge Partners, LLC Represented By William E. Winfield

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:17-11618


Selfridge Partners, LLC


Chapter 11


#10.00 CONT'D Hearing

RE: [156] Application for Compensation - First and Final Application by Resnik Hayes Moradi LLP, Former General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period September 7, 2017 Through April 30, 2019; Declaration of Matthew D. Resnik in Support Thereof, with Proof of Service for Matthew D. Resnik, Debtor's Attorney, Period: 9/7/2017 to 4/30/2019, Fee: $96,786.50, Expenses: $1,913.34.


FR. 12-5-19, 1-7-20, 3-3-20, 5-5-20, 5-18-20, 7-23-20


Docket 156


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Selfridge Partners, LLC Represented By William E. Winfield

Movant(s):

Selfridge Partners, LLC Represented By William E. Winfield

11:30 AM

9:17-11618


Selfridge Partners, LLC


Chapter 11


#11.00 CONT'D Confirmation Hearing

RE: [147] Debtor's Proposed Chapter 11 Plan of Reorganization FR. 1-21-20, 3-3-20, 5-5-20, 5-18-20, 7-23-20


Docket 147


Tentative Ruling:

Please update the court on the status of this case. Are there any ballots accepting the plan?

Party Information

Debtor(s):

Selfridge Partners, LLC Represented By William E. Winfield

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et


#12.00 CONT'D Status Hearing

RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)


FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19

ADVANCED FROM 1-8-20, 1-7-20, 2-4-20, 4-28-20


Docket 156


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

Blue Wolf Capital Partners, LLC Represented By

Christopher O Rivas Howard Steinberg

Blue Wolf Capial Fund II, L.P. Represented By

11:30 AM

CONT...


Channel Technologies Group, LLC


Christopher O Rivas Howard Steinberg


Chapter 11

Gladstone Investment Corporation Represented By

Cheryl S Chang Craig N Haring

Blue Wolf Capital Advisors L.P. Represented By

Christopher O Rivas Howard Steinberg

BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg

CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin

CTS Corporation Represented By Jonathan Boustani Paul J Laurin

Electro Optical Industries Represented By Peter J Benvenutti Tobias S Keller David A Taylor

Duff & Phelps Represented By Christopher O Rivas

CIT BANK, N.A. Pro Se

Plaintiff(s):

Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#13.00 CONTD. Hearing

RE: [132] Notice of Motion and Motion for Award of Attorney Fees and Costs as Prevailing Party on Expungement with Proof of Service.


FR. 4-22-20, 6-23-20


Docket 132

*** VACATED *** REASON: Withdrawn by movant on 8-11-2020 Tentative Ruling:

More briefing is needed on whether the doctrine of quasi-judicial immunity

bars an award of attorney's fees and costs.


The Committee seems to intend to argue for quasi-judicial immunity when it raises the Barton doctrine in opposition to the Motion. The Barton doctrine is a jurisdictional matter and requires that "a party must first obtain leave of the bankruptcy court before it initiates an action in another forum against a bankruptcy trustee or other officer appointed by the bankruptcy court for acts done in the officer’s official capacity." Beck v. Fort James Corp. (In re Crown Vantage, Inc.), 421 F.3d 963, 970 (9th Cir. 2005). If required leave is not sought from the bankruptcy court, the other forum lacks jurisdiction to hear the action. Id. at 971. Part of the rationale behind the Barton doctrine in bankruptcy is that the bankruptcy court has in rem subject matter jurisdiction over estate property, and an unauthorized suit would usurp the powers of the bankruptcy court. See Id. at 970-71 (citing Barton v. Barbour, 104 U.S. 126, 127 (1881)). Here, there is no other forum, so the Barton doctrine has no application to the Motion. As the Defendants note, the Committee makes no argument that leave of the court was required before the Motion was filed.

Such a claim would make no sense because this is the appointing court.


Closely linked to the Barton doctrine is the concept of quasi-judicial immunity, which, rather than Barton, seems to be what the Committee means to invoke. Whether a not a party would have quasi-judicial immunity is one of the factors a court considers in deciding whether to apply the Barton doctrine. "A non- judicial officer is entitled to quasi-judicial immunity if: (1) the individual has,

11:30 AM

CONT...


Rajysan, Inc.


Chapter 11

under common law, been afforded immunity and the public interest behind it supports such immunity; and (2) the individual’s function is within the scope of that immunity." Mortgages Ltd., 2013 WL 1336830, at *5 (citing Antoine v.

Byers & Anderson, 508 U.S. 429 (1993) and Curry v. Castillo (In re Castillo), 297 F.3d 940, 946-47 (9th Cir. 2002)). The first issue is uncontroversial – as the Committee notes, creditors’ committee have been found to be covered by quasi-judicial immunity. See, e.g., Blixseth v. Brown (In re Yellowstone Mountain Club, LLC), 840 F.3d 1090. 1095 (9th Cir. 2016) (applying the Barton doctrine to a committee chair, which would have to be based on the factor for application of the Barton doctrine that asks whether the officer is entitled to quasi-judicial or derived judicial immunity). The Defendants do not appear to dispute that, if quasi-judicial immunity would apply to this factual context, it would not extend to the Committee specifically.


The Committee’s Opposition falls short, however, of establishing that quasi- judicial immunity bars an award of prevailing party fees and costs, whether specifically under CCP § 405.38 or otherwise. The Opposition merely argues for the existence of quasi-judicial immunity in the bankruptcy context and its extension to the Committee. The Opposition does not address the elements a court must consider in determining whether quasi-judicial immunity applies, including whether: "(1) their acts were within the scope of their authority; (2) the debtor had notice of their proposed acts; (3) they candidly disclosed their proposed acts to the bankruptcy court; and (4) the bankruptcy court approved their acts." Harris v. Wittman (In re Harris), 590 F.3d 730, 742 (9th Cir. 2009) (citing Bennett v. Williams, 892 F.2d 822, 823, 825 (9th Cir. 1989)).

The Defendants cite In re Ybarra, 424 F.3d 1018 (9th Cir. 2005), and In re Taggart, 888 F.3d 438 (9th Cir. 2018), in response to the quasi-judicial immunity argument, but neither case is analogous to this case. The issue before the Ybarra court was whether the litigation had been "continuous litigation" as opposed to litigation commenced postpetition. Ybarra, 424 F.3d at 1026-27. The Defendants provide no explanation of how this discharge question applies to a quasi-judicial immunity analysis. And Taggart also addresses a discharge issue, not quasi-judicial immunity. Moreover, Taggart has been reversed and remanded by the Supreme Court (as the Defendants note in their brief).

The Defendants cite no authority for their claim that quasi-judicial immunity

11:30 AM

CONT...


Rajysan, Inc.


Chapter 11

should not bar an award because the "same reasoning would apply to a sanction award under Rule 11" and therefore "plaintiff trustee, debtors and committees in bankruptcy cases could assert frivolous positions under the protection of quasi-judicial immunity." It does not necessarily follow from extension of immunity here that such immunity would extend to conduct as extreme as that which would lead to Rule 11 sanctions. First, the Defendants make no claim that a lis pendens ultimately expunged under the rigorous standard for lis pendens under California law is conduct of the same quality as a Rule 11 violation or other sanctionable conduct. Second, there are limitations on the scope of quasi-judicial immunity. The BAP has held that a bankruptcy appointee "is allowed to make reasonable mistakes where discretion is allowed," but "may be sued for intentional or negligent actions which amount to violations of the duties imposed upon the [appointee] by law." Kashani v. Fulton (In re Kashani), 190 B.R. 875, 883 (B.A.P. 9th Cir.

1995).


At this point, the parties have not presented any clearly relevant and binding or persuasive authority on the question of whether quasi-judicial immunity protects a bankruptcy appointee from an adverse party’s claim of prevailing party attorney’s fees for postpetition litigation. Without authority from either the Defendants or the Committee, the court isn't in a position to rule on this motion.


Please have a schedule in mind for supplemental briefing.


Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Gurpreet Sahani Represented By Lewis R Landau

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By

11:30 AM

CONT...


Rajysan, Inc.


Lewis R Landau


Chapter 11

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Movant(s):

Gurpreet Sahani Represented By Lewis R Landau

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Chad V Haes

D Edward Hays Tinho Mang

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01069 Itkin v. ELO et al


#14.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01069. Complaint by Robbin L Itkin against ELO, 3E EIGHT LLC, 3E ONE LLC, MIAMI SUPERCAR ROOMS, ELO

TRUSTEES LTD.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)


FR. 3-24-20, 6-30-20


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Meeting ID: 160 179 3090

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Meeting ID: 160 179 3090

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Docket 1

Tentative Ruling:

- NONE LISTED -

11:30 AM

CONT...


Debtor(s):


Bikram's Yoga College of India LP, a limited

Party Information


Chapter 11

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

ELO Pro Se

3E EIGHT LLC Pro Se

3E ONE LLC Pro Se

MIAMI SUPERCAR ROOMS Pro Se

ELO TRUSTEES LTD. Pro Se

Plaintiff(s):

Robbin L Itkin Represented By David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01070 Itkin v. Shigenaga et al


#15.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01070. Complaint by Robbin L Itkin against Monica Shigenaga, COCOJOR HAWAII, LLC, JADOO, LLC. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


FR. 3-24-20, 6-13-20, 7-13-20


*******

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Join by Computer

Meeting URL: https://cacb.zoomgov.com/j/1602302770


Meeting ID: 160 230 2770

Password: 791334


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Meeting ID: 160 230 2770

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AND


Status Hearing

                       RE: [13] Counterclaim by Shigenega Shigenaga, et al against Robbin L Itkin        

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited


Chapter 11


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Monica Shigenaga Pro Se

COCOJOR HAWAII, LLC Pro Se

JADOO, LLC Pro Se

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01072 Itkin v. Choudhury


#16.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01072. Complaint by Robbin L Itkin against Lajwanti Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit

8-9 # 9 Exhibit 10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


FR. 3-24-20, 6-30-20


*******

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Meeting URL: https://cacb.zoomgov.com/j/1601793090


Meeting ID: 160 179 3090

Password: 507177


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Meeting ID: 160 179 3090

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Docket 1

Tentative Ruling:

11:30 AM

CONT...

Bikram's Yoga College of India LP, a limited

Chapter 11

- NONE LISTED -

Debtor(s):

Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Lajwanti Choudhury Pro Se

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01073 Itkin v. Choudhury


#17.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01073. Complaint by Robbin L Itkin against Anurag Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit

8-10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


FR. 3-24-20, 6-30-20


*******

All appearances for the June 30, 2020 calendar will be via Zoom and not via Court Call. All parties participating in these hearings may connect from the zoom link listed below. This service is free of charge. You may participate using a computer or telephone.


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Meeting URL: https://cacb.zoomgov.com/j/1601793090


Meeting ID: 160 179 3090

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Meeting ID: 160 179 3090

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Docket 1

Tentative Ruling:

11:30 AM

CONT...

Bikram's Yoga College of India LP, a limited

Chapter 11

- NONE LISTED -

Debtor(s):

Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Anurag Choudhury Pro Se

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01074 Itkin v. Choudhury et al


#18.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01074. Complaint by Robbin L Itkin against Rajashree Choudhury, The Rajashree Choudhury Family Trust Dated March 1, 2016. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3

# 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


FR. 3-24-20, 6-30-20


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Meeting ID: 160 179 3090

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Meeting ID: 160 179 3090

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Docket 1

11:30 AM

CONT...

Bikram's Yoga College of India LP, a limited

Chapter 11

Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Rajashree Choudhury Pro Se

The Rajashree Choudhury Family Pro Se

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 11

Adv#: 9:19-01075 Itkin v. Choudhury


#19.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01075. Complaint by Robbin L Itkin against Bikram Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8

# 9 Exhibit 9 # 10 Exhibit 10 # 11 Exhibit 11 # 12 Exhibit 12 # 13 Exhibit 13 # 14

Exhibit 14 # 15 Exhibit 15) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


FR. 3-24-20, 6-30-20


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Meeting URL: https://cacb.zoomgov.com/j/1601793090


Meeting ID: 160 179 3090

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Docket 1

11:30 AM

CONT...

Bikram's Yoga College of India LP, a limited

Chapter 11

Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Bikram Choudhury Pro Se

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:18-10785


Charles Ardeil Hamm, II


Chapter 7

Adv#: 9:18-01045 Burcar et al v. Hamm, II


#20.00 HearingRE: [185] Motion To Stay Pending Appeal (related documents 154 Notice of Appeal and Statement of Election (Official Form 417A))


Docket 185

Tentative Ruling:

Matters on the general calendar are heard for 15 minutes. Each side has 7.5 minutes. The court will hear from the movant first, then the opposing party, and will give the movant an additional 2 minutes to respond to anything if he believes that is necessary.

Party Information

Debtor(s):

Charles Ardeil Hamm II Pro Se

Defendant(s):

Charles Ardeil Hamm II Pro Se

Movant(s):

Charles Ardeil Hamm II Pro Se

Charles Ardeil Hamm II Pro Se

Charles Ardeil Hamm II Pro Se

Plaintiff(s):

Shanna Burcar Represented By Jeffrey Belton

John C. Barlow Represented By Jeffrey Belton

Nancy Barlow Represented By Jeffrey Belton

11:30 AM

CONT...

Trustee(s):


Charles Ardeil Hamm, II


Chapter 7

Jerry Namba (TR) Pro Se

11:30 AM

9:19-10845


Aurea Chavez Navarrete


Chapter 7

Adv#: 9:20-01010 Namba v. Vazquez


#21.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01010. Complaint by Jerry Namba against Miguel Vazquez. (Charge To Estate). COMPLAINT TO DETERMINE BANKRUPTCY ESTATES INTEREST IN REAL PROPERTY; FOR SALE OF REAL PROPERTY FREE AND CLEAR OF INTERESTS OF CO-OWNER Nature

of Suit: (91 (Declaratory judgment)),(31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Olmstead, Reed)


FR. 3-24-20, 4-28-20


Docket 1

*** VACATED *** REASON: Case was dismissed on 7/20/20 .

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Aurea Chavez Navarrete Represented By Charles W Oaks

Defendant(s):

Miguel Vazquez Represented By Charles W Oaks

Plaintiff(s):

Jerry Namba Represented By

Reed H Olmstead

Trustee(s):

Jerry Namba (TR) Represented By Reed H Olmstead

11:30 AM

9:19-11016


Andrea Bowen-Gardner


Chapter 7

Adv#: 9:19-01052 Colebrook et al v. Bowen Gardner et al


#22.00 Hearing

RE: [28] Motion (for Joinder of Additional Parties) (Rust, Kam)


Docket 28

*** VACATED *** REASON: Order resolving the matter was entered on 8/24/20.

Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCES FOR 8/25/20. This matter will be taken off calendar.


The court will prepare and enter an appropriate order.

Party Information

Debtor(s):

Andrea Bowen-Gardner Pro Se

Defendant(s):

Andrea Bowen Gardner Pro Se

Philip Gardner Pro Se

Joint Debtor(s):

Philip Gardner Pro Se

11:30 AM

CONT...

Movant(s):


Andrea Bowen-Gardner


Chapter 7

Teena Colebrook Pro Se

Plaintiff(s):

Colleen Craig Pro Se

Kevin Rock Pro Se

Richard Viar Pro Se

Teena Colebrook Pro Se

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11766


Joshua Michael Luster


Chapter 7

Adv#: 9:20-01015 Atkinson v. Luster et al


#23.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01015. Complaint by Dora Atkinson against Joshua Michael Luster, Katherine Michelle Luster, Luster Construction, Hudson Insurance Company, Gary Luster, and DOES 1-10. willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Kwasigroch, Michael)

FR. 4-13-20, 5-18-20


AND

Status Hearing

RE: [6] Counterclaim by Joshua Michael Luster, Katherine Michelle Luster against Michael Kwasigroch, Dora Atkinson (Faucher, John)


Docket 6

*** VACATED *** REASON: Continued to October 13, 2020 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joshua Michael Luster Represented By John D Faucher

Defendant(s):

Joshua Michael Luster Represented By John D Faucher

Katherine Michelle Luster Represented By John D Faucher

Luster Construction Services Corp. Pro Se DOES 1-10 Pro Se

11:30 AM

CONT...


Joshua Michael Luster


Chapter 7

Joint Debtor(s):

Katherine Michelle Luster Represented By John D Faucher

Plaintiff(s):

Dora Atkinson Represented By

Michael D Kwasigroch

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11768


Kevin B. Gilgallon


Chapter 7

Adv#: 9:20-01026 Faith v. Reed


#24.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01026. Complaint by Jeremy Faith against Kimberly Reed. (Charge To Estate). Complaint: (1) To Avoid Preferential Transfers Pursuant to 11 U.S.C. § 547; (2) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(A); (3) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(B); (4) For Recovery of Avoided Transfers Under 11

U.S.C. § 550; (5) To Preserve Transfer for the Benefit of the Estate Pursuant to 11 U.S.C. § 551, (6) For Authorization to Sell Real Property in Which Co- Owner Holds Interest Pursuant to 11 U.S.C. § 363(h); and (7) For Turnover of Property of the Estate (with Proof of Service) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(31 (Approval of sale of property of estate and of a co- owner - 363(h))),(11 (Recovery of money/property - 542 turnover of property)) (Goodrich, David)


FR. 5-5-20, 7-21-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kevin B. Gilgallon Represented By Karen Ware

Defendant(s):

Kimberly Reed Pro Se

Plaintiff(s):

Jeremy Faith Represented By

David M Goodrich

11:30 AM

CONT...

Trustee(s):


Kevin B. Gilgallon


Chapter 7

Jeremy W. Faith (TR) Represented By David M Goodrich

11:30 AM

9:20-10111


Kiki Leigh Scheiblauer


Chapter 7

Adv#: 9:20-01037 Griffith & Thornburgh, LLP et al v. Scheiblauer


#25.00 Status HearingRE: [1] Adversary case 9:20-ap-01037. Complaint by Griffith & Thornburgh, LLP, Paul Capritto against Kiki Leigh Scheiblauer. false pretenses, false representation, actual fraud)) (Torres, Felicita)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kiki Leigh Scheiblauer Pro Se

Defendant(s):

Kiki Leigh Scheiblauer Pro Se

Plaintiff(s):

Griffith & Thornburgh, LLP Represented By Felicita A Torres

Paul Capritto Represented By

Felicita A Torres

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10255


Derrick Mackinga


Chapter 7

Adv#: 9:20-01034 Credit 9 Inc v. Mackinga


#26.00 Show Cause HearingRE: [1] Adversary case 9:20-ap-01034. Complaint by Credit 9 Inc against Derrick Mackinga. false pretenses, false representation, actual fraud)) (Hutchinson, George)


Docket 1


Tentative Ruling:

At the initial status conference, the plaintiff failed to appear, and the plaintiff has still failed to file proof of service of the summons and the complaint on the defendant.

In response to the plaintiff's failure to prosecute this adversary proceeding, the court issued an order to show cause ("OSC") that required the plaintiff to appear at the OSC hearing and show cause why this case should not be dismissed. The OSC also required the plaintiff to file a response to the OSC at least 14 days before the hearing, or by 8/11/20. The OSC stated that failure to comply with the order may lead to dismissal of the case.

As of 8/24/20 at 3:08 p.m., the plaintiff has failed to file a response to the OSC. The court will enter an order dismissing this case for failure to prosecute.

Party Information

Debtor(s):

Derrick Mackinga Represented By Meghann A Triplett

Defendant(s):

Derrick Mackinga Pro Se

Plaintiff(s):

Credit 9 Inc Represented By

George C Hutchinson

11:30 AM

CONT...

Trustee(s):


Derrick Mackinga


Chapter 7

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10359


Clayton Dow Hunt


Chapter 7

Adv#: 9:20-01036 MARTINEZ v. Hunt


#27.00 Status HearingRE: [1] Adversary case 9:20-ap-01036. Complaint by JEREMY MARTINEZ, Clayton Dow Hunt against Clayton Dow Hunt. willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (Ring, Michael)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Clayton Dow Hunt Represented By Reed H Olmstead

Defendant(s):

Clayton Dow Hunt Represented By Reed H Olmstead

Joint Debtor(s):

Autumn Sweetsage Hunt Represented By Reed H Olmstead

Plaintiff(s):

JEREMY MARTINEZ Represented By Michael P Ring

Trustee(s):

Sandra McBeth (TR) Pro Se

11:00 AM

2: -


ZOOM HEARING INSTRUCTIONS


Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/

ZoomGov meeting number: 161 177 9623


Password: 659238

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666


Docket 0


Tentative Ruling:

- NONE LISTED -

11:00 AM

1:20-11202


Hilary Taylor Johnson


Chapter 11


#1.00 Status Conference re Chapter 11 Voluntary Petition Individual.


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Hilary Taylor Johnson Represented By Onyinye N Anyama

Movant(s):

Hilary Taylor Johnson Represented By Onyinye N Anyama

11:00 AM

1:20-11205


Mokhim Rasooli


Chapter 11


#2.00 Hearing RE: [18] U.S. Trustee Motion to dismiss or convert Case;


Docket 18

*** VACATED *** REASON: Continued by Stip. to 9/9/20 at 11:30AM; Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mokhim Rasooli Pro Se

11:00 AM

1:20-11205

Mokhim Rasooli

Chapter 11

#3.00 Chapter 11 Scheduling and Case Management Conference

Docket 5

*** VACATED *** REASON: Continued by Stip. to 9/9/20 at 11:30AM; Tentative Ruling:


Debtor(s):


Party Information

Valley Economic Development Represented By Ron Bender Jeffrey S Kwong Eve H Karasik

Krikor J Meshefejian Lindsey L Smith

11:00 AM

1:20-10677


Malibu California Model Drug Treatment Center, Inc


Chapter 11


#6.00 Hearing RE: [75] First And Final Application Of Mark M. Sharf, Subchapter V Trustee, For The Period From March 25, 2020 Through August 3, 2020; Fee:

$21,163.75, Expenses: $73.75.


Docket 75

Tentative Ruling:


The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

GRANT all relief requested. The application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Malibu California Model Drug Represented By

Michael H Raichelson

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

1:20-10677


Malibu California Model Drug Treatment Center, Inc


Chapter 11


#7.00 Hearing RE: [80] First and Final Application by Patient Care Ombudsman for Allowance of Fees for the Period April 17, 2020 Through August 4, 2020; Period: 4/17/2020 to 8/4/2020, Fee: $6,000.00, Expenses: $0.00.


Docket 80

Tentative Ruling:


The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

GRANT all relief requested. The application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Malibu California Model Drug Represented By

Michael H Raichelson

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

1:20-10677


Malibu California Model Drug Treatment Center, Inc


Chapter 11


#8.00 Hearing RE: [84] Application for Compensation by General Bankruptcy Counsel the Law Offices with Michael H. Raichelson Period: 3/23/2020 to 8/5/2020, Fee:

$22127.50, Expenses: $759.80.


Docket 84

Tentative Ruling:


The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

GRANT all relief requested. The application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Malibu California Model Drug Represented By

Michael H Raichelson

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

1:20-10677


Malibu California Model Drug Treatment Center, Inc


Chapter 11


#9.00 Confirmation Hearing RE: [65] Chapter 11 Small Business Plan 1 Chapter 11 Voluntary Petition Non-Individual. Inc.


Docket 65


Tentative Ruling:

Please address the trustee's limited objection.

Party Information

Debtor(s):

Malibu California Model Drug Represented By

Michael H Raichelson

Trustee(s):

Mark M Sharf (TR) Pro Se

11:00 AM

1:19-11924


01 BH Partnership


Chapter 11


#10.00 Contd. Hearing RE: [42] Motion for approval of chapter 11 disclosure statement


fr. 1-7-20, 1-8-20,3-10-20, 4-29-20

Fr. 7-1-20


Docket 42

*** VACATED *** REASON: Rescheduled by the court to 9/3/20 at 11:30 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:00 AM

1:19-11924


01 BH Partnership


Chapter 11


#11.00 CONTD. Hearing RE: [52] Motion for Setting Property Value (Corrected Motion)


fr. 1-8-20,3-10-20, 4-29-20

Fr. 7-1-20


Docket 52

*** VACATED *** REASON: Rescheduled by the court to 9/3/20 at 11:30 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:00 AM

1:19-11924


01 BH Partnership


Chapter 11


#12.00 CONTD. Hearing RE: [29] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1001 North Beverly Glenn Blvd,

Los Angeles, CA 90077


fr. 11-20-19, 1-7-20, 1-8-20

fr. 3-10-20, 4-29-20

Fr. 7-1-20


Docket 29

*** VACATED *** REASON: Rescheduled by the court to 9/3/20 at 11:30 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

DEUTSCHE BANK NATIONAL Represented By

Nathan F Smith

11:00 AM

1:19-11924


01 BH Partnership


Chapter 11


#13.00 CONT'D. Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual.


fr.9-10-19, 11-6-19, 11-20-19

fr. 1-7-20, 1-8-20,3-10-20

fr. 4-29-20

Fr. 7-1-20


Docket 1

*** VACATED *** REASON: Rescheduled by the court to 9/3/20 at 11:30 AM

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

9: - Chapter


#0.00 *******

All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1611227609

ZoomGov meeting number: 161 122 7609

Password: 761618

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:19-11367


Minette Francine Parmentier-Castell


Chapter 13


#1.00 HearingRE: [51] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2014 MINI Countryman Cooper S Hatchback 4D . (Johnson, Marjorie)


Docket 51


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Minette Francine Parmentier-Castell Represented By

Matthew D. Resnik

Movant(s):

BMW Bank of North America Represented By Marjorie M Johnson

11:30 AM

CONT...

Trustee(s):


Minette Francine Parmentier-Castell


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10003


Grant H Macgregor and Cecily B Macgregor


Chapter 13


#2.00 HearingRE: [35] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Nissan Rogue with Proof of Service. (Martinez, Kirsten)


Docket 35


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Grant H Macgregor Represented By Karen L Grant

Joint Debtor(s):

Cecily B Macgregor Represented By Karen L Grant

11:30 AM

CONT...

Movant(s):


Grant H Macgregor and Cecily B Macgregor


Chapter 13

Nissan-Infiniti Lease Trust, as Represented By Austin P Nagel Kirsten Martinez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11087


Robert B. Haight


Chapter 13


#2.10 CONT'D Hearing

RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 20458 Pacific Coast Highway, Malibu, CA 90265 with Exhibits "A" through "B" and Proof of Service of Document.


FR. 8-16-19, 9-18-19, 10-16-19, 12-4-19, 1-29-20, 2-26-20, 3-25-20, 6-1-20,

8-4-20, 8-18-20


Docket 20

Tentative Ruling:


September 1, 2020

The court needs an order on the parties' stipulation.


August 18, 2020


This matter has been continued many times. The court has a final ruling to grant the real property motion for relief.


May 28, 2020

The motion is unopposed and shows cause under section 362(d)(1) for the requested relief. Grant unless the debtor has evidence that he is current or the parties have agreed to an APO.


Ruling for March 25, 2020

Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.

11:30 AM

CONT...


Robert B. Haight


Chapter 13


Ruling for February 26, 2020

Continued to March 25, 2020 at 10:30. Movant to file and serve notice.

Party Information

Debtor(s):

Robert B. Haight Represented By Nicholas S Nassif

Movant(s):

DJ Development,LLC Represented By Abel Ortiz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:16-12209


Rocelie Alejo


Chapter 13


#3.00 ORDER TO SHOW CAUSE WHY COUNSEL SHOULD NOT BE SANCTIONED


Docket 108

Tentative Ruling:


On 7/6/20, Kevin Simon ("Counsel"), counsel for debtor Rocelie Alejo (the "Debtor") filed an application for supplemental fees and expenses in this chapter 13 case (the "Application," Docket No. 105). The Application seeks hourly billed fees for Counsel and other professionals of $925.00 and expenses of $10.23 incurred in connection with a motion by the chapter 13 trustee to dismiss this case.


The Application drew the court’s attention in part because of a pattern of apparently misused debtor signatures on supplemental fee applications filed by Counsel in other cases. In at least two other cases, Counsel has submitted multiple applications with the exact same signatures of his clients, but with those signatures redated. In the chapter 13 case of Abdul Farid Azimi (9:19-bk-11837-DS), supplemental fee applications were filed with identical signatures of Mr. Azimi (Azimi Docket Nos. 35 and 39). The court had no reason to suspect the first signature of Mr. Azimi had been redated but noticed the redated signature when Counsel lodged an order on the later application. On May 12, 2020, the court rejected the order lodged on the later application, noting that it appeared the same signature had been redated and reused, and required a new declaration of Mr. Azimi in support of the later application.


The day after the Azimi order was rejected by the court, Counsel lodged an order on another supplemental fee application in the chapter 13 case of Cristina Marie Pagan Nowling (9:19-bk-10060-DS). As in the Azimi case, Counsel had filed two supplemental fee applications, and when he lodged an order on the later one, and the court having already noticed the redated signature used in the Azimi case, the court noticed that the signature of Ms. Nowling also appeared to have been redated. The court also noticed that the date lines on all four recent fee applications in the Azimi and Nowling

11:30 AM

CONT...


Rocelie Alejo


Chapter 13

cases were completed in the same handwriting. On May 13, 2020, the court rejected the order on the later application in the Nowling case, again requiring a new declaration of the Debtor in support of the application. The court also advised that if Counsel continued use of improper debtor signatures, it would issue an order to show cause why Counsel should not be sanctioned.

In still another case, filed by debtor Josef Obermeier (9:20-bk-10204- DS), Counsel filed an application for supplemental fees with a declaration obviously dated by someone other than the debtor, in handwriting that matches that used for the dates on the four declarations in the Azimi and Nowling cases (Obermeier Docket No. 36). However, Counsel did not lodge an order on the Obermeier application until after his orders in the Azimi and Nowling cases had been rejected. Apparently in light of those rejections, on 5/18/20, counsel filed a different declaration of the debtor (Obermeier Docket No. 39) and then lodged an order on the application. The application was approved based on the second declaration. The Obermeir case is not mentioned in the OSC.

In this case, the Application bears the Debtor’s signature, with a typed date above it of 7/6/20. A close look at the Application shows that the signature is reproduced, and the date appears to have been added electronically later. In addition to that issue, the Application is signed by Counsel below the Debtor's signature with a date of 6/26/20, so counsel signed a certification regarding the foregoing information when the Debtor’s declaration section was blank, and added the Debtor’s signature and date after the Application was signed by counsel.


For these reasons, the court issued the an "Order to Show Cause Why Counsel Should Not Be Sanctioned" (the "OSC," Docket No. 108), requiring Counsel to appear and explain why Counsel should not be sanctioned in an amount up to $1,000 for filing the Application with an incorrect or later-applied date for the Debtor’s signature.


Counsel's written response states that it is the practice of Counsel’s office for preparation of supplemental fee applications is that they are prepared by an employee and sent to counsel for review. The Application here was prepared on or about 6/26/20 and sent to Counsel for review. The applications are dated with the date they are remotely prepared for office

11:30 AM

CONT...


Rocelie Alejo


Chapter 13

efficiency, as the office is functioning remotely due to COVID-19. This reduces printing and scanning.


Once applications are reviewed by Counsel, they are emailed to debtors for signature by Leda Lopez, an employee of Counsel. Ms. Lopez also calls the debtors regarding the applications to explain the fees and ask if they have questions. Pursuant to this practice, Counsel reviewed the Application and Ms. Lopez emailed it to the Debtor on 7/6/20. Ms. Lopez then called Ms. Alejo.


Typically, debtors review the applications, sign them, and return them.

Here, the Debtor reviewed, signed, and returned the Application on 7/6/20. Once the applications are returned by debtors, they are reviewed to make sure the declaration was filled out completely. If the debtors failed to date or to write in the city/state where the document was signed, the information is filled in by Counsel’s office based on the date the document was returned and the debtor’s place of residence. Then the document is finalized and filed with the court.


The Application here was received from the Debtor on 7/6/20 signed but with no date or city/state portion filled in. The Debtor assumed that Counsel’s office would fill out the form with any necessary additional information. Because the Debtor returned the signature by email, Ms. Lopez dated the document with the date it was received and the location of the Debtor’s residence. This was done for efficiency and the Debtor’s convenience.

Counsel's response was supported by declarations from Counsel, the Debtor, and Ms. Lopez testifying to the facts set forth therein.

Given the pattern the court has observed in the Azimi, Nowling, and Obermeier cases and in this case, it is difficult to accept Counsel’s version of events in which the Debtor merely left the date and location of her signature to be completed by Counsel’s office. That would certainly not explain why all of Counsel’s clients appear to make the same mistake, and definitely would not explain what appears to be the reuse and redating of signatures in the Azimi and Nowling cases. However, the court has no evidence to refute the declarations now made by Counsel, Ms. Lopez, and the Debtor regarding

11:30 AM

CONT...


Rocelie Alejo


Chapter 13

how events unfolded with respect to the Application in this case.


Accepting as true Counsel’s account of how the Application was prepared, his response to the OSC raises concerns and demonstrates his failure to comply with the FRBP, the LBR, and the Judicial Code in the name of "efficiency" and "convenience." See Fed. R. Bankr. P. 9011; LBR 9011-1; 28 U.S.C. § 1746.


Efficiency and convenience of Counsel’s office operations, even in light of the COVID-19 pandemic, do not justify failure to comply with applicable law and rules. The court, through General Orders issued by the Chief Judge as well as individual procedures issued by this judge and others, recognizes the difficulties faced by parties and counsel at this time and has made every effort to ensure that appearing before the court and filing documents can be accomplished as safely and efficiently as possible while still complying with applicable law and rules. These procedures all inform counsel and parties that they are free to contact the court with any concerns and requests for other accomodations. When there are real impacts of the pandemic on how people live and work and appear before the court, it's disheartening to see the pandemic used as an excuse for failing to comply with law and rules that can be followed without problem (and indeed are followed by nearly all others) even in this extraordinary time.


It is not appropriate for Counsel to complete the declaration portion of a supplemental fee application with information not provided by the debtor, regardless of whether that would be more convenient for the debtor. Since Counsel states that his office emails and also calls debtors with respect to each application, there is no reason why both the email and the phone call cannot include instructions to each debtor to be sure to complete the date and location on which the declaration was executed. Pursuant to 28 U.S.C. § 1746, a declaration is to be subscribed and dated by the declarant. It is troubling that Counsel explains, as if it is correct, that if a declaration of a debtor is not dated or the location line is left blank, that Counsel’s office will simply complete it with the date the form was returned and the location of the debtor’s residence – that information may well be incorrect.

It is also not appropriate for someone other than Counsel in Counsel’s office to apply a date and Counsel’s electronic signature to incomplete

11:30 AM

CONT...


Rocelie Alejo


Chapter 13

documents and to documents that have not yet been reviewed by Counsel or the client. Here, Counsel explains that the Application is dated 6/26/20, before the Debtor’s signature above Counsel’s certification that everything above it is true and correct, because it is dated and counsel’s signature applied by an employee before it is reviewed by Counsel or the client. How could Counsel have certified the accuracy on 6/26/20 of a document that was incomplete, and how could Counsel’s signature by e-filing the document (pursuant to LBR 9011-1) later be accurate when he represents to the court that the Application was true and correct as of 6/26/20, when the Debtor’s signature was blank as of that date?


If Counsel isn't able to comply with applicable law and rules during the COVID-19 pandemic, perhaps counsel needs to assign pending matters to another firm until the pandemic is over. Otherwise, Counsel should be prepared to confirm to the court that policies will be changed going forward.

Party Information

Debtor(s):

Rocelie Alejo Represented By Kevin T Simon

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:16-12209


Rocelie Alejo


Chapter 13


#4.00 HearingRE: [105] Application for Compensation Application of Attorney for Debtor for Additional Fees and Related Expenses in a Pending Chapter 13 Case Subject to a Rights and Responsibilities Agreement (RARA); with proof of service for Kevin T Simon, Debtor's Attorney, Period: to, Fee: $925.00, Expenses: $10.23.


Docket 105


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rocelie Alejo Represented By Kevin T Simon

Movant(s):

Rocelie Alejo Represented By Kevin T Simon Kevin T Simon

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:16-12131


Sharp Bookkeepers, Inc. dba SHAVE IT ICE


Chapter 7


#5.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Sandra K. McBeth. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (pg))


Docket 135

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Sharp Bookkeepers, Inc. dba Represented By James Studer

Trustee(s):

Sandra McBeth (TR) Represented By Felicita A Torres

11:30 AM

9:17-11084


Harold Terry Ross


Chapter 7


#6.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (fsy))


Docket 90

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Harold Terry Ross Represented By Steven R Fox

Trustee(s):

Jeremy W. Faith (TR) Represented By Meghann A Triplett

11:30 AM

9:18-10828


Armando Gonzalez and Wendy Gonzalez


Chapter 7


#7.00 HearingRE: [142] Motion RE: Objection to Claim Number 13,50 by Claimant Steve Brooks. NOTICE OF MOTION AND MOTION FOR ORDER DISALLOWING CLAIM 50 OF STEVE BROOKS AS DUPLICATIVE OF CLAIM 13; AND DISALLOWING CLAIMS 13 AND 50 OF STEVE BROOKS FOR FAILURE TO SUBMIT EVIDENCE SUPPORTING THE CLAIM; DECLARATION OF SANDRA K. MCBETH IN SUPPORT THEREOF (McBeth (TR), Sandra)


Docket 142


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. The objection to claim Nos. 13 and 50 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j) (3). NO APPEARANCE IS NECESSARY.


GRANT all requested relief. The claims are disallowed in their entirety. Movant to submit order within seven days.

Party Information

Debtor(s):

Armando Gonzalez Pro Se

Joint Debtor(s):

Wendy Gonzalez Pro Se

11:30 AM

CONT...

Movant(s):


Armando Gonzalez and Wendy Gonzalez


Chapter 7

Sandra McBeth (TR) Represented By Sandra McBeth

Trustee(s):

Sandra McBeth (TR) Represented By Sandra McBeth

11:30 AM

9:18-10828


Armando Gonzalez and Wendy Gonzalez


Chapter 7


#8.00 HearingRE: [143] Motion RE: Objection to Claim Number 32 by Claimant James D Houghton. NOTICE OF MOTION AND MOTION FOR ORDER DISALLOWING CLAIM 32 OF JAMES D, HOUGHTON FOR FAILURE TO SUBMIT EVIDENCE SUPPORTING THE CLAIM; DECLARATION OF SANDRA K. MCBETH IN SUPPORT THEREOF (McBeth (TR), Sandra)


Docket 143


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. The objection to claim # 32 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.

1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all requested relief. The claim is disallowed in its entirety. Movant to submit order within seven days.

Party Information

Debtor(s):

Armando Gonzalez Pro Se

Joint Debtor(s):

Wendy Gonzalez Pro Se

11:30 AM

CONT...

Movant(s):


Armando Gonzalez and Wendy Gonzalez


Chapter 7

Sandra McBeth (TR) Represented By Sandra McBeth

Trustee(s):

Sandra McBeth (TR) Represented By Sandra McBeth

11:30 AM

9:18-10828


Armando Gonzalez and Wendy Gonzalez


Chapter 7


#9.00 HearingRE: [144] Motion RE: Objection to Claim Number 46 by Claimant George Sampas. NOTICE OF MOTION AND MOTION FOR ORDER DISALLOWING CLAIM 46 OF GEORGE SAMPAS AS DUPLICATIVE OF CLAIM 2; DECLARATION OF SANDRA K. MCBETH IN SUPPORT THEREOF (McBeth (TR),

Sandra)


Docket 144


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. The objection to claim # 46 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.

1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all requested relief. The claim is disallowed in its entirety. Movant to submit order within seven days.

Party Information

Debtor(s):

Armando Gonzalez Pro Se

Joint Debtor(s):

Wendy Gonzalez Pro Se

11:30 AM

CONT...

Movant(s):


Armando Gonzalez and Wendy Gonzalez


Chapter 7

Sandra McBeth (TR) Represented By Sandra McBeth

Trustee(s):

Sandra McBeth (TR) Represented By Sandra McBeth

11:30 AM

9:18-10828


Armando Gonzalez and Wendy Gonzalez


Chapter 7


#10.00 HearingRE: [145] Motion RE: Objection to Claim Number 60 by Claimant Bethel Mather. NOTICE OF MOTION AND MOTION FOR ORDER SUBORDINATING CLAIM 60 OF BETHEL MATHER AS LATE FILED; DECLARATION OF SANDRA

K. MCBETH IN SUPPORT THEREOF (McBeth (TR), Sandra)


Docket 145


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. The objection to claim # 60 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir.

1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all requested relief. The claim is a late filed claim, subordinated to timely filed unsecured claims.


Movant to submit order within seven days.


Party Information

Debtor(s):

Armando Gonzalez Pro Se

Joint Debtor(s):

Wendy Gonzalez Pro Se

11:30 AM

CONT...

Movant(s):


Armando Gonzalez and Wendy Gonzalez


Chapter 7

Sandra McBeth (TR) Represented By Sandra McBeth

Trustee(s):

Sandra McBeth (TR) Represented By Sandra McBeth

11:30 AM

9:19-10291


Golf View Lane Limited Partnership, a California L


Chapter 11

Adv#: 9:19-01058 Golf View Lane Limited Partnership, a California L v. Pinnacle Estate


#11.00 HearingRE: [33] Motion Motion To Strike Answer And Enter Default; Or In The Alternative, Compel Valley Enterprises Ts, Inc. And Jose Pasco To (1) Serve Their Initial Disclosures; And (2) Appear For And Provide Testimony At Depositions; Request For Monetary Sanctions


Docket 33


Tentative Ruling:

Have the Defendants themselves been served? If counsel has not communicated with them, it seems that service only on counsel doesn't provide adequate notice.


It does appear that there is cause for the requested relief. Continue for service and, if no evidence is put forward to oppose, grant.

Party Information

Debtor(s):

Golf View Lane Limited Partnership, Represented By

Joseph G McCarty

M. Jonathan Hayes Robert M Yaspan

Defendant(s):

Pinnacle Estate Properties, Inc. Represented By Alana B Anaya

Garen Gary Keshishyan Represented By Alana B Anaya

Levis Pasco Obando Represented By Alana B Anaya

Valley Enterprises TS, Inc. Represented By

Thomas C Corcovelos

11:30 AM

CONT...


Golf View Lane Limited Partnership, a California L


Chapter 11

Jose Pasco Represented By

Thomas C Corcovelos

Closing Agents, Inc. Pro Se

DOES 1 through 25, inclusive Pro Se

Igya Demirci Pro Se

Movant(s):

Golf View Lane Limited Partnership, Represented By

Robert M Yaspan

Plaintiff(s):

Golf View Lane Limited Partnership, Represented By

Robert M Yaspan

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:20-01021 Faith v. Cummins


#12.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01021. Complaint by Jeremy W. Faith against Andrea L. Cummins. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of Any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)


FR. 4-28-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Andrea L. Cummins Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy

11:30 AM

CONT...


The Vine Intervention, LLC


Anthony A Friedman


Chapter 7

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:20-01022 Faith v. Cummins et al


#13.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01022. Complaint by Jeremy W. Faith against Mark Cummins, Andrea L. Cummins. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of Any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)


FR. 4-28-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Mark Cummins Pro Se

Andrea L. Cummins Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

11:30 AM

CONT...

Trustee(s):


The Vine Intervention, LLC


Chapter 7

Jeremy W. Faith (TR) Represented By Todd A Frealy

Anthony A Friedman

11:30 AM

9:18-11383


Canyon Crest Ranch Partners-Moorpark, LLC


Chapter 7

Adv#: 9:20-01027 Namba v. Rojas et al


#14.00 HearingRE: [39] Motion for Default Judgment Plaintiff's Motion for Entry of Default Judgment Against James Rojas; Sugira Limited, LLC a California Limited Liability Company, AKA Sugari Limited, LLC; Texas Tart, LLC A California Limited Liability Company; Texas Tart, LLC a Delaware Limited Liability Company; Texas Tart, a Delaware Corporation; Dru Peterson, an INdividual; Susan Peterson, an Individual; and Jodi A. Proud, an Individual; Memorandum of Points and Authorities and Declarations of Vanessa Haberbush and Justin Alvarez in Support; With Proof of Service (Haberbush, Vanessa)


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Canyon Crest Ranch Partners- Represented By Dana M Douglas

Defendant(s):

James Rojas Pro Se

Sugira Limited, LLC, AKA Sugari Pro Se Texas Tart, LLC, a California Pro Se

Texas Tart, LLC, a Delaware Pro Se Texas Tart, a Delaware Corporation Pro Se Dru Peterson Pro Se

Susan Peterson Pro Se

Jodi A. Proud Pro Se

11:30 AM

CONT...

Movant(s):


Canyon Crest Ranch Partners-Moorpark, LLC


Chapter 7

Jerry Namba Represented By

Louis H Altman Vanessa M Haberbush

Plaintiff(s):

Jerry Namba Represented By

Louis H Altman Vanessa M Haberbush

Trustee(s):

Jerry Namba (TR) Represented By Aaron E de Leest Brad Krasnoff

11:30 AM

9:19-11625


Shane Patrick Mahan


Chapter 7

Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al


#15.00 CONT'D Status Hearing

RE: [25] Amended Complaint First Amended Complaint by Meghan Canty Murphey on behalf of William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Jeremy W. Faith, Chapter 7 Trustee, Legacy Effects, LLC, Shane Patrick Mahan. (RE: related document(s)1 Adversary case 9:19-

ap-01057. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, Shane Patrick Mahan, Legacy Effects, LLC, John D. Monte. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)) filed by Plaintiff William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02). (Attachments: # 1 Exhibit Exhibit 1 # 2 Exhibit Exhibit 2 # 3 Exhibit Exhibit 3 # 4 Affidavit Exhibit 4 # 5 Exhibit Exhibit 5 # 6 Exhibit

Exhibit 6 # 7 Exhibit Exhibit 7 - Part 2 # 8 Exhibit Exhibit 7 - Part 2 # 9 Exhibit

Exhibit 7 - Part 3 # 10 Exhibit Exhibit 7 - Part 4 # 11 Exhibit Exhibit 8) (Reynolds, Richard)


FR. 5-18-20, 6-23-20


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Shane Patrick Mahan Pro Se

Defendant(s):

Shane Patrick Mahan Pro Se

Legacy Effects, LLC Represented By Lee T Dicker

John D. Monte Pro Se

11:30 AM

CONT...


Shane Patrick Mahan


Chapter 7

Jeremy W. Faith, Chapter 7 Trustee Represented By

Todd A Frealy Lindsey L Smith Richard P Steelman Jr

Plaintiff(s):

William G. Joiner, as Trustee of the Represented By

Richard J Reynolds Meghan C Murphey Joseph P Buchman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith

11:30 AM

9:19-11625


Shane Patrick Mahan


Chapter 7

Adv#: 9:19-01079 William G. Joiner, as Trustee of the William G. Jo v. Mahan


#16.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01079. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Shane Patrick Mahan. (Nature of Suit: (41 - Objection / revocation of discharge - 727(c),(d),(e))). (Reynolds, Richard)


FR. 2-24-20, 3-16-20, 7-21-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Shane Patrick Mahan Pro Se

Defendant(s):

Shane Patrick Mahan Pro Se

Plaintiff(s):

William G. Joiner, as Trustee of the Represented By

Richard J Reynolds Meghan C Murphey Joseph P Buchman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith

11:30 AM

2: -


ZOOM HEARING INSTRUCTIONS


Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/

ZoomGov meeting number: 160 540 6382

Password: 128748

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

1:19-12866


Studio Production Center, Inc.


Chapter 11


#1.00 Hearing RE: [68] Motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Imagecraft Productions, Inc. v. Hollywood Center Stages, Inc., et al., Case No. BC601491 .


Docket 68


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT. The Movant may proceed with the Non-bankruptcy Action defined in the motion.

GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.

Party Information

Debtor(s):

Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#2.00 CONTD. Hearing RE: [29] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1001 North Beverly Glenn Blvd,

Los Angeles, CA 90077


fr. 11-20-19, 1-7-20, 1-8-20

fr. 3-10-20, 4-29-20

Fr. 7-1-20 fr.8-26-20


Docket 29

*** VACATED *** REASON: Continued by Stip to October 7, 2020 at 11:30 AM;

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

DEUTSCHE BANK NATIONAL Represented By

Nathan F Smith

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#3.00 CONTD. Hearing RE: [52] Motion for Setting Property Value (Corrected Motion)


fr. 1-8-20,3-10-20, 4-29-20

Fr. 7-1-20 fr.8-26-20


Docket 52

*** VACATED *** REASON: Continued by Stip to October 7, 2020 at 11:30 AM;

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#4.00 Disclosure Statement Describing First Amended Chapter 11 Plan of Reorganization Filed by Debtor 01 BH Partnership.


Docket 101

*** VACATED *** REASON: Continued by Stip to October 7, 2020 at 11:30 AM;

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#5.00 CONT'D. Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual.


fr.9-10-19, 11-6-19, 11-20-19

fr. 1-7-20, 1-8-20,3-10-20

fr. 4-29-20

Fr. 7-1-20 fr.8-26-20


Docket 1

*** VACATED *** REASON: Continued by Stip to October 7, 2020 at 11:30 AM;

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

2:30 PM

1:20-10256


NAI Capital, Inc.


Chapter 11


#1.00 Hearing RE: [196] Motion For A Protective Order Re: Creditor Robert Scullin's Motion For Order Directing Debtor To Produce Documents Pursuant To Rule 2004 Of The Federal Rules Of Bankruptcy Procedure;


*******

All appearances for this matter will be via Zoom and not via Court Call. All parties participating in these hearings may connect from the zoom link listed below. This service is free of charge. You may participate using a computer or telephone.


Join by Computer

Meeting URL: https://cacb.zoomgov.com/j/1606502573


Meeting ID: 161 480 6082

Password: 422431


Join by Telephone

For higher quality, dial a number based on your current location.


Dial: US: +1 669 254 5252 or +1 646 828 7666

Meeting ID: 161 480 6082

Password: 422431


Docket 196


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

NAI Capital, Inc. Represented By Ron Bender

2:30 PM

CONT...


NAI Capital, Inc.


Todd M Arnold Lindsey L Smith


Chapter 11

11:30 AM

9:00-00000 Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1615306721

ZoomGov meeting number: 161 530 6721

Password: 113869

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:19-10977


Karin Maria Cybulski


Chapter 13


#1.00 HearingRE: [43] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5004 University Dr, Santa Barbara, California 93111-1834 with Proof of Service. (Arnold, Jenelle)


Docket 43


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.

GRANT relief from the co-debtor stay under 11 U.S.C. § 1301(a). MOVANT TO LODGE ORDER WITHIN 7 DAYS.

THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).

Party Information

Debtor(s):

Karin Maria Cybulski Represented By Christian J Younger

11:30 AM

CONT...

Movant(s):


Karin Maria Cybulski


Chapter 13

Select Portfolio Servicing Inc., as Represented By

Jenelle C Arnold

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-12010


James L Cinney, Sr.


Chapter 13


#2.00 HearingRE: [36] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3323 View Pointe Drive, Westlake Village, CA 91361 . (Lee, Nancy)


Docket 36


Tentative Ruling:

Can this be resolved consensually?

Party Information

Debtor(s):

James L Cinney Sr. Represented By Julie J Villalobos

Movant(s):

American Advisors Group Represented By Nancy L Lee

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11087


Robert B. Haight


Chapter 13


#2.10 CONT'D Hearing

RE: [20] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 20458 Pacific Coast Highway, Malibu, CA 90265 with Exhibits "A" through "B" and Proof of Service of Document.


FR. 8-16-19, 9-18-19, 10-16-19, 12-4-19, 1-29-20, 2-26-20, 3-25-20, 6-1-20,

8-4-20, 8-18-20, 9-1-20


Docket 20

*** VACATED *** REASON: Stipulated order vacating hearing was entered on 9/4/2020.

Tentative Ruling:


September 1, 2020

The court needs an order on the parties' stipulation.


August 18, 2020


This matter has been continued many times. The court has a final ruling to grant the real property motion for relief.


May 28, 2020

The motion is unopposed and shows cause under section 362(d)(1) for the requested relief. Grant unless the debtor has evidence that he is current or the parties have agreed to an APO.


Ruling for March 25, 2020

Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure

11:30 AM

CONT...


Robert B. Haight


Chapter 13

to prosecute.


Ruling for February 26, 2020

Continued to March 25, 2020 at 10:30. Movant to file and serve notice.

Party Information

Debtor(s):

Robert B. Haight Represented By Nicholas S Nassif

Movant(s):

DJ Development,LLC Represented By Abel Ortiz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11766


Joshua Michael Luster and Katherine Michelle Luster


Chapter 7


#3.00 HearingRE: [46] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Chevrolet Suburban, VIN: 1GNSKHKC8JR261504 . (Ith, Sheryl)


Docket 46


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Joshua Michael Luster Represented By John D Faucher

Joint Debtor(s):

Katherine Michelle Luster Represented By John D Faucher

11:30 AM

CONT...

Movant(s):


Joshua Michael Luster and Katherine Michelle Luster


Chapter 7

ACAR Leasing LTD d/b/a GM Represented By Sheryl K Ith

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:10-12676


John D Burree and Cecelia M Burree


Chapter 7


#4.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee McBeth. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (fsy))


Docket 48

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

John D Burree Represented By David Commons Julie J Villalobos

Joint Debtor(s):

Cecelia M Burree Represented By David Commons Julie J Villalobos

11:30 AM

CONT...

Trustee(s):


John D Burree and Cecelia M Burree


Chapter 7

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10554


Community Provider of Enrichment Services, Inc.


Chapter 11


#5.00 Hearing

RE: [256] Motion of California Debtors for Entry of (I) an Order (A) Authorizing and Approving the California Debtors' Entry Into and Assumption of the Stalking Horse Asset Purchase Agreement, (B) Authorizing and Approving Bidding Procedures and Break-Up Fee, (C) Approving Notice Procedures, (D) Scheduling a Sale Hearing, and (E) Approving Procedures for Assumption and Assignment of Certain Executory Contracts and Unexpired Leases and Determining Cure Amounts; and (II) an Order (A) Authorizing the Sale of Substantially all of the California Debtors' Assets Free and Clear of All Liens, Claims, Encumbrances, and Interests, (B) Authorizing the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases; Memorandum of Points and Authorities in Support Thereof (Salzman, Ryan)


Docket 256


Tentative Ruling:

The motion is unopposed.


Approve sale procedures. The week of September 28 is not available, but the court can set this matter on October 6 or 8 at 11:30.

Party Information

Debtor(s):

Community Provider of Enrichment Represented By

Ryan M Salzman

Movant(s):

Community Provider of Enrichment Represented By

Ryan M Salzman Ryan M Salzman Ryan M Salzman

11:30 AM

9:18-11889


Charles L. Duff and THE BANK OF NEW YORK


Chapter 11


#6.00 CONT'D Chapter 11 Status Conference


FR. 12-18-19, 4-24-19, 6-12-19, 7-3-19, 9-3-19, 10-29-19, 12-5-19, 3-24-20,

7-21-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

11:30 AM

9:20-10773


Bruce Matthew Burke and Jasmine Jaruda Burke


Chapter 11


#7.00 Chapter 11 Status Conference


FR. 8-18-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bruce Matthew Burke Represented By Arasto Farsad

Joint Debtor(s):

Jasmine Jaruda Burke Represented By Arasto Farsad

11:30 AM

9:20-10869


Christiaan Johannes De Nysschen and Maria Catharina De


Chapter 11


#8.00 Chapter 11 Status Conference


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christiaan Johannes De Nysschen Represented By

Vaughn C Taus

Joint Debtor(s):

Maria Catharina De Nysschen Represented By Vaughn C Taus

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:20-01019 Faith v. Heringer Estate Winery


#9.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01019. Complaint by Jeremy W. Faith against Heringer Estate Winery. (Charge To Estate). - Complaint (1) for Avoidance of Post-Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)


FR. 4-28-20, 6-30-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Heringer Estate Winery Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy

Anthony A Friedman

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:20-01020 Faith v. American Express Company


#10.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01020. Complaint by Jeremy W. Faith against American Express Company. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)


FR. 4-28-20, 6-30-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

American Express Company Represented By Kelly Sweeney

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

Trustee(s):

Jeremy W. Faith (TR) Represented By

11:30 AM

CONT...


The Vine Intervention, LLC


Todd A Frealy Anthony A Friedman


Chapter 7

11:30 AM

9:18-11436


Julie Mai


Chapter 7

Adv#: 9:20-01014 McBeth v. Mai


#11.00 CONTD. Status Hearing

RE: [1] Adversary case 9:20-ap-01014. Complaint by Sandra K. McBeth against Rick Louis Mai. (Charge To Estate). (Attachments: # 1 Exhibit 1, Part 1 # 2 Exhibit 1, Part 2 # 3 Exhibit 1, Part 3 # 4 Adv. Proc. Cover Sheet) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) (Sholder, Joseph)


FR. 3-24-20, 6-1-20, 6-30-20


Docket 1

*** VACATED *** REASON: Plaintiff's notice of dismissal was filed on 7/28/20. Adversary closed.

Tentative Ruling:

This matter settled, correct? Plaintiff needs to request dismissal.

Party Information

Debtor(s):

Julie Mai Represented By

Vaughn C Taus

Defendant(s):

Rick Louis Mai Represented By Matthew S Kennedy

Plaintiff(s):

Sandra K. McBeth Represented By Joseph M Sholder

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres

11:30 AM

9:20-11072


Valley Farm Supply, Inc.


Chapter 11


#12.00 HearingRE: [3] Motion to Use Cash Collateral


Docket 3


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Valley Farm Supply, Inc. Represented By William C Beall

11:30 AM

9:20-11072


Valley Farm Supply, Inc.


Chapter 11


#13.00 HearingRE: [4] Motion Regarding Chapter 11 First Day Motions (Pay pre-petition wages)


Docket 4


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Valley Farm Supply, Inc. Represented By William C Beall

11:30 AM

2: -


ZOOM HEARING INSTRUCTIONS


Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/

ZoomGov meeting number: 160 588 5567

Password: 839723

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

Docket 0

11:30 AM

1:20-11205

Mokhim Rasooli

Chapter 11

#1.00 Hearing RE: [18] U.S. Trustee Motion to dismiss or convert Case; Fr. 8-26-20


Docket 18


Debtor(s):

*** VACATED *** REASON: Continued by order to 9/23/20 at 11:30 AM Party Information

Mokhim Rasooli Pro Se

11:30 AM

1:20-11205


Mokhim Rasooli


Chapter 11


#2.00 Chapter 11 Scheduling and Case Management Conference fr. 8-26-20


Docket 5

Debtor(s):

*** VACATED *** REASON: Continued by order to 9/23/20 at 11:30 AM Party Information

Mokhim Rasooli Pro Se

2:00 PM

2: - Chapter


#0.00 All hearings on this 2:00 PM calendar will be conducted remotely, using ZoomGov video and audio.


Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Join ZoomGov Meeting https://cacb.zoomgov.com/j/1610770899


Meeting ID: 161 077 0899 Password: Bn1xU8

One tap mobile

+16692545252,,1610770899#,,1#,834441# US (San Jose)

+16468287666,,1610770899#,,1#,834441# US (New York)


Dial by your location

+1 669 254 5252 US (San Jose)

+1 646 828 7666 US (New York)

Meeting ID: 161 077 0899

Password: 834441


Docket 0


Tentative Ruling:

- NONE LISTED -

2:00 PM

2:20-17570


Alexx Brown, LLC


Chapter 11

Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al


#1.00 Hearing RE: [2] Emergency Ex Parte Motion For Order Granting Turnover Of Debtor's Books and Records and For Temporary Restraining Order


Docket 2


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

Defendant(s):

Alexx Brown Pro Se

John Does 1-10 Pro Se

Plaintiff(s):

Alexx Brown, LLC Represented By Andrew Goodman

11:30 AM

9: Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1601501770

ZoomGov meeting number: 160 150 1770

Password: 974206

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:17-10158


David Allen Yatsko


Chapter 13


#1.00 CONT'D Hearing

RE: [75] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 971 VISALIA STREET, PISMO BEACH, CA 93449 . (Ferry, Sean)


FR. 1-29-20, 2-26-20, 3-25-20, 5-6-20, 5-13-20, 6-30-20, 8-10-20


Docket 75

*** VACATED *** REASON: Order entered 8/14/20 Tentative Ruling:

At the June 30 hearing, counsel indicated the parties had negotiated an APO.


Ruling for March 25, 2020

Continued to May 6, 2020 at 10:00 a.m.; appearances on March 25, 2020 waived. Based on the prior representations of counsel the court is expecting the parties to file an adequate protection stipulation and order resolving the motion. If a stipulation resolving the motion, or a withdrawal of the motion, is not filed by 7 days before the next hearing date, counsel for the movant is required to file a status report detailing the status of the motion. Failure to do so may result in denial of the motion for failure to prosecute.


Ruling for February 26, 2020

Continued to March 25, 2020 at 10:30 a.m.


Ruling for 1/29/20: Continued to 2/26/20 at 10:30 a.m.

Party Information

Debtor(s):

David Allen Yatsko Represented By Chris Gautschi

Movant(s):

Deutsche Bank National Trust Represented By

11:30 AM

CONT...


Trustee(s):


David Allen Yatsko


Sean C Ferry Keith Labell Theron S Covey Eric P Enciso


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:17-11605


Genaro Jacinto and Patricia Jacinto


Chapter 13


#2.00 HearingRE: [61] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 408 N K Street, Lompoc, CA 93436-5933 . (Ferry, Sean)


Docket 61


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).

Party Information

Debtor(s):

Genaro Jacinto Represented By Susan Salehi

11:30 AM

CONT...


Genaro Jacinto and Patricia Jacinto


Chapter 13

Joint Debtor(s):

Patricia Jacinto Represented By Susan Salehi

Movant(s):

Deutsche Bank National Trust Represented By Sean C Ferry

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11890


Juan Manuel Aguilar


Chapter 13


#3.00 CONT'D Hearing

RE: [59] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2008 Honda Odyssey with Proof of Service. (Martinez, Kirsten)


FR. 8-10-20


Docket 59

Tentative Ruling:

Movant asked to continue this matter to confirm payment from Debtor has cleared.

Party Information

Debtor(s):

Juan Manuel Aguilar Represented By Steven Trolard

Movant(s):

TOYOTA MOTOR CREDIT Represented By Kirsten Martinez Austin P Nagel

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11327

Frank Joseph Heller and Marlo Marie Heller

Chapter 13


#4.00 CONT'D Hearing

RE: [49] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 25 Brookpebble Lane, Simi Valley, California 93065 with Proof of Service. (Arnold, Jenelle)


FR. 8-10-20


Docket 49

*** VACATED *** REASON: Stipulated Adequate Protection Order was Entered on 8/18/20.

Tentative Ruling:

Is the movant the servicer for the beneficiary, or the holder (MERS appears to be the beneficiary so the motion may have the wrong box checked)?

Party Information

Debtor(s):

Frank Joseph Heller Represented By Eric Ridley

Joint Debtor(s):

Marlo Marie Heller Represented By Eric Ridley

Movant(s):

Select Portfolio Servicing Inc., as Represented By

Jenelle C Arnold

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:17-10904


Manuel Rodrigues and Diana M. Rodrigues


Chapter 13


#5.00 Declaration re: of NewRez LLC d/b/a Shellpoint Mortgage Servicing Default Under Adequate Protection Order; Request For Entry Of Order Granting Relief From Stay with Proof of Service Filed by Creditor The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-8 (RE: related document(s)36 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 398 Elisa Ct., Buellton, CA 93427 . Fee Amount $181,). (Attachments: # 1 Exhibit) (Martinez, Kirsten)


FR. 7-13-20


Docket 78

*** VACATED *** REASON: Stipulated order entered on 9-10-20. Hearing continued to November 17, 2020 at 11:30am.

Tentative Ruling:

Please update the court on payments made and received.

Party Information

Debtor(s):

Manuel Rodrigues Represented By William C Beall

Joint Debtor(s):

Diana M. Rodrigues Represented By William C Beall

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11733


Pablo Valencia


Chapter 13


#6.00 CONTD. Hearing

RE: [50] Motion to vacate order Motion for Relief From Stay, Hearing Date July 21, 2020 @ 10:30am in Ctrm 301, with proof of service


FR. 7-21-20


Docket 50

Tentative Ruling:

Please update the court on whether the parties were able to resolve this matter.

Party Information

Debtor(s):

Pablo Valencia Represented By Matthew D. Resnik

Movant(s):

Pablo Valencia Represented By Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10065

AIS Construction Company

Chapter 7

#7.00 HearingRE: [79] Application for Compensation [Final Application Of Subchapter V Trustee For Approval Of Fees And Reimbursement Of Expenses; Declaration Of John- Patrick M. Fritz, Esq. In Support (POS Attached)]- for John-Patrick McGinnis Fritz (TR), Trustee, Period: 3/17/2020 to 5/19/2020, Fee: $6000.00, Expenses: $0.00. (Fritz (TR), John-Patrick)

Docket 79

Tentative Ruling:


The final application for allowance of fees and costs was properly noticed and set for hearing. The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v.

Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

AIS Construction Company Represented By William E. Winfield

Movant(s):

John-Patrick McGinnis Fritz (TR) Pro Se

11:30 AM

CONT...

Trustee(s):


AIS Construction Company


Chapter 7

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10065


AIS Construction Company


Chapter 7


#8.00 HearingRE: [82] Application for Compensation for Nelson Comis Kettle & Kinney LLP, Debtor's Attorney, Period: 1/17/2020 to 5/19/2020, Fee: $19110.00, Expenses:

$22.50.


Docket 82


Tentative Ruling:

Is counsel holding any funds from the retainer?

Party Information

Debtor(s):

AIS Construction Company Represented By William E. Winfield

Movant(s):

Nelson Comis Kettle & Kinney LLP Represented By

William E. Winfield

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:17-10918


Jonathan David Startz


Chapter 11


#9.00 CONT'D Hearing

RE: [279] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)


FR. 8-10-20


Docket 279


Tentative Ruling:

The Debtor indicates that he expects a hearing to be held in state court and requests another continuance, to late October.


8/10/20 Tentative Ruling:

This case is nearly three years old. The basis for the U.S. Trustee's motion is the debtor's repeated delay and the fact that the confirmation hearing has been continued over 12 times. The debtor's response is not to refute any of the points made in the motion, but rather to ask whether this motion can be continued. The court is sympathetic to the debtor's situation, particularly in light of his health issues, but the parties need to address whether it is time to dismiss this case.

Party Information

Debtor(s):

Jonathan David Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:17-10918


Jonathan David Startz


Chapter 11


#10.00 CONT'D Confirmation Hearing

RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)


FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,

FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE),

FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19, 3-3-20, 3-24-20, 6-1-20, 7-13-20


Docket 174


Tentative Ruling:

The Debtor indicates that he expects a hearing to be held in state court and requests another continuance, to late October.

Party Information

Debtor(s):

Jonathan David Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

9:19-10291


Golf View Lane Limited Partnership, a California L


Chapter 11


#11.00 Post-Confirmation Status Conference


Docket 143


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Golf View Lane Limited Partnership, Represented By

Joseph G McCarty

M. Jonathan Hayes Robert M Yaspan

11:30 AM

9:20-10554


Community Provider of Enrichment Services, Inc.


Chapter 11


#11.10 Hearing

RE: [296] Motion of California Debtors For Entry Of (I) An Order (A) Authorizing and Approving the Debtors Entry Into the Stalking Horse Asset Purchase Agreement, (B) Authorizing and Approving Bidding Procedures and Break-Up Fee, (C) Approving Notice Procedures, (D) Scheduling A Sale Hearing, and (E) Approving Procedures For Assumption and Assignment Of Certain Executory Contracts and Unexpired Leases and Determining Cure Amounts; and (II) an Order (A) Authorizing The Sale Of Substantially All Of The Debtors Assets Free and Clear Of All Liens, Claims, Encumbrances, and Interests, (B) Authorizing the Assumption and Assignment Of Certain Executory Contracts and Unexpired Leases; Memorandum Of Points and Authorities In Support Thereof with hearing set to be Held on September 8, 2020 at 11:30 a.m. (Salzman, Ryan)


Docket 296


Tentative Ruling:

The CPES matters will be called last on calendar.

Party Information

Debtor(s):

Community Provider of Enrichment Represented By

Ryan M Salzman

Movant(s):

Community Provider of Enrichment Represented By

Ryan M Salzman Ryan M Salzman Ryan M Salzman

11:30 AM

9:20-10554


Community Provider of Enrichment Services, Inc.


Chapter 11


#11.20 Hearing

RE: [308] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: . (O'Brien, Sean)


Docket 308


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Community Provider of Enrichment Represented By

Ryan M Salzman

Movant(s):

Arizona Department of Economic Represented By

Jennifer Kalvestran Sean P O'Brien

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#12.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01040. Complaint by The Official Committee of Unsecured Creditors against Gurpreet Sahani, Gurpreet Gurpreet Sahani as Trustee of The Green Acres Trust Dated May 10, 2017, Rajinder Sahani, Amarjit Sahani, Shaheen Sahani. Recovery, and Preservation of Preferential Transfers;

  1. Avoidance, Recovery, and Preservation of Intentional Fraudulent Transfers;

  2. Avoidance, Recovery, and Preservation of Constructive Fraudulent Transfers; (4) Breach of Fiduciary Duty; (5) Conversion/Misappropriation; (6) Civil Liability Under Penal Code § 496; (7) Unfair Business Practices (Business and Professions Code § 17200); (8) Misappropriation of Trade Secrets; (9) Declaratory Relief; (10) Quiet Title; and (11) Turnover (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))(Haes, Chad)


FR. 10-24-18, 4-16-19, 6-12-19, 7-23-19, 3-24-20, 6-23-20, 11-17-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Gurpreet Sahani Represented By Lewis R Landau

Rajinder Sahani Represented By

11:30 AM

CONT...


Rajysan, Inc.


Lewis R Landau


Chapter 11

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Chad V Haes

D Edward Hays Tinho Mang

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay

11:30 AM

9:17-11579


Robert Hesselgesser M.D.


Chapter 7

Adv#: 9:20-01040 Faith v. Hesselgesser


#13.00 Status HearingRE: [1] Adversary case 9:20-ap-01040. Complaint by Jeremy W. Faith against Robert Hesselgesser. (Charge To Estate). Complaint for Denial of Debtor's Discharge Pursuant to 11 U.S.C. §§ 727(a)(2) AND 727(a)(4) Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Gaschen, Beth)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Hesselgesser M.D. Pro Se

Defendant(s):

Robert Hesselgesser Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Beth Gaschen

Trustee(s):

Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen

2:00 PM

2: - Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/

ZoomGov meeting number: 161 328 1939

Password: 363606

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."

Docket 0

Tentative Ruling:

- NONE LISTED -

2:00 PM

CONT... Chapter

1:20-10256

NAI Capital, Inc.

Chapter 11

#1.00 Continued Hearing re: assumption or rejection of Leases/Contracts; fr.8-26

Docket 202


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

10:30 AM

9:20-10019


Lisa Jan Cerrotta


Chapter 13


#1.00 Hearing on Confirmation of Chapter 13 Plan FR. 3-26-20, 6-18-20, 8-20-20

Docket 1

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lisa Jan Cerrotta Represented By Allan S Williams

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10342


Jason Isaac Ignacio


Chapter 13


#2.00 Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 8-20-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jason Isaac Ignacio Represented By Nicholas M Wajda

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10413


Humberto M Martinez


Chapter 13


#3.00 Hearing on Confirmation of Chapter 13 Plan FR. 5-21-20, 7-16-20, 8-20-20

Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Humberto M Martinez Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10440


Thomas Martin


Chapter 13


#4.00 Hearing on Confirmation of Chapter 13 Plan FR. 5-21-20, 7-16-20

Docket 1

*** VACATED *** REASON: Continued to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Thomas Martin Represented By

Michael D Kwasigroch

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10598


Jason Tiscareno and Katherine D. Tiscareno


Chapter 13


#5.00 Hearing on Confirmation of Chapter 13 Plan


Docket 32


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jason Tiscareno Represented By Janet A Lawson

Joint Debtor(s):

Katherine D. Tiscareno Represented By Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10690


Holly Godshall


Chapter 13


#6.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to December 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Holly Godshall Represented By

Steven Abraham Wolvek

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10709


John Wayne Burdett


Chapter 13


#7.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

John Wayne Burdett Represented By Andy C Warshaw

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10769


Greg K Beck


Chapter 13


#8.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Greg K Beck Represented By

Reed H Olmstead

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10770


Daniel James Greding


Chapter 13


#9.00 Hearing on Confirmation of Chapter 13 Plan FR. 8-20-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel James Greding Represented By Julie J Villalobos

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10810


Amanda Grace Schaller and Rachelle Lynn Schaller


Chapter 13


#10.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Amanda Grace Schaller Represented By Robert E Traylor

Joint Debtor(s):

Rachelle Lynn Schaller Represented By Robert E Traylor

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10845


Christen Kayser


Chapter 13


#10.10 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Rescheduled to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christen Kayser Represented By Shawn S White

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10853


Rosa Olmedo


Chapter 13


#11.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rosa Olmedo Represented By Yelena Gurevich

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10862


Hernan A. Udaeta


Chapter 13


#12.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Hernan A. Udaeta Represented By Nathan A Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10864


Vicki Lynn Neider


Chapter 13


#13.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Vicki Lynn Neider Represented By Nancy Korompis

Trustee(s):

Elizabeth (ND) F Rojas (TR) Represented By Nancy Korompis

10:30 AM

9:20-10867


Greg Curtis Key and Hayley Marie Key


Chapter 13


#14.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Greg Curtis Key Represented By Nancy Korompis

Joint Debtor(s):

Hayley Marie Key Represented By Nancy Korompis

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10871


Vincenza Sarah Sorisi


Chapter 13


#15.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Vincenza Sarah Sorisi Represented By Nathan A Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10857


Arnold W Gross and Laurie E Gross


Chapter 13


#16.00 CONT'D Hearing on Confirmation of Chapter 13 Plan

(Hearing is set based upon Memorandum and Judgment entered by the BAP) FR. 9-19-19, 10-17-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20, 7-16-20

Docket 1

Tentative Ruling:

9/17/20:


The court will first address the claim issue at matter 16.1 and then turn to confirmation, matter 16.


9/17/20 Cont'd Confirmation Hearing: It has now been over a year since this case was reinstated after appeal.


On Tuesday, September 15, the debtors filed a document titled "Response to Tentative Rulings Posted on 9/15/20" (Docket No. 178). This document is perplexing. As of 9/15/20, the only tentative ruling posted for any of the four matters on calendar in this case was for this matter, which was clearly labeled as "Tentative ruling for 5/21/20. This tentative ruling will be posted on 9/16/20.


Tentative ruling for 5/21/20:

The confirmation hearing was continued from 1/16 to 3/26/20. On 1/16, the court noted that there had been multiple hearings since remand and that the SPS claim objection still had not been properly noticed. The trustee’s counsel noted that there was still no relevant plan because no amended plan had been filed since the remand. The prior plan was outdated because the Debtors had used the refunded plan payments and may have reduced claims while the case was dismissed. Counsel for the Debtors still had not come to a conclusion about the plan term, she had a "thinking" and didn’t understand why she couldn’t use the plan she had on file. The court noted that the existing pre- appeal plan didn’t match counsel’s "thinking." There was further colloquy between counsel and the court about properly noticing a new plan. Counsel also noted that she

10:30 AM

CONT...


Arnold W Gross and Laurie E Gross


Chapter 13

had no RARA. The court also told Ms. Lawson that she could always file a motion under § 529.


Confirmation was continued from 3/26 until today without being called at that

time.


No post-appeal plan was filed until 4/10/20, more than six months after remand

(Docket No. 132). A filer error was entered the same day (Docket No 136) noting that the plan was filed on an out-of-date form – counsel used the 2012 plan form. The notice to filer instructed counsel to immediately re-file the correct document. This has not been done, so there is still no plan since prior to the dismissal and appeal.


An objection to confirmation has been filed by the Debtors’ first mortgage lienholder, by U.S. Bank, N.A., as trustee. U.S. Bank states that the proposed plan provides for arrearages of $7,265.60 while the actual arrearages are $30,327.25. The objection notes that the Debtors never properly noticed the claim objection filed eight months ago on 9/18/19.

There appears to be ample basis for dismissal here.


Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m. Dtrs are required to either set their claims objection for hearing or file an adversary proceeding.


Ruling for 11/21/19: Continued to 1/16/20. Also, Debtor should file a withdrawl of the SPS objection.


Ruling for October 17, 2019: Continued to 11/21/19.


Debtor(s):


Party Information

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

10:30 AM

CONT...


Arnold W Gross and Laurie E Gross


Chapter 13

Joint Debtor(s):

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10857


Arnold W Gross and Laurie E Gross


Chapter 13


#16.10 CONT'D Hearing on Second Objection to Claim #15 by Claimant Specalized Loan Servicing. in the amount of $ 664,452.60 Filed by Debtor Arnold W Gross, Joint Debtor Laurie E Gross. (Lawson, Janet)


FR. 7-16-20


Docket 147


Tentative Ruling:

If the parties haven't consensually resolved this matter and do not request a continuance, the court will hear brief oral argument and rule.

Party Information

Debtor(s):

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

Joint Debtor(s):

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10857


Arnold W Gross and Laurie E Gross


Chapter 13


#16.20 Second Objection to Claim # by Claimant Specalized Loan Servicing. in the amount of $ 664,452.60 Filed by Debtor Arnold W Gross, Joint Debtor Laurie E Gross. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Affidavit proof of service) (Lawson, Janet)


Docket 165


Tentative Ruling:

The court doesn't see any reason why this "second objection" was filed. This is, in essence, a supplemental brief in support of the debtor's claim objection filed at Docket No. 147 (Cal. No. 16.1), framed and noticed as a "second" claim objection. It would actually be the third (Docket No. 113 was never set for hearing). The brief is almost identical to that filed as a reply with respect to Docket No. 147 (Docket No. 158). The court did not allow for any supplemental briefing after the 7/16/20 hearing, so to the extent this "claim objection" is a supplemental brief, it is stricken from the record.


To the extent this is a new claim objection, filed when there are two pending claim objections, one of which has been fully briefed already and continued by the court for further hearing, the court finds that the debtors' successive claim objections (including a fourth objection - Cal. No. 16.3) are not proper because:

"a debtor is not entitled to utilize the filing of amended or supplemental objections in order to file successive and repeated objections to the claim of a creditor. The filing of such successive and repeated objections, even if based on different grounds, is unduly burdensome and prejudicial to creditors who are subjected to such tactics."

In re Catron, 198 B.R. 908, 909 (Bankr. M.D.N.C. 1996).


No hearing is needed for the court to overrule this "second objection" without a hearing. This matter will not be called.


Party Information

10:30 AM

CONT...

Debtor(s):


Arnold W Gross and Laurie E Gross


Chapter 13

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

Joint Debtor(s):

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10857


Arnold W Gross and Laurie E Gross


Chapter 13


#16.30 Hearing

RE: [168] Motion Objection to Miscellaneous Fees Charged by Secured Creditor

U.S. Bank, Said Fees Not Included in the Proof of Claim. s


Docket 168


Tentative Ruling:

A hearing is not needed for the court to rule on this matter. This "objection" is overruled. This matter will not be called.


This is the fourth claim objection filed by the debtors to this claim, all four of which remain pending (See Cal. Nos. 16.1 and 16.2, the first was never set for hearing).


This is a "claim objection" by name only, as it appears to be a request for an accounting, supported by a declaration by the debtors' counsel's assistant, as to charges and/or accounting entries on the debtors mortgage account mostly postpetition.


The debtors argue without support that every one of numerous entries on their account history totalled by counsel's assistant is a "fee" and argue that they are entitled to know what those "fees" are for.


The claimant addresses this "objection" in its omnibus response to all of the pending claim "objections" (Docket No. 172). The claimant points out that this document does not actually constitute a claim objection as it includes no requested relief. The claimant argues that, even to the extent the debtors' filing constitutes a claim objection, they have not presented any evidence that would overcome the prima facie validity of claim 15. The claimant also attaches information regarding corporate advance codes from which the debtors may be able to identify the "fees" they complain of.


FRBP 3002(c)(2)(A) requires any claim including "interest, fees, expenses, or aother charges incurred before the petition was filed" to include an itemized

10:30 AM

CONT...


Arnold W Gross and Laurie E Gross


Chapter 13

statement of those amounts. The debtors do not claim that this requirement has not been met as to any of the "fees" that were prepetition.


The debtors have provided no authority for a conclusion that claim 15 contains insufficient information to constitute a prima facie claim or any authority for disallowance of the claim based on the debtors' lack of understanding of the amounts set forth in the claim.


The debtors cite two cases, neither of which is analogous to the situation here. Both of the cited cases (In re Melbell Assoc. and In re Atwood) involved oversecured creditors. According to the debtors' schedules, the claimant here is undersecured. In Melbell Assoc., the issue was the extent to which the creditor could recover certain fees and costs from the proceeds of the postpetition sale of the debtor's property. In Atwood, the issue involved the oversecured creditor's § 506(b) claim for fees and costs and whether the creditor had to seek fees under FRBP 2016 rather than through its claim. The holding of that decision relates to how a court is to determine reasonableness of fees under § 506(b).


In short, while the holdings of these cases may have sounded good to the debtors, they do not provide a basis for disallowance of a claim based on the debtors' lack of understanding as to what certain fees and charges represent.


If the debtors were truly trying to determine the nature of the charges to assess their appropriateness, they could have sought discovery, but evidently have not.


The debtors' "claim objection" fails to provide sufficient basis to rebut the validity of the claim. Overrule.


Party Information

Debtor(s):

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

Joint Debtor(s):

Laurie E Gross Represented By

10:30 AM

CONT...


Movant(s):


Arnold W Gross and Laurie E Gross


Stuart R Simone Janet A Lawson


Chapter 13

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-12012


Jorge Ramirez and Amelia Ramirez


Chapter 13


#17.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 2-21-19, 3-21-19, 5-23-19, 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20,

7-16-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jorge Ramirez Represented By Janet A Lawson

Joint Debtor(s):

Amelia Ramirez Represented By Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10188


Susan Y McDermott and Michael J McDermott, III


Chapter 13


#18.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 5-23-19, 9-19-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20


Docket 1


Tentative Ruling:

Ruling for May 23, 2019:

Continued to September 19, 2019

Party Information

Debtor(s):

Susan Y McDermott Represented By Jerry Namba

Joint Debtor(s):

Michael J McDermott III Represented By Jerry Namba

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10188


Susan Y McDermott and Michael J McDermott, III


Chapter 13


#18.10 CONT'D Hearing

RE: [48] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Leta Finch v. Susan and Michael McDermott . (Bertelsen, Susan)


FR. 6-21-19, 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20


Docket 48

Tentative Ruling:

9/17/20: These matters will be continued to November by stipulation.

Ruling for 6/21/19: Continued to 8/16/19 at 10:30 a.m. for proper service on the debtor per the local rules.

Party Information

Debtor(s):

Susan Y McDermott Represented By Jerry Namba

Joint Debtor(s):

Michael J McDermott III Represented By Jerry Namba

Movant(s):

Leta Finch Represented By

David Stroud David P Stroud

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10188


Susan Y McDermott and Michael J McDermott, III


Chapter 13


#18.20 CONT'D Hearing on Motion RE: Objection to Claim Number 5 by Claimant Leta Finch. Filed by Joint Debtor Michael J McDermott III, Debtor Susan Y McDermott (Namba, Jerry)


FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20


Docket 45

Tentative Ruling:

9/17/20: These matters will be continued to November by stipulation.

Party Information

Debtor(s):

Susan Y McDermott Represented By Jerry Namba

Joint Debtor(s):

Michael J McDermott III Represented By Jerry Namba

Movant(s):

Susan Y McDermott Represented By Jerry Namba

Michael J McDermott III Represented By Jerry Namba

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10188


Susan Y McDermott and Michael J McDermott, III


Chapter 13


#18.30 CONT'D Hearing

RE: [53] Motion for Abstention Under Section 305


FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20


Docket 53

Tentative Ruling:

9/17/20: These matters will be continued to November by stipulation.

Party Information

Debtor(s):

Susan Y McDermott Represented By Jerry Namba

Joint Debtor(s):

Michael J McDermott III Represented By Jerry Namba

Movant(s):

Leta Finch Represented By

David Stroud David P Stroud

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10480


Garland Chester and Juliet Chester


Chapter 13


#19.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 1-16-20, 2-27-20, 4-16-20, 6-18-20, 8-20-20

Docket 57

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Garland Chester Represented By Vaughn C Taus

Joint Debtor(s):

Juliet Chester Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11226


Adriana Elizabeth Velazquez


Chapter 13


#20.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 10-17-19, 11-21-19, 12-19-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20

FR. 8-20-20


Docket 1


Tentative Ruling:

Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m. Dtr to file supplemental evidence re: the potential sales of real property by the former mother-in-law by March 12, 2020.


Ruling for December 19, 2019: Continued to 1/16/20.


Ruling for 11/21/19:


Ruling for October 17, 2019: Continued to 11/21/19 at 10:00 a.m.


Party Information

Debtor(s):

Adriana Elizabeth Velazquez Represented By Reed H Olmstead

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11707


Jorge Gutierrez Gonzalez


Chapter 13


#21.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 1-16-20, 3-26-20, 5-21-20, 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jorge Gutierrez Gonzalez Represented By Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10192


Terry Lane


Chapter 13


#22.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 4-16-20, 6-18-20, 8-20-20

Docket 1

*** VACATED *** REASON: Continued to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Terry Lane Represented By

Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10294


Robert L. Magee


Chapter 13


#23.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert L. Magee Represented By Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10349


Patricia Ellen Davidson


Chapter 13


#24.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Patricia Ellen Davidson Represented By Matin Rajabov

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#25.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10357


Samuel Lawrence Dodd and Jamie Marie Dodd


Chapter 13


#26.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20, 8-20-20

Docket 1

*** VACATED *** REASON: Continued to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Samuel Lawrence Dodd Represented By Vaughn C Taus

Joint Debtor(s):

Jamie Marie Dodd Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10479


Heather M. Barreras


Chapter 13


#27.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20, 7-16-20, 8-20-20

Docket 24


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Heather M. Barreras Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10492


Briza O. Ramos and Hector Ramos


Chapter 13


#28.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Briza O. Ramos Represented By Tom A Moore

Joint Debtor(s):

Hector Ramos Represented By Tom A Moore

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10492


Briza O. Ramos and Hector Ramos


Chapter 13


#28.10 Hearing

RE: [25] Motion to Allow Claim Late-Filed Proof of Claim; Memorandum of Points and Authorities in Support Thereof (Richey, Cassandra)


Docket 25


Tentative Ruling:

The motion is unopposed. Grant.

Party Information

Debtor(s):

Briza O. Ramos Represented By Tom A Moore

Joint Debtor(s):

Hector Ramos Represented By Tom A Moore

Movant(s):

Matrix Financial Services Represented By Cassandra J Richey

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10656


Richard David Donald


Chapter 13


#29.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 8-20-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Richard David Donald Represented By Reed H Olmstead

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10759


Alexandra Dostrow


Chapter 13


#30.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 8-20-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alexandra Dostrow Represented By Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10801


Robert Davis Hoshaw


Chapter 13


#31.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 8-20-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Davis Hoshaw Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10801


Robert Davis Hoshaw


Chapter 13


#31.10 CONT'D Hearing

RE: [17] Motion for Setting Property Value Notice of Motion and Motion for Order Determining Value of Collateral [11 U.S.C. § 506(a), FRBP 3012]: 2012 Honda Accord EX Sedan 4D, with Proof of Service


FR. 8-20-20


Docket 17

Tentative Ruling:

Deny without prejudice. Either the debtor can rely on a KBB value, using the most appropriate condition input (let's say "fair," which is the lowest, and takes into account that there may be mechanical and cosmetic defects, need for tires, need for servicing the interior, paint, and/or body, etc.), or he can get an appraisal based on actual condition. The debtor can't use a KBB value he himself does not believe to be accurate, and then make his own adjustments to value without admissible evidence in support.

Party Information

Debtor(s):

Robert Davis Hoshaw Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

Robert Davis Hoshaw Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-10450


Miguel A. Gonzalez and Denise Gonzalez


Chapter 13


#32.00 Hearing

RE: [53] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 53

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Miguel A. Gonzalez Represented By Michael B Clayton

Joint Debtor(s):

Denise Gonzalez Represented By Michael B Clayton

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-10494


Stefanie C Krupp and Jared I Krupp


Chapter 13


#33.00 Hearing

RE: [67] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 67

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Stefanie C Krupp Represented By Carissa N Horowitz

Joint Debtor(s):

Jared I Krupp Represented By

Carissa N Horowitz

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-11596


Baldemar F Torres


Chapter 13


#34.00 Hearing

RE: [82] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 82

*** VACATED *** REASON: Withdrawn by Trustee on 9/4/2020 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Baldemar F Torres Represented By Michael B Clayton

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-11629


Lance Darren Milatz


Chapter 13


#35.00 Hearing

RE: [181] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 8-20-20


Docket 181

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Lance Darren Milatz Represented By

Richard Mark Garber

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-12209


Rocelie Alejo


Chapter 13


#36.00 CONT'D Hearing

RE: [100] Trustee's Motion to Dismiss Case Trustee Motion for Failure to Submit All Tax Refunds


FR. 6-18-20, 8-20-20


Docket 100

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rocelie Alejo Represented By Kevin T Simon

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-12357


Richard Nicholas Miller and Christine Ann Miller


Chapter 13


#37.00 Hearing

RE: [49] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 49

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard Nicholas Miller Represented By Russ W Ercolani

Joint Debtor(s):

Christine Ann Miller Represented By Russ W Ercolani

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-12437


Ronald James Wilson


Chapter 13


#38.00 Hearing

RE: [33] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 33

*** VACATED *** REASON: Continued to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ronald James Wilson Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11328


Gloria Contreras


Chapter 13


#39.00 Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 45

*** VACATED *** REASON: Trustee's motion was withdrawn on 9/3/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Gloria Contreras Represented By Daniel A Higson

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11943


Claudia Nunez


Chapter 13


#40.00 Hearing

RE: [60] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 1-16-20, 3-26-20, 6-18-20, 8-20-20


Docket 60

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m.


Party Information

Debtor(s):

Claudia Nunez Represented By Andrew S Mansfield Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-10470


Jorge A. Ledezma and Rebeca C. Ledezma


Chapter 13


#41.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 65

*** VACATED *** REASON: Trustee's motion was withdrawn on 9/3/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jorge A. Ledezma Represented By Andrew Moher

Joint Debtor(s):

Rebeca C. Ledezma Represented By Andrew Moher

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11626


Scott Rosson


Chapter 13


#42.00 CONT'D Hearing

RE: [91] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20, 7-16-20, 8-20-20


Docket 91


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Scott Rosson Represented By

Michael D Kwasigroch

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11670


Melissa Lynn Macneill


Chapter 13


#43.00 Hearing

RE: [62] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 8-20-20


Docket 62


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Melissa Lynn Macneill Represented By Joshua L Sternberg

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11931


Rebecca Jolene Borchers


Chapter 13


#44.00 Hearing

RE: [50] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 2-27-20, 5-21-20, 7-16-20


Docket 50

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rebecca Jolene Borchers Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-12096


Andrew Flores and Marlene Flores


Chapter 13


#45.00 HearingRE: [42] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Andrew Flores Represented By Julie J Villalobos

Joint Debtor(s):

Marlene Flores Represented By Julie J Villalobos

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10018


Mervlyn Thelma Kerr


Chapter 13


#46.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 5-21-20, 7-16-20


Docket 56

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Mervlyn Thelma Kerr Represented By Charles Shamash Joseph E. Caceres

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10060


Cristina Marie Pagan Nowling


Chapter 13


#47.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 4-16-20, 6-18-20, 8-20-20


Docket 62


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cristina Marie Pagan Nowling Represented By Kevin T Simon

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10410


Sherilyn Ann Nelson


Chapter 13


#48.00 CONT'D Hearing

RE: [25] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 8-20-20


Docket 25

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sherilyn Ann Nelson Represented By Christian J Younger

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10455


Kyle Nicholas McReynolds


Chapter 13


#49.00 HearingRE: [46] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kyle Nicholas McReynolds Represented By Daniel King

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10517


Jose Suayan


Chapter 13


#50.00 Hearing

RE: [84] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 84


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Suayan Represented By

Roy M Holland

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10517


Jose Suayan


Chapter 13


#50.10 Hearing

RE: [86] Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


Docket 86


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Suayan Represented By

Roy M Holland

Movant(s):

Jose Suayan Represented By

Roy M Holland Roy M Holland Roy M Holland Roy M Holland Roy M Holland

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10517


Jose Suayan


Chapter 13


#50.20 Hearing

RE: [98] Application for Compensation for Roy M Holland, Debtor's Attorney, Period: 7/1/2020 to 9/17/2020, Fee: $2500.00, Expenses: $41.75.


Docket 98


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Suayan Represented By

Roy M Holland

Movant(s):

Jose Suayan Represented By

Roy M Holland Roy M Holland Roy M Holland Roy M Holland Roy M Holland

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10563


Randal John Vasquez and Courtney Page Vasquez


Chapter 13


#51.00 HearingRE: [42] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Randal John Vasquez Represented By

Rabin J Pournazarian

Joint Debtor(s):

Courtney Page Vasquez Represented By

Rabin J Pournazarian

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10756


Alvaro Manuel Arguello


Chapter 13


#52.00 Hearing

RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 31

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alvaro Manuel Arguello Represented By Ali R Nader

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10801


Naomi Garcia


Chapter 13


#53.00 Hearing

RE: [43] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 43

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Naomi Garcia Represented By Vaughn C Taus

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10906


Jason Bruce Leaseburg and Melanie Kate Leaseburg


Chapter 13


#54.00 Hearing

RE: [35] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20, 8-20-20


Docket 35

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jason Bruce Leaseburg Represented By Matthew D. Resnik

Joint Debtor(s):

Melanie Kate Leaseburg Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10977


Karin Maria Cybulski


Chapter 13


#55.00 HearingRE: [47] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Karin Maria Cybulski Represented By Christian J Younger

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11352


Jay Brian Schoen


Chapter 13


#56.00 Hearing

RE: [71] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 71

*** VACATED *** REASON: Continued to October 22, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jay Brian Schoen Represented By Rob R Nichols

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11708


Elizabeth Rivera


Chapter 13


#57.00 CONT'D Hearing

RE: [27] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 8-20-20


Docket 27


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Elizabeth Rivera Represented By Steven A Alpert

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10424


Carol M Shilkett


Chapter 13


#58.00 Motion RE: Objection to Claim Number 7 by Claimant Wilmington Trust, National Association, Not in its Individual Capacity, but solely as Trustee for MFRA Trust 2015-2. Filed by Debtor Carol M Shilkett (Attachments: # 1 Declaration of Debtor) (Warshaw, Andy)


Docket 106


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Carol M Shilkett Represented By Andy C Warshaw

Movant(s):

Carol M Shilkett Represented By Andy C Warshaw

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10755


Christopher John Sanchez


Chapter 13


#59.00 Hearing

RE: [23] Motion to Avoid Lien JUDICIAL LIEN with Ted Silverberg Notice of Motion and Motion to Avoid Lien Under 11 U.S.C. § 522(f) (Real Property): 2699 North Velarde Drive, Thousand Oaks, CA 91360; Declarations of Christopher John Sanchez and Jennifer Landon in Support Thereof, with Proof of Service


FR. 8-20-20


Docket 23

*** VACATED *** REASON: Resolved by stipulation Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher John Sanchez Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

Christopher John Sanchez Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11493


Valerie Michelle Romo


Chapter 13


#60.00 CONT'D Hearing

RE: [57] Motion and Notice of Motion TO REINSTATE ORDER AND AUTOMATIC STAY UNDER THE ADEQUATE PREOTCTION AGREEMENT WITH THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR REGISTERED HOLDERS OF CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-7 DATED AUGUST 16, 2019, with Proof of

Service


FR. 6-18-20, 7-16-20, 8-20-20


Docket 57


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Valerie Michelle Romo Represented By Nathan Berneman

Movant(s):

Valerie Michelle Romo Represented By Nathan Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9: Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1600512100

ZoomGov meeting number: 160 051 2100

Password: 479223

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:17-10879


Guillermo M Magana


Chapter 13


#1.00 HearingRE: [40] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 608 Sycamore Street, Santa Paula, CA 93060 .


Docket 40


Tentative Ruling:

Appearances required.


Debtor(s):


Party Information

Guillermo M Magana Represented By Scott Kosner

Movant(s):

U.S. Bank Trust National Represented By

Lemuel Bryant Jaquez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10342


Jason Isaac Ignacio


Chapter 13


#2.00 Hearing

RE: [27] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 Toyota Highlander with Proof of Service. (Martinez, Kirsten)


Docket 27

*** VACATED *** REASON: Stipulated APO entered on 9/18/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jason Isaac Ignacio Represented By Nicholas M Wajda

Movant(s):

Global Lending Services LLC Represented By Kirsten Martinez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10716


Joelle Marie Mancuso


Chapter 7


#3.00 Hearing

RE: [16] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Nissan Titan with Proof of Service. (Martinez, Kirsten)


Docket 16


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Joelle Marie Mancuso Represented By Vernon L Ellicott

Movant(s):

Nissan Motor Acceptance Represented By

11:30 AM

CONT...


Trustee(s):


Joelle Marie Mancuso


Kirsten Martinez


Chapter 7

Jerry Namba (TR) Pro Se

11:30 AM

9:17-11394


Linda Fay Heller


Chapter 7


#4.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee McBeth. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (fsy))


Docket 64

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Linda Fay Heller Represented By Karen L Grant

Trustee(s):

Sandra McBeth (TR) Represented By Sandra McBeth

11:30 AM

9:18-12117


James W. Monti


Chapter 7


#5.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Sandra K. McBeth. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (pg))


Docket 41

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

James W. Monti Represented By Brent D George

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder

11:30 AM

9:19-10449


Farshad Fasihi Harandi


Chapter 7


#6.00 HearingRE: [259] Motion for extension of time to file a complaint objecting to discharge Pursuant to 11 U.S.C. § 727; Declaration of David Seror in Support Thereof (Seror (TR), David)


Docket 259


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

Grant. Deadline is extended to 12/31/2020. Movant to lodge order within seven days.

Party Information

Debtor(s):

Farshad Fasihi Harandi Pro Se

Movant(s):

David Seror (TR) Represented By Jessica L Bagdanov

Trustee(s):

David Seror (TR) Represented By Jessica L Bagdanov

11:30 AM

9:19-10449


Farshad Fasihi Harandi


Chapter 7


#7.00 HearingRE: [262] Motion for extension of time to file a complaint objecting to discharge to Dismiss under Section 707(b); Declaration of Kenneth M. Misken with proof of service (Misken, Kenneth)


Docket 262


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

Grant. Deadline is extended to 12/31/2020. Movant to lodge order within seven days.

Party Information

Debtor(s):

Farshad Fasihi Harandi Pro Se

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi Kenneth Misken

Trustee(s):

David Seror (TR) Represented By Jessica L Bagdanov

11:30 AM

CONT...


Farshad Fasihi Harandi


Chapter 7

11:30 AM

9:20-11020


Rowland W. Twisselman and Catherine A. Twisselman


Chapter 12


#8.00 HearingRE: [13] Motion to Use Cash Collateral with proof of service


Docket 13


Tentative Ruling:

Have the parties finalized a stipulation and order?

Party Information

Debtor(s):

Rowland W. Twisselman Represented By William C Beall

Joint Debtor(s):

Catherine A. Twisselman Represented By William C Beall

Movant(s):

Rowland W. Twisselman Represented By William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall

Catherine A. Twisselman Represented By William C Beall William C Beall

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:17-10918


Jonathan David Startz


Chapter 11


#9.00 HearingRE: [285] Application for Compensation First Interim Application by Resnik Hayes Moradi LLP, General Bankruptcy Counsel for the Debtor, For Allowance of Fees and Reimbursement of Costs for the Period September 6, 2017 Through July 27, 2020; Declarations of Jonathan David Startz and Roksana D. Moradi-Brovia in Support Thereof, with Proof of Service for Roksana D. Moradi-Brovia, Debtor's Attorney, Period: 9/6/2017 to 7/27/2020, Fee: $130,878.50, Expenses: $1,217.79.


Docket 285


Tentative Ruling:

How much cash is on hand now?

Party Information

Debtor(s):

Jonathan David Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

Jonathan David Startz Represented By Matthew D. Resnik Matthew D. Resnik Matthew D. Resnik Matthew D. Resnik

Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia Roksana D. Moradi-Brovia

11:30 AM

9:15-12199


Aimee Nozzi


Chapter 11


#10.00 HearingRE: [490] Application for Compensation Final Fee Application; Supplement to Motion; Declarations of Gerald Serlin and Aimee Nozzi for Gerald Serlin, Special Counsel, Period: 11/9/2015 to 6/3/2017, Fee: $134466.07, Expenses: $1,191.83.


Docket 490


Tentative Ruling:

Approve fees of $130,878.50 and expenses of $1,217.79 (the court can't replicate counsel's calculations).

Party Information

Debtor(s):

Aimee Nozzi Represented By

Stella A Havkin

Movant(s):

Gerald Serlin Pro Se

11:30 AM

9:15-12199


Aimee Nozzi


Chapter 11


#11.00 HearingRE: [493] Application for Compensation Final Fee Application; Supplement and Declaration of Stella Havkin as well as application for approval on a final basis of interim fee applications for Stella A Havkin, Debtor's Attorney, Period: 8/1/2017 to 8/28/2020, Fee: $45,190, Expenses: $1603.66.


Docket 493

Tentative Ruling:

Approve final fees and expenses in the following amounts: $152,706.60 and expenses of $5,824.31(the court is unable to verify additional amounts).

Party Information

Debtor(s):

Aimee Nozzi Represented By

Stella A Havkin

Movant(s):

Aimee Nozzi Represented By

Stella A Havkin

11:30 AM

9:16-11624


Leo Rito Sandoval, Jr


Chapter 11


#12.00 HearingRE: [207] Motion to set aside RE: July 8, 2020 Ruling Granting United States Trustee's Motion to Dismiss Case ; Memorandum of Points and Authorities in Support (Metzger, Matthew)


Docket 207


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


Grant. Movant to lodge order within seven days.

Party Information

Debtor(s):

Leo Rito Sandoval Jr Represented By Matthew D Metzger

Amelia Puertas-Samara

Movant(s):

Leo Rito Sandoval Jr Represented By Matthew D Metzger Matthew D Metzger Matthew D Metzger Matthew D Metzger

Amelia Puertas-Samara

11:30 AM

CONT...


Leo Rito Sandoval, Jr


Amelia Puertas-Samara Amelia Puertas-Samara Amelia Puertas-Samara


Chapter 11

11:30 AM

9:16-11624


Leo Rito Sandoval, Jr


Chapter 11


#13.00 HearingRE: [209] Motion ("Debtor's Motion for Entry of Chapter 11 Discharge") (Metzger, Matthew)


Docket 209


Tentative Ruling:

This motion could have been combined with a motion for final decree.


No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


Grant. Movant to lodge order within seven days.

Party Information

Debtor(s):

Leo Rito Sandoval Jr Represented By Matthew D Metzger

Amelia Puertas-Samara

Movant(s):

Leo Rito Sandoval Jr Represented By Matthew D Metzger Matthew D Metzger Matthew D Metzger Matthew D Metzger

Amelia Puertas-Samara

11:30 AM

CONT...


Leo Rito Sandoval, Jr


Amelia Puertas-Samara Amelia Puertas-Samara Amelia Puertas-Samara


Chapter 11

11:30 AM

9:17-11684


Luis D. Martinez


Chapter 11


#14.00 Amended Disclosure Statement (Third Amended) with Proof of Service Thereof Filed by Debtor Luis D. Martinez (RE: related document(s)104 Disclosure Statement First Amended and Proof of service Filed by Debtor Luis D. Martinez.). (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5 Exhibit E # 6 Exhibit F # 7 Exhibit G # 8 Exhibit H # 9 Proof of Service) (Bensamochan, Eric)


Docket 231


Tentative Ruling:

Over the long history of this case (not to mention the prior case), the explanations of what is going on with the Carpinteria Property have always been perplexing. At the outset of this case, the Debtor claimed to be renting it to an unrelated woman paying $6,800, who also happened to pay his counsel’s retainer. Later, he claimed that the rent was only $6,000. It also came to light that the Debtor claimed that he and his family lived there, which seemed improbable if a stranger was paying $6,000 to live in a single-family residence. The Debtor later claimed to have moved, but he never said to where he moved, and he never changed his address. The Debtor now describes the Carpinteria Property as his primary residence. He also claims to be renting it out via www.ef.edu, which he does not explain, but appears to be a student foreign exchange program. He claims he is renting to a "bevy" of students and non-students.


The vague documents attached to the disclosure statement suggest that he has nine tenants living in the Carpinteria Property with his family.

Including his wife and daughter (whose attached paystubs list the property as their address), that would mean twelve people are living in the Carpinteria Property, a 2,000 square foot single-family residence. It could be true, but there is no evidence to support it or whether this is permissible under local law, and the court (and anyone reading the Disclosure Statement) would question how the Debtor generates income and uses the Carpinteria Property.


The Debtor also claims that documents attached to the third amended disclosure statement (the "Disclosure Statement," Docket No. 230) support

11:30 AM

CONT...


Luis D. Martinez


Chapter 11

sufficient income to fund his plan. Exhibt A are an assortment of Uber driving tax summaries and Meals on Wheels invoices that he does not total, but that the court calculates as showing a total of $10,474.12 (just a little more than one monthly payment of the regular amount due plus postpetition arrears payment on the Carpinteria Property).


Exhibit B are "contribution declarations" from the Debtor’s wife, daughter, and son as to monthly support of $1,200, $700, and $500 per month, respectively. None of these declarations include a commitment to maintain the support for the full term of the plan. According to Sabrina Martinez’s attached paystubs, she takes home about $900 every two weeks, so a contribution of $1,200/month is well over half of her take-home income. For Jessica Martinez, a contribution of $700/month appears to be about a quarter of her monthly take-home pay – though the information provided is for a very limited amount of time, so the court does not know if her income is regular and stable. For Jason Martinez, $500 appears to be almost half of his take-home pay.


The Debtor claims that he makes additional income renting rooms in the Carpinteria Property (which is supposedly a 4-bedroom house in which the Debtor and other members of his family live, but which the documents appear to show housed up to an additional nine tenants). He rented to students, but admits that students stopped renting due to COVID-19. He says now that he rents rooms to non-students and has "essentially replaced" the income, but all he provides as evidence is pre-COVID evidence regarding rental to students.

In support of his last plan, the Debtor also claimed he would have a massive increase in future income purportedly based on his work as a real estate broker. He offered what was supposedly evidence of expected future commissions. He still lists "estimated earnings" with "pipeline clients," but offers no evidence of actual income or what the basis for the "potential commissions" are.


The Debtor’s projected cash flow (Exhibit H) has some glaring issues:



Perhaps most glaring is the fact that the court is unable to find any clear information in the Disclosure Statement as to what the Debtor’s payments will be under his plan. The cash flow statement doesn’t reflect any payments to creditors other than ongoing mortgage payments.


The Plan and Disclosure Statement are confusing as to the treatment of the first trust deed claim on the Carpinteria Property. The APO calls for payments of $3,000/month toward postpetition arrears until a plan is confirmed, and it appears the Debtor has just duplicated that language into his plan. Does that mean that he proposes to continue paying $3,000/month after the term of the APO under the Plan?


As to the rental income for the Oxnard and Lompoc Properties and possible unexpired leases the Debtor has never provided any information as to the various tenants of his properties or the terms of their tenancy. Counsel

11:30 AM

CONT...


Luis D. Martinez


Chapter 11

included boilerplate information about executory contracts and unexpired leases in the Plan and Disclosure Statement, but the Debtor does not specify any leases, and it does not appear that any tenant has ever been served in this case.


The Debtor scheduled, and includes in his liquidation analysis, vacant land in Pine Mountain Club. This land is the basis for the Class 4 secured HOA claim. The Plan provides for payment of the claim, but does not provide for ongoing HOA dues payments, and the Disclosure Statement does not include such payments in his cash flow statement.


There is no information in the Disclosure Statement from which the court can tell how the Debtor will pay his counsel’s estimated $20,000 in fees.


The court cannot approve this document.


Party Information

Debtor(s):

Luis D. Martinez Represented By

Eric Bensamochan

11:30 AM

9:17-11618


Selfridge Partners, LLC


Chapter 11


#15.00 CONT'D Hearing

RE: [210] U.S. Trustee Motion to dismiss or convert case; Declaration of Alfred Cooper III with proof of service . (Fittipaldi, Brian)


FR. 7-21-20, 8-25-20


Docket 210


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Selfridge Partners, LLC Represented By William E. Winfield

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:17-11618


Selfridge Partners, LLC


Chapter 11


#16.00 CONT'D Confirmation Hearing

RE: [147] Debtor's Proposed Chapter 11 Plan of Reorganization FR. 1-21-20, 3-3-20, 5-5-20, 5-18-20, 7-23-20, 8-25-20


Docket 147


Tentative Ruling:

It appears that this plan can now be confirmed.

Party Information

Debtor(s):

Selfridge Partners, LLC Represented By William E. Winfield

11:30 AM

9:18-12087


Green Pharmaceuticals, Inc.


Chapter 11


#17.00 CONT'D Chapter 11 Status Conference


FR. 7-21-20


Docket 1

Tentative Ruling:

Continue as the Debtor requests. Available dates are December 9 and December 21.

Party Information

Debtor(s):

Green Pharmaceuticals, Inc. Represented By Steven R Fox

W. Sloan Youkstetter Janis G Abrams

11:30 AM

9:19-11240

Caroline Marie De Laurell

Chapter 11

#18.00 Post-Confirmation Status Conference

Docket 1

*** VACATED *** REASON: Order clsoing case on interim basis was entered on 6/9/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Caroline Marie De Laurell Represented By Michael Jones Sara Tidd

11:30 AM

9:20-10994


CPES California, Inc.


Chapter 11


#19.00 Chapter 11 Status Conference


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

CPES California, Inc. Represented By Ryan M Salzman

11:30 AM

9:11-13066


Ventura M Juarez


Chapter 7

Adv#: 9:19-01039 McBeth v. Platinum Investments Group, LLC et al


#20.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01039. Complaint by Sandra K. McBeth against Platinum Investments Group, LLC, Idalid Byrns, Ryan Byrns. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)) (Torres, Felicita)


FR. 10-10-19, 12-5-19, 5-5-20, 8-4-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ventura M Juarez Represented By

Michael Grennier - INACTIVE -

Defendant(s):

Platinum Investments Group, LLC Represented By

Reed H Olmstead

Idalid Byrns Represented By

Reed H Olmstead

Ryan Byrns Represented By

Reed H Olmstead

Joint Debtor(s):

Catalina G Juarez Represented By

Michael Grennier - INACTIVE -

Plaintiff(s):

Sandra K. McBeth Represented By

11:30 AM

CONT...


Trustee(s):


Ventura M Juarez


Felicita A Torres


Chapter 7

Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres

11:30 AM

9:17-12292


Christopher Scott Wilson


Chapter 7

Adv#: 9:18-01071

Wilson v. United States Department of Education

Telephonic Hearing

#21.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01071. Complaint by Christopher Scott Wilson against United States Department of Education. Nature of Suit: (63 (Dischargeability - 523(a)(8), student loan)),(72 (Injunctive relief - other)) (Ridley, Eric)


FR. 2-12-19, 5-28-19, 10-15-19, 2-18-20, 6-16-20


Docket 1

*** VACATED *** REASON: Order granting stipulation to dismiss adversary was entered on 7/20/20. Case closed.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher Scott Wilson Represented By Eric Ridley

Defendant(s):

United States Department of Represented By Elan S Levey

Plaintiff(s):

Christopher Scott Wilson Represented By Eric Ridley

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:18-10645


Sebastian DonDiego


Chapter 7

Adv#: 9:19-01011 Faith, Chapter 7 Trustee v. Dondiego


#22.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01011. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Delia Dondiego. (Charge To Estate). Complaint for: (1) Avoidance of Fraudulent Transfer; (2) Recovery of Avoided Transfer; (3) Turnover of Property of the Estate; and (4) For Attorneys' Fees and Costs (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)) (Triplett, Meghann)


FR. 4-16-19, 6-12-19, 1-7-20, 1-8-20, 3-9-20


Docket 1

*** VACATED *** REASON: Continued by stipulated order to 3/23/2021 at 11:30 AM.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sebastian DonDiego Represented By Daniel A Higson

Defendant(s):

Delia Dondiego Represented By Daniel A Higson

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Meghann A Triplett

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan

11:30 AM

CONT...


Sebastian DonDiego


Meghann A Triplett


Chapter 7

11:30 AM

9:20-10242


Anita Louise Laux


Chapter 7

Adv#: 9:20-01038 McBeth v. Sanchez, Jr.


#23.00 Status HearingRE: [1] Adversary case 9:20-ap-01038. Complaint by Sandra K. McBeth against Manuel Sanchez Jr.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Beall, William)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Anita Louise Laux Pro Se

Defendant(s):

Manuel Sanchez Jr. Pro Se

Plaintiff(s):

Sandra K. McBeth Represented By William C Beall

Trustee(s):

Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz

11:30 AM

2: - Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/1617455184

ZoomGov meeting number: 161 745 5184

Password: 442827

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."

Docket 0

Tentative Ruling:

11:30 AM

CONT... Chapter

- NONE LISTED -

11:30 AM

1:19-12841


Michael John Bostic


Chapter 11


#1.00 Confirmation Hearing RE: [46] Chapter 11 Plan of Reorganization


Docket 46

*** VACATED *** REASON: Rescheduled to 10/7/20 at 11:30 AM; Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael John Bostic Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

1:20-11202

Hilary Taylor Johnson

Chapter 11

#2.00 CONTD. Hearing RE: [10] Motion to Use Cash Collateral fr. 8-5-20

Docket 10


Tentative Ruling:

The court has questions, in particular regarding the rental income actually being received and the debtor's ability to make adequate protection payments. The cash collateral budget is materially different from the schedules filed the same day.


Is this rental property even estate property?


The court will need independent evidence of rental income and expenditures made on the property beyond what has been already provided.

Party Information

Debtor(s):

Hilary Taylor Johnson Represented By Onyinye N Anyama

11:30 AM

1:20-11205


Mokhim Rasooli


Chapter 11


#3.00 Hearing RE: [18] U.S. Trustee Motion to dismiss or convert Case; Fr. 8-26-20,9-9-20


Docket 18


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mokhim Rasooli Pro Se

11:30 AM

1:20-11205


Mokhim Rasooli


Chapter 11


#4.00 Chapter 11 Scheduling and Case Management Conference fr. 8-26-20,9-9-20


Docket 5


Tentative Ruling:

11:30 AM

1:20-10969


33 Valley, LLC


Chapter 11


#1.00 Hearing RE: [39] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 14533 Valley Vista Blvd., Sherman Oaks, CA 91403


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

33 Valley, LLC Represented By Raymond H. Aver

11:30 AM

1:19-12866


Studio Production Center, Inc.


Chapter 11


#2.00 Hearing RE: [76] Motion to Dismiss Chapter 11 case


Docket 76

Tentative Ruling:

In light of the strong preference of the Debtor’s two largest creditors (or at least its largest creditor) for conversion, the apparent availability of at least some assets that could be liquidated for the benefit of creditors, and the lack of evidence offered by the Debtor to support a finding that dismissal would be in the best interests of creditors and the estate, conversion seems more appropriate here.

Party Information

Debtor(s):

Studio Production Center, Inc. Represented By Mark E Brenner Mark E Brenner

11:30 AM

1:19-12500

Ketab Corporation

Chapter 11

#3.00 Hearing RE: [94] Motion for Relief from Disallowance of Claim Pursuant to FRCP Rule 60 and FRBP Rule 3008

Docket 94

*** VACATED *** REASON: Continued by Stip. to 10/21/2020 at 11:30 AM;

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ketab Corporation Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#4.00 CONTD. Hearing RE: [29] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1001 North Beverly Glenn Blvd,

Los Angeles, CA 90077


fr. 11-20-19, 1-7-20, 1-8-20

fr. 3-10-20, 4-29-20

Fr. 7-1-20 fr.8-26-20 fr. 9-3-20


Docket 29

*** VACATED *** REASON: Contd. by Stip. to 10/21/20 at 11:30 AM Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

DEUTSCHE BANK NATIONAL Represented By

Nathan F Smith

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#5.00 CONTD. Hearing RE: [52] Motion for Setting Property Value (Corrected Motion)


fr. 1-8-20,3-10-20, 4-29-20

Fr. 7-1-20 fr.8-26-20 fr. 9-3-20


Docket 52

*** VACATED *** REASON: Contd. by Stip. to 10/21/20 at 11:30 AM Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#6.00 Contd. Hearing RE: [42] Motion for approval of chapter 11 disclosure statement


fr. 1-7-20, 1-8-20,3-10-20, 4-29-20

Fr. 7-1-20,9-3-20,


Docket 42

*** VACATED *** REASON: Contd. by Stip. to 10/21/20 at 11:30 AM Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#7.00 CONT'D. Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual.


fr.9-10-19, 11-6-19, 11-20-19

fr. 1-7-20, 1-8-20,3-10-20

fr. 4-29-20

Fr. 7-1-20 fr.8-26-20 fr. 9-3-20


Docket 1

*** VACATED *** REASON: Contd. by Stip. to 10/21/20 at 11:30 AM Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

1:19-12841

Michael John Bostic

Chapter 11

#8.00 Confirmation Hearing RE: [46] Chapter 11 Plan of Reorganization fr. 9-23-20

Docket 46


Tentative Ruling:

Why is the "new value" contribution so low? Does it satisfy the standard?

Party Information

Debtor(s):

Michael John Bostic Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

12:30 PM

2: -


ZoomGov Information


Chapter


#0.00 All hearings on this 12:30 PM calendar will be conducted remotely, using ZoomGov video and audio.


Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/1603133084


ZoomGov meeting number: 160 313 3084

Password: 078019

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666


Docket 0


Tentative Ruling:

- NONE LISTED -

12:30 PM

2:20-17570


Alexx Brown, LLC


Chapter 11


#1.00 Hearing RE: [22] U.S. Trustee Motion to dismiss or convert or Appoint a Chapter 11 Trustee;

fr. 9-24-20


Docket 22

*** VACATED *** REASON: Order Entered-Matter Off Calendar Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

12:30 PM

2:20-17570

Alexx Brown, LLC

Chapter 11

#2.00 Case Management Status Hearing RE: [1] Chapter 11 Voluntary Petition Non- Individual. LLC;

fr. 9-24-20

Docket 1

Tentative Ruling:

While the court understands that the debtor was unable for some time to access some information about its business, the debtor has not requested or been granted any excuse for not filing any status report in this case (as of 10/6/20). Given the continuing compliance stipulation with the UST, presumably the debtor has some information it could have reported to the court.

Party Information

Debtor(s):

Alexx Brown, LLC Represented By Andrew Goodman

12:30 PM

2:20-17570

Alexx Brown, LLC

Chapter 11

Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al

#3.00 Hearing RE: [5] Motion for Preliminary Injunction

Docket 5

*** VACATED *** REASON: Cont'd. by Stip. to 10/20/20 at 11:30AM; Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

Defendant(s):

Alexxander Brown Pro Se

John Does 1-10 Pro Se

Plaintiff(s):

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

2:00 PM

9: - Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1608628792 ZoomGov meeting number: 160 862 8792

Password: 881571

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

2:00 PM

9:20-10554


Community Provider of Enrichment Services, Inc.


Chapter 11


#1.00 CONTD. Hearing

RE: [256] Motion of California Debtors for Entry of (I) an Order (A) Authorizing and Approving the California Debtors' Entry Into and Assumption of the Stalking Horse Asset Purchase Agreement, (B) Authorizing and Approving Bidding Procedures and Break-Up Fee, (C) Approving Notice Procedures, (D) Scheduling a Sale Hearing, and (E) Approving Procedures for Assumption and Assignment of Certain Executory Contracts and Unexpired Leases and Determining Cure Amounts; and (II) an Order (A) Authorizing the Sale of Substantially all of the California Debtors' Assets Free and Clear of All Liens, Claims, Encumbrances, and Interests, (B) Authorizing the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases; Memorandum of Points and Authorities in Support Thereof (Salzman, Ryan)


FR. 9-8-20, 10-6-20


Docket 256


Tentative Ruling:

This matter will be last on the calendar on 10/6.


The movant's main counsel must appear by video and walk through cause for all relief requested. Be sure to address any pending objections.

Party Information

Debtor(s):

Community Provider of Enrichment Represented By

Ryan M Salzman

Movant(s):

Community Provider of Enrichment Represented By

Ryan M Salzman Ryan M Salzman Ryan M Salzman

11:30 AM

9: Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1609579999

ZoomGov meeting number: 160 957 9999

Password: 050671

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et


#1.00 CONT'D Status Hearing

RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)


FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19

ADVANCED FROM 1-8-20, 1-7-20, 2-4-20, 4-28-20, 8-25-20


Docket 156


Tentative Ruling:

The court understands that mediation was not successful.


The dates in the status report for trial are pretty different. When would you suggest a trial date?


Initial disclosures need to be completed in accordance with the rules. Are the parties really going to argue about this?


When do Defendants plan to file their summary judgment motion? Do Plaintiffs intend to file a similar motion? When?

The court can set dates for full compliance for initial disclosures, other discovery

11:30 AM

CONT...


Channel Technologies Group, LLC


Chapter 11

deadlines, and a further status conference. Other deadlines might be appropriate now too.

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

Blue Wolf Capital Partners, LLC Represented By

Christopher O Rivas Howard Steinberg

Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg

Gladstone Investment Corporation Represented By

Cheryl S Chang Craig N Haring

Blue Wolf Capital Advisors L.P. Represented By

Christopher O Rivas Howard Steinberg

BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg

CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin

CTS Corporation Represented By Jonathan Boustani Paul J Laurin

Electro Optical Industries Represented By

11:30 AM

CONT...


Channel Technologies Group, LLC


Peter J Benvenutti Tobias S Keller David A Taylor


Chapter 11

Duff & Phelps Represented By Christopher O Rivas

CIT BANK, N.A. Pro Se

Plaintiff(s):

Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia

11:30 AM

9:18-12079


Super98, LLC


Chapter 7

Adv#: 9:20-01023 Namba, Chapter 7 Trustee v. Quinn Emanuel Urquhart & Sullivan, LLP


#2.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01023. Complaint by Jerry Namba, Chapter 7 Trustee against Quinn Emanuel Urquhart & Sullivan, LLP. (Charge To Estate). Nature of Suit: (91 (Declaratory judgment)),(12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other)) (Tedford, John)


FR. 4-28-20, 5-18-20, 6-16-20, 7-8-20, 7-21-20


Docket 1


Tentative Ruling:

The court understands that the parties need about a year to complete discovery and won't be ready for trial until the spring of 2022.


What deadlines would the parties like the court to set at this time?

Party Information

Debtor(s):

Super98, LLC Represented By

Kevin M. Sullivan

Defendant(s):

Quinn Emanuel Urquhart & Represented By Jennifer L Nassiri

Kenneth John Shaffer

Plaintiff(s):

Jerry Namba, Chapter 7 Trustee Represented By

Sonia Singh

John N Tedford IV Eric P Israel Michael G D'Alba

11:30 AM

CONT...

Trustee(s):


Super98, LLC


Chapter 7

Jerry Namba (TR) Represented By

John N Tedford IV Eric P Israel

11:30 AM

9:19-10047


Kipley James Lytel


Chapter 7

Adv#: 9:19-01014 Williams v. Lytel


#3.00 HearingRE: [47] Motion For Summary Judgment Notice of Motion for Summary Judgment Against Plaintiff; Memorandum of Points and Authorities; Declaration of M. Jonathan Hayes in Support Thereof, with Proof of Service


Docket 47

Tentative Ruling:


The inquiry for today is whether the arbitration report findings preclude the litigation now before this court. The claims in arbitration were breach of fiduciary duty, negligent misrepresentation, negligence, intentional misrepresentation, and breach of contract. In this adversary proceeding, the claim is for fraud or defalcation while acting in a fiduciary capacity. Similar analysis may be involved, but the issues are not identical. It's important to note that while there was a finding of no intentional fraud, defalcation can be found without a finding of intent to defraud. In re Lewis, 97 F.3d 1182, 1187 (9th Cir. 1996).


And there are numerous factual issues related to whether a trust existed between the Plaintiff and Defendant.


It doesn't appear that the movant has established that summary judgment is appropriate here.


Party Information

Debtor(s):

Kipley James Lytel Represented By Matthew D. Resnik

Defendant(s):

Kipley James Lytel Represented By

M. Jonathan Hayes

Movant(s):

Kipley James Lytel Represented By

11:30 AM

CONT...


Kipley James Lytel


M. Jonathan Hayes


Chapter 7

Plaintiff(s):

Oscar Williams Represented By William C Beall

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan

11:30 AM

9:19-10047


Kipley James Lytel


Chapter 7

Adv#: 9:19-01014 Williams v. Lytel


#4.00 CONT'D Status Hearing

RE: [25] Amended Complaint with proof of service by William C Beall on behalf of Oscar Williams against Kipley James Lytel. (RE: related document(s)1 Adversary case 9:19-ap-01014. Complaint by Oscar Williams, Kipley James Lytel against Kipley James Lytel. (Beall, William)


FR. 12-5-19, 2-18-20, 5-5-20, 6-16-20


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kipley James Lytel Represented By Matthew D. Resnik

Defendant(s):

Kipley James Lytel Represented By

M. Jonathan Hayes

Plaintiff(s):

Oscar Williams Represented By William C Beall

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan

11:30 AM

9:19-11766


Joshua Michael Luster


Chapter 7

Adv#: 9:20-01015 Atkinson v. Luster et al


#5.00 CONTD. Status Hearing

RE: [1] Adversary case 9:20-ap-01015. Complaint by Dora Atkinson against Joshua Michael Luster, Katherine Michelle Luster, Luster Construction, Hudson Insurance Company, Gary Luster, and DOES 1-10. willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Kwasigroch, Michael)

FR. 4-13-20, 5-18-20, 8-25-20


AND

Status Hearing

RE: [6] Counterclaim by Joshua Michael Luster, Katherine Michelle Luster against Michael Kwasigroch, Dora Atkinson (Faucher, John)


Docket 6


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Joshua Michael Luster Represented By John D Faucher

Defendant(s):

Joshua Michael Luster Represented By John D Faucher

Katherine Michelle Luster Represented By John D Faucher

Luster Construction Services Corp. Pro Se DOES 1-10 Pro Se

11:30 AM

CONT...


Joshua Michael Luster


Chapter 7

Joint Debtor(s):

Katherine Michelle Luster Represented By John D Faucher

Plaintiff(s):

Dora Atkinson Represented By

Michael D Kwasigroch

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9: Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1601561780

ZoomGov meeting number: 160 156 1780

Password: 142138

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:18-10685


Rocelia Rodriguez Solis


Chapter 13


#1.00 CONTD. Hearing

RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 205 S Sage St, Lompoc, California 93436-6422 with Exhibits and Proof of Service. (Zahradka, Robert)


FR. 5-7-20, 5-13-20, 8-4-20


Docket 44

*** VACATED *** REASON: Case was dismisssed on 9-11-2020.

Tentative Ruling:

At the hearing on 5/13/20, the Movant reported that the Debtor had received forbearance through July. The Movant requested a continuance to August to see whether the Debtor would be able to pay arrears at that point.


Please update the court.


Debtor(s):


Party Information

Rocelia Rodriguez Solis Represented By James C Ames

Movant(s):

Quicken Loans Inc. Represented By Robert P Zahradka

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-11154


Sammie Pearl Stones


Chapter 13


#1.10 HearingRE: [14] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 15112 Varsity Street, Unit E, Moorpark, CA 93021 with proof of service.


Docket 14


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sammie Pearl Stones Represented By

Rabin J Pournazarian

Movant(s):

Sammie Pearl Stones Represented By

Rabin J Pournazarian Rabin J Pournazarian

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#1.20 CONT'D Hearing

RE: [63] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1759 Starpine Way, Simi Valley, CA 93065 with proof of service.


FR. 8-25-20


Docket 63


Tentative Ruling:

The Movant has not provided caselaw showing that failure to make postpetition HOA assessment payments constitutes "cause" under § 362(d) (1). The court understands from the motion that the Debtors have only missed two payments of $112 each.

Party Information

Debtor(s):

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Movant(s):

Simi Village Homeowners Represented By

Misty A Perry Isaacson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11733


Pablo Valencia


Chapter 13


#2.00 CONTD. Hearing

RE: [50] Motion to vacate order Motion for Relief From Stay, Filed by Debtor FR. 7-21-20, 9-14-20

Docket 50

*** VACATED *** REASON: Resolved by Stipulation and Order (Entered 10/2/20).

Tentative Ruling:

Please update the court on whether the parties were able to resolve this matter.

Party Information

Debtor(s):

Pablo Valencia Represented By Matthew D. Resnik

Movant(s):

Pablo Valencia Represented By Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11383


Canyon Crest Ranch Partners-Moorpark, LLC


Chapter 7

Adv#: 9:20-01027 Namba v. Rojas et al


#3.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01027. Complaint by Jerry Namba against James Rojas, Sugira Limited, LLC, AKA Sugari Limited, LLC, Texas Tart, LLC, a California Limited Liability Company, Texas Tart, LLC, a Delaware Limited Liability Company, Texas Tart, a Delaware Corporation, Dru Peterson, Susan Peterson, Jodi A. Proud. (Charge To Estate). (Attachments: # 1 Exhibit A) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(21 (Validity, priority or extent of lien or other interest in property)),(91 (Declaratory judgment)) (Altman, Louis)


FR. 5-5-20, 8-10-20


Docket 1

*** VACATED *** REASON: Default Judgment entered on 9/4/2020. Case closed.

Tentative Ruling:

Continued to 10/14/20 at the Plaintiff's request (Defendant has not appeared or answered).

No appearances on 8/10/20 unless counsel would like to request another date.

Party Information

Debtor(s):

Canyon Crest Ranch Partners- Represented By Dana M Douglas

Defendant(s):

James Rojas Pro Se

Sugira Limited, LLC, AKA Sugari Pro Se Texas Tart, LLC, a California Pro Se

Texas Tart, LLC, a Delaware Pro Se

11:30 AM

CONT...


Canyon Crest Ranch Partners-Moorpark, LLC


Chapter 7

Texas Tart, a Delaware Corporation Pro Se Dru Peterson Pro Se

Susan Peterson Pro Se

Jodi A. Proud Pro Se

Plaintiff(s):

Jerry Namba Represented By

Louis H Altman Vanessa M Haberbush

Trustee(s):

Jerry Namba (TR) Represented By Aaron E de Leest Brad Krasnoff

11:30 AM

9:18-11626


Scott Rosson


Chapter 13

Adv#: 9:19-01005 Rosson v. CITIMORTGAGE, INC et al


#4.00 CONT'D. Status Hearing

RE: [40] Adversary case 9:19-ap-01005. Amended Complaint by Scott Rosson against CITIMORTGAGE, INC, Cenlar FSB. (Charge To Estate). and summons and B104 cover sheet Nature of Suit: (91 (Declaratory judgment)),(21 (Validity, priority or extent of lien or other interest in property)) (Kwasigroch, Michael)


FR. 4-29-19, 6-5-19, 6-21-19, 9-18-19, 12-6-19, 12-18-19, 3-25-20, 7-21-20


Docket 40

*** VACATED *** REASON: Continued to December 21, 2020 at 11:30 a.m.

Tentative Ruling:

Ruling for 3/25/20: Continued to 7/15/20 at 2:30 p.m. No updated status report needed.


March 25, 2020

Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT

(866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling for December 18, 2019

The Court will conduct a status conference on March 25, 2020 at 2:30 p.m.


Ruling for 9/18/19: Continued to 12/6/19 at 1:30 p.m. Plaintiff to lodge the scheduling order. New status report is not required.


Ruling for 6/21/19: Continued to 9/18/19 at 1:30 p.m.


Ruling for June 5, 2019

11:30 AM

CONT...


Scott Rosson


Chapter 13

The hearing is continued to June 21, 2019 at 2:30 p.m. No new status report is required.

Party Information

Debtor(s):

Scott Rosson Represented By

Michael D Kwasigroch

Defendant(s):

CITIMORTGAGE, INC Represented By Eddie R Jimenez Jillian A Benbow

Cenlar FSB Represented By

Eddie R Jimenez Jillian A Benbow

Plaintiff(s):

Scott Rosson Represented By

Michael D Kwasigroch

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-10117


Carolina Chavez


Chapter 7

Adv#: 9:19-01037 McBeth v. Chavez


#5.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01037. Complaint by Sandra K. McBeth against Javier Chavez. (Charge To Estate). Nature of Suit: (31 (Approval of sale of property of estate and of a co-owner - 363(h))) (Sholder, Joseph)


FR. 9-26-19, 12-17-19, 3-24-20, 8-4-20


Docket 1

*** VACATED *** REASON: Continued to February 3, 2021 at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carolina Chavez Represented By Andrew S Mansfield

Defendant(s):

Javier Chavez Represented By Larry D Webb

Plaintiff(s):

Sandra K. McBeth Represented By Joseph M Sholder

Trustee(s):

Sandra McBeth (TR) Represented By Joseph M Sholder Felicita A Torres

11:30 AM

9:19-10127


Kenneth L. McMahon


Chapter 7

Adv#: 9:19-01046 Kapitus Servicing, Inc., formerly known as Colonia v. McMahon et al


#6.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01046. Complaint by Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc., as servicing agent for Cashio against Kenneth L. McMahon, Jacqueline Lee McMahon. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Harvey, Brian)


FR: 10-29-19, 2-4-20, 4-7-20, 6-16-20, 8-18-20


Docket 1

*** VACATED *** REASON: Continued to December 9, 2020 at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kenneth L. McMahon Represented By Andrew S Mansfield

Defendant(s):

Kenneth L. McMahon Represented By Christina Vanarelli

Jacqueline Lee McMahon Represented By Christina Vanarelli

Joint Debtor(s):

Jacqueline Lee McMahon Represented By Andrew S Mansfield

Plaintiff(s):

Kapitus Servicing, Inc., formerly Represented By

11:30 AM

CONT...


Trustee(s):


Kenneth L. McMahon


Brian T Harvey


Chapter 7

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:19-11016


Andrea Bowen-Gardner


Chapter 7

Adv#: 9:19-01052 Colebrook et al v. Bowen Gardner et al


#7.00 CONT'D Status Hearing RE Adversary case 9:19-ap-01052. (RE: related document(s)[1] Complaint by Teena Colebrook against Andrea Bowen Gardner , Philip Gardner) (RE: related document(s)[9] Amended Complaint by Teena Colebrook, Colleen Craig , Richard Viar , Kevin Rock, against Andrea Bowen Gardner , Philip Gardner) Fee Amount $350. Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) ,(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)).


FR. 11-19-19, 12-5-19, 2-18-20, 4-7-20, 6-23-20


Docket 9

*** VACATED *** REASON: Continued to December 1, 2020 at 11:30 a.m., based upon order entered on 8/24/20.

Tentative Ruling:

There has been no docket activity since April. Have the defendants retained counsel? They need to set the motion to dismiss for hearing. Does the plaintiff intend to correct the errors in attempting to add plaintiffs?

Party Information

Debtor(s):

Andrea Bowen-Gardner Represented By Reed H Olmstead

Defendant(s):

Andrea Bowen Gardner Pro Se

Philip Gardner Pro Se

Joint Debtor(s):

Philip Gardner Represented By Reed H Olmstead

Plaintiff(s):

Teena Colebrook Pro Se

11:30 AM

CONT...


Andrea Bowen-Gardner


Chapter 7

Colleen Craig Pro Se

Kevin Rock Pro Se

Richard Viar Pro Se

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-10563


Daniel R Ford and Anna M Ford


Chapter 7


#8.00 CONT'D Hearing

Reaffirmation Hearing Date Set

RE: [18] Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2018 Ford Explorer)


FR. 9-16-20


Docket 18


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Daniel R Ford Represented By David R Hagen

Joint Debtor(s):

Anna M Ford Represented By

David R Hagen

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-10624


Dustin Baptiste Heon and Autumn Kim Numbers


Chapter 7


#9.00 CONT'D Hearing

Reaffirmation Hearing Date Set

RE: [15] Reaffirmation Agreement Between Debtor and Americredit Financial Services, Inc. Dba GM Financial (Nunez, Lorenzo)


FR. 9-16-20


Docket 15


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dustin Baptiste Heon Represented By Edwin J Rambuski

Joint Debtor(s):

Autumn Kim Numbers Represented By Edwin J Rambuski

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-10625


Reno Nicholas Heon and Christina Marie Heon


Chapter 7


#10.00 CONT'D Hearing

Reaffirmation Hearing Date Set

RE: [13] Reaffirmation Agreement Between Debtor and Ally Bank FR. 9-16-20

Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Reno Nicholas Heon Represented By Edwin J Rambuski

Joint Debtor(s):

Christina Marie Heon Represented By Edwin J Rambuski

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-10728


Cassandra Donnene Chamberlain


Chapter 7


#11.00 Reaffirmation Hearing Date SetRE: [14] Reaffirmation Agreement Between Debtor and America First Credit Union


Docket 14


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cassandra Donnene Chamberlain Represented By

Daniel A Higson

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10736


Daniel L Fulton and James L Brenneman, III


Chapter 7


#12.00 Reaffirmation Hearing Date Set

RE: [17] Reaffirmation Agreement Between Debtor and Global Lending Services, LLC (Rafferty, John)


Docket 17

*** VACATED *** REASON: Rescheduled to November 4, 2020,, at 11:30 a.m., based upon request by debtors.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Daniel L Fulton Represented By Jerry Namba

Joint Debtor(s):

James L Brenneman III Represented By Jerry Namba

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-10762


Sengkeo Aphayaraj


Chapter 7


#13.00 CONT'D Hearing

Reaffirmation Hearing Date Set

RE: [8] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Rafferty, John)


FR. 9-16-20


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sengkeo Aphayaraj Represented By Brian Nomi

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10790


John Arthur Nau and Mitzie Lou Nau


Chapter 7


#14.00 Reaffirmation Hearing Date SetRE: [14] Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2017 Ford Fusion)


Docket 14


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

John Arthur Nau Represented By David Joel Follin

Joint Debtor(s):

Mitzie Lou Nau Represented By David Joel Follin

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-10840


Sonia Estrella


Chapter 7


#15.00 Reaffirmation Hearing Date SetRE: [14] Pro se Reaffirmation Agreement Between Debtor and Ventura County Credit Union


Docket 14


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sonia Estrella Represented By Janet A Lawson

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10840


Sonia Estrella


Chapter 7


#16.00 Reaffirmation Hearing Date SetRE: [15] Pro se Reaffirmation Agreement Between Debtor and Ventura County Credit Union


Docket 15


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sonia Estrella Represented By Janet A Lawson

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10863


Patricia Ann Pizarro


Chapter 7


#17.00 Reaffirmation Hearing Date SetRE: [9] Pro se Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Rafferty, John)


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Patricia Ann Pizarro Represented By Reed H Olmstead

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-10887


Anthony D Cercone


Chapter 7


#18.00 Reaffirmation Hearing Date SetRE: [8] Reaffirmation Agreement Between Debtor and Harley-Davidson Credit Corp (Rafferty, John)


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Anthony D Cercone Represented By Michael B Clayton

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10904


Michael Lazaro


Chapter 7


#19.00 Reaffirmation Hearing Date SetRE: [9] Reaffirmation Agreement Between Debtor and Infiniti Financial Services (Rafferty, John)


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michael Lazaro Represented By Susan Salehi

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10918


Elton Graff


Chapter 7


#20.00 Reaffirmation Hearing Date SetRE: [9] Pro se Reaffirmation Agreement Between Debtor and Capital One Auto Finance, a division of Capital One, N.A.


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Elton Graff Represented By

Nathan A Berneman

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10922


Nina Montserrat McConnell Hatch and Jeffrey Alan Hatch


Chapter 7


#21.00 Reaffirmation Hearing Date SetRE: [24] Reaffirmation Agreement Between Debtor and Community West Bank, N.A.


Docket 24


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Nina Montserrat McConnell Hatch Represented By

Karen L Grant

Joint Debtor(s):

Jeffrey Alan Hatch Represented By Karen L Grant

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10948


Rachel Lauren Arnold


Chapter 7


#22.00 Reaffirmation Hearing Date SetRE: [8] Pro se Reaffirmation Agreement Between Debtor and Carmax Auto Finance


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rachel Lauren Arnold Represented By Ali R Nader

Trustee(s):

Sandra McBeth (TR) Pro Se

1:30 PM

9: - Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https:// cacb.zoomgov.com/j/1608657850 ZoomGov meeting number: 160 865 7850

Password: 438609

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

9:20-11239


Coto Investments, Inc.


Chapter 11


#1.00 HearingRE: [6] Emergency motion Emergency Motion for Order Authorizing Payment of Pre-Petition Employee Wages and Benefits; Memorandum of Points and Authorities in Support Thereof with Proof of Servicve


Docket 6


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Coto Investments, Inc. Represented By Robert P Goe Charity J Manee

Movant(s):

Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee

1:30 PM

9:20-11239


Coto Investments, Inc.


Chapter 11


#2.00 HearingRE: [7] Emergency motion Emergency Motion for Order Approving establishment of Adequate Assurance Payments with Respect to Debtors Utilities; Memorandum of Points and authorities in Support Thereof with Proof of Service


Docket 7


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Coto Investments, Inc. Represented By Robert P Goe Charity J Manee

Movant(s):

Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee

1:30 PM

9:20-11239


Coto Investments, Inc.


Chapter 11


#3.00 HearingRE: [8] Emergency motion Emergency Motion for Order Authorizing (1) Maintenance of Certain Pre-Petition Bank Accounts for 30 Days; and (2) Reimbursement of Debtor's Principals' Credit Cards for Business Purchases; Memorandum of Points and Authorities in Support thereof with Proof of Service


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Coto Investments, Inc. Represented By Robert P Goe Charity J Manee

Movant(s):

Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee

1:30 PM

9:20-11239


Coto Investments, Inc.


Chapter 11


#4.00 HearingRE: [9] Emergency motion Emergency Motion for Order Approving Use of Alleged Cash Collateral of National Loan Acquisitions Company; Memorandum of Points and Authorities with Proof of Service


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Coto Investments, Inc. Represented By Robert P Goe Charity J Manee

Movant(s):

Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee

11:30 AM

2: -


ZoomGov Information


Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/1610806011 ZoomGov meeting number: 161 808 6011

Password: 334400

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11


#1.00 Hearing RE: [65] motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: Nonresidential .


Docket 65

*** VACATED *** REASON: Continued by Stip. to 10/28/20 at 11:30AM; Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

11:30 AM

2:20-18203

Los Angeles School of Gymnastics, Inc.

Chapter 11

#2.00 Status Hearing RE: [1] Chapter 11 Subchapter V Voluntary Petition Non- Individual.

Docket 1

*** VACATED *** REASON: Rescheduled by the court to 10/28/20 at 11:30am

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

11:30 AM

2:14-19226


Eliminator Custom Boats, Inc.


Chapter 11

Adv#: 2:19-01014 Gotfredson v. Wong et al


#3.00 Contd. Status Hearing RE: [1] Adversary case 2:19-ap-01014. Complaint by Elliott Gotfredson against James Y Wong, Armory Consulting Co., Eliminator Custom Boats, Inc.. (Fee Not PAID-FEE DEFFERRED). Nature of Suit: (01 (Determination of removed claim or cause))

Fr. 8-12-20


Docket 1

*** VACATED *** REASON: Continued by the court to 11/12/20 at 11:30 AM

Tentative Ruling:

The court won't consider remand without a noticed motion and opportunity to respond. FRBP 9027(d), 9014.

Party Information

Debtor(s):

Eliminator Custom Boats, Inc. Represented By James E Till

Defendant(s):

James Y Wong Pro Se

Armory Consulting Co. Pro Se

Eliminator Custom Boats, Inc. Represented By James E Till

Plaintiff(s):

Elliott Gotfredson Represented By

E Jay Gotfredson James E Till

11:30 AM

2:20-17570


Alexx Brown, LLC


Chapter 11

Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al


#4.00 Hearing RE: [5] Motion for Preliminary Injunction fr.10-1-20


Docket 5

*** VACATED *** REASON: Rescheduled by the court to 10/28/20 at 11:30AM;

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

Defendant(s):

Alexxander Brown Pro Se

John Does 1-10 Pro Se

Plaintiff(s):

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

11:30 AM

2: -


ZoomGov Information


Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/1605872582 ZoomGov meeting number: 160 587 2582

Password: 985312

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

1:20-10010


Megna Real Estate Holdings, Inc.


Chapter 11


#1.00 Hearing RE: [40] Motion RE: Objection to Claim Number 2 by Claimant Deutsche Bank.


Docket 40


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Megna Real Estate Holdings, Inc. Represented By

Mark T Young

11:30 AM

1:20-11202


Hilary Taylor Johnson


Chapter 11


#2.00 CONTD. Hearing RE: [10] Motion to Use Cash Collateral fr. 8-5-20,9-23-20


Docket 10


Tentative Ruling:

The court has questions, in particular regarding the rental income actually being received and the debtor's ability to make adequate protection payments. The cash collateral budget is materially different from the schedules filed the same day.


Is this rental property even estate property?


The court will need independent evidence of rental income and expenditures made on the property beyond what has been already provided.

Party Information

Debtor(s):

Hilary Taylor Johnson Represented By Onyinye N Anyama

11:30 AM

1:19-12500


Ketab Corporation


Chapter 11


#3.00 Hearing RE: [94] Motion for Relief from Disallowance of Claim Pursuant to FRCP Rule 60 and FRBP Rule 3008

Fr.10-7-20


Docket 94

*** VACATED *** REASON: Off Calendar-Stip. entered 10/9/20 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ketab Corporation Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

1:19-12500

Ketab Corporation

Chapter 11

#4.00 Hearing RE: [97] Motion for Interim and Final Approval to Enter Into Economic Injury Disaster Loan With Small Business Administration Pursuant to 11 U.S.C.

§364;

Docket 97


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ketab Corporation Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#5.00 CONTD. Hearing RE: [29] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1001 North Beverly Glenn Blvd,

Los Angeles, CA 90077


fr. 11-20-19, 1-7-20, 1-8-20

fr. 3-10-20, 4-29-20

Fr. 7-1-20 fr.8-26-20 fr. 9-3-20 fr.10-7-20


Docket 29


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

DEUTSCHE BANK NATIONAL Represented By

Nathan F Smith

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#6.00 CONTD. Hearing RE: [52] Motion for Setting Property Value (Corrected Motion)


fr. 1-8-20,3-10-20, 4-29-20

Fr. 7-1-20 fr.8-26-20 fr. 9-3-20 fr.10-7-20


Docket 52


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#7.00 Contd. Hearing RE: [42] Motion for approval of chapter 11 disclosure statement


fr. 1-7-20, 1-8-20,3-10-20, 4-29-20

Fr. 7-1-20,9-3-20, fr.10-7-20


Docket 42


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#8.00 CONT'D. Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual.


fr.9-10-19, 11-6-19, 11-20-19

fr. 1-7-20, 1-8-20,3-10-20

fr. 4-29-20

Fr. 7-1-20 fr.8-26-20 fr. 9-3-20 fr.10-7-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

01 BH Partnership Represented By

Mark E Goodfriend

10:30 AM

9:20-10019


Lisa Jan Cerrotta


Chapter 13


#1.00 Hearing on Confirmation of Chapter 13 Plan FR. 3-26-20, 6-18-20, 8-20-20, 9-17-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lisa Jan Cerrotta Represented By Allan S Williams

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10365


Don Fitch


Chapter 13


#2.00 Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 8-20-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Don Fitch Represented By

Eric Ridley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10746


Lynda Louise Hinz


Chapter 13


#3.00 Hearing on Confirmation of Chapter 13 Plan FR. 8-20-20


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Lynda Louise Hinz Represented By Nicholas M Wajda

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10755


Christopher John Sanchez


Chapter 13


#4.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to December 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Christopher John Sanchez Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10782


George J Rangel


Chapter 13


#5.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

George J Rangel Represented By Joshua L Sternberg

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10800


Mario Flores-Cevada


Chapter 13


#6.00 Hearing on Confirmation of Chapter 13 Plan FR. 8-20-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mario Flores-Cevada Represented By

Leroy Bishop Austin

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10853


Rosa Olmedo


Chapter 13


#7.00 Hearing on Confirmation of Chapter 13 Plan FR. 9-17-20


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Rosa Olmedo Represented By Yelena Gurevich

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10857


Dana Louise Mcgunigale


Chapter 13


#8.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to December 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dana Louise Mcgunigale Represented By Eric Ridley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10871


Vincenza Sarah Sorisi


Chapter 13


#9.00 Hearing on Confirmation of Chapter 13 Plan FR. 9-17-20


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Vincenza Sarah Sorisi Represented By Nathan A Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10926


Katherine Ann Cherrie


Chapter 13


#10.00 Hearing on Confirmation of Chapter 13 Plan


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Katherine Ann Cherrie Represented By Gregory M Shanfeld

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10970


Timothy James Umphenour


Chapter 13


#11.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Timothy James Umphenour Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-11520


Richard W. York


Chapter 13


#12.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 9-28-17, 11-30-17, 1-25-18, 3-22-18, FR. 5-24-18, 6-21-18, 9-27-18,

1-17-19, 3-21-19, 5-23-19, 6-20-19, 9-19-19, 11-21-19, 2-27-20, 5-21-20,

8-20-20


Docket 1


Tentative Ruling:

Ruling for February 27, 2020

Continued to May 21, 2020 at 10:00 a.m.


Ruling for 11/21/19: Continued to 2/27/20.


Ruling for 9/19/19:

Continued to 11/21/19.


Ruling for 6/20/19: Cont. to 9/19/19.


Ruling for May 23, 2019: Cont. to 8/15/19 at 10:00 a.m.


Ruling forMarch 21, 2019

Continued to May 23, 2019


Debtor(s):


Party Information

Richard W. York Represented By Reed H Olmstead Mark Bernsley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10480


Garland Chester and Juliet Chester


Chapter 13


#13.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 1-16-20, 2-27-20, 4-16-20, 6-18-20, 8-20-20, 9-17-20

Docket 1

*** VACATED *** REASON: Continued to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Garland Chester Represented By Vaughn C Taus

Joint Debtor(s):

Juliet Chester Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11053


Warren Johnson


Chapter 13


#14.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20, 7-16-20, 8-20-20


Docket 1

*** VACATED *** REASON: Continued to December 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Warren Johnson Represented By Nathan Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11087


Robert B. Haight


Chapter 13


#15.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20, 7-16-20, 8-20-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert B. Haight Represented By Nicholas S Nassif

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11226


Adriana Elizabeth Velazquez


Chapter 13


#16.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 10-17-19, 11-21-19, 12-19-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20

FR. 8-20-20, 9-17-20


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m. Dtr to file supplemental evidence re: the potential sales of real property by the former mother-in-law by March 12, 2020.


Ruling for December 19, 2019: Continued to 1/16/20.


Ruling for 11/21/19:


Ruling for October 17, 2019: Continued to 11/21/19 at 10:00 a.m.


Party Information

Debtor(s):

Adriana Elizabeth Velazquez Represented By Reed H Olmstead

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11271


Albert Maxwell Goldberg


Chapter 13


#17.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 10-17-19, 12-19-19, 2-27-20, 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Albert Maxwell Goldberg Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11271


Albert Maxwell Goldberg


Chapter 13


#17.10 CONT'D Status Hearing

RE: [57] Motion To Cram Down Mortgage Lien Of 1900 Capital Trust III, By US Bank, As Certificate Trustee; [58] Motion to Avoid Lien JUNIOR LIEN with First American Funding, LLC Filed by Debtor Albert Maxwell Goldberg


FR. 7-16-20


Docket 57


Tentative Ruling:

This evidentiary hearing can be conducted by the court on ZoomGov.


Please have some dates in mind for the hearing and related deadlines.

Party Information

Debtor(s):

Albert Maxwell Goldberg Pro Se

Movant(s):

Albert Maxwell Goldberg Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11579


Robert Edward Baldwin


Chapter 13


#18.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 12-19-19, 1-16-20, 3-26-20, 5-21-20, 7-16-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Edward Baldwin Represented By John D Faucher

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11698


Jonathan Bravo


Chapter 13


#19.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 1-16-20, 3-26-20, 6-18-20, 7-16-20, 8-20-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jonathan Bravo Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11707


Jorge Gutierrez Gonzalez


Chapter 13


#20.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 1-16-20, 3-26-20, 5-21-20, 7-16-20, 9-17-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jorge Gutierrez Gonzalez Represented By Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11832


Gabriel C. Estrada


Chapter 13


#21.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 1-16-20, 3-26-20, 4-16-20, 6-18-20, 8-20-20

Docket 1


Tentative Ruling:

Ruling for March 26, 2020

Continued to April 16, 2020 at 10:00 a.m. If the Debtor is not current on plan payments and mortgage payments, the Court will dismiss this case.


Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m.

Party Information

Debtor(s):

Gabriel C. Estrada Represented By Nathan Berneman Nathan A Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10237


Annelie K Messina


Chapter 13


#22.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20, 8-20-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Annelie K Messina Represented By Julie J Villalobos

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10342


Jason Isaac Ignacio


Chapter 13


#23.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 8-20-20, 9-17-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jason Isaac Ignacio Represented By Nicholas M Wajda

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#24.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 9-17-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#24.10 HearingRE: [67] Motion to Avoid Lien JUNIOR LIEN with Ditech Financial LLC


Docket 67


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#24.20 HearingRE: [69] Motion to Avoid Lien Property Lien with Simi Valley Homeowners Association


Docket 69


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10383


Roberto Magno Cerna and Nenita Vidal Cerna


Chapter 13


#25.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 8-20-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Roberto Magno Cerna Represented By

Timothy L McCandless

Joint Debtor(s):

Nenita Vidal Cerna Represented By

Timothy L McCandless

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10448


Robert Barberie


Chapter 13


#26.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 8-20-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Barberie Represented By Patricia Rodriguez Eric Rasmussen

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10479


Heather M. Barreras


Chapter 13


#27.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20, 7-16-20, 8-20-20, 9-17-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Heather M. Barreras Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10490


Mark Alan Hazlewood and Jeannine Hazlewood


Chapter 13


#28.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 8-20-20


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mark Alan Hazlewood Represented By Joshua L Sternberg

Joint Debtor(s):

Jeannine Hazlewood Represented By Joshua L Sternberg

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10492


Briza O. Ramos and Hector Ramos


Chapter 13


#29.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 9-17-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Briza O. Ramos Represented By Tom A Moore

Joint Debtor(s):

Hector Ramos Represented By Tom A Moore

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10520


Victor Hernandez


Chapter 13


#30.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20, 7-16-20


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Victor Hernandez Represented By Rebecca Tomilowitz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10543


Steven Phillip Rosen and Renee Terrie Rosen


Chapter 13


#31.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 8-20-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Steven Phillip Rosen Represented By Vicki I Temkin

Joint Debtor(s):

Renee Terrie Rosen Represented By Vicki I Temkin

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10801


Robert Davis Hoshaw


Chapter 13


#32.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 8-20-20, 9-17-20


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert Davis Hoshaw Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-11635


Eric W Robinson and Diane M Robinson


Chapter 13


#33.00 CONT'D Hearing

RE: [78] Trustee's Motion to Dismiss Case for Failure to Submit All Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 7-16-20, 8-20-20


Docket 78

*** VACATED *** REASON: Case dismissed 8-25-2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eric W Robinson Represented By Janet A Lawson

Gregory M Shanfeld

Joint Debtor(s):

Diane M Robinson Represented By Janet A Lawson

Gregory M Shanfeld

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-11817


Eliaser Servin Lopez and Maria Guadalupe Lopez


Chapter 13


#34.00 Hearing

RE: [71] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 71

*** VACATED *** REASON: Withdrawal of motion was filed on 10/6/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Eliaser Servin Lopez Represented By Ellen M. Cheney

Andrew S Mansfield Matthew D. Resnik

Joint Debtor(s):

Maria Guadalupe Lopez Represented By Ellen M. Cheney

Andrew S Mansfield Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-12018


Shannon Arlene Simonini


Chapter 13


#35.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 47

*** VACATED *** REASON: Continued to December 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Shannon Arlene Simonini Represented By Reed H Olmstead

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10424


Carol M Shilkett


Chapter 13


#36.00 Hearing

RE: [115] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 115

*** VACATED *** REASON: Withdrawal of motion filed 10-7-2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carol M Shilkett Represented By Andy C Warshaw

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10663


Rainier T. Castillo and Amy Lee Castillo


Chapter 13


#37.00 Hearing

RE: [45] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 45

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rainier T. Castillo Represented By Jasmine Motazedi Allan S Williams

Joint Debtor(s):

Amy Lee Castillo Represented By Jasmine Motazedi Allan S Williams

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10837


Alan Willars Athie and Rosario Naomi Athie


Chapter 13


#38.00 Hearing

RE: [81] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 81

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alan Willars Athie Represented By James C Ames

Joint Debtor(s):

Rosario Naomi Athie Represented By James C Ames

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11261


Clarence Acie Rudd, III and Deborah Lee Rudd


Chapter 13


#39.00 Hearing

RE: [139] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 139

*** VACATED *** REASON: Continued to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Clarence Acie Rudd III Represented By Steven A Alpert

Joint Debtor(s):

Deborah Lee Rudd Represented By Steven A Alpert

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11510


Angelica J Hernandez


Chapter 13


#40.00 Hearing

RE: [47] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 47

*** VACATED *** REASON: Continued to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Angelica J Hernandez Represented By Rebecca Tomilowitz

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-12118


Scott A. Slosson and Carie L. Slosson


Chapter 13


#41.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Scott A. Slosson Represented By Michael B Clayton

Joint Debtor(s):

Carie L. Slosson Represented By Michael B Clayton

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-12118


Scott A. Slosson and Carie L. Slosson


Chapter 13


#41.10 HearingRE: [39] Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments Exhibit A, B, and proof of service (Clayton, Michael)


Docket 39


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Scott A. Slosson Represented By Michael B Clayton

Joint Debtor(s):

Carie L. Slosson Represented By Michael B Clayton

Movant(s):

Scott A. Slosson Represented By Michael B Clayton

Carie L. Slosson Represented By Michael B Clayton

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-10643


Rene D Cobos and Teri L Cobos


Chapter 13


#42.00 Hearing

RE: [69] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 69

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rene D Cobos Represented By John K Rounds

Joint Debtor(s):

Teri L Cobos Represented By

John K Rounds

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-10949


Maria Avila


Chapter 13


#43.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 63

*** VACATED *** REASON: Trustee's motion was withdrawn on 10/6/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Maria Avila Represented By

Karen L Grant

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11543


Hector Aguayo Mercado, Sr. and Coreen Maria Mercado


Chapter 13


#44.00 HearingRE: [48] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 48


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Hector Aguayo Mercado Sr. Represented By Gregory M Shanfeld

Joint Debtor(s):

Coreen Maria Mercado Represented By Gregory M Shanfeld

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11607


Jamie Luna and Brandy Marie Luna


Chapter 13


#45.00 Hearing

RE: [44] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20, 8-20-20


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jamie Luna Represented By

Matthew D. Resnik

Joint Debtor(s):

Brandy Marie Luna Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11733


Pablo Valencia


Chapter 13


#46.00 Hearing

RE: [64] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 64

*** VACATED *** REASON: Continued to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Pablo Valencia Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11931


Rebecca Jolene Borchers


Chapter 13


#47.00 Hearing

RE: [50] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 2-27-20, 5-21-20, 7-16-20, 9-17-20


Docket 50

*** VACATED *** REASON: Withdrawal of motion filed by Ch.13 Trustee on 10/19/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rebecca Jolene Borchers Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-12096


Andrew Flores and Marlene Flores


Chapter 13


#48.00 CONT'D Hearing

RE: [42] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20


Docket 42

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Andrew Flores Represented By Julie J Villalobos

Joint Debtor(s):

Marlene Flores Represented By Julie J Villalobos

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10018


Mervlyn Thelma Kerr


Chapter 13


#49.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 5-21-20, 7-16-20, 9-17-20


Docket 56


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mervlyn Thelma Kerr Represented By Charles Shamash Joseph E. Caceres

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10039


Adam Jay Greenberg


Chapter 13


#50.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 134

*** VACATED *** REASON: Continued to December 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Adam Jay Greenberg Represented By Kevin T Simon

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10455


Kyle Nicholas McReynolds


Chapter 13


#51.00 CONT'D Hearing

RE: [46] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kyle Nicholas McReynolds Represented By Daniel King

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10517


Jose Suayan


Chapter 13


#52.00 CONT'D Hearing

RE: [84] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20


Docket 84


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Suayan Represented By

Roy M Holland

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10517


Jose Suayan


Chapter 13


#52.10 CONT'D Hearing

RE: [86] Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


FR. 9-17-20


Docket 86


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Suayan Represented By

Roy M Holland

Movant(s):

Jose Suayan Represented By

Roy M Holland Roy M Holland Roy M Holland Roy M Holland Roy M Holland

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10675


Gilbert Ray De La Mora


Chapter 13


#53.00 Hearing

RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 2-27-20, 4-16-20, 6-18-20, 8-20-20


Docket 31


Tentative Ruling:

Ruling for February 27, 2020

Continued to April 16, 2020 at 10:00 a.m.


Party Information

Debtor(s):

Gilbert Ray De La Mora Represented By James C Ames

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10756


Alvaro Manuel Arguello


Chapter 13


#54.00 Hearing

RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20


Docket 31

*** VACATED *** REASON: Continued to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alvaro Manuel Arguello Represented By Ali R Nader

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10906


Jason Bruce Leaseburg and Melanie Kate Leaseburg


Chapter 13


#55.00 Hearing

RE: [35] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20, 8-20-20, 9-17-20


Docket 35


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jason Bruce Leaseburg Represented By Matthew D. Resnik

Joint Debtor(s):

Melanie Kate Leaseburg Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10977


Karin Maria Cybulski


Chapter 13


#56.00 CONT'D Hearing

RE: [47] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20


Docket 47

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Karin Maria Cybulski Represented By Christian J Younger

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11098


George M Carrier and Ann Marie Carrier


Chapter 13


#57.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 37

*** VACATED *** REASON: Continued to December 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

George M Carrier Represented By Andrew S Mansfield Matthew D. Resnik

Joint Debtor(s):

Ann Marie Carrier Represented By Andrew S Mansfield Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11352


Jay Brian Schoen


Chapter 13


#58.00 Hearing

RE: [71] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20


Docket 71

*** VACATED *** REASON: Continued to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jay Brian Schoen Represented By Rob R Nichols

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11367


Minette Francine Parmentier-Castell


Chapter 13


#59.00 Hearing

RE: [57] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 57

*** VACATED *** REASON: Continued to December 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Minette Francine Parmentier-Castell Represented By

Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11479


Dominick Deshun Williams


Chapter 13


#60.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 29

*** VACATED *** REASON: Continued to December 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dominick Deshun Williams Represented By Ali R Nader

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-12134


Richard Page and Andrea McCartney-Page


Chapter 13


#61.00 Hearing

RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 31

*** VACATED *** REASON: Continued to November 19, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard Page Represented By

Todd Mannis

Joint Debtor(s):

Andrea McCartney-Page Represented By Todd Mannis

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10424


Carol M Shilkett


Chapter 13


#62.00 CONT'D Hearing on Motion RE: Objection to Claim Number 7 by Claimant Wilmington Trust, National Association, Not in its Individual Capacity, but solely as Trustee for MFRA Trust 2015-2. Filed by Debtor Carol M Shilkett (Attachments: # 1 Declaration of Debtor) (Warshaw, Andy)


Docket 106


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Carol M Shilkett Represented By Andy C Warshaw

Movant(s):

Carol M Shilkett Represented By Andy C Warshaw

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-10522


Terry Lee Crandall


Chapter 13


#63.00 HearingRE: [61] Motion RE: Objection to Claim Number 2 by Claimant CBC Federal Credit Union. Notice of Objection and Debtor's Objection to CBC Federal Credit Union's Proof of Claim, No. 2; Memorandum of Points and Authorities; Declarations of Terry Lee Crandall and W. Sloan Youkstetter in Support Thereof, with Proof of Service


Docket 61


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Terry Lee Crandall Represented By Matthew D. Resnik

Movant(s):

Terry Lee Crandall Represented By Matthew D. Resnik

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:14-10906


Michael Rourke


Chapter 13


#64.00 Hearing on [95]

Declaration re: Michael Rourke in Support of Order Regarding Partial Avoidance of First Deed of Trust and Avoidance of Junior Lien Pursuant to Chapter 13 Plan Filed by Debtor Michael Rourke. (Taus, Vaughn)


Docket 95


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Michael Rourke Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10128


Theresa Joan VanWagner


Chapter 13


#65.00 HearingRE: [45] Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Theresa Joan VanWagner Represented By Linda S Blonsley

Movant(s):

Theresa Joan VanWagner Represented By Linda S Blonsley Linda S Blonsley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-12195


Blanca Estela Bernal


Chapter 13


#66.00 HearingRE: [104] Motion Corrected Notice of Motion and Motion for Judgment Voiding Lien and for Lien Release; Declaration of Counsel in Support (Farsad, Arasto)


Docket 104


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Blanca Estela Bernal Represented By Arasto Farsad

Movant(s):

Blanca Estela Bernal Represented By Arasto Farsad

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11067


RAUL H YANEZ


Chapter 13


#67.00 Hearing

RE: [7] Motion For Sanctions/Disgorgement Notice of Motion and Motion for Order Compelling Attorney to File Disclosure of Compensation and Refund of Fees Pursuant to 11 U.S.C. § 329; Declaration of Sandra Cruz in Support Thereof with proof of service (Misken, Kenneth)


Docket 7

*** VACATED *** REASON: Motion was withdrawn by US Trustee on 9/23/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

RAUL H YANEZ Represented By Jerome A Clay

Movant(s):

United States Trustee (ND) Represented By Kenneth Misken

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11067


RAUL H YANEZ


Chapter 13


#68.00 Hearing

RE: [9] Motion to Dismiss Case for Abuse and Notice of Motion (BNC) and Motion to Dismiss Case Pursuant to 11 U.S.C. § 1307(c) With a Two-Year Bar From Refiling Pursuant to 11 U.S.C. §§ 349(a) and 105(a); Memorandum of Points and Authorities; Declaration of Sandra A. Cruz in Support Thereof with proof of service


Docket 9

*** VACATED *** REASON: Order dismissing case with 1-year bar was entered on 10/15/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

RAUL H YANEZ Represented By Jerome A Clay

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11124


Roberta Garcia


Chapter 13


#69.00 HearingRE: [11] Motion to Dismiss Case for Abuse and Notice of Motion (BNC) and Motion to Dismiss Case Pursuant to 11 U.S.C. § 1307(c) With a Two-Year Bar From Refiling Pursuant to 11 U.S.C. §§ 349(a) and 105(a); Memorandum of Points and Authorities; Declaration of Sandra A. Cruz in Support Thereof with proof of service


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Roberta Garcia Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9: Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1617404133

ZoomGov meeting number: 161 740 4133

Password: 419236

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:15-11457


Nancy Ann Graham


Chapter 13


#1.00 HearingRE: [43] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1712 SHADY BROOK DR, THOUSAND OAKS, CA 91362 . (Ferry, Sean)


Docket 43

Tentative Ruling:

Has the Debtor tendered the promised amount? Have the parties agreed on an APO?

Party Information

Debtor(s):

Nancy Ann Graham Represented By Gregory M Shanfeld

Movant(s):

DEUTSCHE BANK NATIONAL Represented By

Sean C Ferry Eric P Enciso

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:15-12180


Matthew Barney Mielnik


Chapter 13


#2.00 Hearing

RE: [63] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3590 Amarillo Ave Simi Valley, California 93063 . (Nagel, Austin)


Docket 63

*** VACATED *** REASON: Resolved by stipulated APO on 10/23/20.

Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).

Party Information

Debtor(s):

Matthew Barney Mielnik Represented By Jeffrey J Hagen

11:30 AM

CONT...

Movant(s):


Matthew Barney Mielnik


Chapter 13

MEB Loan Trust IV, serviced by Represented By

Austin P Nagel

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:17-10879


Guillermo M Magana


Chapter 13


#3.00 CONT'D Hearing

RE: [40] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 608 Sycamore Street, Santa Paula, CA 93060 .


FR. 9-22-20


Docket 40


Tentative Ruling:

Have the parties agreed on an APO?

Party Information

Debtor(s):

Guillermo M Magana Represented By Scott Kosner

Movant(s):

U.S. Bank Trust National Represented By

Lemuel Bryant Jaquez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-10992


Jennifer Aryleen Hardy


Chapter 13


#4.00 HearingRE: [82] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 442 Staunton St, Camarillo, CA 93010 . (Exnowski, Dane)


Docket 82


Tentative Ruling:

Do the parties want time to negotiate?

The motion can't be granted today; the declaration is not signed (the court issued a filer error but the movant didn't correct the error).

Party Information

Debtor(s):

Jennifer Aryleen Hardy Represented By Matthew D. Resnik

Movant(s):

Freedom Mortgage Corporation Represented By

Dane W Exnowski Heather D Bock Toni Townsend

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11226


Adriana Elizabeth Velazquez


Chapter 13


#5.00 CONT'D Hearing

RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1734 Gillespie Street / 835 West Islay Street, Santa Barbara, California 93101 with Proof of Service.


FR. 5-18-20, 6-16-20


Docket 44


Tentative Ruling:

Please update the court on the forbearance and the parties' discussions.


Note: debtor's counsel substitution needs a proper signature from former counsel.

Party Information

Debtor(s):

Adriana Elizabeth Velazquez Represented By Reed H Olmstead

Movant(s):

DEUTSCHE BANK NATIONAL Represented By

Angie M Marth Erin Elam Jacky Wang Jenelle C Arnold

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10201


Marcelo Valdez


Chapter 13


#6.00 Hearing

RE: [39] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2013 Honda Accord, VIN: 1HGC T1B3 0DA0 00972 .


Docket 39

*** VACATED *** REASON: Resolved by Stipulation. Order Granting Motion for Relief entered on 10/14/2020

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Marcelo Valdez Represented By Stephen S Smyth

Movant(s):

American Honda Finance Represented By Vincent V Frounjian

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-11038


Damian Joseph Nieman


Chapter 13


#7.00 HearingRE: [11] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2098 Tapidero Ave., Los Osos, CA 93402 with proof of service.


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Damian Joseph Nieman Represented By Vaughn C Taus

Movant(s):

San Luis Financial Represented By William C Beall

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-10657


Jeanne Mary Cimarusti


Chapter 7


#8.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Jeremy W. Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (pg))


Docket 61

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Jeanne Mary Cimarusti Represented By David S Quintana

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan Meghann A Triplett

11:30 AM

CONT...


Jeanne Mary Cimarusti


Chapter 7

11:30 AM

9:19-10971


Dolores E Hill


Chapter 7


#9.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Sandra K. McBeth. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (pg))


Docket 40

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Dolores E Hill Pro Se

Trustee(s):

Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz

11:30 AM

9:20-10242


Anita Louise Laux


Chapter 7


#10.00 HearingRE: [39] Motion For Sale of Property of the Estate under Section 363(b) - No Fee with proof of service (Beall, William)


Docket 39


Tentative Ruling:

Approve sale to proposed buyer, subject to overbid at the hearing.

Party Information

Debtor(s):

Anita Louise Laux Pro Se

Movant(s):

Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz

Trustee(s):

Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz

11:30 AM

9:19-10449


Farshad Fasihi Harandi


Chapter 7


#11.00 HearingRE: [276] Motion for Order Authorizing Trustee to Operate Real Property Effective September 15, 2020; Memorandum of Points and Authorities and Declaration of David Seror in Support Thereof (Wellington, Jessica)


Docket 276


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


Grant all requested relief.


Movant to lodge order within seven days.

Party Information

Debtor(s):

Farshad Fasihi Harandi Represented By Amid Bahadori

Movant(s):

David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington

11:30 AM

CONT...

Trustee(s):


Farshad Fasihi Harandi


Chapter 7

David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington

11:30 AM

9:18-11383


Canyon Crest Ranch Partners-Moorpark, LLC


Chapter 7


#11.10 Hearing

RE: [111] Application to Employ KWR South Bay & KW Commercial as Real Estate Brokers Chapter 7 Trustee's Notice Of Application And Application To Employ Real Estate Brokers Under 11 U.S.C. § 328 And To Enter Into Exclusive Listing Agreement; Memorandum Of Points And Authorities And Statement Of Disinterestedness, with Proof of Service (de Leest, Aaron)


Docket 111


Tentative Ruling:

There is no issue with the employment of the broker, but the court noted two issues in the order either not requested or not explained by the application.


First, the order included language allowing the trustee to modify or extend the agreement with the broker (except as to the amount of compensation). The listing agreement is already for 12 months, so if an extension were needed, it seems like the trustee should update the court at that time to justify an extension.


Secondly, the order included a term not mentioned in the motion -- that, in the event the Alvarez creditor acquires the property in a sale without a broker, the commission will be only 3%. (see language in 10/14/20 email or in lodged order at paragraph 3). This term is not described in the application or in the listing agreement, and the court is unsure of the basis for it.


Party Information

Debtor(s):

Canyon Crest Ranch Partners- Represented By Dana M Douglas

Trustee(s):

Jerry Namba (TR) Represented By Aaron E de Leest Brad Krasnoff

11:30 AM

CONT...


Canyon Crest Ranch Partners-Moorpark, LLC


Chapter 7

11:30 AM

9:20-10622


Brigham G. Field


Chapter 11


#12.00 HearingRE: [149] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 11802 Ellice Street, Malibu, California 90265 . (McWhorter, Robert)


Docket 149


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).

Party Information

Debtor(s):

Brigham G. Field Represented By

D Edward Hays Tinho Mang David Wood

11:30 AM

CONT...


Movant(s):


Brigham G. Field


Chad V Haes


Chapter 11

BANC OF CALIFORNIA, Represented By Daniel K Fujimoto

Robert S McWhorter

11:30 AM

9:20-10622


Brigham G. Field


Chapter 11


#13.00 HearingRE: [131] Motion for approval of chapter 11 disclosure statement describing Debtor's Chapter 11 Plan of Reorganization; Memorandum of Points and Authorities; Declaration of Brigham G. Field in Support; with Proof of Service


Docket 131


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Brigham G. Field Represented By

D Edward Hays Tinho Mang David Wood Chad V Haes

Movant(s):

Brigham G. Field Represented By

D Edward Hays D Edward Hays D Edward Hays Tinho Mang Tinho Mang Tinho Mang David Wood David Wood David Wood Chad V Haes Chad V Haes Chad V Haes

11:30 AM

9:20-10622


Brigham G. Field


Chapter 11


#14.00 HearingRE: [137] Motion to Redact (for Protective Order to Restrict Access to Filed Document Containing Personal Data Identifiers per LBR 9037-1(a)) Warmblood, Inc.'s Proof of Claim 17. Erik)


Docket 137


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion (the response filed did not oppose the requested relief). LBR

9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


Grant. Movant to lodge order within seven days.

Party Information

Debtor(s):

Brigham G. Field Represented By

D Edward Hays Tinho Mang David Wood Chad V Haes

Movant(s):

Colette Pelissier Represented By

Vanessa M Haberbush Erik Johanson

11:30 AM

9:19-10001


Rosario Perry


Chapter 11


#15.00 HearingRE: [200] Motion for approval of chapter 11 disclosure statement Notice of Motion and Motion for Entry of an Order: (1) Approving the Disclosure Statement or, in the Alternative, Conditionally Approving Disclosure Statement; (2) Approving Plan Solicitation, Notice, and Voting Procedures; (3) Establishing Plan Confirmation Procedures; and (4) Providing Related Relief; Memorandum of Points and Authorities; Declaration in Support


Docket 200


Tentative Ruling:

Have the debtor and objecting creditor worked out revisions to the language noted in the objection (for disclosure purposes -- confirmation objections will be dealt with at a plan confirmation hearing)?

Party Information

Debtor(s):

Rosario Perry Represented By Michael R Totaro

Candice Candice Bryner Anna Landa

Jeremy Faith

Movant(s):

Rosario Perry Represented By Michael R Totaro

Candice Candice Bryner Anna Landa

Jeremy Faith

11:30 AM

9:17-10918


Jonathan David Startz


Chapter 11


#16.00 CONT'D Hearing

RE: [279] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)


FR. 8-10-20, 9-14-20


Docket 279


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jonathan David Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:17-10918


Jonathan David Startz


Chapter 11


#17.00 CONT'D Confirmation Hearing

RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)


FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,

FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE),

FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19, 3-3-20, 3-24-20, 6-1-20, 7-13-20,

9-14-20


Docket 174


Tentative Ruling:

Is the debtor ready to confirm a plan today, or does the court need to continue this for further briefing?

Party Information

Debtor(s):

Jonathan David Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

9:18-10544


Maurice Leo Wedell and Susan Elizabeth Wedell


Chapter 11


#18.00 CONT'D Hearing

RE: [180] Motion to Modify Plan and Notice Thereof FR. 8-25-20

Docket 180

Tentative Ruling:

It appears this motion can be granted, provided the limited objection is fully addressed. Please be prepared to have terms agreed upon before the hearing.

Party Information

Debtor(s):

Maurice Leo Wedell Represented By Leslie A Cohen

Joint Debtor(s):

Susan Elizabeth Wedell Represented By Leslie A Cohen

Movant(s):

Maurice Leo Wedell Represented By Leslie A Cohen Leslie A Cohen

Susan Elizabeth Wedell Represented By Leslie A Cohen

11:30 AM

9:18-10544


Maurice Leo Wedell and Susan Elizabeth Wedell


Chapter 11


#19.00 Post-Confirmation Status Hearing FR. 4-8-20, 4-28-20, 8-4-20, 8-25-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maurice Leo Wedell Represented By Leslie A Cohen

Joint Debtor(s):

Susan Elizabeth Wedell Represented By Leslie A Cohen

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 7

Adv#: 9:19-01069 Itkin v. ELO et al


#20.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01069. Complaint by Robbin L Itkin against ELO, 3E EIGHT LLC, 3E ONE LLC, MIAMI SUPERCAR ROOMS, ELO

TRUSTEES LTD.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)


FR. 3-24-20, 6-30-20, 8-25-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

ELO Pro Se

3E EIGHT LLC Pro Se

3E ONE LLC Pro Se

MIAMI SUPERCAR ROOMS Pro Se

ELO TRUSTEES LTD. Pro Se

Plaintiff(s):

Robbin L Itkin Represented By David M Riley

11:30 AM

CONT...

Trustee(s):


Bikram's Yoga College of India LP, a limited


Chapter 7

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 7

Adv#: 9:19-01070 Itkin v. Shigenaga et al


#21.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01070. Complaint by Robbin L Itkin against Monica Shigenaga, COCOJOR HAWAII, LLC, JADOO, LLC. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


AND

Status Hearing

RE: [13] Counterclaim by Shigenega Shigenaga, et al against Robbin L Itkin FR. 3-24-20, 6-13-20, 7-13-20, 8-25-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Monica Shigenaga Pro Se

COCOJOR HAWAII, LLC Pro Se

JADOO, LLC Pro Se

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg

11:30 AM

CONT...


Trustee(s):


Bikram's Yoga College of India LP, a limited

David M Riley


Chapter 7

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 7

Adv#: 9:19-01072 Itkin v. Choudhury


#22.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01072. Complaint by Robbin L Itkin against Lajwanti Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit

8-9 # 9 Exhibit 10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


FR. 3-24-20, 6-30-20, 8-25-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Lajwanti Choudhury Pro Se

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited

David M Riley Robbin L. Itkin


Chapter 7

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 7

Adv#: 9:19-01073 Itkin v. Choudhury


#23.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01073. Complaint by Robbin L Itkin against Anurag Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit

8-10) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


FR. 3-24-20, 6-30-20, 8-25-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Anurag Choudhury Pro Se

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited

David M Riley Robbin L. Itkin


Chapter 7

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 7

Adv#: 9:19-01074 Itkin v. Choudhury et al


#24.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01074. Complaint by Robbin L Itkin against Rajashree Choudhury, The Rajashree Choudhury Family Trust Dated March 1, 2016. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3

# 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


FR. 3-24-20, 6-30-20, 8-25-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Rajashree Choudhury Pro Se

The Rajashree Choudhury Family Pro Se

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg David M Riley

11:30 AM

CONT...

Trustee(s):


Bikram's Yoga College of India LP, a limited


Chapter 7

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 7

Adv#: 9:19-01075 Itkin v. Choudhury


#25.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01075. Complaint by Robbin L Itkin against Bikram Choudhury. (Charge To Estate). (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Exhibit 5 # 6 Exhibit 6 # 7 Exhibit 7 # 8 Exhibit 8

# 9 Exhibit 9 # 10 Exhibit 10 # 11 Exhibit 11 # 12 Exhibit 12 # 13 Exhibit 13 # 14 Exhibit 14 # 15 Exhibit 15) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


FR. 3-24-20, 6-30-20, 8-25-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Bikram Choudhury Pro Se

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited

David M Riley Robbin L. Itkin


Chapter 7

11:30 AM

9:19-10291


Golf View Lane Limited Partnership, a California L


Chapter 11

Adv#: 9:19-01058 Golf View Lane Limited Partnership, a California L v. Pinnacle Estate


#26.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01058. Complaint by Golf View Lane Limited Partnership, a California Limited Partnership against Pinnacle Estate Properties, Inc., Garen Gary Keshishyan, Levis Pasco Obando, Valley Enterprises TS, Inc., Jose Pasco. (Fee not required). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)) (Yaspan, Robert) Modified on 10/16/2019 (Handy, Brad).


FR. 12-17-19, 3-3-20, 4-28-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Golf View Lane Limited Partnership, Represented By

Joseph G McCarty

M. Jonathan Hayes Robert M Yaspan

Defendant(s):

Pinnacle Estate Properties, Inc. Represented By Alana B Anaya

Garen Gary Keshishyan Represented By Alana B Anaya

Levis Pasco Obando Represented By Alana B Anaya

Valley Enterprises TS, Inc. Represented By Anthony N Ranieri

11:30 AM

CONT...


Golf View Lane Limited Partnership, a California L


Chapter 11

Jose Pasco Represented By

Anthony N Ranieri

Closing Agents, Inc. Pro Se

DOES 1 through 25, inclusive Pro Se

Igya Demirci Pro Se

Plaintiff(s):

Golf View Lane Limited Partnership, Represented By

Robert M Yaspan

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:20-01018 Faith v. Digital Dogma Corp.


#27.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01018. Complaint by Jeremy W. Faith against Digital Dogma Corp.. (Charge To Estate). - Complaint (1) for Avoidance of Post- Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)


FR. 4-28-20, 8-10-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Digital Dogma Corp. Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy

Anthony A Friedman

11:30 AM

9:18-10785


Charles Ardeil Hamm, II


Chapter 7

Adv#: 9:20-01012 Hamm II v. Namba


#28.00 Hearing

RE: [18] Motion For Summary Judgment, Notice of Motion, Filed by Plaintiff


Docket 18

*** VACATED *** REASON: Continued to December 1, 2020, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles Ardeil Hamm II Pro Se

Defendant(s):

Jerry Namba Represented By

Jerry Namba

Movant(s):

Charles A Hamm II Pro Se

Plaintiff(s):

Charles A Hamm II Pro Se

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

2: -


Zoom Information


Chapter 0


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/1602099370 ZoomGov meeting number: 160 209 9370

Password: 904415

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

2:17-25614


3600 Ashe, LLC


Chapter 11

Adv#: 2:19-01519 3600 Ashe, LLC v. Koop


#1.00 CONTD. Status Hearing RE: [1] Adversary case 2:19-ap-01519. Complaint by 3600 Ashe, LLC against Ron Koop. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))

fr.2-26-20, 4-14-20,5-20-20,7-15-20


Docket 1

*** VACATED *** REASON: Notice of Dismissal filed 10/16/20 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham

Defendant(s):

Ron Koop Represented By

Peter M Lively

Plaintiff(s):

3600 Ashe, LLC Represented By Dean G Rallis Jr Matthew D Pham

11:30 AM

2:20-17570


Alexx Brown, LLC


Chapter 11

Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al


#2.00 Hearing RE: [5] Motion for Preliminary Injunction fr.10-1-20,10-20-20


Docket 5

*** VACATED *** REASON: Contd. by Stip. to 12/2/20 at 11:30 A.M. Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

Defendant(s):

Alexxander Brown Pro Se

John Does 1-10 Pro Se

Movant(s):

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

Plaintiff(s):

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

11:30 AM

2:20-17570


Alexx Brown, LLC


Chapter 11

Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al


#3.00 Status Hearing RE: [1] Adversary case 2:20-ap-01621. Complaint by Alexx Brown, LLC against Alexx Brown. ($350.00 Fee Charge To Estate). (Attachments: # 1 Adversary Cover Sheet) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(72 (Injunctive relief - other)),(91 (Declaratory judgment))


Docket 1

*** VACATED *** REASON: Contd. by Stip. to 12/2/20 at 11:30 A.M. Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

Defendant(s):

Alexxander Brown Pro Se

John Does 1-10 Pro Se

Plaintiff(s):

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

11:30 AM

2:20-17570


Alexx Brown, LLC


Chapter 11


#4.00 Contd. Case Management Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual. LLC;

fr. 9-24-20,10-7-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

11:30 AM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11

Adv#: 2:20-01636 Los Angeles School of Gymnastics, Inc. v. Super Redondo, LLC et al


#6.00 Hearing RE: [6] Motion for Preliminary Injunction Against Super Redondo, LLC and Fariba Danesh as Trustee of the Danesh Family Trust


Docket 6

*** VACATED *** REASON: Contd. by Order to 11/12/20 at 1:30 P.M. Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Defendant(s):

Super Redondo, LLC Pro Se

Fariba Danesh as trustee of the Pro Se

Movant(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Plaintiff(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

11:30 AM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11


#7.00 Hearing RE: [65] motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: Nonresidential

fr.10-20-20


Docket 65


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

11:30 AM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11


#8.00 Hearing RE: [89] Motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: City of Culver City v. Los Angeles School of Gymnastics, et al DKT.# 20SMCV01190 .


Docket 89


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Movant(s):

City of Culver City Represented By

Caroline Karabian Castillo

Trustee(s):

Susan K Seflin (TR) Pro Se

11:30 AM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11


#9.00 Hearing RE: [84] Motion Order Approving Stipulation Authorizing Use of Cash Collateral and Granting U.S. Small Business Administration Adequate Protection


Docket 84


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Movant(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

11:30 AM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11


#10.00 Status Hearing RE: [1] Chapter 11 Subchapter V Voluntary Petition Non- Individual.

fr.10-20-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

11:30 AM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11


#11.00 Amended Notice of Setting/Increasing Insider Compensation Filed by Debtor Los Angeles School of Gymnastics, Inc..


Docket 63


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Movant(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

11:30 AM

9: - Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1608387647

ZoomGov meeting number: 160 838 7647

Password: 910998

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:15-10116


Arden Rose


Chapter 7


#1.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Namba. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (fsy))


Docket 269


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Arden Rose Represented By

Bradford T Child

Trustee(s):

Jerry Namba (TR) Represented By Matthew A Lesnick Debra E Cardarelli

11:30 AM

9:18-10785


Charles Ardeil Hamm, II


Chapter 7

Adv#: 9:20-01012 Hamm II v. Namba


#2.00 Hearing

RE: [31] Motion To Stay Pending Appeal with proof of service


Docket 31


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles Ardeil Hamm II Pro Se

Defendant(s):

Jerry Namba Represented By

Jerry Namba

Movant(s):

Jerry Namba Represented By

Jerry Namba

Plaintiff(s):

Charles A Hamm II Pro Se

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-11239


Coto Investments, Inc.


Chapter 11


#3.00 CONT'D Hearing

RE: [9] Emergency Motion for Order Approving Use of Alleged Cash Collateral of National Loan Acquisitions Company; Memorandum of Points and Authorities with Proof of Service


FR, 10-15-20


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Coto Investments, Inc. Represented By Robert P Goe Charity J Manee

Movant(s):

Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee

11:30 AM

9: - Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1619493372 ZoomGov meeting number: 161 949 3372

Password: 364304

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:20-10554


Community Provider of Enrichment Services, Inc.


Chapter 11


#1.00 Hearing to consider approval of the Sale, including approval of the Winning Bid and Backup Bid (if any), and to consider authorizing the assumption and assignment of the Assumed Contracts


Docket 386


Tentative Ruling:

The court has read all of the pleadings.


We aren't going to spend time at the hearing discussing who was cooperative or uncooperative; it isn't productive, and it isn't relevant to the matter set for hearing.


The Debtor should begin with a clear description of the specific relief they're seeking, and the basis for that relief. DES/DDD should address whether that specific relief is appropriate. It appears, based on the Reply, that there may be some requested relief that is agreed upon by the parties. If that's the case, please describe specifically what that is (including the bidders, purchase prices, and assets involved) before addressing relief that is not agreed upon. Please be prepared to discuss case law supporting your position. The court will also ask for comments from the U.S. Trustee and the Patient Care Ombudsman.

Party Information

Debtor(s):

Community Provider of Enrichment Represented By

Ryan M Salzman

11:30 AM

9: - Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1617094078

ZoomGov meeting number: 161 709 4078

Password: 837219

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:19-10992


La Cuesta Farming Co., Inc.


Chapter 7


#1.00 CONT'D Hearing

RE: [51] Motion and Notice of Motion for Leave to File Class Proof of Claim (Rice, Cynthia)


FR. 3-11-20, 4-13-20


Docket 51

Tentative Ruling:

The court thanks the movants for the update. The movants ask the court to simply grant the Motion, but this request ignores the multiple reasons the court refused to grant the Motion in April. None of the facts or analysis underlying the court's decision not to grant the motion, but rather to continue it, have changed since April. There is no basis to grant the motion at this time. If the movants prefer another continuance to refiling the motion at a future time, the court will consider the continuance. What date would the movants suggest?

Party Information

Debtor(s):

La Cuesta Farming Co., Inc. Represented By Jerry Namba

Movant(s):

Juana Velasco-Torres Represented By Cynthia Rice

Cecilia Guevara Zamora Ezra Kautz

Gabriela Rendon-Vasquez Represented By Cynthia Rice

Cecilia Guevara Zamora Ezra Kautz

Cesar Jimenez-Mendoza Represented By

11:30 AM

CONT...


La Cuesta Farming Co., Inc.


Cynthia Rice

Cecilia Guevara Zamora Ezra Kautz


Chapter 7

Benito Perez-Reyes Represented By Cynthia Rice

Cecilia Guevara Zamora Ezra Kautz

Luis Morales-Garcia Represented By Cynthia Rice

Cecilia Guevara Zamora Ezra Kautz

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan Meghann A Triplett

11:30 AM

9:19-11789


Higuera Farms, Inc.


Chapter 7


#2.00 CONT'D Hearing

RE: [30] Motion and Notice of Motion for Leave to File Class Proof of Claim (Rice, Cynthia)


FR. 3-16-20, 4-13-20


Docket 30


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Higuera Farms, Inc. Represented By Jerry Namba

Movant(s):

Juana Velasco-Torres Represented By Cynthia Rice

Cecilia Guevara Zamora Ezra Kautz

Gabriela Rendon-Vasquez Represented By Cynthia Rice

Cecilia Guevara Zamora Ezra Kautz

Cesar Jimenez-Mendoza Represented By Cynthia Rice

Cecilia Guevara Zamora Ezra Kautz

Benito Perez-Reyes Represented By Cynthia Rice

Cecilia Guevara Zamora Ezra Kautz

11:30 AM

CONT...


Higuera Farms, Inc.


Chapter 7

Luis Morales-Garcia Represented By Cynthia Rice

Cecilia Guevara Zamora Ezra Kautz

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan Meghann A Triplett

11:30 AM

9:17-11579


Robert Hesselgesser M.D.


Chapter 7


#3.00 CONT'D Status Hearing

RE: [1] Chapter 7 Involuntary Petition Against an Individual. Charles W. Aarni Employee Profit Sharing Plan (attorney Beth Gaschen), Allan Chodor (attorney Beth Gaschen), Mary and Marvin Owen 1993 Trust (attorney Beth Gaschen), The McGowan Exemption Trust dated 03/26/2003 (attorney Beth Gaschen) .


FR. 11-7-17, FR. 12-5-17, 1-24-18, 2-1-18, 5-8-18, 8-7-18, 11-13-18, 2-11-19,

3-19-19, 11-5-19, 3-3-20, 7-13-20


*******

All appearances for the July 13, 2020 calendar will be via Zoom and not via Court Call. All parties participating in these hearings may connect from the zoom link listed below. This service is free of charge. You may participate using a computer or telephone.


Join by Computer

Meeting URL: https://cacb.zoomgov.com/j/1602302770


Meeting ID: 160 230 2770

Password: 791334


Join by Telephone

For higher quality, dial a number based on your current location.


Dial: US: +1 669 254 5252 or +1 646 828 7666

Meeting ID: 160 230 2770

Password: 791334

Docket 1

Tentative Ruling:

Available dates for a continued status conference include February 24, March

11:30 AM

CONT...

Robert Hesselgesser M.D.

Chapter 7

3, and March 10.

Party Information

Debtor(s):

Robert Hesselgesser M.D. Pro Se

Trustee(s):

Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen

11:30 AM

9:17-11579


Robert Hesselgesser M.D.


Chapter 7

Adv#: 9:20-01040 Faith v. Hesselgesser


#4.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01040. Complaint by Jeremy W. Faith against Robert Hesselgesser. (Charge To Estate). Complaint for Denial of Debtor's Discharge Pursuant to 11 U.S.C. §§ 727(a)(2) AND 727(a)(4) Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Gaschen, Beth)


FR. 9-14-20


Docket 1


Tentative Ruling:

Have the parties selected a mediator yet? The court typically will set a status conference about 90 days out to give the parties time to finish mediation.

Party Information

Debtor(s):

Robert Hesselgesser M.D. Pro Se

Defendant(s):

Robert Hesselgesser Represented By Simon J Dunstan

Plaintiff(s):

Jeremy W. Faith Represented By Beth Gaschen

Trustee(s):

Jeremy W. Faith (TR) Represented By Jeffrey I Golden Beth Gaschen

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et


#5.00 CONT'D Status Hearing

RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)


FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19

ADVANCED FROM 1-8-20, 1-7-20, 2-4-20, 4-28-20, 8-25-20, 10-13-20


Docket 156

Tentative Ruling:

Do the parties have dates in mind for dispositive motions? Other dates? 10/13/2020 Tentative Ruling:

The court understands that mediation was not successful.


The dates in the status report for trial are pretty different. When would you suggest a trial date?


Initial disclosures need to be completed in accordance with the rules. Are the parties really going to argue about this?


When do Defendants plan to file their summary judgment motion?

11:30 AM

CONT...


Channel Technologies Group, LLC


Chapter 11

Do Plaintiffs intend to file a similar motion? When?


The court can set dates for full compliance for initial disclosures, other discovery deadlines, and a further status conference. Other deadlines might be appropriate now too.

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

Blue Wolf Capital Partners, LLC Represented By

Christopher O Rivas Howard Steinberg

Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg

Gladstone Investment Corporation Represented By

Cheryl S Chang Craig N Haring

Blue Wolf Capital Advisors L.P. Represented By

Christopher O Rivas Howard Steinberg

BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg

CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin

CTS Corporation Represented By Jonathan Boustani

11:30 AM

CONT...


Channel Technologies Group, LLC


Paul J Laurin


Chapter 11

Duff & Phelps Represented By Christopher O Rivas

CIT BANK, N.A. Pro Se

Plaintiff(s):

Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 7

Adv#: 9:19-01066 Itkin v. Organizacion Ideal S. de R.L. de C.V.


#6.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01066. Complaint by Robbin L Itkin against Princess Mundo Imperial Hotel. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(12 (Recovery of money/property - 547 preference)) (Riley, David)


FR. 3-24-20, 7-28-20


Docket 1

Tentative Ruling:

Available dates for a continued status conference include February 10, 17, and 24.

Party Information

Debtor(s):

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Organizacion Ideal S. de R.L. de Pro Se

Plaintiff(s):

Robbin L Itkin Represented By David M Riley Eric D Goldberg

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited

Robbin L. Itkin Lovee D Sarenas


Chapter 7

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 7

Adv#: 9:19-01067 Itkin v. SMANA HOTEL AL RAFFA et al


#7.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01067. Complaint by Robbin L Itkin against SMANA HOTEL AL RAFFA, RAJESH BAHETI. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)


FR. 3-24-20, 7-28-20


Docket 1

Tentative Ruling:

Available dates for a continued status conference include February 10, 17, and 24.

Party Information

Debtor(s):

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

SMANA HOTEL AL RAFFA Pro Se

RAJESH BAHETI Pro Se

Plaintiff(s):

Robbin L Itkin Represented By David M Riley Eric D Goldberg

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited

David M Riley Robbin L. Itkin Lovee D Sarenas


Chapter 7

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 7

Adv#: 9:19-01068 Itkin v. Zen Co., Ltd


#8.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01068. Complaint by Robbin L Itkin against Zen Co., Ltd. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Riley, David)


FR. 3-24-20, 7-28-20


Docket 1

Tentative Ruling:

Available dates for a continued status conference include February 10, 17, and 24.

Party Information

Debtor(s):

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Zen Co., Ltd Pro Se

Plaintiff(s):

Robbin L Itkin Represented By David M Riley Eric D Goldberg

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited

Lovee D Sarenas


Chapter 7

11:30 AM

9:17-12045


Bikram's Yoga College of India LP, a limited


Chapter 7

Adv#: 9:19-01071 Itkin v. Bhattachriya et al


#9.00 CONTD. Status Hearing

RE: [1] Adversary case 9:19-ap-01071. Complaint by Robbin L Itkin against Sumanta Bhattachriya, Bikram Hotyoga Co. Ltd.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))) (Goldberg, Eric)


FR. 3-24-20, 7-28-20


Docket 1


Tentative Ruling:

Available dates for a continued status conference include February 10, 17, and 24.


The court has the same comment regarding all of the adversary proceedings set for today. These cases were filed ten months ago. The court understands that service on defendants outside of the country isn't easy, but it seems like more than another status report with a comment like "the trustee is working on service" would be appropriate at this time.

Party Information

Debtor(s):

Bikram's Yoga College of India LP, a Represented By

Martin J Brill

Krikor J Meshefejian

Defendant(s):

Sumanta Bhattachriya Pro Se

Bikram Hotyoga Co. Ltd. Pro Se

11:30 AM

CONT...


Bikram's Yoga College of India LP, a limited


Chapter 7

Plaintiff(s):

Robbin L Itkin Represented By Eric D Goldberg David M Riley

Trustee(s):

Robbin L Itkin (TR) Represented By Eric D Goldberg David M Riley Robbin L. Itkin Lovee D Sarenas

11:30 AM

9:18-11505


Jeffrey Scott Lewis


Chapter 13

Adv#: 9:19-01002 Schmitz & Associates, Inc. et al v. Lewis et al


#10.00 Status Hearing

RE: [1] Adversary case 9:19-ap-01002. Complaint by Schmitz & Associates, Inc. , Donald W. Schmitz, II against Jeffrey Scott Lewis , Debra Sue Lewis . (Nature[s] of Suit: (62 Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud) (67 Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny) (68 Dischargeability - 523(a)(6), willful and malicious injury) (65 Dischargeability - other))


FR. 3-12-19, 8-16-19, 8-27-19, 11-20-19, 4-29-20


Docket 1

*** VACATED *** REASON: Stipulated order entered on 10-13-20. Hearing continued to May 26, 2021 at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jeffrey Scott Lewis Represented By Kevin T Simon

Defendant(s):

Jeffrey Scott Lewis Pro Se

Debra Sue Lewis Pro Se

Joint Debtor(s):

Debra Sue Lewis Represented By Kevin T Simon

Plaintiff(s):

Schmitz & Associates, Inc. Represented By William C Beall

11:30 AM

CONT...


Jeffrey Scott Lewis


Chapter 13

Donald W. Schmitz, II Represented By William C Beall

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11625


Shane Patrick Mahan


Chapter 7

Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al


#11.00 CONT'D Status Hearing

RE: [25] Amended Complaint First Amended Complaint by Meghan Canty Murphey on behalf of William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Jeremy W. Faith, Chapter 7 Trustee, Legacy Effects, LLC, Shane Patrick Mahan. (RE: related document(s)1 Adversary case 9:19-

ap-01057. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, Shane Patrick Mahan, Legacy Effects, LLC, John D. Monte. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)) filed by Plaintiff William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02). (Attachments: # 1 Exhibit Exhibit 1 # 2 Exhibit Exhibit 2 # 3 Exhibit Exhibit 3 # 4 Affidavit Exhibit 4 # 5 Exhibit Exhibit 5 # 6 Exhibit

Exhibit 6 # 7 Exhibit Exhibit 7 - Part 2 # 8 Exhibit Exhibit 7 - Part 2 # 9 Exhibit

Exhibit 7 - Part 3 # 10 Exhibit Exhibit 7 - Part 4 # 11 Exhibit Exhibit 8) (Reynolds, Richard)


FR. 5-18-20, 6-23-20, 9-1-20


Docket 25


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Shane Patrick Mahan Pro Se

Defendant(s):

Shane Patrick Mahan Pro Se

Legacy Effects, LLC Represented By Lee T Dicker

John D. Monte Pro Se

11:30 AM

CONT...


Shane Patrick Mahan


Chapter 7

Jeremy W. Faith, Chapter 7 Trustee Represented By

Todd A Frealy Lindsey L Smith Richard P Steelman Jr

Plaintiff(s):

William G. Joiner, as Trustee of the Represented By

Richard J Reynolds Meghan C Murphey Joseph P Buchman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith

11:30 AM

9:19-11625


Shane Patrick Mahan


Chapter 7

Adv#: 9:19-01079 William G. Joiner, as Trustee of the William G. Jo v. Mahan


#12.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01079. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Shane Patrick Mahan. (Nature of Suit: (41 - Objection / revocation of discharge - 727(c),(d),(e))). (Reynolds, Richard)


FR. 2-24-20, 3-16-20, 7-21-20, 9-1-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Shane Patrick Mahan Pro Se

Defendant(s):

Shane Patrick Mahan Pro Se

Plaintiff(s):

William G. Joiner, as Trustee of the Represented By

Richard J Reynolds Meghan C Murphey Joseph P Buchman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith

11:30 AM

9:20-10111


Kiki Leigh Scheiblauer


Chapter 7

Adv#: 9:20-01037 Griffith & Thornburgh, LLP et al v. Scheiblauer


#13.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01037. Complaint by Griffith & Thornburgh, LLP, Paul Capritto against Kiki Leigh Scheiblauer. false pretenses, false representation, actual fraud)) (Torres, Felicita)


FR. 8-25-20


Docket 1

*** VACATED *** REASON: Rescheduled by the Court to December 9, 2020 at 11:30am

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kiki Leigh Scheiblauer Represented By James Studer

Defendant(s):

Kiki Leigh Scheiblauer Represented By James Studer

Plaintiff(s):

Griffith & Thornburgh, LLP Represented By Felicita A Torres

Paul Capritto Represented By

Felicita A Torres

Trustee(s):

Jerry Namba (TR) Pro Se

1:30 PM

9:20-10554


Community Provider of Enrichment Services, Inc.


Chapter 11


#14.00 CONT'D Status Conference on Motion/Hearing to consider approval of the Sale, including approval of the Winning Bid and Backup Bid (if any), and to consider authorizing the assumption and assignment of the Assumed Contracts

FR. 11-3-20


Docket 386


Tentative Ruling:

The court has read all of the pleadings.


We aren't going to spend time at the hearing discussing who was cooperative or uncooperative; it isn't productive, and it isn't relevant to the matter set for hearing.


The Debtor should begin with a clear description of the specific relief they're seeking, and the basis for that relief. DES/DDD should address whether that specific relief is appropriate. It appears, based on the Reply, that there may be some requested relief that is agreed upon by the parties. If that's the case, please describe specifically what that is (including the bidders, purchase prices, and assets involved) before addressing relief that is not agreed upon. Please be prepared to discuss case law supporting your position. The court will also ask for comments from the U.S. Trustee and the Patient Care Ombudsman.

Party Information

Debtor(s):

Community Provider of Enrichment Represented By

Ryan M Salzman

11:30 AM

2: -


ZOOM INFORMATION


Chapter


#0.00 All hearings on this 11:30 AM calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/1610692981


ZoomGov meeting number: 161 069 2981


Password: 476799


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions



Docket 0


Tentative Ruling:

11:30 AM

CONT...


ZOOM INFORMATION


Chapter

- NONE LISTED -

11:30 AM

2:14-19226


Eliminator Custom Boats, Inc.


Chapter 11

Adv#: 2:19-01014 Gotfredson v. Wong et al


#1.00 Hearing RE: [5] Motion for Remand fr.9-24-20, 10-20-20


Docket 5


Tentative Ruling:

Please be prepared to focus on the Barton issues at the hearing.

Party Information

Debtor(s):

Eliminator Custom Boats, Inc. Represented By James E Till

Defendant(s):

James Y Wong Pro Se

Armory Consulting Co. Pro Se

Eliminator Custom Boats, Inc. Represented By James E Till

Plaintiff(s):

Elliott Gotfredson Represented By

E Jay Gotfredson James E Till

11:30 AM

2:14-19226


Eliminator Custom Boats, Inc.


Chapter 11

Adv#: 2:19-01014 Gotfredson v. Wong et al


#2.00 Contd. Status Hearing RE: [1] Adversary case 2:19-ap-01014. Complaint by Elliott Gotfredson against James Y Wong, Armory Consulting Co., Eliminator Custom Boats, Inc.. (Fee Not PAID-FEE DEFFERRED). Nature of Suit: (01 (Determination of removed claim or cause))

Fr. 8-12-20


fr.9-24-20, 10-20-20


Docket 1


Tentative Ruling:

The court won't consider remand without a noticed motion and opportunity to respond. FRBP 9027(d), 9014.

Party Information

Debtor(s):

Eliminator Custom Boats, Inc. Represented By James E Till

Defendant(s):

James Y Wong Pro Se

Armory Consulting Co. Pro Se

Eliminator Custom Boats, Inc. Represented By James E Till

Plaintiff(s):

Elliott Gotfredson Represented By

E Jay Gotfredson James E Till

11:30 AM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11


#3.00 Hearing RE: [100] Application to Employ Drew H. Sherman as Special Counsel


Docket 100


Tentative Ruling:

The court thanks the parties for agreeing to have this matter heard in the morning. This matter will be called first.


Have the debtor and proposed counsel been able to address all of the issues raised in the U.S. Trustee's objection to resolve the objection?

Party Information

Debtor(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Movant(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

1:30 PM

2: -


ZOOM INFORMATION


Chapter


#0.00 All hearings on this calendar 1:30 PM will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/1608994818


ZoomGov meeting number: 160 899 4818


Password: 429194


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."



Docket 0


Tentative Ruling:

- NONE LISTED -

1:30 PM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11


#3.00 Hearing RE: [100] Application to Employ Drew H. Sherman as Special Counsel


Docket 100

*** VACATED *** REASON: RESCHEDULED BY THE COURT TO 11:30 AM

Tentative Ruling:

Have the debtor and proposed counsel been able to address all of the issues raised in the U.S. Trustee's objection to resolve the objection?

Party Information

Debtor(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Movant(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

1:30 PM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11

Adv#: 2:20-01636 Los Angeles School of Gymnastics, Inc. v. Super Redondo, LLC et al


#4.00 Hearing RE: [6] Motion for Preliminary Injunction Against Super Redondo, LLC and Fariba Danesh as Trustee of the Danesh Family Trust

fr.10-28-20


Docket 6

*** VACATED *** REASON: Contd. by Stip. to 12/8/20 at 11:30 AM; Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Defendant(s):

Super Redondo, LLC Pro Se

Fariba Danesh as trustee of the Pro Se

Movant(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Plaintiff(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

1:30 PM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11


#5.00 Contd. Final Hearing RE: [36] Emergency Motion for Authority to (A) Use Cash Collateral on an Interim Basis Pending A Final Hearing and (B) Grant Replacement Liens


Docket 36

*** VACATED *** REASON: Withdrawal of Mtn. filed 11/6/20 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Movant(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

1:00 PM

9: - Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1601160803

ZoomGov meeting number: 160 116 0803

Password: 575869

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0

1:00 PM

9:20-10554


Community Provider of Enrichment Services, Inc.


Chapter 11


#1.00 CONT'D Status Conference on Motion/Hearing to consider approval of the Sale, including approval of the Winning Bid and Backup Bid (if any), and to consider authorizing the assumption and assignment of the Assumed Contracts

FR. 11-3-20, 11-10-20


Docket 386

Debtor(s):

*** VACATED *** REASON: Off Calendar.

Party Information

Community Provider of Enrichment Represented By

Ryan M Salzman

11:30 AM

9: - Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1616007244

ZoomGov meeting number: 161 600 7244

Password: 176898

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."



Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:17-10904


Manuel Rodrigues and Diana M. Rodrigues


Chapter 13


#1.00 Declaration re: of NewRez LLC d/b/a Shellpoint Mortgage Servicing Default Under Adequate Protection Order; Request For Entry Of Order Granting Relief From Stay with Proof of Service Filed by Creditor The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-8 (RE: related document(s)36 Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 398 Elisa Ct., Buellton, CA 93427 . Fee Amount $181,). (Attachments: # 1 Exhibit) (Martinez, Kirsten)


FR. 7-13-20, 9-14-20


Docket 78

*** VACATED *** REASON: Stipulated order entered on 11-16-20. Hearing continued to January 20, 2021 at 11:30am.

Tentative Ruling:

Please update the court on payments made and received.

Party Information

Debtor(s):

Manuel Rodrigues Represented By William C Beall

Joint Debtor(s):

Diana M. Rodrigues Represented By William C Beall

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11091


Telby Beltran


Chapter 13


#2.00 HearingRE: [66] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 4741 Avalon Ave Santa Barbara, CA 93110 . (Martinez, Kirsten)


Docket 66


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).

Party Information

Debtor(s):

Telby Beltran Represented By Susan Salehi

11:30 AM

CONT...

Movant(s):


Telby Beltran


Chapter 13

HSBC Bank USA, National Represented By Kirsten Martinez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11142


Pablo Javier Pesantez and Catalina Pesantez


Chapter 13


#3.00 HearingRE: [60] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Volkswagen Tiguan . (Martinez, Kirsten)


Docket 60


Tentative Ruling:

Is the account current? What is the status of APO discussions?

Party Information

Debtor(s):

Pablo Javier Pesantez Represented By

Raj T Wadhwani

Joint Debtor(s):

Catalina Pesantez Represented By

Raj T Wadhwani

Movant(s):

VW Credit Leasing, LTD Represented By Kirsten Martinez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11352


Jay Brian Schoen


Chapter 13


#4.00 HearingRE: [81] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 96 East Boulder Creek Road Simi Valley CA 93065 . (Chandra, Sam)


Docket 81


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay. GRANT annulment.


Deny all extraordinary relief (including eviction without further notice), as no cause is shown (prayer for relief paragraphs 7, 9, 10, and 11).


MOVANT TO LODGE ORDER WITHIN 7 DAYS.

Party Information

Debtor(s):

Jay Brian Schoen Represented By Rob R Nichols

11:30 AM

CONT...

Movant(s):


Jay Brian Schoen


Chapter 13

Hollyvale Rental Holdings, LLC Represented By

Sam Chandra

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10010


Jonathan Charles Bay


Chapter 13


#5.00 HearingRE: [33] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 652 Woodlawn Drive, Thousand Oaks, California 91360 .


Docket 33


Tentative Ruling:

Have the parties discussed the proposed sale? What is the status?

Party Information

Debtor(s):

Jonathan Charles Bay Represented By

Rabin J Pournazarian

Movant(s):

Wilmington Trust, National Represented By

Erica T Loftis Pacheco

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10413


Humberto M Martinez


Chapter 13


#6.00 HearingRE: [41] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 BMW 4 Series 440i xDrive Coupe 2D . (Johnson, Marjorie)


Docket 41


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Humberto M Martinez Represented By Bryan Diaz

Movant(s):

Financial Services Vehicle Trust Represented By

Marjorie M Johnson

11:30 AM

CONT...

Trustee(s):


Humberto M Martinez


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-11154


Sammie Pearl Stones


Chapter 13


#7.00 CONT'D Hearing

RE: [14] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 15112 Varsity Street, Unit E, Moorpark, CA 93021 with proof of service.


FR. 10-14-20


Docket 14


Tentative Ruling:

The court will deem notice adequate. Grant.

Movant to lodge order within seven days. No appearances required.

Party Information

Debtor(s):

Sammie Pearl Stones Represented By

Rabin J Pournazarian

Movant(s):

Sammie Pearl Stones Represented By

Rabin J Pournazarian Rabin J Pournazarian

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-11265


Brian Lee Fox


Chapter 13


#8.00 HearingRE: [9] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 251 Palomares Avenue, Ventura, CA 93003 .


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Brian Lee Fox Represented By Reed H Olmstead

Movant(s):

Brian Lee Fox Represented By Reed H Olmstead

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10898


Corrie M Ratzat and Jacob S Ratzat


Chapter 7


#9.00 Hearing

RE: [26] Motion for Relief from Stay (Personal Property), Filed by Mountain America Credit Union .


Docket 26


Tentative Ruling:

Continue for proper service on the debtors as required by LBR 4001-1(c)(1) (C)(i) (movant served only their counsel, which is insufficient).


The first available hearing date to allow for the full notice period is 12/9/20 at 11:30. The motion and notice of hearing must be served to allow for the full notice period.


No appearance unless movant would like to request a different hearing date.

Party Information

Debtor(s):

Corrie M Ratzat Represented By Richard E Rossi

Joint Debtor(s):

Jacob S Ratzat Represented By Richard E Rossi

Movant(s):

Mountain America Credit Union Represented By

Jeffrey A Clark

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10901


Jason Roelling and Deseree Roelling


Chapter 7


#10.00 HearingRE: [14] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 SUBARU WRX, VIN JF1VA1L67G9810102 . (Ith, Sheryl)


Docket 14


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


As to Debtors:

DENY as moot; discharge was entered on 11/9/20.


As to Estate: AFTER A REVISED DECLARATION IS FILED WITH A

PROPER SIGNATURE (not a handwriting font): GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER AND FILE REVISED DECLARATION WITH SIGNATURE WITHIN 7 DAYS.


Party Information

11:30 AM

CONT...

Debtor(s):


Jason Roelling and Deseree Roelling


Chapter 7

Jason Roelling Represented By Kenneth H J Henjum

Joint Debtor(s):

Deseree Roelling Represented By Kenneth H J Henjum

Movant(s):

TD Auto Finance LLC Represented By Sheryl K Ith

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-11076


IVAN HERNANDEZ


Chapter 7


#11.00 HearingRE: [9] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 Nissan Kicks . (Martinez, Kirsten)


Docket 9


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

IVAN HERNANDEZ Represented By Emmanuel F Fobi

Movant(s):

Nissan Motor Acceptance Represented By Kirsten Martinez

11:30 AM

CONT...

Trustee(s):


IVAN HERNANDEZ


Chapter 7

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-11079


Jimmy Ray Padilla and Cindy Kay Padilla


Chapter 7


#12.00 HearingRE: [11] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2019 Ford Explorer, VIN: 1FM5K7D80KGA52002 . (Ith, Sheryl)


Docket 11


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Jimmy Ray Padilla Represented By David L Hagan

Joint Debtor(s):

Cindy Kay Padilla Represented By David L Hagan

11:30 AM

CONT...

Movant(s):


Jimmy Ray Padilla and Cindy Kay Padilla


Chapter 7

Ford Motor Credit Company LLC Represented By

Sheryl K Ith

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-11107


Maria L. Corrilo


Chapter 7


#13.00 HearingRE: [10] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Nissan Versa Note . (Martinez, Kirsten)


Docket 10


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Maria L. Corrilo Represented By Monica Robles

Movant(s):

Nissan Motor Acceptance Represented By Kirsten Martinez

11:30 AM

CONT...

Trustee(s):


Maria L. Corrilo


Chapter 7

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-11115


Marsha Davis-McDaniels


Chapter 7


#14.00 HearingRE: [9] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 551 Irving Drive, Thousand Oaks, CA 91360 with Proof of Service.


Docket 9


Tentative Ruling:

Appearances required.


Debtor(s):


Party Information

Marsha Davis-McDaniels Represented By Matthew D. Resnik

Movant(s):

Matt Hannigan Represented By David Brian Lally

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-11123


Peter James Compton


Chapter 7


#15.00 HearingRE: [24] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: . (Brunette, Richard)


Docket 24


Tentative Ruling:

Have the movant and the trustee agreed on acceptable scope of relief?

Party Information

Debtor(s):

Peter James Compton Represented By Reed H Olmstead

Movant(s):

Lynn Compton Represented By Richard W Brunette

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-11171


Nina Evelyn Richert


Chapter 7


#16.00 HearingRE: [8] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Ford Edge, VIN: 2FMPK3J90HBB79962 . (Ith, Sheryl)


Docket 8


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Nina Evelyn Richert Represented By Michael D Sudman

Movant(s):

Cab West, LLC Represented By Sheryl K Ith

11:30 AM

CONT...

Trustee(s):


Nina Evelyn Richert


Chapter 7

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:18-10828


Armando Gonzalez and Wendy Gonzalez


Chapter 7


#17.00 HearingRE: [171] Motion RE: Objection to Claim Number 1 by Claimant Harry Gelles. as a Secured Claim and Allowing Claim as a General Unsecured Claim; Declaration of Sandra K. McBeth in Support Thereof; Notice of Motion; with Proof of Service (McBeth (TR), Sandra)


Docket 171


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. The objection to claim no. 1 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j) (3). NO APPEARANCE IS NECESSARY.


GRANT all requested relief. The claim is disallowed as a secured claim and allowed as a general unsecured claim.


Movant to submit order within seven days.


Party Information

Debtor(s):

Armando Gonzalez Pro Se

Joint Debtor(s):

Wendy Gonzalez Pro Se

11:30 AM

CONT...

Movant(s):


Armando Gonzalez and Wendy Gonzalez


Chapter 7

Sandra McBeth (TR) Represented By Sandra McBeth

Trustee(s):

Sandra McBeth (TR) Represented By Sandra McBeth

11:30 AM

9:18-10828


Armando Gonzalez and Wendy Gonzalez


Chapter 7


#18.00 Hearing

RE: [172] Motion RE: Objection to Claim Number 5 by Claimant Joyce Lee Jordan. as a Secured Claim and Allowing Claim as a General Unsecured Claim; Declaration of Sandra K. McBeth in Support Thereof; Notice of Motion; with Proof of Service (McBeth (TR), Sandra)


Docket 172

*** VACATED *** REASON: Trustee withdrew motion objecting to claim 11/9/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Armando Gonzalez Pro Se

Joint Debtor(s):

Wendy Gonzalez Pro Se

Movant(s):

Sandra McBeth (TR) Represented By Sandra McBeth

Trustee(s):

Sandra McBeth (TR) Represented By Sandra McBeth

11:30 AM

9:18-10828


Armando Gonzalez and Wendy Gonzalez


Chapter 7


#19.00 HearingRE: [173] Motion RE: Objection to Claim Number 22 by Claimant Cynthia Weiss. as a Secured Claim and Allowing Claim as a General Unsecured Claim; Declaration of Sandra K. McBeth in Support Thereof; Notice of Motion; with Proof of Service (McBeth (TR), Sandra)


Docket 173


Tentative Ruling:

The motion is unopposed, and there is cause for the relief. What is the allowed claim amount? $90,000 or $95,000? The proof of claim refers to both numbers. The default judgment amount for this creditor in the 523 action is

$95,500.

Party Information

Debtor(s):

Armando Gonzalez Pro Se

Joint Debtor(s):

Wendy Gonzalez Pro Se

Movant(s):

Sandra McBeth (TR) Represented By Sandra McBeth

Trustee(s):

Sandra McBeth (TR) Represented By Sandra McBeth

11:30 AM

9:18-10828


Armando Gonzalez and Wendy Gonzalez


Chapter 7


#20.00 HearingRE: [174] Motion RE: Objection to Claim Number 44 by Claimant Margaret Martinez. as a Secured Claim and Allowing Claim as a General Unsecured Claim; Declaration of Sandra K. McBeth in Support Thereof; Notice of Motion; with Proof of Service (McBeth (TR), Sandra)


Docket 174


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. The objection to claim no. 44 was set for hearing on the notice required by FRBP 3007 and Local Bankruptcy Rules (“LBR”) 3007-1 and 9013-1(d)(2). The failure of the claimant to file written opposition at least 14 days before the hearing as required by LBR 3007-1(b)(6) and 9013-1(h) is deemed consent to the sustaining of the objection. See LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief requested by the moving party and for which a prima facie case has been established, an actual hearing is not necessary. See Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). The claimant’s default will be entered and the matter will be resolved without oral argument. LBR 9013-1(j) (3). NO APPEARANCE IS NECESSARY.


GRANT all requested relief. The claim is disallowed as a secured claim and allowed as a general unsecured claim.


Movant to submit order within seven days.


Party Information

Debtor(s):

Armando Gonzalez Pro Se

Joint Debtor(s):

Wendy Gonzalez Pro Se

11:30 AM

CONT...

Movant(s):


Armando Gonzalez and Wendy Gonzalez


Chapter 7

Sandra McBeth (TR) Represented By Sandra McBeth

Trustee(s):

Sandra McBeth (TR) Represented By Sandra McBeth

11:30 AM

9:19-12036


Walter W. Knauss and Catherine Lynn Knauss


Chapter 7


#21.00 HearingRE: [114] Motion for Turnover of Property ; Notice; and Declarations in Support (Yoo, Timothy)


Docket 114


Tentative Ruling:

The court, while sympathetic to the Debtors' worries, finds that there is cause to grant the motion. This isn't an eviction or a motion seeking relief from stay, so the Debtors' arguments miss the mark. Further, the trustee has made every effort to work with the Debtors, and it is unfortunate that their lack of cooperation has led to this point.


Please attempt to work out a schedule for turnover before the hearing.

Party Information

Debtor(s):

Walter W. Knauss Represented By John D Faucher

Joint Debtor(s):

Catherine Lynn Knauss Represented By John D Faucher

Movant(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Carmela Pagay

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Carmela Pagay

11:30 AM

9:20-10807


Gerald Allen Freeman


Chapter 7


#22.00 HearingRE: [25] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) MOTION FOR ORDER AUTHORIZING TRUSTEE TO SELL REAL PROPERTY, TO PAY COSTS OF SALE AND SATISFY CERTAIN OBLIGATIONS SECURED BY THE PROPERTY, TO SELL FREE AND CLEAR OF LIENS, FOR A FINDING THAT BUYER IS A GOOD FAITH PURCHASER UNDER 11 U.S.C. § 363(m), FOR WAIVER OF THE STAY UNDER BANKRUPTCY RULE 6004(h); MEMORANDUM OF POINTS AND AUTHORITIES; PROPOSED OVERBID PROCEDURE; SUPPORTING DECLARATION OF JERRY NAMBA. (Olmstead,

Reed)


Docket 25


Tentative Ruling:

Provided the issues in the limited objection are resolved, grant and approve sale to the proposed buyer subject to overbid at the hearing.

Party Information

Debtor(s):

Gerald Allen Freeman Represented By Randall V Sutter

Movant(s):

Jerry Namba (TR) Represented By Reed H Olmstead

Trustee(s):

Jerry Namba (TR) Represented By Reed H Olmstead

11:30 AM

9:20-11020


Rowland W. Twisselman and Catherine A. Twisselman


Chapter 12


#23.00 Hearing

RE: [13] Motion to Use Cash Collateral with proof of service FR. 9-22-20

Docket 13


Tentative Ruling:

Have the parties finalized a stipulation and order?

Party Information

Debtor(s):

Rowland W. Twisselman Represented By William C Beall Carissa N Horowitz

Joint Debtor(s):

Catherine A. Twisselman Represented By William C Beall Carissa N Horowitz

Movant(s):

Rowland W. Twisselman Represented By William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall William C Beall Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz

11:30 AM

CONT...


Rowland W. Twisselman and Catherine A. Twisselman

Carissa N Horowitz Carissa N Horowitz Carissa N Horowitz


Chapter 12

Catherine A. Twisselman Represented By William C Beall William C Beall Carissa N Horowitz Carissa N Horowitz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-10291


Golf View Lane Limited Partnership, a California L


Chapter 11


#24.00 HearingRE: [159] Application for Compensation for Robert M Yaspan, Special Counsel, Period: 8/1/2019 to 5/25/2020, Fee: $59,815.60, Expenses: $5,372.85.


Docket 159

Tentative Ruling:


The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

GRANT all relief requested. The application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Golf View Lane Limited Partnership, Represented By

Joseph G McCarty

M. Jonathan Hayes Robert M Yaspan

Movant(s):

Golf View Lane Limited Partnership, Represented By

Joseph G McCarty

11:30 AM

CONT...


Golf View Lane Limited Partnership, a California L

M. Jonathan Hayes Robert M Yaspan


Chapter 11

11:30 AM

9:19-10291


Golf View Lane Limited Partnership, a California L


Chapter 11


#25.00 HearingRE: [155] Application for Compensation First and Final Application by Resnik Hayes Moradi LLP, General Bankruptcy Counsel for the Debtor, for Allowance of Fees for the Period April 12, 2019 Through May 11, 2020; Declaration of M. Jonathan Hayes and Trevor Brilman in Support Thereof, with Proof of Service for M. Jonathan Hayes, Debtor's Attorney, Period: 4/12/2019 to 5/11/2020, Fee: $34,482.50, Expenses: $0.00.


Docket 155

Tentative Ruling:


The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

GRANT all relief requested. The application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Golf View Lane Limited Partnership, Represented By

Joseph G McCarty

M. Jonathan Hayes Robert M Yaspan

11:30 AM

CONT...

Movant(s):


Golf View Lane Limited Partnership, a California L


Chapter 11

Golf View Lane Limited Partnership, Represented By

Joseph G McCarty

M. Jonathan Hayes Robert M Yaspan

11:30 AM

9:19-10846


Advanced Media Networks, LLC


Chapter 11


#26.00 Debtor's Disclosure Statement [100] and [102] Motion for Approval of Chapter 11 Disclosure Statement, Filed by Debtor Advanced Media Networks, LLC. (Steinberg, Peter)


Docket 100


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Advanced Media Networks, LLC Represented By

Peter T Steinberg

11:30 AM

9:20-11072


Valley Farm Supply, Inc.


Chapter 11


#27.00 HearingRE: [50] Application for Compensation Objection to Notice of Setting/Increasing Insider Compensation and Request for Hearing.


Docket 50


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Valley Farm Supply, Inc. Represented By William C Beall Carissa N Horowitz

Movant(s):

Nutrien Ag c/o Steven Stoker Esq. Represented By

Steven R Stoker

11:30 AM

9:20-11072


Valley Farm Supply, Inc.


Chapter 11


#28.00 Chapter 11 Status Conference


Docket 1

Tentative Ruling:

Set bar date of 2/15/21. Notice by 12/4/20.

Is claim objection deadline of 3/15/21 sufficient? Set plan and disclosure deadline as 5/17/21.

Party Information

Debtor(s):

Valley Farm Supply, Inc. Represented By William C Beall Carissa N Horowitz

11:30 AM

9:20-11239

Coto Investments, Inc.

Chapter 11


#29.00 CONT'D Hearing (Final Hearing)

RE: [7] Emergency motion Emergency Motion for Order Approving establishment of Adequate Assurance Payments with Respect to Debtors Utilities; Memorandum of Points and authorities in Support Thereof with Proof of Service


FR. 10-15-20


Docket 7


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Coto Investments, Inc. Represented By Robert P Goe Charity J Manee

Movant(s):

Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee

11:30 AM

9:20-11239


Coto Investments, Inc.


Chapter 11


#30.00 CONT'D Hearing

RE: [8] Emergency motion Emergency Motion for Order Authorizing (1) Maintenance of Certain Pre-Petition Bank Accounts for 30 Days; and (2) Reimbursement of Debtor's Principals' Credit Cards for Business Purchases; Memorandum of Points and Authorities in Support thereof with Proof of Service


FR. 10-15-20


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Coto Investments, Inc. Represented By Robert P Goe Charity J Manee

Movant(s):

Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee

11:30 AM

9:20-11239


Coto Investments, Inc.


Chapter 11


#31.00 Chapter 11 Status Conference


Docket 1

Tentative Ruling:

Set bar date of 1/22/21. Notice by 11/23/20. Set claim objection date of 3/15/21.

Set plan and disclosure deadline as 4/9/21.

Party Information

Debtor(s):

Coto Investments, Inc. Represented By Robert P Goe Charity J Manee

11:30 AM

9:17-11363

Rajysan, Inc.

Chapter 11

Adv#: 9:18-01040 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#32.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01040. Complaint by The Official Committee of Unsecured Creditors against Gurpreet Sahani, Gurpreet Gurpreet Sahani as Trustee of The Green Acres Trust Dated May 10, 2017, Rajinder Sahani, Amarjit Sahani, Shaheen Sahani. Recovery, and Preservation of Preferential Transfers;

  1. Avoidance, Recovery, and Preservation of Intentional Fraudulent Transfers;

  2. Avoidance, Recovery, and Preservation of Constructive Fraudulent Transfers; (4) Breach of Fiduciary Duty; (5) Conversion/Misappropriation; (6) Civil Liability Under Penal Code § 496; (7) Unfair Business Practices (Business and Professions Code § 17200); (8) Misappropriation of Trade Secrets; (9) Declaratory Relief; (10) Quiet Title; and (11) Turnover (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(11 (Recovery of money/property - 542 turnover of property)),(91 (Declaratory judgment)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)))(Haes, Chad)


FR. 10-24-18, 4-16-19, 6-12-19, 7-23-19, 3-24-20, 6-23-20


Docket 1

*** VACATED *** REASON: Order entered on 8-12-20. Status hearing to be held on September 14, 2020 at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Gurpreet Sahani Represented By Lewis R Landau

11:30 AM

CONT...


Rajysan, Inc.


Chapter 11

Rajinder Sahani Represented By Lewis R Landau

Amarjit Sahani Represented By Lewis R Landau

Shaheen Sahani Represented By Lewis R Landau

Gurpreet Sahani as Trustee of The Represented By

Lewis R Landau

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Chad V Haes

D Edward Hays Tinho Mang

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01048 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#33.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01048. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against State of New Jersey Department of the Treasury, Taxation Division. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)


FR. 11-28-18, 4-16-19, 6-12-19, 7-23-19, 3-24-20, 6-23-20


Docket 1

*** VACATED *** REASON: Stipulated order entered on 11-12-20. Hearing continued to January 6, 2021 at 11:30am.

Tentative Ruling:

Please remember that handwriting fonts are not signatures.

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

State of New Jersey Department of Represented By

Heather Lynn Anderson

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Richard A Marshack Chad V Haes

11:30 AM

CONT...


Trustee(s):


Rajysan, Inc.


D Edward Hays


Chapter 11

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01049 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v. Los


#34.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01049. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against Los Angeles County Treasurer and Tax Collector. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)


FR. 11-28-18, 6-12-19, 7-23-19, 3-24-20, 6-23-20


Docket 1

*** VACATED *** REASON: Continued to January 6, 2021 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Los Angeles County Treasurer and Represented By

Jacquelyn H Choi

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Richard A Marshack Chad V Haes

D Edward Hays

11:30 AM

CONT...

Trustee(s):


Rajysan, Inc.


Chapter 11

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01051 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#35.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01051. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against California Franchise Tax Board. Recovery, And Preservation Of Fraudulent Transfers [11

U.S.C. §§ 548, 550, and 551]; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551]; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance Of Claims Held by Defendant [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)


AND

Status Hearing

RE: [22] Third-Party Complaint by California Franchise Tax Board against Jasmine Sahani, Gurmeet Sahani, Shaneen Sahani, Gurpreet Sahani, Rajinder Sahani, Amarjit Sahani For 1) Unjust Enrichment (Claims 1-6), 2) Constructive Trust (Claims 7-12), 3) Equitable Lien (Claims 13-18), and 4) Equitable

Indemnity (Claims 19-24).


FR. 1-30-19, 4-16-19, 6-12-19, 7-23-19, 3-24-20, 6-23-20


Docket 1

*** VACATED *** REASON: Continued to January 6, 2021 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

California Franchise Tax Board Represented By John C Keith

11:30 AM

CONT...

Rajysan, Inc.

Chapter 11

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Richard A Marshack Chad V Haes

D Edward Hays

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay

11:30 AM

9:17-11363


Rajysan, Inc.


Chapter 11

Adv#: 9:18-01052 THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of t v.


#36.00 CONT'D Status Hearing

RE: [1] Adversary case 9:18-ap-01052. Complaint by THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS of the bankruptcy estate of Rajysan, Inc., dba MMD Equipment, a California Corporation against Department of the Treasury, Internal Revenue Service. Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 548, 550, and 551]; (2) Avoidance, Recovery, and Preservation of Fraudulent Transfers [11 U.S.C. §§ 544, 550, and 551; Cal. Civ. Code §§ 3439.04, et seq.]; (3) Disallowance of Claims Held by Defendants [11 U.S.C. § 502(d)] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Haes, Chad)


FR. 11-28-18, 1-9-19, 4-16-19, 6-12-19, 7-23-19, 3-24-20, 6-23-20


Docket 1

*** VACATED *** REASON: Stipulated order entered on 11-12-20. Hearing continued to January 6, 2021 at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Rajysan, Inc. Represented By

Andrew Goodman

Defendant(s):

Department of the Treasury Pro Se

Internal Revenue Service Represented By Najah J Shariff

UNITED STATES OF AMERICA Represented By

Najah J Shariff

11:30 AM

CONT...


Rajysan, Inc.


Chapter 11

Plaintiff(s):

THE OFFICIAL COMMITTEE OF Represented By

Richard A Marshack Chad V Haes

D Edward Hays

Trustee(s):

Sandra McBeth (TR) Represented By Timothy J Yoo Adam D Grant Todd M Arnold Carmela Pagay

11:30 AM

9:20-10699


Edgar Augusto Meinhardt Iturbe


Chapter 11

Adv#: 9:20-01044 Western Star Financial, Inc. v. Sunny Acre, LLC, a limited liability company


#37.00 Status Hearing

RE: [7] Amended Complaint -- Plaintiff Western Star Financial, Inc's First Amended Complaint by Todd L Turoci on behalf of Western Star Financial, Inc. against all defendants. (RE: related document(s)1 Adversary case 9:20-

ap-01044. Complaint by Western Star Financial, Inc. against Sunny Acre, LLC, a limited liability company, TSASU, LLC, a limited liability company, Westminster Title Company, Inc., Corp Realty USA, LLC, a limited liability company, Edgard Augusto Meinhardt Iturbe, DOES 1-10 inclusive. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)),(14 (Recovery of money/property - other)) filed by Plaintiff Western Star Financial, Inc.). (Turoci, Todd)


Docket 7

*** VACATED *** REASON: The underlying bankruptcy case was dismissed on 8/12/20, and this proceeding was closed on 9/28/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Edgar Augusto Meinhardt Iturbe Pro Se

Defendant(s):

Sunny Acre, LLC, a limited liability Pro Se TSASU, LLC, a limited liability Pro Se

Westminster Title Company, Inc. Represented By

Nichole M Wong

Corp Realty USA, LLC, a limited Represented By

Mani Sheik

Edgard Augusto Meinhardt Iturbe Pro Se

DOES 1-10 inclusive Pro Se

11:30 AM

CONT...


Edgar Augusto Meinhardt Iturbe


Chapter 11

First American Title Insurance Pro Se

Plaintiff(s):

Western Star Financial, Inc. Represented By Todd L Turoci

11:30 AM

9:20-10699


Edgar Augusto Meinhardt Iturbe


Chapter 11

Adv#: 9:20-01044 Western Star Financial, Inc. v. Sunny Acre, LLC, a limited liability company


#38.00 Hearing (Rescheduled from 10/8/2020)

RE: [12] Motion to Dismiss Adversary Proceeding (Wong, Nichole)


Docket 12

*** VACATED *** REASON: The underlying bankruptcy case was dismissed on 8/12/20, and this proceeding was closed on 9/28/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Edgar Augusto Meinhardt Iturbe Pro Se

Defendant(s):

Sunny Acre, LLC, a limited liability Pro Se TSASU, LLC, a limited liability Pro Se

Westminster Title Company, Inc. Represented By

Nichole M Wong

Corp Realty USA, LLC, a limited Represented By

Mani Sheik

Edgard Augusto Meinhardt Iturbe Pro Se

DOES 1-10 inclusive Pro Se

First American Title Insurance Pro Se

Movant(s):

Westminster Title Company, Inc. Represented By

Nichole M Wong

Plaintiff(s):

Western Star Financial, Inc. Represented By

11:30 AM

CONT...


Edgar Augusto Meinhardt Iturbe


Todd L Turoci


Chapter 11

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:20-01035 Faith v. Bay Area Bottling, LLC


#39.00 Status Hearing

RE: [1] Adversary case 9:20-ap-01035. Complaint by Jeremy W. Faith against Bay Area Bottling, LLC. (Charge To Estate). - Complaint for (1) Avoidance of Post-Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)


FR. 8-4-20


Docket 1

*** VACATED *** REASON: Notice of dismissal was filed by plaintiff on 11/2/20. Case closed.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Bay Area Bottling, LLC Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy

Anthony A Friedman

11:30 AM

9:19-10135


Charolette D.W. Iverson


Chapter 7

Adv#: 9:19-01015 KELLY v. IVERSON et al


#40.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01015. Complaint by Sandra K. McBeth against Cathy Iverson. (Charge To Estate). Notice of Removal of Lawsuit Pending in State Court to Bankruptcy Court Nature of Suit: (01 (Determination of removed claim or cause)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Simons, Larry)


FR. 6-12-19, 7-16-19, 10-15-19, 12-17-19, 3-24-20, 8-10-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charolette D.W. Iverson Represented By Jeremy Faith

Defendant(s):

CHAROLETTE IVERSON Pro Se

Cathy Iverson Represented By

Candice Candice Bryner Jeremy Faith

Plaintiff(s):

AEOLAN KELLY Represented By Diane Goldman

Trustee(s):

Sandra McBeth (TR) Represented By Larry D Simons

11:30 AM

9:19-10449


Farshad Fasihi Harandi


Chapter 7

Adv#: 9:19-01035 Harandi v. Harandi


#41.00 Pre-Trial Conference

RE: [1] Adversary case 9:19-ap-01035. Complaint by Elizabeth Ann Harandi, Farshad Fasihi Harandi against Farshad Fasihi Harandi. priority or extent of lien or other interest in property)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(81 (Subordination of claim or interest))(Winston, Brandon)


Docket 1

*** VACATED *** REASON: Stipulated order vacating hearing entered on 11/5/2020. Continued as status conference to be held 1/20/21 at 11:30 am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Farshad Fasihi Harandi Represented By Amid Bahadori

Defendant(s):

Farshad Fasihi Harandi Represented By David A Tilem

Plaintiff(s):

Elizabeth Ann Harandi Represented By Brandon Winston

Trustee(s):

David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington

11:30 AM

9:19-11768


Kevin B. Gilgallon


Chapter 7

Adv#: 9:20-01026 Faith v. Reed


#42.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01026. Complaint by Jeremy Faith against Kimberly Reed. (Charge To Estate). Complaint: (1) To Avoid Preferential Transfers Pursuant to 11 U.S.C. § 547; (2) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(A); (3) To Avoid Fraudulent Transfer Pursuant to 11 U.S.C. § 548(a)(1)(B); (4) For Recovery of Avoided Transfers Under 11

U.S.C. § 550; (5) To Preserve Transfer for the Benefit of the Estate Pursuant to 11 U.S.C. § 551, (6) For Authorization to Sell Real Property in Which Co- Owner Holds Interest Pursuant to 11 U.S.C. § 363(h); and (7) For Turnover of Property of the Estate (with Proof of Service) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(31 (Approval of sale of property of estate and of a co- owner - 363(h))),(11 (Recovery of money/property - 542 turnover of property)) (Goodrich, David)


FR. 5-5-20, 7-21-20, 8-25-20, 10-6-20


Docket 1

*** VACATED *** REASON: Case has been dismissed and closed.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kevin B. Gilgallon Represented By Karen Ware

Defendant(s):

Kimberly Reed Pro Se

Plaintiff(s):

Jeremy Faith Represented By

David M Goodrich

11:30 AM

CONT...

Trustee(s):


Kevin B. Gilgallon


Chapter 7

Jeremy W. Faith (TR) Represented By David M Goodrich

11:30 AM

9:20-10671


America Elaomari


Chapter 7

Adv#: 9:20-01051 Lavi v. Elaomari


#43.00 Status HearingRE: [1] Adversary case 9:20-ap-01051. Complaint by Jamshid Lavi against America Elaomari. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) (Spitzer, Daniel)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

America Elaomari Represented By Sina Maghsoudi

Defendant(s):

America Elaomari Pro Se

Plaintiff(s):

Jamshid Lavi Represented By

Daniel B Spitzer

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

2: - Chapter 0


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/1606487813

ZoomGov meeting number: 160 648 7813

Password: 593130

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."

Docket 0

Tentative Ruling:

11:30 AM

CONT... Chapter 0

- NONE LISTED -

11:30 AM

1:20-10969


33 Valley, LLC


Chapter 11


#1.00 Hearing RE: [57] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 14533 Valley Vista Blvd., Sherman Oaks, CA 91403 .


Docket 57

*** VACATED *** REASON: Cont'd by Stip. to 12/8/20 at 11:30AM; Tentative Ruling:

Appearances required. The court urges the parties to discuss a resolution

before the hearing.

Party Information

Debtor(s):

33 Valley, LLC Represented By Raymond H. Aver

Movant(s):

Vista Land, LLC Represented By Lorraine Anderson

11:30 AM

1:20-11205


Mokhim Rasooli


Chapter 11


#2.00 Chapter 11 Scheduling and Case Management Conference fr. 8-26-20,9-9-20,9-23-20


Docket 5


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mokhim Rasooli Represented By Mark E Carrillo

11:30 AM

1:20-11205


Mokhim Rasooli


Chapter 11


#2.10 Hearing RE: [66] Motion for order establishing procedures for the sale of real property of the estate;


Docket 66

Tentative Ruling:


Notice and Service


LBR 6004-1 provides for shortened 7-day notice of motions to approve bidding procedures. Pursuant to that rule, a motion filed on such notice must be served "by personal delivery, messenger, telephone, fax, or email to the parties to whom notice of the motion is required to be given by the FRBP or by these rules, any other party that is likely to be adversely affected by the granting of the motion." LBR 6004-1(b)(3).


The proof of service indicates service on almost all parties "via email and fax," however: (1) it appears that it was email or fax; and (2) there is no indication that any of those parties have consented to receive service by electronic means. Personal or messenger service should have been provided at least to secured creditors KAR and Naulu. The court notes that KAR received NEF notice, although that is not correctly reflected on the proof of service.

Merits


As with everything filed by the Debtor, declarations and other documents have not been properly signed by anyone other than counsel, including the declarations in support of the Motion.


The court notes several issues with the procedures:


11:30 AM

CONT...


Mokhim Rasooli

$1,000 in original bidder costs, but the successful bidder must pay this amount. What's the authority for this?



Party Information

Debtor(s):

Mokhim Rasooli Represented By Mark E Carrillo

11:30 AM

1:20-11205


Mokhim Rasooli


Chapter 11


#2.20 Hearing RE: [51] Application to Employ Mark E. Carrillo of the Law Offices of Mark E. Carrillo as General Bankruptcy Counsel


Docket 51


Tentative Ruling:

The court set this matter for hearing after identifying a number of issues, outlined below.


11:30 AM

CONT...


Mokhim Rasooli

debtor.



Party Information

Debtor(s):

Mokhim Rasooli Represented By Mark E Carrillo

11:30 AM

1:19-12500


Ketab Corporation


Chapter 11


#3.00 Hearing re: Disclosure Statement Describing Chapter 11 Plan of Reorganization,


Docket 100

*** VACATED *** REASON: Continued by Stip. to 12/16/2020 at 11:30 AM;

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ketab Corporation Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

1:20-10256


NAI Capital, Inc.


Chapter 11


#4.00 Hearing RE: [282] First Interim Application Of Levene, Neale, Bender, Yoo & Brill

L.L.P. Debtor's Attorney, Period: 2/1/2020 to 9/30/2020, Fee: $602,226.00, Expenses: $28,358.02.


Docket 282

Tentative Ruling:


Party Information

Debtor(s):

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

Movant(s):

Levene, Neale, Bender, Yoo & Brill Represented By

Ron Bender

11:30 AM

1:20-10256


NAI Capital, Inc.


Chapter 11


#5.00 Hearing RE: [283] First Interim Application Of Leitner, Zander & Co., Llp, As Accountants To The Debtor, For Approval Of Fees; Period: 2/10/2020 to 9/30/2020, Fee: $4,955.00


Docket 283

Tentative Ruling:


Party Information

Debtor(s):

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

Movant(s):

Leitner, Zander & Co., LLP. Pro Se

11:30 AM

1:20-10256


NAI Capital, Inc.


Chapter 11


#6.00 Hearing RE: [286] First And Final Application Of Miller Law Partners, Pc, As Special Employment And Labor Counsel To The Debtor, For Approval Of Fees; Period: 3/23/2020 to 9/30/2020, Fee: $7,875.00, Expenses: $.


Docket 286

Tentative Ruling:


Party Information

Debtor(s):

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

Movant(s):

Miller Law Partners, PC Pro Se

11:30 AM

1:20-10256


NAI Capital, Inc.


Chapter 11


#7.00 Hearing RE: [287] First Interim Fee Application for Shemanolaw, Creditor Comm. Aty, Period: 3/23/2020 to 9/30/2020, Fee: $39,825, Expenses: $26.25.


Docket 287

Tentative Ruling:


Party Information

Debtor(s):

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

Movant(s):

Shemanolaw Represented By

David B Shemano

11:30 AM

1:20-10256


NAI Capital, Inc.


Chapter 11


#8.00 Hearing RE: [290] First Interim Application Of Mcgarrigle, Kenney & Zampiello, Apc, Special Litigation And Corporate Counsel To The Debtor, For Approval Of Fees And Reimbursement Of Expenses; Period: 2/1/2020 to 9/30/2020, Fee:

$75,577.00, Expenses: $4,645.40.


Docket 290

Tentative Ruling:


Party Information

Debtor(s):

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

Movant(s):

McGarrigle, Kenney & Zampiello, Pro Se

11:30 AM

1:20-10256


NAI Capital, Inc.


Chapter 11


#9.00 Hearing RE: [292] Motion Debtor's Motion For Allowance And Payment Of Administrative Expense Claims Of Office Managers


Docket 292

Tentative Ruling:

Party Information

Debtor(s):

NAI Capital, Inc. Represented By Ron Bender Todd M Arnold Lindsey L Smith

Movant(s):

NAI Capital, Inc. Represented By Ron Bender Ron Bender Ron Bender Todd M Arnold Todd M Arnold Todd M Arnold Lindsey L Smith Lindsey L Smith Lindsey L Smith

10:30 AM

9: - Chapter


#0.00 Please Note that the 10:30 AM Chapter 13 Calendar Starts on Page 6

(Northern Division Cases).


The 10:30 a.m. ND Chapter 13 Hearings - Will be Held via CourtCall


To mitigate the spread of the COVID-19 virus, all hearings before Judge Saltzman will be telephonic until further notice.


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


Through March 31, 2021, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).


Docket 0


Tentative Ruling:

- NONE LISTED -

2:00 PM

2: - Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1604185948


ZoomGov meeting number: 160 418 5948


Password: 213150


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."



Docket 0


Tentative Ruling:

- NONE LISTED -

2:00 PM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11


#1.00 Hearing RE: [123] Motion to Extend Time of Deadline for Filing Plan of Reorganization (Subchapter V)


Docket 123


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Movant(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

2:00 PM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11


#2.00 Hearing RE: [65] motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: Nonresidential

fr.10-20-20,10-28-20


Docket 65


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

2:00 PM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11


#3.00 Status Hearing RE: [1] Chapter 11 Subchapter V Voluntary Petition Non- Individual.

fr.10-20-20,10-28-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

10:30 AM

9:20-10440


Thomas Martin


Chapter 13


#1.00 Hearing on Confirmation of Chapter 13 Plan FR. 5-21-20, 7-16-20, 9-17-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Thomas Martin Represented By

Michael D Kwasigroch

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10519


Anita Roberta Stone


Chapter 13


#2.00 Hearing on Confirmation of Chapter 13 Plan


Docket 24

*** VACATED *** REASON: Continued to January 21, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Anita Roberta Stone Represented By Eric Ridley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10769


Greg K Beck


Chapter 13


#3.00 Hearing on Confirmation of Chapter 13 Plan FR. 9-17-20

Docket 1

*** VACATED *** REASON: Continued to December 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Greg K Beck Represented By

Reed H Olmstead

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10830


Alfonso Lara Portugal


Chapter 13


#4.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alfonso Lara Portugal Represented By Kenneth H J Henjum

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10842


Brendan J Searls


Chapter 13


#5.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Brendan J Searls Represented By Carissa N Horowitz William C Beall

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10845


Christen Kayser


Chapter 13


#6.00 Hearing on Confirmation of Chapter 13 Plan FR. 9-17-20


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christen Kayser Represented By Shawn S White

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10850


Bradley Jay Herman


Chapter 13


#7.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Bradley Jay Herman Represented By Khachik Akhkashian

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10970


Timothy James Umphenour


Chapter 13


#8.00 Hearing on Confirmation of Chapter 13 Plan FR. 10-22-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Timothy James Umphenour Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10979


Israel Ezekiel Rodriguez


Chapter 13


#9.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Israel Ezekiel Rodriguez Represented By Louis J Esbin

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11071


Caleb Eugene Cole and Holly Ann Cole


Chapter 13


#10.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to December 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Caleb Eugene Cole Represented By Vaughn C Taus

Joint Debtor(s):

Holly Ann Cole Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11084


Micheal Robert Boyer


Chapter 13


#11.00 Hearing on Confirmation of Chapter 13 Plan


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Micheal Robert Boyer Represented By Christian J Younger

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11129


Christopher Giovanny Flores


Chapter 13


#12.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christopher Giovanny Flores Represented By

L. Tegan Rodkey

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11134


Christi Leigh Proskow


Chapter 13


#13.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christi Leigh Proskow Represented By Michael B Clayton

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11153


Elizabeth Martha Hintz


Chapter 13


#14.00 Hearing on Confirmation of Chapter 13 Plan


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Elizabeth Martha Hintz Represented By Allan S Williams

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11161


Veronica Mendoza


Chapter 13


#15.00 Hearing on Confirmation of Chapter 13 Plan


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Veronica Mendoza Represented By Nathan A Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10857


Arnold W Gross and Laurie E Gross


Chapter 13


#16.00 CONT'D Hearing on Confirmation of Chapter 13 Plan

(Hearing is set based upon Memorandum and Judgment entered by the BAP) FR. 9-19-19, 10-17-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20, 7-16-20, 9-17-20

Docket 1

Tentative Ruling:

9/17/20:


The court will first address the claim issue at matter 16.1 and then turn to confirmation, matter 16.


9/17/20 Cont'd Confirmation Hearing: It has now been over a year since this case was reinstated after appeal.


On Tuesday, September 15, the debtors filed a document titled "Response to Tentative Rulings Posted on 9/15/20" (Docket No. 178). This document is perplexing. As of 9/15/20, the only tentative ruling posted for any of the four matters on calendar in this case was for this matter, which was clearly labeled as "Tentative ruling for 5/21/20. This tentative ruling will be posted on 9/16/20.


Tentative ruling for 5/21/20:

The confirmation hearing was continued from 1/16 to 3/26/20. On 1/16, the court noted that there had been multiple hearings since remand and that the SPS claim objection still had not been properly noticed. The trustee’s counsel noted that there was still no relevant plan because no amended plan had been filed since the remand. The prior plan was outdated because the Debtors had used the refunded plan payments and may have reduced claims while the case was dismissed. Counsel for the Debtors still had not come to a conclusion about the plan term, she had a "thinking" and didn’t understand why she couldn’t use the plan she had on file. The court noted that the existing pre-appeal plan didn’t match counsel’s "thinking." There was further

10:30 AM

CONT...


Arnold W Gross and Laurie E Gross


Chapter 13

colloquy between counsel and the court about properly noticing a new plan. Counsel also noted that she had no RARA. The court also told Ms. Lawson that she could always file a motion under § 529.


Confirmation was continued from 3/26 until today without being called at that

time.


No post-appeal plan was filed until 4/10/20, more than six months after

remand (Docket No. 132). A filer error was entered the same day (Docket No 136) noting that the plan was filed on an out-of-date form – counsel used the 2012 plan form. The notice to filer instructed counsel to immediately re-file the correct document. This has not been done, so there is still no plan since prior to the dismissal and appeal.


An objection to confirmation has been filed by the Debtors’ first mortgage lienholder, by U.S. Bank, N.A., as trustee. U.S. Bank states that the proposed plan provides for arrearages of $7,265.60 while the actual arrearages are $30,327.25. The objection notes that the Debtors never properly noticed the claim objection filed eight months ago on 9/18/19.

There appears to be ample basis for dismissal here.


Ruling on January 16, 2020

Continued to March 26, 2020 at 10:00 a.m. Dtrs are required to either set their claims objection for hearing or file an adversary proceeding.


Ruling for 11/21/19: Continued to 1/16/20. Also, Debtor should file a withdrawl of the SPS objection.


Ruling for October 17, 2019: Continued to 11/21/19.


Debtor(s):


Party Information

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

10:30 AM

CONT...


Arnold W Gross and Laurie E Gross


Chapter 13

Joint Debtor(s):

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10857


Arnold W Gross and Laurie E Gross


Chapter 13


#16.10 CONT'D Hearing on Second Objection to Claim #15 by Claimant Specalized Loan Servicing. in the amount of $ 664,452.60 Filed by Debtor Arnold W Gross, Joint Debtor Laurie E Gross. (Lawson, Janet)


FR. 7-16-20, 9-17-20


Docket 147


Tentative Ruling:

If the parties haven't consensually resolved this matter and do not request a continuance, the court will hear brief oral argument and rule.

Party Information

Debtor(s):

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

Joint Debtor(s):

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10857


Arnold W Gross and Laurie E Gross


Chapter 13


#16.20 CONT'D Hearing on Debtors' Second Objection to Claim # by Claimant Specalized Loan Servicing. in the amount of $ 664,452.60 Filed by Debtor Arnold W Gross, Joint Debtor Laurie E Gross. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Affidavit proof of service) (Lawson, Janet)


FR. 9-17-20


Docket 165


Tentative Ruling:

The court doesn't see any reason why this "second objection" was filed. This is, in essence, a supplemental brief in support of the debtor's claim objection filed at Docket No. 147 (Cal. No. 16.1), framed and noticed as a "second" claim objection. It would actually be the third (Docket No. 113 was never set for hearing). The brief is almost identical to that filed as a reply with respect to Docket No. 147 (Docket No. 158). The court did not allow for any supplemental briefing after the 7/16/20 hearing, so to the extent this "claim objection" is a supplemental brief, it is stricken from the record.


To the extent this is a new claim objection, filed when there are two pending claim objections, one of which has been fully briefed already and continued by the court for further hearing, the court finds that the debtors' successive claim objections (including a fourth objection - Cal. No. 16.3) are not proper because:

"a debtor is not entitled to utilize the filing of amended or supplemental objections in order to file successive and repeated objections to the claim of a creditor. The filing of such successive and repeated objections, even if based on different grounds, is unduly burdensome and prejudicial to creditors who are subjected to such tactics."

In re Catron, 198 B.R. 908, 909 (Bankr. M.D.N.C. 1996).


No hearing is needed for the court to overrule this "second objection" without a hearing. This matter will not be called.

10:30 AM

CONT...


Debtor(s):


Arnold W Gross and Laurie E Gross

Party Information


Chapter 13

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

Joint Debtor(s):

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10857


Arnold W Gross and Laurie E Gross


Chapter 13


#16.30 CONT'D Hearing

RE: [168] Motion Objection to Miscellaneous Fees Charged by Secured Creditor

U.S. Bank, Said Fees Not Included in the Proof of Claim.


FR. 9-17-20


Docket 168


Tentative Ruling:

A hearing is not needed for the court to rule on this matter. This "objection" is overruled. This matter will not be called.


This is the fourth claim objection filed by the debtors to this claim, all four of which remain pending (See Cal. Nos. 16.1 and 16.2, the first was never set for hearing).


This is a "claim objection" by name only, as it appears to be a request for an accounting, supported by a declaration by the debtors' counsel's assistant, as to charges and/or accounting entries on the debtors mortgage account mostly postpetition.


The debtors argue without support that every one of numerous entries on their account history totalled by counsel's assistant is a "fee" and argue that they are entitled to know what those "fees" are for.


The claimant addresses this "objection" in its omnibus response to all of the pending claim "objections" (Docket No. 172). The claimant points out that this document does not actually constitute a claim objection as it includes no requested relief. The claimant argues that, even to the extent the debtors' filing constitutes a claim objection, they have not presented any evidence that would overcome the prima facie validity of claim 15. The claimant also attaches information regarding corporate advance codes from which the debtors may be able to identify the "fees" they complain of.


FRBP 3002(c)(2)(A) requires any claim including "interest, fees, expenses, or

10:30 AM

CONT...


Arnold W Gross and Laurie E Gross


Chapter 13

aother charges incurred before the petition was filed" to include an itemized statement of those amounts. The debtors do not claim that this requirement has not been met as to any of the "fees" that were prepetition.


The debtors have provided no authority for a conclusion that claim 15 contains insufficient information to constitute a prima facie claim or any authority for disallowance of the claim based on the debtors' lack of understanding of the amounts set forth in the claim.


The debtors cite two cases, neither of which is analogous to the situation here. Both of the cited cases (In re Melbell Assoc. and In re Atwood) involved oversecured creditors. According to the debtors' schedules, the claimant here is undersecured. In Melbell Assoc., the issue was the extent to which the creditor could recover certain fees and costs from the proceeds of the postpetition sale of the debtor's property. In Atwood, the issue involved the oversecured creditor's § 506(b) claim for fees and costs and whether the creditor had to seek fees under FRBP 2016 rather than through its claim.

The holding of that decision relates to how a court is to determine reasonableness of fees under § 506(b).


In short, while the holdings of these cases may have sounded good to the debtors, they do not provide a basis for disallowance of a claim based on the debtors' lack of understanding as to what certain fees and charges represent.


If the debtors were truly trying to determine the nature of the charges to assess their appropriateness, they could have sought discovery, but evidently have not.


The debtors' "claim objection" fails to provide sufficient basis to rebut the validity of the claim. Overrule.

Party Information

Debtor(s):

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

10:30 AM

CONT...


Arnold W Gross and Laurie E Gross


Chapter 13

Joint Debtor(s):

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

Movant(s):

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10857


Arnold W Gross and Laurie E Gross


Chapter 13


#16.40 Second Objection to Claim #2 by Claimant IRS. in the amount of $ 126281.42 Filed by Debtor Arnold W Gross, Joint Debtor Laurie E Gross. (Lawson, Janet)


Docket 184

*** VACATED *** REASON: Withdrawal of objection to claim was filed on 11/5/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

Joint Debtor(s):

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

Movant(s):

Arnold W Gross Represented By Stuart R Simone Janet A Lawson

Laurie E Gross Represented By Stuart R Simone Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-12012


Jorge Ramirez and Amelia Ramirez


Chapter 13


#17.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 2-21-19, 3-21-19, 5-23-19, 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20,

7-16-20, 9-17-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jorge Ramirez Represented By Janet A Lawson

Joint Debtor(s):

Amelia Ramirez Represented By Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10188


Susan Y McDermott and Michael J McDermott, III


Chapter 13


#18.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 5-23-19, 9-19-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20, 9-17-20


Docket 1


Tentative Ruling:

Ruling for May 23, 2019:

Continued to September 19, 2019

Party Information

Debtor(s):

Susan Y McDermott Represented By Jerry Namba

Joint Debtor(s):

Michael J McDermott III Represented By Jerry Namba

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10188


Susan Y McDermott and Michael J McDermott, III


Chapter 13


#18.10 CONT'D Hearing

RE: [48] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Leta Finch v. Susan and Michael McDermott . (Bertelsen, Susan)


FR. 6-21-19, 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20, 9-17-20


Docket 48

*** VACATED *** REASON: Stipulated order withdrawing motion entered on 11/16/20.

Tentative Ruling:

9/17/20: These matters will be continued to November by stipulation.


Ruling for 6/21/19: Continued to 8/16/19 at 10:30 a.m. for proper service on the debtor per the local rules.

Party Information

Debtor(s):

Susan Y McDermott Represented By Jerry Namba

Joint Debtor(s):

Michael J McDermott III Represented By Jerry Namba

Movant(s):

Leta Finch Represented By

David Stroud David P Stroud

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10188


Susan Y McDermott and Michael J McDermott, III


Chapter 13


#18.20 CONT'D Hearing on Motion RE: Objection to Claim Number 5 by Claimant Leta Finch. Filed by Joint Debtor Michael J McDermott III, Debtor Susan Y McDermott (Namba, Jerry)


FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20, 9-17-20


Docket 45

*** VACATED *** REASON: Stipulated order withdrawing motion entered on 11/16/20.

Tentative Ruling:

9/17/20: These matters will be continued to November by stipulation.


Party Information

Debtor(s):

Susan Y McDermott Represented By Jerry Namba

Joint Debtor(s):

Michael J McDermott III Represented By Jerry Namba

Movant(s):

Susan Y McDermott Represented By Jerry Namba

Michael J McDermott III Represented By Jerry Namba

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10188


Susan Y McDermott and Michael J McDermott, III


Chapter 13


#18.30 CONT'D Hearing

RE: [53] Motion for Abstention Under Section 305


FR. 8-16-19, 11-21-19, 1-16-20, 2-27-20, 4-16-20, 7-16-20, 9-17-20


Docket 53

*** VACATED *** REASON: Stipulated order withdrawing motion entered on 11/16/20.

Tentative Ruling:

9/17/20: These matters will be continued to November by stipulation.


Party Information

Debtor(s):

Susan Y McDermott Represented By Jerry Namba

Joint Debtor(s):

Michael J McDermott III Represented By Jerry Namba

Movant(s):

Leta Finch Represented By

David Stroud David P Stroud

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10192


Terry Lane


Chapter 13


#19.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 4-16-20, 6-18-20, 8-20-20, 9-17-20


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Terry Lane Represented By

Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10294


Robert L. Magee


Chapter 13


#20.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 9-17-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert L. Magee Represented By Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10349


Patricia Ellen Davidson


Chapter 13


#21.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 9-17-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Patricia Ellen Davidson Represented By Matin Rajabov

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#22.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 9-17-20, 10-22-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#22.10 CONT'D Hearing

RE: [67] Motion to Avoid Lien JUNIOR LIEN with Ditech Financial LLC FR. 10-22-20

Docket 67


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#22.20 CONT'D Hearing

RE: [69] Motion to Avoid Lien Property Lien with Simi Valley Homeowners Association


FR. 10-22-20


Docket 69


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#22.30 Objection to Claim #13 by Claimant Simi Valley Homeowners Association. in the amount of $ 43420.66 Filed by Joint Debtor Holli Kolkowski, Debtor Matthew A. Kolkowski. (Diaz, Bryan)


Docket 85


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Movant(s):

Matthew A. Kolkowski Represented By Bryan Diaz

Holli Kolkowski Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10357


Samuel Lawrence Dodd and Jamie Marie Dodd


Chapter 13


#23.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20, 8-20-20, 9-17-20

Docket 1

*** VACATED *** REASON: Continued to December 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Samuel Lawrence Dodd Represented By Vaughn C Taus

Joint Debtor(s):

Jamie Marie Dodd Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10365


Don Fitch


Chapter 13


#24.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 8-20-20, 10-22-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Don Fitch Represented By

Eric Ridley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10448


Robert Barberie


Chapter 13


#25.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 8-20-20, 10-22-20

Docket 1

*** VACATED *** REASON: Continued to January 21, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Robert Barberie Represented By Patricia Rodriguez Eric Rasmussen

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10598


Jason Tiscareno and Katherine D. Tiscareno


Chapter 13


#26.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 9-17-20

Docket 32


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jason Tiscareno Represented By Janet A Lawson

Joint Debtor(s):

Katherine D. Tiscareno Represented By Janet A Lawson

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10800


Mario Flores-Cevada


Chapter 13


#27.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 8-20-20, 10-22-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mario Flores-Cevada Represented By

Leroy Bishop Austin

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10480


Garland Chester and Juliet Chester


Chapter 13


#28.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 1-16-20, 2-27-20, 4-16-20, 6-18-20, 8-20-20, 9-17-20, 10-22-20


Docket 1

*** VACATED *** REASON: Case was re-converted to Chapter 7 on 10/29/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Garland Chester Represented By Vaughn C Taus

Joint Debtor(s):

Juliet Chester Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-12054


Sylvia M Raya and Sergio Raya


Chapter 13


#29.00 Hearing

RE: [64] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 64

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sylvia M Raya Represented By Janet L Mertes

Joint Debtor(s):

Sergio Raya Represented By

Janet L Mertes

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-10358


Abel Mejia-Reyes and Sugery Mejia


Chapter 13


#30.00 HearingRE: [81] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 81


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Abel Mejia-Reyes Represented By Juanita V Miller

Joint Debtor(s):

Sugery Mejia Represented By

Juanita V Miller

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-12437


Ronald James Wilson


Chapter 13


#31.00 Hearing

RE: [33] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20


Docket 33

*** VACATED *** REASON: Continued to December 17, 2020, at 10:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ronald James Wilson Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11261


Clarence Acie Rudd, III and Deborah Lee Rudd


Chapter 13


#32.00 Hearing

RE: [139] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 10-22-20


Docket 139


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Clarence Acie Rudd III Represented By Steven A Alpert

Joint Debtor(s):

Deborah Lee Rudd Represented By Steven A Alpert

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11305


Terry Andrew Stanard, Jr. and Lanett Diane Stanard


Chapter 13


#33.00 Hearing

RE: [93] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Returns F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 93

*** VACATED *** REASON: Motion was withdrawn by trustee on 11/16/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Terry Andrew Stanard Jr. Represented By Nathan Berneman

Joint Debtor(s):

Lanett Diane Stanard Represented By Nathan Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11510


Angelica J Hernandez


Chapter 13


#34.00 Hearing

RE: [47] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))


FR. 10-22-20


Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Angelica J Hernandez Represented By Rebecca Tomilowitz

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11565


Maria Cristina Abalos


Chapter 13


#35.00 HearingRE: [83] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 83


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Maria Cristina Abalos Represented By Mark T Jessee

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-12118


Scott A. Slosson and Carie L. Slosson


Chapter 13


#36.00 CONT'D Hearing on Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 10-22-20


Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Scott A. Slosson Represented By Michael B Clayton

Joint Debtor(s):

Carie L. Slosson Represented By Michael B Clayton

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-10684


Audra Laverne Henson


Chapter 13


#37.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 47

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Audra Laverne Henson Represented By James C Ames

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11543


Hector Aguayo Mercado, Sr. and Coreen Maria Mercado


Chapter 13


#38.00 CONT'D Hearing

RE: [48] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 10-22-20


Docket 48


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Hector Aguayo Mercado Sr. Represented By Gregory M Shanfeld

Joint Debtor(s):

Coreen Maria Mercado Represented By Gregory M Shanfeld

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11607


Jamie Luna and Brandy Marie Luna


Chapter 13


#39.00 CONT'D Hearing

RE: [44] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20, 8-20-20, 10-22-20


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jamie Luna Represented By

Matthew D. Resnik

Joint Debtor(s):

Brandy Marie Luna Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11626


Scott Rosson


Chapter 13


#40.00 CONT'D Hearing

RE: [91] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20, 7-16-20, 8-20-20, 9-17-20


Docket 91


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Scott Rosson Represented By

Michael D Kwasigroch

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11646


Sandra M. Royster


Chapter 13


#41.00 HearingRE: [67] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 67


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sandra M. Royster Represented By

Rabin J Pournazarian

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11733


Pablo Valencia


Chapter 13


#42.00 Hearing

RE: [64] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 10-22-20


Docket 64


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Pablo Valencia Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10018


Mervlyn Thelma Kerr


Chapter 13


#43.00 CONT'D Hearing on Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 5-21-20, 7-16-20, 9-17-20, 10-22-20


Docket 56


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mervlyn Thelma Kerr Represented By Charles Shamash Joseph E. Caceres

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10060


Cristina Marie Pagan Nowling


Chapter 13


#44.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 4-16-20, 6-18-20, 8-20-20, 9-17-20


Docket 62


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Cristina Marie Pagan Nowling Represented By Kevin T Simon

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10363


Steve Altamirano and Sally Altamirano


Chapter 13


#45.00 HearingRE: [80] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 80


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Steve Altamirano Represented By Vaughn C Taus

Joint Debtor(s):

Sally Altamirano Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10455


Kyle Nicholas McReynolds


Chapter 13


#46.00 CONT'D Hearing

RE: [46] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20, 10-22-20


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kyle Nicholas McReynolds Represented By Daniel King

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10517


Jose Suayan


Chapter 13


#47.00 CONT'D Hearing

RE: [84] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20, 10-22-20


Docket 84


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Suayan Represented By

Roy M Holland

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10517


Jose Suayan


Chapter 13


#47.10 CONT'D Hearing

RE: [86] Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


FR. 9-17-20, 10-22-20


Docket 86


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jose Suayan Represented By

Roy M Holland

Movant(s):

Jose Suayan Represented By

Roy M Holland Roy M Holland Roy M Holland Roy M Holland Roy M Holland

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10675


Gilbert Ray De La Mora


Chapter 13


#48.00 CONT'D Hearing

RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 2-27-20, 4-16-20, 6-18-20, 8-20-20, 10-22-20


Docket 31

*** VACATED *** REASON: Motion was withdrawn by trustee on 11/13/20.

Tentative Ruling:

Ruling for February 27, 2020

Continued to April 16, 2020 at 10:00 a.m.


Party Information

Debtor(s):

Gilbert Ray De La Mora Represented By James C Ames

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10756


Alvaro Manuel Arguello


Chapter 13


#49.00 Hearing

RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20, 10-22-20


Docket 31

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Alvaro Manuel Arguello Represented By Ali R Nader

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10906


Jason Bruce Leaseburg and Melanie Kate Leaseburg


Chapter 13


#50.00 Hearing

RE: [35] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20, 8-20-20, 9-17-20, 10-22-20


Docket 35

*** VACATED *** REASON: Motion was withdrawn by trustee on 11/4/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jason Bruce Leaseburg Represented By Matthew D. Resnik

Joint Debtor(s):

Melanie Kate Leaseburg Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11352


Jay Brian Schoen


Chapter 13


#51.00 Hearing

RE: [71] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20, 10-22-20


Docket 71


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jay Brian Schoen Represented By Rob R Nichols

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-12134


Richard Page and Andrea McCartney-Page


Chapter 13


#52.00 Hearing

RE: [31] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 10-22-20


Docket 31

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Richard Page Represented By

Todd Mannis

Joint Debtor(s):

Andrea McCartney-Page Represented By Todd Mannis

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11706


Roy G Howat


Chapter 13


#52.10 Hearing

RE: [108] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 108

*** VACATED *** REASON: Motion was withdrawn by trustee on 11/13/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Roy G Howat Represented By

John K Rounds

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-10934


Joseph Anthony Kovach and Renee Lynne Kovach


Chapter 13


#52.20 Hearing

RE: [141] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 141


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Joseph Anthony Kovach Represented By

Rabin J Pournazarian

Joint Debtor(s):

Renee Lynne Kovach Represented By

Rabin J Pournazarian

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10010


Jonathan Charles Bay


Chapter 13


#53.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 32


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jonathan Charles Bay Represented By

Rabin J Pournazarian

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10424


Carol M Shilkett


Chapter 13


#54.00 CONT'D Hearing on Motion RE: Objection to Claim Number 7 by Claimant Wilmington Trust, National Association, Not in its Individual Capacity, but solely as Trustee for MFRA Trust 2015-2. Filed by Debtor Carol M Shilkett (Attachments: # 1 Declaration of Debtor) (Warshaw, Andy)


FR. 10-22-20


Docket 106


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Carol M Shilkett Represented By Andy C Warshaw

Movant(s):

Carol M Shilkett Represented By Andy C Warshaw

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11505


Jeffrey Scott Lewis and Debra Sue Lewis


Chapter 13


#55.00 CONT'D Hearing

RE: [20] Motion RE: Objection to Claim Number 22 by Claimant Don Schmitz, Schmitz & Associates, Inc.. with Proof of Service


FR. 1-17-19, 7-25-19, 8-15-19, 11-21-19, 4-16-20


Docket 20

*** VACATED *** REASON: Continued to May 27, 2021 at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jeffrey Scott Lewis Represented By Kevin T Simon

Joint Debtor(s):

Debra Sue Lewis Represented By Kevin T Simon

Movant(s):

Jeffrey Scott Lewis Represented By Kevin T Simon

Debra Sue Lewis Represented By Kevin T Simon

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9: - Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1610035388

ZoomGov meeting number: 161 003 5388

Password: 755355

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:15-11457


Nancy Ann Graham


Chapter 13


#1.00 CONT'D Hearing

RE: [43] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1712 SHADY BROOK DR, THOUSAND OAKS, CA 91362 . (Ferry, Sean)


FR. 10-27-20


Docket 43


Tentative Ruling:

Have the parties agreed on an APO?

Party Information

Debtor(s):

Nancy Ann Graham Represented By Gregory M Shanfeld

Movant(s):

DEUTSCHE BANK NATIONAL Represented By

Sean C Ferry Eric P Enciso

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11226


Adriana Elizabeth Velazquez


Chapter 13


#2.00 CONT'D Hearing

RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1734 Gillespie Street / 835 West Islay Street, Santa Barbara, California 93101 with Proof of Service.


FR. 5-18-20, 6-16-20, 10-27-20


Docket 44


Tentative Ruling:

Have the parties agreed on an APO?

Party Information

Debtor(s):

Adriana Elizabeth Velazquez Represented By Reed H Olmstead

Movant(s):

DEUTSCHE BANK NATIONAL Represented By

Erin Elam Jenelle C Arnold

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11327


Frank Joseph Heller and Marlo Marie Heller


Chapter 13


#3.00 HearingRE: [60] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2007 Mallard 26BHL, VIN: 1EF1B262272497941 . (Ith, Sheryl)


Docket 60


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Frank Joseph Heller Represented By Eric Ridley

Joint Debtor(s):

Marlo Marie Heller Represented By Eric Ridley

Movant(s):

Santander Consumer USA Inc., an Represented By

Sheryl K Ith

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11737


Clifford G. Henthorne and Marcelina Henthorne


Chapter 13


#4.00 HearingRE: [39] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Hyundai Santa Fe .


Docket 39


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(2).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.

Deny co-debtor relief; no cause has been shown. MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Clifford G. Henthorne Represented By Michael B Clayton

Joint Debtor(s):

Marcelina Henthorne Represented By Michael B Clayton

11:30 AM

CONT...

Movant(s):


Clifford G. Henthorne and Marcelina Henthorne


Chapter 13

Golden 1 Credit Union Represented By Rebecca M Wicks

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11745


Patricia G. Newton


Chapter 13


#5.00 HearingRE: [34] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2012 Nissan Pathfinder VIN No.5N1AR1NNXCC602830 with Proof of Service. (Arnold, Jenelle)


Docket 34


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Patricia G. Newton Represented By Carissa N Horowitz

Movant(s):

Ally Financial Represented By Jenelle C Arnold

11:30 AM

CONT...

Trustee(s):


Patricia G. Newton


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10136


Margaret Onita Malcolm and Lincoln Malcolm


Chapter 13


#6.00 Hearing

RE: [45] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2150 Snow Avenue, Oxnard, CA 93036 and Proof of Service. (Exnowski, Dane)


Docket 45

*** VACATED *** REASON: Stipulated Order Granting Motion for Relief entered on 11/25/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Margaret Onita Malcolm Represented By David Joel Follin

Joint Debtor(s):

Lincoln Malcolm Represented By David Joel Follin

Movant(s):

CITIBANK, N.A., as Trustee for Represented By

Raymond Jereza Jenelle C Arnold Dane W Exnowski

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-11038


Damian Joseph Nieman


Chapter 13


#7.00 CONT'D Hearing

RE: [11] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2098 Tapidero Ave., Los Osos, CA 93402 with proof of service.


FR. 10-27-20


Docket 11


Tentative Ruling:

Any updates since the interim order?

Party Information

Debtor(s):

Damian Joseph Nieman Represented By Vaughn C Taus

Movant(s):

San Luis Financial Represented By William C Beall

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-11240


Kelly M Head


Chapter 13


#8.00 HearingRE: [12] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 5383 Larkspur Drive, Ventura, California 93001 with Proof of Service. (Arnold, Jenelle)


Docket 12


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1) and (d)(4).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).

Party Information

Debtor(s):

Kelly M Head Represented By

Tom A Moore

11:30 AM

CONT...

Movant(s):


Kelly M Head


Chapter 13

UMB Bank National Association, Represented By

Jenelle C Arnold

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-11263


Stacy Hinkle


Chapter 7


#9.00 HearingRE: [9] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1340 Cherokee Court, Camarillo, CA . (Sarver, Allan)


Docket 9


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(4) only. GRANT waiver of FRBP 4001(a)(3) stay.

Deny all other requested relief; case has been dismissed.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.

Party Information

Debtor(s):

Stacy Hinkle Represented By

Brian Nomi

Movant(s):

Investment Management Company Represented By

Allan D Sarver

11:30 AM

CONT...

Trustee(s):


Stacy Hinkle


Chapter 7

Jerry Namba (TR) Pro Se

11:30 AM

9:20-11287


Elmer's King's Tire and Wheel, LLC


Chapter 7


#10.00 Hearing

RE: [8] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 4610 E. Los Angeles Ave. Unit A Simi Valley, CA 93063 .


Docket 8

*** VACATED *** REASON: Case dismissed on 11-13-2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Elmer's King's Tire and Wheel, LLC Represented By

Brian Nomi

Movant(s):

Apkasi, LLC Represented By

Lane M Nussbaum

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:18-10600


Michael D Jones and Sonia Jones


Chapter 7


#11.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Faith. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee. (united states trustee (fsy))


Docket 68

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Michael D Jones Represented By

Andrew S Mansfield - INACTIVE -

Joint Debtor(s):

Sonia Jones Represented By

Andrew S Mansfield - INACTIVE -

11:30 AM

CONT...

Trustee(s):


Michael D Jones and Sonia Jones


Chapter 7

Jeremy W. Faith (TR) Represented By Todd A Frealy Carmela Pagay

11:30 AM

9:16-11244


Loren T Flynn, III and Kelli M Flynn


Chapter 7


#12.00 Motion RE: Objection to Claim Number 5 by Claimant Wells Fargo Bank, N.A. dba Wells Fargo Dealer Services. Disallowing Secured Claim from Distribution in this Estate; Notice of Motion; Declaration of Sandra K. McBeth in Support Thereof; with Proof of Service Filed by Trustee Sandra McBeth (TR) (McBeth (TR), Sandra)


Docket 180

*** VACATED *** REASON: Trustee withdrew objection to claim on 11/9/2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Loren T Flynn III Represented By Linda S Blonsley Janet A Lawson

Joint Debtor(s):

Kelli M Flynn Represented By Linda S Blonsley Janet A Lawson

Movant(s):

Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz

Trustee(s):

Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz

11:30 AM

9:16-11244


Loren T Flynn, III and Kelli M Flynn


Chapter 7


#13.00 Motion RE: Objection to Claim Number 7 by Claimant Ditech Financial LLC FKA Green Tree Servicing LLP. Disallowing Secured Claim from Distribution in this Estate; Notice of Motion; Declaration of Sandra K. McBeth in Support Thereof; with Proof of Service Filed by Trustee Sandra McBeth (TR) (McBeth (TR), Sandra)


Docket 181


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Loren T Flynn III Represented By Linda S Blonsley Janet A Lawson

Joint Debtor(s):

Kelli M Flynn Represented By Linda S Blonsley Janet A Lawson

Movant(s):

Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz

Trustee(s):

Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz

11:30 AM

9:18-12079


Super98, LLC


Chapter 7


#14.00 HearingRE: [76] Application for Compensation First Interim Application For Award Of Compensation And Reimbursement Of Expenses Of Danning, Gill, Israel & Krasnoff, LLP As General Counsel For Chapter 7 Trustee; And Declarations Of John N. Tedford, IV, And Jerry Namba In Support Thereof, with Proof of Service for Danning, Gill, Israel & Krasnoff, LLP, General Counsel, Period: 2/21/2019 to 10/31/2020, Fee: $68,091.50, Expenses: $178.79.


Docket 76

Tentative Ruling:


The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs

2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Super98, LLC Represented By

Kevin M. Sullivan

11:30 AM

CONT...

Trustee(s):


Super98, LLC


Chapter 7

Jerry Namba (TR) Represented By

John N Tedford IV Eric P Israel

11:30 AM

9:18-12079


Super98, LLC


Chapter 7


#15.00 HearingRE: [77] Application for Compensation Application For Payment Of: Interim Fees And/Or Expenses (11 U.S.C. Section 331), with Proof of Service for Danning, Gill, Israel & Krasnoff, LLP, Special Counsel, Period: 6/1/2020 to 10/31/2020, Fee: $, Expenses: $3,041.23.


Docket 77

Tentative Ruling:


The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs

2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Super98, LLC Represented By

Kevin M. Sullivan

Trustee(s):

Jerry Namba (TR) Represented By

11:30 AM

CONT...


Super98, LLC


John N Tedford IV Eric P Israel


Chapter 7

11:30 AM

9:18-12079


Super98, LLC


Chapter 7


#16.00 HearingRE: [82] Application for Compensation with proof of service for Jerry Namba (TR), Trustee Chapter 7, Period: 2/8/2019 to 10/31/2020, Fee: $19,560.01, Expenses:

$0.00. (Namba (TR), Jerry)


Docket 82

Tentative Ruling:


The interim application for approval of fees and reimbursement of expenses was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1(a) and set for hearing in accordance with LBRs

2016-1(a) and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The interim application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Super98, LLC Represented By

Kevin M. Sullivan

Movant(s):

Jerry Namba (TR) Represented By

John N Tedford IV

11:30 AM

CONT...


Trustee(s):


Super98, LLC


Eric P Israel


Chapter 7

Jerry Namba (TR) Represented By

John N Tedford IV Eric P Israel

11:30 AM

9:20-11239


Coto Investments, Inc.


Chapter 11


#17.00 HearingRE: [45] Motion to Assume Lease or Executory Contract and Notice of Motion for Order Approving Assumption of Non-Residential Real Property Lease; Memorandum of Points and Authorities; Declaration of Randy McDugald in Support Thereof


Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Coto Investments, Inc. Represented By Robert P Goe Charity J Manee

Movant(s):

Coto Investments, Inc. Represented By Robert P Goe Robert P Goe Charity J Manee Charity J Manee

11:30 AM

9:20-11072


Valley Farm Supply, Inc.


Chapter 11


#18.00 CONT'D (Final) Hearing

RE: [3] Motion to Use Cash Collateral FR. 9-8-20, 10-6-20

Docket 3


Tentative Ruling:

Approve the stipulation for use of cash collateral.

Party Information

Debtor(s):

Valley Farm Supply, Inc. Represented By William C Beall Carissa N Horowitz

Movant(s):

Valley Farm Supply, Inc. Represented By William C Beall William C Beall Carissa N Horowitz Carissa N Horowitz

11:30 AM

9:17-10918


Jonathan David Startz


Chapter 11


#19.00 CONT'D Hearing

RE: [279] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)


FR. 8-10-20, 9-14-20, 10-27-20


Docket 279


Tentative Ruling:

It doesn't appear that this case is ready for confirmation, again.

Does the U.S. Trustee intend to prosecute the motion to dismiss today?

Party Information

Debtor(s):

Jonathan David Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:17-10918


Jonathan David Startz


Chapter 11


#20.00 CONT'D Confirmation Hearing

RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)


FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,

FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE),

FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19, 3-3-20, 3-24-20, 6-1-20, 7-13-20,

9-14-20, 10-27-20


Docket 174


Tentative Ruling:

It doesn't appear that this case is ready for confirmation, again.

Does the U.S. Trustee intend to prosecute the motion to dismiss today?

Party Information

Debtor(s):

Jonathan David Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

9:17-11618


Selfridge Partners, LLC


Chapter 11


#20.10 Hearing

RE: [243] Application for Compensation First and Final Application by Nelson Comis Kettle & Kinney LLP, General Bankruptcy Counsel for Debtor, For Allowance of Fees and Reimbursement for Costs for the Period of April 19, 2019 through October 27, 2020; Declaration of William E. Winfield; Declaration of Candace Pendleton for Nelson Comis Kettle & Kinney LLP, Debtor's Attorney, Period: 4/19/2019 to 10/27/2020, Fee: $46627.70, Expenses: $206.43.


Docket 243

Tentative Ruling:


The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

GRANT all relief requested. The application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Selfridge Partners, LLC Represented By William E. Winfield

11:30 AM

CONT...

Movant(s):


Selfridge Partners, LLC


Chapter 11

Nelson Comis Kettle & Kinney LLP Represented By

William E. Winfield

11:30 AM

9:19-11016


Andrea Bowen-Gardner


Chapter 7

Adv#: 9:19-01052 Colebrook et al v. Bowen Gardner et al


#21.00 CONT'D Status Hearing RE Adversary case 9:19-ap-01052. (RE: related document(s)[1] Complaint by Teena Colebrook against Andrea Bowen Gardner , Philip Gardner) (RE: related document(s)[9] Amended Complaint by Teena Colebrook, Colleen Craig , Richard Viar , Kevin Rock, against Andrea Bowen Gardner , Philip Gardner) Fee Amount $350. Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) ,(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)).


FR. 11-19-19, 12-5-19, 2-18-20, 4-7-20, 6-23-20, 10-14-20


Docket 9


Tentative Ruling:

The court thanks the parties for their joint status report and believes that the parties have made ample progress.


Discovery cutoff 3/31/2021

Status conference 3/31/2021. At that point, the court will be able to set dates for a pretrial conference and trial.

Party Information

Debtor(s):

Andrea Bowen-Gardner Pro Se

Defendant(s):

Andrea Bowen Gardner Represented By David Brian Lally

Philip Gardner Represented By David Brian Lally

Joint Debtor(s):

Philip Gardner Pro Se

11:30 AM

CONT...


Andrea Bowen-Gardner


Chapter 7

Plaintiff(s):

Teena Colebrook Pro Se

Colleen Craig Pro Se

Kevin Rock Pro Se

Richard Viar Pro Se

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-10798


Gregory Scott Franklin


Chapter 13

Adv#: 9:20-01053 Spoodis v. Franklin


#22.00 Status HearingRE: [1] Adversary case 9:20-ap-01053. Complaint by Michael Scott Spoodis against Gregory Scott Franklin. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Brannan, G)


Docket 1


Tentative Ruling:

Since the parties haven't filed a status report, it isn't clear whether this matter is going forward. Please advise the court of the status.

Party Information

Debtor(s):

Gregory Scott Franklin Represented By Edwin J Rambuski

Defendant(s):

Gregory Scott Franklin Pro Se

Plaintiff(s):

Michael Scott Spoodis Represented By

G Bryan Brannan

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-10785


Charles Ardeil Hamm, II


Chapter 7

Adv#: 9:20-01012 Hamm II v. Namba


#23.00 Hearing

RE: [18] Motion For Summary Judgment, Notice of Motion, Filed by Plaintiff FR. 10-27-20

Docket 18

*** VACATED *** REASON: Order Granting Motion to Stay Proceedings Pending Appeal entered on 11/10/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles Ardeil Hamm II Pro Se

Defendant(s):

Jerry Namba Represented By

Jerry Namba

Movant(s):

Charles A Hamm II Pro Se

Plaintiff(s):

Charles A Hamm II Pro Se

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:18-10785


Charles Ardeil Hamm, II


Chapter 7

Adv#: 9:20-01012 Hamm II v. Namba


#24.00 Hearing

RE: [36] Motion For Summary Judgment /Judgment on the Pleadings with proof of service


Docket 36

*** VACATED *** REASON: Order Granting Motion to Stay Proceedings Pending Appeal entered on 11/10/20

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Charles Ardeil Hamm II Pro Se

Defendant(s):

Jerry Namba Represented By

Jerry Namba

Movant(s):

Jerry Namba Represented By

Jerry Namba

Plaintiff(s):

Charles A Hamm II Pro Se

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

2: -


ZOOM INFORMATION


Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/1603462719


ZoomGov meeting number: 160 346 2719


Password: 341075


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions



Docket 0

11:30 AM

2:20-17570


Alexx Brown, LLC


Chapter 11

Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al


#1.00 Hearing RE: [5] Motion for Preliminary Injunction fr.10-1-20,10-20-20,10-28-20


Docket 5

Debtor(s):

*** VACATED *** REASON: Continued by Stip to 1/19/21 at 11:30AM Party Information

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

Defendant(s):

Alexxander Brown Pro Se

John Does 1-10 Pro Se

Movant(s):

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

Plaintiff(s):

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

11:30 AM

2:20-17570


Alexx Brown, LLC


Chapter 11

Adv#: 2:20-01621 Alexx Brown, LLC v. Brown et al


#2.00 Status Hearing RE: [1] Adversary case 2:20-ap-01621. Complaint by Alexx Brown, LLC against Alexx Brown. ($350.00 Fee Charge To Estate). (Attachments: # 1 Adversary Cover Sheet) Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(72 (Injunctive relief - other)),(91 (Declaratory judgment))

fr. 10-28-20


Docket 1

Debtor(s):

*** VACATED *** REASON: Continued by Stip to 1/19/21 at 11:30AM Party Information

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

Defendant(s):

Alexxander Brown Pro Se

John Does 1-10 Pro Se

Plaintiff(s):

Alexx Brown, LLC Represented By Andrew Goodman Leslie A Berkoff

11:30 AM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11

Adv#: 2:20-01636 Los Angeles School of Gymnastics, Inc. v. Super Redondo, LLC et al


#3.00 Hearing RE: [6] Motion for Preliminary Injunction Against Super Redondo, LLC and Fariba Danesh as Trustee of the Danesh Family Trust

fr.10-28-20,11-12-20


Docket 6

Debtor(s):

*** VACATED *** REASON: Continued by Stip. to 1/7/21 at 11:30am; Party Information

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Defendant(s):

Super Redondo, LLC Pro Se

Fariba Danesh as trustee of the Pro Se

Movant(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Plaintiff(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

11:30 AM

2:20-18203


Los Angeles School of Gymnastics, Inc.


Chapter 11

Adv#: 2:20-01636 Los Angeles School of Gymnastics, Inc. v. Super Redondo, LLC et al


#4.00 Status Hearing RE: [1] Adversary case 2:20-ap-01636. Complaint by Los Angeles School of Gymnastics, Inc. against Super Redondo, LLC, Fariba Danesh as trustee of the Danesh Family Trust. ($350.00 Fee Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(91 (Declaratory judgment)),(72 (Injunctive relief - other)),(02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(14 (Recovery of money/property - other)


Docket 1

Debtor(s):

*** VACATED *** REASON: Continued by Stip. to 1/7/21 at 11:30 am; Party Information

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Defendant(s):

Super Redondo, LLC Pro Se

Fariba Danesh as trustee of the Pro Se

Plaintiff(s):

Los Angeles School of Gymnastics, Represented By

Michael S Kogan

Trustee(s):

Susan K Seflin (TR) Pro Se

11:30 AM

2:16-22745


Yu Hua Long Investments LLC


Chapter 11

Adv#: 2:20-01639 Huang v. Carter et al


#5.00 Status Hearing RE: [1] Adversary case 2:20-ap-01639. Complaint by Teng Huang against Maureen Carter, Roger C Carter, SI LAU, Kitty Yip, David Wan, Winnie Wan. priority or extent of lien or other interest in property)),(81 (Subordination of claim or interest))


Docket 1


Debtor(s):

*** VACATED *** REASON: Another Summons Issued- S/C Rescheduled to 12/15/20 at 11:30 AM;

Party Information

Yu Hua Long Investments LLC Represented By

M. Jonathan Hayes

Defendant(s):

Maureen Carter Pro Se

Roger C Carter Pro Se

SI LAU Pro Se

Kitty Yip Pro Se

David Wan Pro Se

Winnie Wan Pro Se

Plaintiff(s):

Teng Huang Represented By

Steven R Fox

Trustee(s):

Timothy Yoo (TR) Represented By Philip A Gasteier Jeffrey S Kwong Timothy J Yoo

11:30 AM

2: -


ZOOM INFORMATION


Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.


Video/audio web address: https://cacb.zoomgov.com/j/1618854410


ZoomGov meeting number: 161 885 4410


Password: 769935


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."



Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

1:20-10969


33 Valley, LLC


Chapter 11


#1.00 Hearing RE: [57] Motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 14533 Valley Vista Blvd., Sherman Oaks, CA 91403 .

Fr.11-18-20


Docket 57


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

33 Valley, LLC Represented By Raymond H. Aver

Movant(s):

Vista Land, LLC Represented By Lorraine Anderson

11:30 AM

1:20-11202


Hilary Taylor Johnson


Chapter 11


#2.00 CONTD. Hearing RE: [10] Motion to Use Cash Collateral fr. 8-5-20,9-23-20,10-21-20


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Hilary Taylor Johnson Represented By Onyinye N Anyama

11:30 AM

1:20-11205


Mokhim Rasooli


Chapter 11


#3.00 Hearing RE: [56] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) ; Subject To Overbid; And For Determination Of Good Faith Purchaser Under 11 U.S.C. §363(m);


Docket 56


Tentative Ruling:

The evidentiary objections are overruled.


Notice is inadequate. It does not comply with LBR 6004-1(c)(3), and the court is particularly concerned about the adequacy of the notice to Naulu that the sale purports to be free and clear if its interests.


KAR clearly does not consent to the free and clear sale.


There is no evidence supporting the Debtor's attempt to invoke section 363(f) (3).


The court has no basis to conclude that any provision of section 363(f) applies to the proposed sale.


There are numerous other issues with the sale, distribution of proceeds, and 363(m) finding.

Party Information

Debtor(s):

Mokhim Rasooli Represented By Mark E Carrillo

11:30 AM

1:20-11205


Mokhim Rasooli


Chapter 11


#4.00 Chapter 11 Scheduling and Case Management Conference fr. 8-26-20,9-9-20,9-23-20,11-18-20


Docket 5


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Mokhim Rasooli Represented By Mark E Carrillo

11:30 AM

1:20-10010


Megna Real Estate Holdings, Inc.


Chapter 11


#5.00 Hearing RE: [64] Application for Compensation Application of Donahoe Young & Williams LLP for Payment if Interim fees and Expenses; Debtor's Attorney, Period: 1/3/2020 to 10/31/2020, Fee: $53,477.00, Expenses: $629.75.


Docket 64

Tentative Ruling:

Fees seem somewhat high for what little had been accomplished in this case through 10/31/20.

The client’s declaration was not separately filed, as required by the

LBR.

The Firm deducts $4,000 from its initial retainer, noting that that

amount "was allocated for prepetition services" – was that amount billed? What does "allocated" mean?

There are numerous time entries not in tenths of an hour – throughout the invoices there are entries ending with decimals of 0.15, 0.35, 0.65, 0.55,

and 0.85.


There is no written opposition. The court can approve conditioned on the filing of a declaration and corrected invoice with all entries in tenths of an hour and an explanation of how these amounts came to be billed in non tenths, as well as how the Firm corrected them. Alternatively, the court can approve with reductions of all of these entries to the lower tenth of an hour.

Party Information

Debtor(s):

Megna Real Estate Holdings, Inc. Represented By

Mark T Young

11:30 AM

1:20-10010


Megna Real Estate Holdings, Inc.


Chapter 11


#6.00 Hearing RE: [55] Motion to Extend Time To File Plan and Disclosure Statement;


Docket 55


Tentative Ruling:

The debtor hasn't left the court with any real option other than to grant an extension. Given the status of the motion to value, shouldn't the extension be even longer than requested? January 15 seems ambitious.

Party Information

Debtor(s):

Megna Real Estate Holdings, Inc. Represented By

Mark T Young

11:30 AM

1:20-10010


Megna Real Estate Holdings, Inc.


Chapter 11


#7.00 Hearing RE: [61] Motion for Setting Property Value and for Order Determining Value of Collateral


Docket 61


Tentative Ruling:

Continue to give the objecting creditor time to obtain an appraisal, and to allow the debtor to update its appraisal.


When does the debtor expect to have a plan?

Party Information

Debtor(s):

Megna Real Estate Holdings, Inc. Represented By

Mark T Young

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#8.00 CONTD. Hearing RE: [52] Motion for Setting Property Value (Corrected Motion)


fr. 1-8-20,3-10-20, 4-29-20, 7-1-20

fr.8-26-20, 9-3-20,10-7-20,10-21-20


Docket 52


Tentative Ruling:

Any updates?


Debtor(s):


Party Information

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#9.00 Contd. Hearing RE: [42] Motion for approval of chapter 11 disclosure statement


fr. 1-7-20, 1-8-20,3-10-20, 4-29-20

Fr. 7-1-20,9-3-20, 10-7-20,10-21-20


Docket 42


Tentative Ruling:

It's rare that this court will find a sufficient record to find that a plan is patently unconfirmable at the disclosure statement stage, but this is one of those rare cases.


Please be prepared to address the issue of whether this plan is patently unconfirmable.


Please also be prepared to address good faith and whether dismissal is appropriate.

Party Information

Debtor(s):

01 BH Partnership Represented By

Mark E Goodfriend

Movant(s):

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

1:19-11924


01 BH Partnership


Chapter 11


#10.00 CONT'D. Status Hearing RE: [1] Chapter 11 Voluntary Petition Non-Individual.


fr.9-10-19, 11-6-19, 11-20-19

fr. 1-7-20, 1-8-20,3-10-20,4-29-20

Fr. 7-1-20,8-26-20,9-3-20 fr.10-7-20,10-21-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

01 BH Partnership Represented By

Mark E Goodfriend

11:30 AM

9: - Chapter 0


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1618063977

ZoomGov meeting number: 161 806 3977

Password: 992693

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:17-10879


Guillermo M Magana


Chapter 13


#1.00 CONT'D Hearing

RE: [40] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 608 Sycamore Street, Santa Paula, CA 93060 .


FR. 9-22-20, 10-27-20


Docket 40


Tentative Ruling:

Have the parties agreed on an APO?

Party Information

Debtor(s):

Guillermo M Magana Represented By Scott Kosner

Movant(s):

U.S. Bank Trust National Represented By

Lemuel Bryant Jaquez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10656


Richard David Donald


Chapter 13


#2.00 HearingRE: [28] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 268 Quarterhorse Way, Arroyo Grande, California 93420 . (Ferry, Sean)


Docket 28


Tentative Ruling:

Does the movant agree that the debtor has remedied the insurance issue?

Party Information

Debtor(s):

Richard David Donald Represented By Reed H Olmstead

Movant(s):

Wilmington Savings Fund Society, Represented By

Sean C Ferry

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-11375


Trinidad Maduena


Chapter 13


#3.00 HearingRE: [6] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 695 Tielo Street, San Miguel, CA 93451 .


Docket 6


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


Grant. The stay is continued as to the creditor identified in the motion. Movant to lodge order within seven days.

Party Information

Debtor(s):

Trinidad Maduena Represented By Reed H Olmstead

Movant(s):

Trinidad Maduena Represented By Reed H Olmstead

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10782


George J Rangel


Chapter 7


#4.00 HearingRE: [37] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 6342 Alta Ridge Road Simi Valley CA 93063 . (Katz, Neil)


Docket 37


Tentative Ruling:

Deny as moot. There is no stay as to this creditor, who was not properly served with the motion to continue the stay.

Party Information

Debtor(s):

George J Rangel Represented By Joshua L Sternberg

Movant(s):

Idolina Harris Represented By Neil B Katz

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10898


Corrie M Ratzat and Jacob S Ratzat


Chapter 7


#5.00 CONT'D Hearing

RE: [26] Motion for Relief from Stay (Personal Property), Filed by Mountain America Credit Union .


FR. 11-17-20


Docket 26

*** VACATED *** REASON: Noticed/continued to 12/21/20, at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Corrie M Ratzat Represented By Richard E Rossi

Joint Debtor(s):

Jacob S Ratzat Represented By Richard E Rossi

Movant(s):

Mountain America Credit Union Represented By

Jeffrey A Clark

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:19-10261


Jack Lopez Garcia and Lupe Maria Garcia


Chapter 7


#6.00 Chapter 7 Trustee's Final Report, Application for Compensation and Application(s) for Compensation of Professionals filed on behalf of Trustee Sandra K. McBeth. The United States Trustee has reviewed the Chapter 7 Trustee's Final Report. Filed by United States Trustee.


Docket 120

Tentative Ruling:


The Trustee's final report and applications for compensation were properly noticed in accordance with FRBP 2002 and set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR

9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the Court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT all relief requested. The final report and proposed distributions, compensation and reimbursement are approved.

Trustee to submit order within seven days.


Party Information

Debtor(s):

Jack Lopez Garcia Represented By

Martin G Zaehringer

Joint Debtor(s):

Lupe Maria Garcia Represented By

Martin G Zaehringer

11:30 AM

CONT...

Trustee(s):


Jack Lopez Garcia and Lupe Maria Garcia


Chapter 7

Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz

11:30 AM

9:17-10663


Rainier T. Castillo and Amy Lee Castillo


Chapter 13


#6.10 Hearing

RE: [56] Application for Compensation of Attorney for Debtor for Additional Fees and Related Expenses in a Pending Chapter 13 Case Subject to a Rights and Responsibilities Agreement (RARA) with Proof of Service for Allan S Williams, Debtor's Attorney, Period: 9/4/2020 to 10/22/2020, Fee: $1100.00, Expenses:

$0.00.


Docket 56

Tentative Ruling:

Why isn't counsel getting the debtors' signatures every time an application is filed? It isn't acceptable to date the signature block for the debtors -- they need to do this themselves -- and it certainly isn't acceptable to reuse an old signature and redate it.

Party Information

Debtor(s):

Rainier T. Castillo Represented By Jasmine Motazedi Allan S Williams

Joint Debtor(s):

Amy Lee Castillo Represented By Jasmine Motazedi Allan S Williams

Movant(s):

Rainier T. Castillo Represented By Jasmine Motazedi Jasmine Motazedi Allan S Williams Allan S Williams

Amy Lee Castillo Represented By Jasmine Motazedi

11:30 AM

CONT...


Trustee(s):


Rainier T. Castillo and Amy Lee Castillo

Allan S Williams


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11889


Charles L. Duff


Chapter 11


#7.00 CONT'D Chapter 11 Status Conference


FR. 12-18-19, 4-24-19, 6-12-19, 7-3-19, 9-3-19, 10-29-19, 12-5-19, 3-24-20,

7-21-20, 9-8-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Charles L. Duff Represented By Yi S Kim

Jeremy H Rothstein

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et


#8.00 HearingRE: [282] Notice of Motion and Motion By Defendants To Compel Further Responses to Rule 26(a) Initial Disclosures; Stipulation of Disputed Issues Modified on 11/19/2020 (Handy, Brad).


Docket 282

Tentative Ruling:

This matter and the related status conference will be called last on the calendar.

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

Blue Wolf Capital Partners, LLC Represented By

Christopher O Rivas Howard Steinberg

Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg

Gladstone Investment Corporation Represented By

Cheryl S Chang Craig N Haring

Blue Wolf Capital Advisors L.P. Represented By

Christopher O Rivas Howard Steinberg

BW Piezo Holdings, LLC Represented By Christopher O Rivas

11:30 AM

CONT...


Channel Technologies Group, LLC


Howard Steinberg


Chapter 11

CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin

CTS Corporation Represented By Jonathan Boustani Paul J Laurin

Duff & Phelps Represented By Christopher O Rivas

CIT BANK, N.A. Pro Se

Movant(s):

Blue Wolf Capital Partners, LLC Represented By

Christopher O Rivas Howard Steinberg

Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg

Blue Wolf Capital Advisors L.P. Represented By

Christopher O Rivas Howard Steinberg

Plaintiff(s):

Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia

11:30 AM

9:16-11912


Channel Technologies Group, LLC


Chapter 11

Adv#: 9:18-01058 Corporate Recovery Associates, LLC v. Blue Wolf Capital Partners, LLC et


#9.00 CONT'D Status Hearing

RE: [1] and [156] Amended Complaint First by Christian A Orozco on behalf of Corporate Recovery Associates, LLC against all defendants. (RE: related document(s)1 Adversary case 9:18-ap-01058. Complaint by Corporate Recovery Associates, LLC against Blue Wolf Capital Partners, LLC, Blue Wolf Capial Fund II, L.P., Gladstone Investment Corporation, Blue Wolf Capital Advisors L.P., BW Piezo Holdings, LLC, Fidus Investment Corporation, Fidus Mezzanine Capital II, L.P., Avante Mezzanine Partners SBIC, LP, Avante Mezzanine Partners II, Inc., Pengdi Han, Dhan, LLC, Grant Thornton, LLP, CTG Advanced Materials, LLC, CTS Corporation, Electro Optical Industries, Duff & Phelps, and CIT Bank, N.A. (Charge To Estate). Original Complaint Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) filed by Plaintiff Corporate Recovery Associates, LLC). (Orozco, Christian)


FR. 2-11-19, 3-18-19, 5-14-19, 6-12-19, 8-14-19, 9-10-19, 9-24-19, 11-4-19

ADVANCED FROM 1-8-20, 1-7-20, 2-4-20, 4-28-20, 8-25-20, 10-13-20,

11-10-20


Docket 156

Tentative Ruling:

Do the parties have dates in mind for dispositive motions? Other dates? 10/13/2020 Tentative Ruling:

The court understands that mediation was not successful.


The dates in the status report for trial are pretty different. When would you suggest a trial date?


Initial disclosures need to be completed in accordance with the rules. Are the parties really going to argue about this?


When do Defendants plan to file their summary judgment motion?

11:30 AM

CONT...


Channel Technologies Group, LLC


Chapter 11


Do Plaintiffs intend to file a similar motion? When?


The court can set dates for full compliance for initial disclosures, other discovery deadlines, and a further status conference. Other deadlines might be appropriate now too.

Party Information

Debtor(s):

Channel Technologies Group, LLC Represented By

Jeffrey W Dulberg Victoria Newmark

Defendant(s):

Blue Wolf Capital Partners, LLC Represented By

Christopher O Rivas Howard Steinberg

Blue Wolf Capial Fund II, L.P. Represented By Christopher O Rivas Howard Steinberg

Gladstone Investment Corporation Represented By

Cheryl S Chang Craig N Haring

Blue Wolf Capital Advisors L.P. Represented By

Christopher O Rivas Howard Steinberg

BW Piezo Holdings, LLC Represented By Christopher O Rivas Howard Steinberg

CTG Advanced Materials, LLC Represented By Jonathan Boustani Paul J Laurin

CTS Corporation Represented By

11:30 AM

CONT...


Channel Technologies Group, LLC


Jonathan Boustani Paul J Laurin


Chapter 11

Duff & Phelps Represented By Christopher O Rivas

CIT BANK, N.A. Pro Se

Plaintiff(s):

Corporate Recovery Associates, Represented By Christian A Orozco Andrew B Levin Sam Butler Hardy IV Edward J Dennis Adrian Garcia

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:20-01018 Faith v. Digital Dogma Corp.


#10.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01018. Complaint by Jeremy W. Faith against Digital Dogma Corp.. (Charge To Estate). - Complaint (1) for Avoidance of Post- Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)


FR. 4-28-20, 8-10-20, 10-27-20


Docket 1


Tentative Ruling:

What's the status of the motion for default judgment?

Party Information

Debtor(s):

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Digital Dogma Corp. Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy

Anthony A Friedman

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:20-01019 Faith v. Heringer Estate Winery


#11.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01019. Complaint by Jeremy W. Faith against Heringer Estate Winery. (Charge To Estate). - Complaint (1) for Avoidance of Post-Petition Transfer; and (2) to Preserve Recovered Transfers for Benefit of Debtor's Estate [11 U.S.C. §§ 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)) (Friedman, Anthony)


FR. 4-28-20, 6-30-20, 9-8-20


Docket 1

*** VACATED *** REASON: Order approving stipulation to dismiss adversary was entered on 11/19/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Heringer Estate Winery Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy

Anthony A Friedman

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:20-01020 Faith v. American Express Company


#12.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01020. Complaint by Jeremy W. Faith against American Express Company. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)


FR. 4-28-20, 6-30-20, 9-8-20


Docket 1

*** VACATED *** REASON: Continued by stipulated order to 2/10/2021 at 11:30 am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

American Express Company Represented By Kelly Sweeney

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

11:30 AM

CONT...

Trustee(s):


The Vine Intervention, LLC


Chapter 7

Jeremy W. Faith (TR) Represented By Todd A Frealy

Anthony A Friedman

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:20-01021 Faith v. Cummins


#13.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01021. Complaint by Jeremy W. Faith against Andrea L. Cummins. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of Any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)


FR. 4-28-20, 9-1-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Andrea L. Cummins Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy

11:30 AM

CONT...


The Vine Intervention, LLC


Anthony A Friedman


Chapter 7

11:30 AM

9:17-12228


The Vine Intervention, LLC


Chapter 7

Adv#: 9:20-01022 Faith v. Cummins et al


#14.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01022. Complaint by Jeremy W. Faith against Mark Cummins, Andrea L. Cummins. (Charge To Estate). - Complaint to: (1) Avoid and Recover Fraudulent Transfers; (2) Avoid and Recover Preferential Transfers; (3) Avoid and Recover Post-Petition Transfers; (4) to Preserve Recovered Transfers for Benefit of Debtors Estate; and (5) Disallowance of Any Claims Held by Defendant [11 U.S.C. § 502(d)] [11 U.S.C. § 544 and California Civil Code § 3439 et. seq. and 11 U.S.C. §§ 502, 547, 548, 549 and 550] - Nature of Suit: (14 (Recovery of money/property - other)),(13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Friedman, Anthony)


FR. 4-28-20, 9-1-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

The Vine Intervention, LLC Represented By Leslie A Tos

Defendant(s):

Mark Cummins Pro Se

Andrea L. Cummins Pro Se

Plaintiff(s):

Jeremy W. Faith Represented By Anthony A Friedman

11:30 AM

CONT...

Trustee(s):


The Vine Intervention, LLC


Chapter 7

Jeremy W. Faith (TR) Represented By Todd A Frealy

Anthony A Friedman

11:30 AM

9:18-12079


Super98, LLC


Chapter 7

Adv#: 9:20-01004 Namba, Chapter 7 Trustee v. The Cardinal Collection Educational


#15.00 CONTD. Status Hearing

RE: [1] Adversary case 9:20-ap-01004. Complaint by Jerry Namba, Chapter 7 Trustee against The Cardinal Collection Educational Foundation, a California non-profit public benefit corporation, Martin Logies, an individual, John Skirtich, an individual. (Charge To Estate). Complaint for Declaratory Relief, Subordination of Claims, Avoidance and Recovery of Preferential Transfer, and Disallowance of Claim Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(81 (Subordination of claim or interest)),(12 (Recovery of money/property - 547 preference)) (Tedford, John)


FR. 3-24-20, 5-18-20


Docket 1

*** VACATED *** REASON: Continued to October 27, 2021 at 11:30am Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Super98, LLC Represented By

Kevin M. Sullivan

Defendant(s):

The Cardinal Collection Educational Represented By

Todd C. Ringstad

Martin Logies, an individual Represented By Todd C. Ringstad

John Skirtich, an individual Represented By Todd C. Ringstad

Plaintiff(s):

Jerry Namba, Chapter 7 Trustee Represented By

11:30 AM

CONT...


Trustee(s):


Super98, LLC


John N Tedford IV


Chapter 7

Jerry Namba (TR) Represented By

John N Tedford IV Eric P Israel

11:30 AM

9:18-12079


Super98, LLC


Chapter 7

Adv#: 9:20-01005 Namba, Chapter 7 Trustee v. Levine, an individual


#16.00 CONTD. Status Hearing

RE: [1] Adversary case 9:20-ap-01005. Complaint by Jerry Namba, Chapter 7 Trustee against Laurence H. Levine, an individual. (Charge To Estate).

Complaint for Declaratory Relief, Avoidance and Recovery of Preferential Transfer, Avoidance and Recovery of Fraudulent Transfer, and Disallowance of Claim Nature of Suit: (21 (Validity, priority or extent of lien or other interest in property)),(12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)) (Tedford, John)


FR. 3-24-20


Docket 1

*** VACATED *** REASON: Case dismissed on 7/27/2020 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Super98, LLC Represented By

Kevin M. Sullivan

Defendant(s):

Laurence H. Levine, an individual Represented By

Michael A Sweet Keith C Owens

Plaintiff(s):

Jerry Namba, Chapter 7 Trustee Represented By

John N Tedford IV

Trustee(s):

Jerry Namba (TR) Represented By

John N Tedford IV

11:30 AM

CONT...


Super98, LLC


Eric P Israel


Chapter 7

11:30 AM

9:19-10127


Kenneth L. McMahon


Chapter 7

Adv#: 9:19-01046 Kapitus Servicing, Inc., formerly known as Colonia v. McMahon et al


#17.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01046. Complaint by Kapitus Servicing, Inc., formerly known as Colonial Funding Network, Inc., as servicing agent for Cashio against Kenneth L. McMahon, Jacqueline Lee McMahon. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)),(68 (Dischargeability - 523(a)(6), willful and malicious injury)) (Harvey, Brian)


FR: 10-29-19, 2-4-20, 4-7-20, 6-16-20, 8-18-20, 10-14-20


Docket 1

*** VACATED *** REASON: Continued to February 10, 2021 at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kenneth L. McMahon Represented By

Andrew S Mansfield - INACTIVE -

Defendant(s):

Kenneth L. McMahon Represented By Christina Vanarelli

Jacqueline Lee McMahon Represented By Christina Vanarelli

Joint Debtor(s):

Jacqueline Lee McMahon Represented By

Andrew S Mansfield - INACTIVE -

Plaintiff(s):

Kapitus Servicing, Inc., formerly Represented By

11:30 AM

CONT...


Trustee(s):


Kenneth L. McMahon


Brian T Harvey


Chapter 7

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-10111


Kiki Leigh Scheiblauer


Chapter 7

Adv#: 9:20-01037 Griffith & Thornburgh, LLP et al v. Scheiblauer


#18.00 HearingRE: [17] Motion to Dismiss Adversary Proceeding set for 12/09/2020 at 11:30 a.m.


Docket 17

Tentative Ruling:


Timeliness


General Order 20-03 of the U.S. Bankruptcy Court for the Central District of California, issued in response to the COVID-19 pandemic, states in pertinent part, "the deadline set under Federal Rule of Bankruptcy Procedure 4007(c) for filing a complaint as to the dischargeability of certain debts under

§ 523(c) shall be extended, and the 60 day time period set therein shall begin on the reset date for the meeting of creditors . . ." Subection (c) of 11 U.S.C.

§ 523 relates to a creditor seeking an exception to discharge under 11 U.S.C.

§ 523(a)(2), (4), or (6). This adversary proceeding would fall under the extension and the deadline would have been continued.


The Plaintiff is correct that the meeting of creditors was continued to 4/20/20 pursuant to General Order 20-03. 60 days from 4/20/20 is 6/19/20, which means that the complaint was timely filed. The Debtor’s discharge was vacated on 5/21/20 due to the extension of the deadline.


12(b)(6)


To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Id.


A discharge under section 727, 1141, 1192, 1228(a), 1228(b) or 1328(b) of this title does not discharge an individual debtor from any debt –

11:30 AM

CONT...


Kiki Leigh Scheiblauer


Chapter 7

for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by – false pretense or false representation or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition. 11 U.S.C. § 523(a)(2)(A). The creditor bears the burden of demonstrating by a preponderance of the evidence each of the following five elements: (1) misrepresentation, fraudulent omission or deceptive conduct by the debtor; (2) knowledge of the falsity or deceptiveness of the representation or omission; (3) an intent to deceive; (4) the creditor’s justifiable reliance on the representation or conduct; and (5) damage to the creditor proximately caused by reliance on the debtor’s representations or conduct. In re Henriquez, 559 B.R. 900, 907 (Bankr. C.D. Cal. 2016).


The complaint alleges that a fee agreement was executed for legal services in the Debtor’s family law proceeding in early 2018. Services were rendered between May 2017 and May 2018 and fees of $47,179.08 were incurred. The Debtor received approximately $170,000 in net proceeds from the sale of her marital residence and has still not paid the Plaintiffs on the debt owed.


Because the Debtor entered into the contract for services, and manifested an intent to repay the Plaintiffs, and has subsequently not repaid those debts, the complaint alleges that the Debtor’s discharge should except the fees of $47,123.61 owed to the Plaintiff.


The complaint, while short, alleges facts under which a plausible inference could be made that the Debtor misrepresented an intent to pay with knowledge of the falsity of the representation and an intent to deceive. The Defendant has adequate information in the pleading to answer, and the Plaintiff ultimately will have the burden to prove what has been alleged.


Deny. Plaintiff to lodge order within seven days. Defendant must file an answer no later than 14 days after entry of the order.


Party Information

Debtor(s):

Kiki Leigh Scheiblauer Represented By

11:30 AM

CONT...


Kiki Leigh Scheiblauer


James Studer


Chapter 7

Defendant(s):

Kiki Leigh Scheiblauer Represented By James Studer

Movant(s):

Kiki Leigh Scheiblauer Represented By James Studer

Plaintiff(s):

Griffith & Thornburgh, LLP Represented By Felicita A Torres

Paul Capritto Represented By

Felicita A Torres

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10111


Kiki Leigh Scheiblauer


Chapter 7

Adv#: 9:20-01037 Griffith & Thornburgh, LLP et al v. Scheiblauer


#19.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01037. Complaint by Griffith & Thornburgh, LLP, Paul Capritto against Kiki Leigh Scheiblauer. false pretenses, false representation, actual fraud)) (Torres, Felicita)


FR. 8-25-20, 11-10-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kiki Leigh Scheiblauer Represented By James Studer

Defendant(s):

Kiki Leigh Scheiblauer Represented By James Studer

Plaintiff(s):

Griffith & Thornburgh, LLP Represented By Felicita A Torres

Paul Capritto Represented By

Felicita A Torres

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10518


Peter Alvara


Chapter 7

Adv#: 9:20-01043 McBeth v. Mansera


#20.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01043. Complaint by Sandra K McBeth against Simon N Mansera. ($350.00 Fee Charge To Estate). Complaint for Avoidance of Actual Fraudulent Transfer Pursuant to 11 USC 548(a)(1)(A) Constructive Fraudulent Transfer Pursuant to 11 USC 548(a)(1)(B) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)) (Tos, Leslie)


Docket 1


Tentative Ruling:

The court has available hearing dates on February 10, 17, and 24 for a continued status conference.

Party Information

Debtor(s):

Peter Alvara Represented By

Michael B Clayton

Defendant(s):

Simon N Mansera Represented By Jerry Namba

Joint Debtor(s):

Mercedes R Alvara Represented By Michael B Clayton

Plaintiff(s):

Sandra K McBeth Represented By Leslie A Tos Paul F Ready

Trustee(s):

Sandra McBeth (TR) Represented By

11:30 AM

CONT...


Peter Alvara


Paul F Ready Leslie A Tos


Chapter 7

11:30 AM

9: - Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1602053543

ZoomGov meeting number: 160 205 3543

Password: 973368

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:14-10379


Robert Lee Rains


Chapter 7

Adv#: 9:17-01062 Faith, Chapter 7 Trustee v. Rains et al


#1.00 CONT'D Status Hearing

RE: [1] Adversary case 9:17-ap-01062. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Robert Lee Rains, Betty Sue Rains. (Charge To Estate).

Complaint Against Debtors for Revocation of Discharge (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (41 (Objection / revocation of discharge - 727(c),(d),(e))) (Madoyan, Noreen)


FR. 7-18-18, 11-28-18, 4-16-19, 8-14-19, 12-17-19, 6-23-20


Docket 1


Tentative Ruling:

December dates include 12/1 and 12/14 at 11:30.

Party Information

Debtor(s):

Robert Lee Rains Represented By Jonathan Gura Reed H Olmstead

Defendant(s):

Robert Lee Rains Pro Se

Betty Sue Rains Pro Se

Joint Debtor(s):

Betty Sue Rains Represented By Jonathan Gura Reed H Olmstead

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Noreen A Madoyan Meghann A Triplett

11:30 AM

CONT...

Trustee(s):


Robert Lee Rains


Chapter 7

Jeremy W. Faith (TR) Represented By Noreen A Madoyan Meghann A Triplett Craig G Margulies

11:30 AM

9:19-10114


Virginia Rivera


Chapter 7

Adv#: 9:19-01065 Faith, Chapter 7 Trustee v. Valerio Rivera


#2.00 CONT'D Status Hearing

RE: [1] Adversary case 9:19-ap-01065. Complaint by Jeremy W. Faith, Chapter 7 Trustee against Luis Emmanuel Valerio Rivera. (Charge To Estate). Complaint for: (1) Avoidance of Actual Fraudulent Transfers [11 U.S.C. § 548(a)(1)(A)]; (2) Avoidance of Constructive Fraudulent Transfers [11 U.S.C. § 548(a)(1)(B); (3) Recovery of Avoided Transfer [11 U.S.C. § 550]; and (4) Turnover [11 U.S.C. § 542] (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other)),(11 (Recovery of money/property - 542 turnover of property)) (Madoyan, Noreen)


FR. 1-7-20, 3-24-20, 6-30-20


Docket 1

*** VACATED *** REASON: Stipulation to dismiss case filed on 11/30/20. Case closed.

Tentative Ruling:

This matter has settled, right? Trustee needs to request dismissal.

Party Information

Debtor(s):

Virginia Rivera Pro Se

Defendant(s):

Luis Emmanuel Valerio Rivera Represented By Christian J Younger

Plaintiff(s):

Jeremy W. Faith, Chapter 7 Trustee Represented By

Noreen A Madoyan

Trustee(s):

Jeremy W. Faith (TR) Represented By

11:30 AM

CONT...


Virginia Rivera


Noreen A Madoyan


Chapter 7

11:30 AM

9:20-10359


Clayton Dow Hunt


Chapter 7

Adv#: 9:20-01036 MARTINEZ v. Hunt


#3.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01036. Complaint by JEREMY MARTINEZ, Clayton Dow Hunt against Clayton Dow Hunt. willful and malicious injury)),(62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)) (Ring, Michael)


FR. 8-25-20


Docket 1

*** VACATED *** REASON: Continued by stipulated order to 2/3/2021 at 11:30 am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Clayton Dow Hunt Represented By Reed H Olmstead

Defendant(s):

Clayton Dow Hunt Represented By Reed H Olmstead

Joint Debtor(s):

Autumn Sweetsage Hunt Represented By Reed H Olmstead

Plaintiff(s):

JEREMY MARTINEZ Represented By Michael P Ring

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10809


Jason Scott Heller


Chapter 7


#4.00 Reaffirmation Hearing Date SetRE: [11] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jason Scott Heller Represented By David L Hagan

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-10849


Stacy Dee Basulto and Henry Larry Basulto


Chapter 7


#5.00 CONT'D Reaffirmation Hearing Date Set

RE: [13] Pro se Reaffirmation Agreement Between Debtor and Mercedes-Benz Financial Services USA LLC (2016 Mercedes-Benz Sprinter Van)


FR. 11-4-20


Docket 13


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Stacy Dee Basulto Represented By Reed H Olmstead

Joint Debtor(s):

Henry Larry Basulto Represented By Reed H Olmstead

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-10878


Joel Melgoza-Areyan


Chapter 7


#6.00 Reaffirmation Hearing Date SetRE: [11] Motion for Approval of Reaffirmation Agreement with Nissan Motor Acceptance Corporation (Rafferty, John)


Docket 11


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Joel Melgoza-Areyan Represented By

Leroy Bishop Austin

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10995


Jazmin Torres Gonzalez


Chapter 7


#7.00 Reaffirmation Hearing Date SetRE: [12] Pro se Reaffirmation Agreement Between Debtor and BANK OF THE WEST


Docket 12


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jazmin Torres Gonzalez Represented By

Leroy Bishop Austin

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-11000


Darrell James Walters


Chapter 7


#8.00 Reaffirmation Hearing Date SetRE: [10] Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Rafferty, John)


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Darrell James Walters Represented By Daniel A Higson

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-11010


Luis Guillermo Mendoza and Yarased Calderon


Chapter 7


#9.00 Reaffirmation Hearing Date SetRE: [14] Reaffirmation Agreement Between Debtor and Ford Motor Credit Company LLC (2018 Ford Explorer)


Docket 14


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Luis Guillermo Mendoza Represented By Lindsey B Green

Joint Debtor(s):

Yarased Calderon Represented By Lindsey B Green

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-11092


Ruth Cuentas


Chapter 7


#10.00 Reaffirmation Hearing Date SetRE: [8] Reaffirmation Agreement Between Debtor and San Diego County Credit Union


Docket 8


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ruth Cuentas Represented By

Randall V Sutter

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:20-11110


Laurel Ann Ollila


Chapter 7


#11.00 Reaffirmation Hearing Date SetRE: [9] Pro se Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Rafferty, John)


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Laurel Ann Ollila Represented By William E. Winfield

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-11152


Christine Lesley Gorham


Chapter 7


#12.00 Reaffirmation Hearing Date SetRE: [9] Reaffirmation Agreement Between Debtor and Logix Federal Credit Union (Espinoza, Cesar)


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christine Lesley Gorham Represented By Daniel King

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-11159


Janeth Valencia


Chapter 7


#13.00 Reaffirmation Hearing Date SetRE: [10] Motion for Approval of Reaffirmation Agreement with Nissan Motor Acceptance Corporation (Rafferty, John)


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Janeth Valencia Represented By Monica Robles

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-11184


Kamil Achkar


Chapter 7


#14.00 Reaffirmation Hearing Date SetRE: [10] Pro se Reaffirmation Agreement Between Debtor and Toyota Motor Credit Corporation (Rafferty, John)


Docket 10


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kamil Achkar Represented By Daniel A Higson

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-11185


Henry Allen Gordon


Chapter 7


#15.00 Reaffirmation Hearing Date SetRE: [9] Motion for Approval of Reaffirmation Agreement with Harley-Davidson Credit Corp (Rafferty, John)


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Henry Allen Gordon Represented By Daniel A Higson

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-11222


Marcos Josue Pena and Trina J Fontes


Chapter 7


#16.00 Reaffirmation Hearing Date SetRE: [19] Pro se Reaffirmation Agreement Between Debtor and Logix Federal Credit Union


Docket 19


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Marcos Josue Pena Pro Se

Joint Debtor(s):

Trina J Fontes Pro Se

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-11272


Tracey Inman-Weaver


Chapter 7


#17.00 Reaffirmation Hearing Date SetRE: [7] Pro se Reaffirmation Agreement Between Debtor and Golden 1 Credit Union


Docket 7


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Tracey Inman-Weaver Pro Se

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

2: -


ZOOM INFORMATION


Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1619140981


ZoomGov meeting number: 161 914 0981


Password: 280555


Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions



Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

2:16-22745


Yu Hua Long Investments LLC


Chapter 11


#1.00 Hearing RE: [383] Motion to Disallow Claims No. 18 and No. 19 and Reduce Claim No. 15 Filed By Teng Huang Against Yu Hua Long Investments, LLC;


Docket 383


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Yu Hua Long Investments LLC Represented By

M. Jonathan Hayes

Trustee(s):

Timothy Yoo (TR) Represented By Philip A Gasteier Jeffrey S Kwong Timothy J Yoo

11:30 AM

2:16-22745


Yu Hua Long Investments LLC


Chapter 11

Adv#: 2:20-01639 Huang v. Carter et al


#2.00 Status Hearing RE: [1] Adversary case 2:20-ap-01639. Complaint by Teng Huang against Maureen Carter, Roger C Carter, SI LAU, Kitty Yip, David Wan, Winnie Wan. priority or extent of lien or other interest in property)),(81 (Subordination of claim or interest))


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Yu Hua Long Investments LLC Represented By

M. Jonathan Hayes

Defendant(s):

Maureen Carter Pro Se

Roger C Carter Pro Se

SI LAU Pro Se

Kitty Yip Pro Se

David Wan Pro Se

Winnie Wan Pro Se

Plaintiff(s):

Teng Huang Represented By

Steven R Fox

Trustee(s):

Timothy Yoo (TR) Represented By Philip A Gasteier Jeffrey S Kwong

11:30 AM

CONT...


Yu Hua Long Investments LLC


Timothy J Yoo


Chapter 11

11:30 AM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:13-01910 New Meatco Provisions, LLC v. Richmoore Holding, Inc.


#3.00 CONTD. Status Hearing RE: [1] Adversary case 2:13-ap-01910. Complaint by New Meatco Provisions, LLC against Richmoore Holding, Inc.. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(13 (Recovery of money/property - 548 fraudulent transfer)),(14 (Recovery of money/property - other))

fr.10-3,12-11-13,1-9-14,3-20-14,5-20-14, 8-19-2014

fr. 11-18-14, 2-24-15,6-9-15,8-25-15,12-15-15

fr.4-19-16, 7-26-16,10-25-16, 2-7-17,5-23-17

fr.5-30-17,9-5-17,9-12-17,3-14-18, 6-27-18

fr.11-7-18, 1-23-19, 5-22-19,9-18-19,12-3-19,3-11-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut

Defendant(s):

Richmoore Holding, Inc. Pro Se

Plaintiff(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut

11:30 AM

CONT...


New Meatco Provisions, LLC


Chapter 11

U.S. Trustee(s):

United States Trustee (LA) Pro Se

11:30 AM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:13-02202 New Meatco Provisions, LLC v. AA Meat Products Corporation


#4.00 CONTD. Status Hearing RE: [1] Adversary case 2:13-ap-02202. Complaint by New Meatco Provisions, LLC against AA Meat Products Corporation. (Charge To Estate). Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


fr.3-20-14,5-20-14, 8-19-2014,11-18-14

fr. 2-24-15,6-9-15,8-25-15,12-15-15

fr.4-19-16,7-26-16,10-25-16,2-7-17,5-23-17

fr.5-30-17,9-5-17,9-12-17,3-14-18

fr. 6-27-18,11-7-18,1-23-19, 5-22-19

9-18-19, 12-3-19,3-11-20


Docket 1


Tentative Ruling:

The court has conducted evidentiary hearings using zoom. Before the court continues this matter pending an in-person trial at some unknown date in the future, perhaps the parties should discuss a trial conducted over zoom.


How many witnesses and exhibits are expected? How long would the parties expect trial to be?

Party Information

Debtor(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut Michael S Cryan

Defendant(s):

AA Meat Products Corporation Pro Se

11:30 AM

CONT...


New Meatco Provisions, LLC


Chapter 11

Plaintiff(s):

New Meatco Provisions, LLC Represented By Mette H Kurth Michael S Cryan M Douglas Flahaut

U.S. Trustee(s):

United States Trustee (LA) Pro Se

11:30 AM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:15-01238 Grobstein v. Bay Area Seafood, Inc.


#5.00 CONTD. Status Hearing RE: [1] Adversary case 2:15-ap-01238. Complaint by Howard Grobstein against Bay Area Seafood, Inc. For: (1) Avoidance and Recovery of Preferential Transfers [11 U.S.C. §§ 547(b). 550(a), and 551]; and

(2) Disallowance of any Claims held by Defendant [ 11 U.S.C. § 502(d)] Nature of Suit: (12 (Recovery of money/property - 547 preference))


fr.7-7-15,8-11-15,12-15-15,4-19-16

fr.7-26-16,10-25-16,2-7-17,5-23-17

fr.5-30-17,9-5-17,9-12-17,3-14-18

fr. 6-27-18,11-7-18,1-23-19, 5-22-19

9-18-19, 12-3-19,3-11-20


Docket 1

Tentative Ruling:

The court has April 20 and April 29 available as continued status conference dates.

Party Information

Debtor(s):

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut Michael S Cryan

Defendant(s):

Bay Area Seafood, Inc. Pro Se

Plaintiff(s):

Howard Grobstein Represented By Lindsey L Smith

11:30 AM

CONT...

Trustee(s):


New Meatco Provisions, LLC


Chapter 11

Howard B Grobstein Represented By Lindsey L Smith

U.S. Trustee(s):

United States Trustee (LA) Pro Se

11:30 AM

2:13-22155


New Meatco Provisions, LLC


Chapter 11

Adv#: 2:15-01244 Grobstein v. Maike Loehr & Company, Inc., dba Landmark Foods


#6.00 CONTD. Status Hearing RE: [1] Adversary case 2:15-ap-01244. Complaint by Howard Grobstein against Maike Loehr & Company, Inc., dba Landmark Foods. (Charge To Estate). (Attachments: # 1 Adversary Proceeding Cover Sheet) Nature of Suit: (12 (Recovery of money/property - 547 preference)),(14 (Recovery of money/property - other))


fr.9-24-20,10-20-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

New Meatco Provisions, LLC Represented By Mette H Kurth

M Douglas Flahaut Michael S Cryan

Defendant(s):

Maike Loehr & Company, Inc., dba Pro Se

Plaintiff(s):

Howard Grobstein Represented By Anthony A Friedman Lindsey L Smith Gary E Klausner

Trustee(s):

Howard B Grobstein Represented By Lindsey L Smith

11:30 AM

CONT...


New Meatco Provisions, LLC


Chapter 11

U.S. Trustee(s):

United States Trustee (LA) Pro Se

11:30 AM

2:14-19226


Eliminator Custom Boats, Inc.


Chapter 11

Adv#: 2:19-01014 Gotfredson v. Wong et al


#7.00 Contd. Status Hearing RE: [1] Adversary case 2:19-ap-01014. Complaint by Elliott Gotfredson against James Y Wong, Armory Consulting Co., Eliminator Custom Boats, Inc.. (Fee Not PAID-FEE DEFFERRED). Nature of Suit: (01 (Determination of removed claim or cause))

Fr. 8-12-20


fr.9-24-20, 10-20-20,11-12-20


Docket 1


Tentative Ruling:

The court won't consider remand without a noticed motion and opportunity to respond. FRBP 9027(d), 9014.

Party Information

Debtor(s):

Eliminator Custom Boats, Inc. Represented By James E Till

Defendant(s):

James Y Wong Pro Se

Armory Consulting Co. Pro Se

Eliminator Custom Boats, Inc. Represented By James E Till

Plaintiff(s):

Elliott Gotfredson Represented By

E Jay Gotfredson James E Till

11:30 AM

2: -


ZOOM INFORMATION


Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.


Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).


Neither a Zoom nor a ZoomGov account is necessary to participate and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1608954264

ZoomGov meeting number: 160 895 4264

Password: 466952

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions


Docket 0


Tentative Ruling:

11:30 AM

1:19-12841


Michael John Bostic


Chapter 11


#1.00 Hearing RE: [83] Final Application by Resnik Hayes Moradi LLP, General Bankruptcy Counsel for the Debtor, for Allowance of Fees and Reimbursement of Costs for the Period of November 12, 2019 Through November 5, 2020; Period: 11/12/2019 to 11/5/2020, Fee: $26,606.00, Expenses: $2,129.35.


Docket 83

Tentative Ruling:


The first and final application for allowance of fees and costs was properly noticed in accordance with FRBP 2002 and Local Bankruptcy Rule (“LBR”) 2016-1 and set for hearing in accordance with LBRs 2016-1 and 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the relief sought in the application. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Further, because the application contains the information required in LBR 2016-1(a) and a prima facie case has been established in support of the application, an actual hearing is not necessary. The Court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.

GRANT all relief requested. The application is approved and payment of the requested amounts is approved.


Applicant to submit order within seven days.


Party Information

Debtor(s):

Michael John Bostic Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

1:19-12500


Ketab Corporation


Chapter 11


#2.00 Cont'd. Hearing re: Disclosure Statement Describing Chapter 11 Plan of Reorganization

fr.11-18-20


Docket 100

*** VACATED *** REASON: Plan & Disclosure Voluntary Dismiss/Withdrawn

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ketab Corporation Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

9:19-11625


Shane Patrick Mahan


Chapter 7

Adv#: 9:19-01057 William G. Joiner, as Trustee of the William G. Jo v. Mahan et al


#3.00 CONT'D Status Hearing

RE: [25] Amended Complaint First Amended Complaint by Meghan Canty Murphey on behalf of William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against Jeremy W. Faith, Chapter 7 Trustee, Legacy Effects, LLC, Shane Patrick Mahan. (RE: related document(s)1 Adversary case 9:19-

ap-01057. Complaint by William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02 against William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02, Shane Patrick Mahan, Legacy Effects, LLC, John D. Monte. (21 (Validity, priority or extent of lien or other interest in property)),(72 (Injunctive relief - other)) filed by Plaintiff William G. Joiner, as Trustee of the William G. Joiner Trust Dated 2/6/02). (Attachments: # 1 Exhibit Exhibit 1 # 2 Exhibit Exhibit 2 # 3 Exhibit Exhibit 3 # 4 Affidavit Exhibit 4 # 5 Exhibit Exhibit 5 # 6 Exhibit

Exhibit 6 # 7 Exhibit Exhibit 7 - Part 2 # 8 Exhibit Exhibit 7 - Part 2 # 9 Exhibit

Exhibit 7 - Part 3 # 10 Exhibit Exhibit 7 - Part 4 # 11 Exhibit Exhibit 8) (Reynolds, Richard)


FR. 5-18-20, 6-23-20, 9-1-20, 11-10-20


Docket 25

*** VACATED *** REASON: Stipulated order entered on 12-3-20. Hearing continued to January 13, 2021 at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Shane Patrick Mahan Pro Se

Defendant(s):

Shane Patrick Mahan Pro Se

Legacy Effects, LLC Represented By Lee T Dicker

11:30 AM

CONT...


Shane Patrick Mahan


Chapter 7

John D. Monte Pro Se

Jeremy W. Faith, Chapter 7 Trustee Represented By

Todd A Frealy Lindsey L Smith Richard P Steelman Jr

Plaintiff(s):

William G. Joiner, as Trustee of the Represented By

Richard J Reynolds Meghan C Murphey Joseph P Buchman

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith

11:30 AM

9:19-11625


Shane Patrick Mahan


Chapter 7


#4.00 Hearing

RE: [168] Motion to Approve Compromise Under Rule 9019 Chapter 7 Trustees Motion Pursuant To Federal Rule of Bankruptcy Procedure 9019(a) For An Order Approving Settlement and Compromise of Controversy Between Jeremy

W. Faith, Chapter 7 Trustee and William G. Joiner, As Trustee of The William G. Joiner Trust Dated 2/6/02; Memorandum of Points and Authorities; and Declaration of Jeremy W. Faith In Support Thereof (With Exhibit 1) (with proof of service) (Steelman, Richard)


FR. 12-16-20


Docket 168

*** VACATED *** REASON: Stipulated order entered on 12-3-20. Hearing continued to January 13, 2021 at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Shane Patrick Mahan Pro Se

Trustee(s):

Jeremy W. Faith (TR) Represented By Todd A Frealy Lindsey L Smith

Richard P Steelman Jr

10:30 AM

9: - Chapter


#0.00


All Hearings on This Chapter 13 Calendar Will be Held via CourtCall


To mitigate the spread of the COVID-19 virus, all hearings before Judge Saltzman will be telephonic until further notice.


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


Through March 31, 2021, CourtCall is offering discounted rates to attorneys and FREE access for parties who do not have an attorney (pro se parties).


Docket 0


Tentative Ruling:

- NONE LISTED -

10:30 AM

9:20-10628


Susan Lynn Delgado


Chapter 13


#1.00 Hearing on Confirmation of Chapter 13 Plan


Docket 30

*** VACATED *** REASON: Continued to January 21, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Susan Lynn Delgado Represented By Chris Gautschi

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10690


Holly Godshall


Chapter 13


#2.00 Hearing on Confirmation of Chapter 13 Plan FR. 9-17-20

Docket 1

*** VACATED *** REASON: Continued to February 18, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Holly Godshall Represented By

Steven Abraham Wolvek

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10755


Christopher John Sanchez


Chapter 13


#3.00 Hearing on Confirmation of Chapter 13 Plan FR. 10-22-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christopher John Sanchez Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10769


Greg K Beck


Chapter 13


#4.00 Hearing on Confirmation of Chapter 13 Plan FR. 9-17-20, 11-19-20

Docket 1

*** VACATED *** REASON: Continued to February 18, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Greg K Beck Represented By

Reed H Olmstead

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10857


Dana Louise Mcgunigale


Chapter 13


#5.00 Hearing on Confirmation of Chapter 13 Plan FR. 10-22-20


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Dana Louise Mcgunigale Represented By Eric Ridley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11038


Damian Joseph Nieman


Chapter 13


#6.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to January 21, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Damian Joseph Nieman Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11066


Sergio A. Rosello and Elizabeth D. Arellano


Chapter 13


#7.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to February 18, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sergio A. Rosello Represented By Elena Steers

Joint Debtor(s):

Elizabeth D. Arellano Represented By Elena Steers

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11071


Caleb Eugene Cole and Holly Ann Cole


Chapter 13


#8.00 Hearing on Confirmation of Chapter 13 Plan FR. 11-19-20

Docket 1

*** VACATED *** REASON: Continued to January 21, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Caleb Eugene Cole Represented By Vaughn C Taus

Joint Debtor(s):

Holly Ann Cole Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11137


Carla Teresa Whited


Chapter 13


#9.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to January 21, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Carla Teresa Whited Represented By Eric Ridley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11154


Sammie Pearl Stones


Chapter 13


#10.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sammie Pearl Stones Represented By

Rabin J Pournazarian

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11168


Ann Phan Luan


Chapter 13


#11.00 Hearing on Confirmation of Chapter 13 Plan


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ann Phan Luan Represented By Reed H Olmstead

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11226


Celerino Tello Valenzuela and Christine Okinaka Valenzuela


Chapter 13


#12.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Continued to January 21, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Celerino Tello Valenzuela Represented By Kevin T Simon

Joint Debtor(s):

Christine Okinaka Valenzuela Represented By Kevin T Simon

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11236


Leonardo Diomedes Rojas, Jr. and Malia Lyn Rojas


Chapter 13


#13.00 Hearing on Confirmation of Chapter 13 Plan


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Leonardo Diomedes Rojas Jr. Represented By Sara E Razavi

Joint Debtor(s):

Malia Lyn Rojas Represented By Sara E Razavi

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11240


Kelly M Head


Chapter 13


#14.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kelly M Head Represented By

Tom A Moore

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11279


Edgar Gaspar Ruiz and Delmis Margarita Gaspar


Chapter 13


#15.00 Hearing on Confirmation of Chapter 13 Plan


Docket 1

*** VACATED *** REASON: Voluntary dismissal entered on 12/16/20 Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Edgar Gaspar Ruiz Represented By

Leroy Bishop Austin

Joint Debtor(s):

Delmis Margarita Gaspar Represented By

Leroy Bishop Austin

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-11520


Richard W. York


Chapter 13


#16.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 9-28-17, 11-30-17, 1-25-18, 3-22-18, FR. 5-24-18, 6-21-18, 9-27-18,

1-17-19, 3-21-19, 5-23-19, 6-20-19, 9-19-19, 11-21-19, 2-27-20, 5-21-20,

8-20-20, 10-22-20


Docket 1


Tentative Ruling:

Ruling for February 27, 2020

Continued to May 21, 2020 at 10:00 a.m.


Ruling for 11/21/19: Continued to 2/27/20.


Ruling for 9/19/19:

Continued to 11/21/19.


Ruling for 6/20/19: Cont. to 9/19/19.


Ruling for May 23, 2019: Cont. to 8/15/19 at 10:00 a.m.


Ruling forMarch 21, 2019

Continued to May 23, 2019


Debtor(s):


Party Information

Richard W. York Represented By Reed H Olmstead Mark Bernsley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11053


Warren Johnson


Chapter 13


#17.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 4-16-20, 6-18-20, 7-16-20, 8-20-20,

10-22-20


Docket 1


Tentative Ruling:

Based on United States District Court Chief Judge’s Order No. 20-042 closing all of the courthouses to the public, and United States Bankruptcy Court General Order No. 20-02 making telephonic appearances mandatory, this will be a telephonic hearing only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT (866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling for 11/21/19: Continued to 1/16/20.

Party Information

Debtor(s):

Warren Johnson Represented By Nathan Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11087


Robert B. Haight


Chapter 13


#18.00 CONT'D Hearing on Confirmation of Chapter 13 Plan


FR. 9-19-19, 11-21-19, 1-16-20, 3-26-20, 5-21-20, 7-16-20, 8-20-20, 10-22-20


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Robert B. Haight Represented By Nicholas S Nassif

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11271


Albert Maxwell Goldberg


Chapter 13


#19.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 10-17-19, 12-19-19, 2-27-20, 7-16-20, 10-22-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Albert Maxwell Goldberg Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11271


Albert Maxwell Goldberg


Chapter 13


#19.10 CONT'D Status Hearing

RE: [57] Motion To Cram Down Mortgage Lien Of 1900 Capital Trust III, By US Bank, As Certificate Trustee; [58] Motion to Avoid Lien JUNIOR LIEN with First American Funding, LLC Filed by Debtor Albert Maxwell Goldberg


FR. 7-16-20, 10-22-20


Docket 57


Tentative Ruling:

The court will set an evidentiary hearing on this matter. The hearing will be conducted on ZoomGov.


The creditor will need access to conduct an appraisal.


Please have some dates in mind for the hearing and related deadlines. The court will need briefing on value as well as the issue of principal residence.

Party Information

Debtor(s):

Albert Maxwell Goldberg Pro Se

Movant(s):

Albert Maxwell Goldberg Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11271


Albert Maxwell Goldberg


Chapter 13


#19.20 Hearing

RE: [58] Motion to Avoid Lien JUNIOR LIEN with First American Funding, LLC (Garber, Richard)


Docket 58

Tentative Ruling:

Without a determination as to the value of the subject property, the court cannot make an informed decision as to lien avoidance. Continue along with the motion to value.

Party Information

Debtor(s):

Albert Maxwell Goldberg Pro Se

Movant(s):

Albert Maxwell Goldberg Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10143


Kamal Baquar and Shannon Baquar


Chapter 13


#20.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 5-21-20, 8-20-20

Docket 1

*** VACATED *** REASON: Case dismissed 12-15-20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kamal Baquar Represented By

Richard Warren Shuben

Joint Debtor(s):

Shannon Baquar Represented By

Richard Warren Shuben

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#21.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 9-17-20, 10-22-20, 11-19-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#21.10 CONT'D Hearing

RE: [67] Motion to Avoid Lien JUNIOR LIEN with Ditech Financial LLC FR. 10-22-20, 11-19-20

Docket 67


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#21.20 CONT'D Hearing

RE: [69] Motion to Avoid Lien Property Lien with Simi Valley Homeowners Association


FR. 10-22-20, 11-19-20


Docket 69


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10351


Matthew A. Kolkowski and Holli Kolkowski


Chapter 13


#21.30 CONT'D Hearing on Objection to Claim #13 by Claimant Simi Valley Homeowners Association. in the amount of $ 43420.66; Filed by Debtors


FR. 11-19-20


Docket 85


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Matthew A. Kolkowski Represented By Bryan Diaz

Joint Debtor(s):

Holli Kolkowski Represented By Bryan Diaz

Movant(s):

Matthew A. Kolkowski Represented By Bryan Diaz

Holli Kolkowski Represented By Bryan Diaz

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10357


Samuel Lawrence Dodd and Jamie Marie Dodd


Chapter 13


#22.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 6-18-20, 8-20-20, 9-17-20, 11-19-20


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Samuel Lawrence Dodd Represented By Vaughn C Taus

Joint Debtor(s):

Jamie Marie Dodd Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10365


Don Fitch


Chapter 13


#23.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 8-20-20, 10-22-20, 11-19-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Don Fitch Represented By

Eric Ridley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10383


Roberto Magno Cerna and Nenita Vidal Cerna


Chapter 13


#24.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 8-20-20, 10-22-20


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Roberto Magno Cerna Represented By

Timothy L McCandless

Joint Debtor(s):

Nenita Vidal Cerna Represented By

Timothy L McCandless

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10492


Briza O. Ramos and Hector Ramos


Chapter 13


#25.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 9-17-20, 10-22-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Briza O. Ramos Represented By Tom A Moore

Joint Debtor(s):

Hector Ramos Represented By Tom A Moore

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10543


Steven Phillip Rosen and Renee Terrie Rosen


Chapter 13


#26.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 7-16-20, 8-20-20, 10-22-20


Consent Calendar (Per Trustee)


Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Steven Phillip Rosen Represented By Vicki I Temkin

Joint Debtor(s):

Renee Terrie Rosen Represented By Vicki I Temkin

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10830


Alfonso Lara Portugal


Chapter 13


#27.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 11-19-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Alfonso Lara Portugal Represented By Kenneth H J Henjum

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-11129


Christopher Giovanny Flores


Chapter 13


#28.00 CONT'D Hearing on Confirmation of Chapter 13 Plan FR. 11-19-20

Docket 1


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Christopher Giovanny Flores Represented By

L. Tegan Rodkey

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-10934


Joseph Anthony Kovach and Renee Lynne Kovach


Chapter 13


#29.00 CONT'D Hearing

RE: [141] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 11-19-20


Docket 141

*** VACATED *** REASON: Continued to January 21, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Joseph Anthony Kovach Represented By

Rabin J Pournazarian

Joint Debtor(s):

Renee Lynne Kovach Represented By

Rabin J Pournazarian

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-12018


Shannon Arlene Simonini


Chapter 13


#30.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 10-22-20


Docket 47

*** VACATED *** REASON: Continued to February 18, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Shannon Arlene Simonini Represented By Reed H Olmstead

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-12193


Kathy V. Goodnight


Chapter 13


#31.00 HearingRE: [54] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 54


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kathy V. Goodnight Represented By Michael B Clayton

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:16-12437


Ronald James Wilson


Chapter 13


#32.00 Hearing

RE: [33] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20. 11-19-20


Docket 33

*** VACATED *** REASON: Continued to January 21, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ronald James Wilson Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10414


David Vinh Ung


Chapter 13


#33.00 HearingRE: [47] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 47


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

David Vinh Ung Represented By James C Ames

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11261


Clarence Acie Rudd, III and Deborah Lee Rudd


Chapter 13


#34.00 CONT'D Hearing

RE: [139] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 10-22-20, 11-19-20


Docket 139


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Clarence Acie Rudd III Represented By Steven A Alpert

Joint Debtor(s):

Deborah Lee Rudd Represented By Steven A Alpert

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-11690


Todd Warren Schirmer


Chapter 13


#35.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 96


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Todd Warren Schirmer Represented By Scott Kosner

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-12118


Scott A. Slosson and Carie L. Slosson


Chapter 13


#36.00 CONT'D Hearing on Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 10-22-20, 11-19-20


Docket 47

*** VACATED *** REASON: Motion to be withdrawn by trustee.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Scott A. Slosson Represented By Michael B Clayton

Joint Debtor(s):

Carie L. Slosson Represented By Michael B Clayton

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-10140


Ralph Nickolas Lopez and Danielle Joy Lopez


Chapter 13


#37.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 131

*** VACATED *** REASON: Continued to February 18, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Ralph Nickolas Lopez Represented By Joshua L Sternberg

Joint Debtor(s):

Danielle Joy Lopez Represented By Joshua L Sternberg

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11089


Travis Alan Rainey and Sasha Annalisa Rainey


Chapter 13


#38.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 69


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Travis Alan Rainey Represented By Steven A Alpert

Joint Debtor(s):

Sasha Annalisa Rainey Represented By Steven A Alpert

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11269


Brian E. Clayton


Chapter 13


#39.00 Hearing

RE: [33] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 33


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Brian E. Clayton Represented By Linda S Blonsley

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11607


Jamie Luna and Brandy Marie Luna


Chapter 13


#40.00 CONT'D Hearing

RE: [44] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20, 8-20-20, 10-22-20, 11-19-20


Docket 44


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jamie Luna Represented By

Matthew D. Resnik

Joint Debtor(s):

Brandy Marie Luna Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11646


Sandra M. Royster


Chapter 13


#41.00 CONT'D Hearing

RE: [67] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 11-19-20


Docket 67

*** VACATED *** REASON: Motion was withdrawn by trustee on 12/11/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Sandra M. Royster Represented By

Rabin J Pournazarian

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10039


Adam Jay Greenberg


Chapter 13


#42.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 10-22-20


Docket 134


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Adam Jay Greenberg Represented By Kevin T Simon

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10410


Sherilyn Ann Nelson


Chapter 13


#43.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 36


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Sherilyn Ann Nelson Represented By Christian J Younger

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10455


Kyle Nicholas McReynolds


Chapter 13


#44.00 CONT'D Hearing

RE: [46] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20, 10-22-20, 11-19-20


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Kyle Nicholas McReynolds Represented By Daniel King

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11098


George M Carrier and Ann Marie Carrier


Chapter 13


#45.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 10-22-20


Docket 37


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

George M Carrier Represented By

Andrew S Mansfield - INACTIVE - Matthew D. Resnik

Joint Debtor(s):

Ann Marie Carrier Represented By

Andrew S Mansfield - INACTIVE - Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11224


Ernest Joe Terrones


Chapter 13


#46.00 HearingRE: [46] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Ernest Joe Terrones Represented By Nicholas M Wajda

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11352


Jay Brian Schoen


Chapter 13


#47.00 Hearing

RE: [71] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20, 10-22-20, 11-19-20


Docket 71


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Jay Brian Schoen Represented By Rob R Nichols

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11367


Minette Francine Parmentier-Castell


Chapter 13


#48.00 Hearing

RE: [57] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 10-22-20


Docket 57

*** VACATED *** REASON: Motion was withdrawn by trustee on 12/15/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Minette Francine Parmentier-Castell Represented By

Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11479


Dominick Deshun Williams


Chapter 13


#49.00 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 10-22-20


Docket 29

*** VACATED *** REASON: Continued to January 21, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Dominick Deshun Williams Represented By Ali R Nader

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-11737


Clifford G. Henthorne and Marcelina Henthorne


Chapter 13


#50.00 Hearing

RE: [43] Trustee's Motion to Dismiss Case Trustee's Motion to Dismiss Chapter 13 Case due to Material Default of Plan: Failure to Submit all Tax Refunds F Rojas (TR) (Rojas (TR), Elizabeth (SV))


Docket 43

*** VACATED *** REASON: Motion was withdrawn by trustee on 12/1/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Clifford G. Henthorne Represented By Michael B Clayton

Joint Debtor(s):

Marcelina Henthorne Represented By Michael B Clayton

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:20-10085


Norma Delgado


Chapter 13


#51.00 Hearing

RE: [33] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 33

*** VACATED *** REASON: Continued to January 21, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Norma Delgado Represented By Matthew D. Resnik

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11724


Kathleen M. Cipres


Chapter 13


#51.10 Hearing

RE: [41] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 41

*** VACATED *** REASON: Continued to January 21, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kathleen M. Cipres Represented By Stephen S Smyth

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11725


Guillermo Munoz and Janet Munoz


Chapter 13


#51.20 Motion to Dismiss Case for Failure to Make Plan Payments Filed by Trustee Elizabeth (ND) F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 41

*** VACATED *** REASON: Withdrawal of motion filed 12-15-20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Guillermo Munoz Represented By Todd J Mannis

Joint Debtor(s):

Janet Munoz Represented By

Todd J Mannis

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10694


Roland F. Remigio and Ruby Remigio


Chapter 13


#51.30 Hearing

RE: [46] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


Docket 46


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Roland F. Remigio Represented By Carissa N Horowitz

Joint Debtor(s):

Ruby Remigio Represented By Carissa N Horowitz

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11626


Scott Rosson


Chapter 13


#52.00 CONT'D Hearing

RE: [91] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 3-26-20, 6-18-20, 7-16-20, 8-20-20, 9-17-20, 11-19-20


Docket 91


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Scott Rosson Represented By

Michael D Kwasigroch

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:18-11626


Scott Rosson


Chapter 13


#53.00 Hearing

RE: [104] Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments and proof of service


Docket 104


Tentative Ruling:

Can counsel explain the oddities in the signatures on papers? Docket no. 80 is very different from docket nos. 95 and 104 (and these signatures are identical -- they appear to have been copied and pasted.

Party Information

Debtor(s):

Scott Rosson Represented By

Michael D Kwasigroch

Movant(s):

Scott Rosson Represented By

Michael D Kwasigroch

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10517


Jose Suayan


Chapter 13


#54.00 CONT'D Hearing

RE: [84] Motion to Dismiss Case for Failure to Make Plan Payments F Rojas (TR) (Rojas (TR), Elizabeth (ND))


FR. 9-17-20, 10-22-20, 11-19-20


Docket 84

*** VACATED *** REASON: Motion was withdrawn by trustee on 11/30/20.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Jose Suayan Represented By

Roy M Holland

Movant(s):

Elizabeth (ND) F Rojas (TR) Pro Se

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:19-10517


Jose Suayan


Chapter 13


#55.00 HearingRE: [109] Application for Compensation for Jose Suayan, Debtor's Attorney, Period: 6/12/2020 to 10/19/2020, Fee: $2500.00, Expenses: $41.75.


Docket 109


Tentative Ruling:

This is a refiled application after counsel's first application was denied without prejudice due to several defects.


Counsel seeks fees of $2,500 for "additional services" and related expenses of $41.75.


There is no invoice attached to the application. Rather, counsel and his legal secretary each filed a declaration. Mr. Holland's declaration states that he expended 2.5 hours "reviewing this case and the various pleadings associated with filing the objection to the Trustee's request for an order to dismiss."


This description is still difficult to parse -- what is "reviewing this case," and is that a RARA "basic service" or an "additional service?" Taking the most generous view to Mr. Holland, that all of that 2.5 hours is time spent responding to a trustee's motion to dismiss, at his billing rate, that would support his request for $1,000 in additional fees.


The declaration of legal secretary Kimberly Dempsey, who Mr. Holland proposes to bill time for at the rate of $150/hour, is more problematic. She testifies that she worked 10 hours, but most of the tasks she lists would plainly be "basic services" under the RARA (see Docket No. 109, ECF p. 8, paragraph 2). The court is unable, based on this declaration, to quantify a specific amount of time that would be compensable as "additional services" under the RARA.


The application was not served on the debtor. The application was also not noticed when filed on 10/19/20. More than a month later, on 11/24/20, Mr. Holland filed a notice of motion. The notice, attaching the application, was

10:30 AM

CONT...


Jose Suayan


Chapter 13

served on the debtor. An unneeded judge's copy was sent by overnight mail to chambers. Counsel seeks reimbursement for overnight mail of the judge's copy. Even if the judge's copy were required, counsel did not need to incur the expense of overnight mail.


Amended declarations of Mr. Holland and Ms. Dempsey were filed on on 10/23/20, but they do not remedy the problems discussed above.


Why wasn't the application served on the debtor?

Party Information

Debtor(s):

Jose Suayan Represented By

Roy M Holland

Movant(s):

Jose Suayan Represented By

Roy M Holland Roy M Holland Roy M Holland Roy M Holland Roy M Holland

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-10128


Theresa Joan VanWagner


Chapter 13


#56.00 CONT'D Hearing

RE: [45] Motion under Local Bankruptcy Rule 3015-1 (n) and (w) to modify plan or suspend plan payments


FR. 10-22-20


Docket 45


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Theresa Joan VanWagner Represented By Linda S Blonsley

Movant(s):

Theresa Joan VanWagner Represented By Linda S Blonsley Linda S Blonsley

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:14-10906


Michael Rourke


Chapter 13


#57.00 CONT'D Hearing on [95]

Declaration re: Michael Rourke in Support of Order Regarding Partial Avoidance of First Deed of Trust and Avoidance of Junior Lien Pursuant to Chapter 13 Plan Filed by Debtor Michael Rourke. (Taus, Vaughn)


FR. 10-22-20


Docket 95

*** VACATED *** REASON: Continued to January 21, 2021, at 11:00 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Michael Rourke Represented By Vaughn C Taus

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:15-11570


Steven McManus and Wendy McManus


Chapter 13


#58.00 Declaration re: Debtor's Moion to avoid junior lien on principal residence Filed by Debtor Steven McManus, Joint Debtor Wendy McManus (RE: related document(s)14 Motion for Setting Property Value withper Section 506(a); Notice and Proof of Service). (Attachments: # 1 Exhibit A) (Berneman, Nathan)


Docket 113


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Steven McManus Represented By Nathan Berneman Nathan A Berneman

Joint Debtor(s):

Wendy McManus Represented By Nathan Berneman Nathan A Berneman

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

10:30 AM

9:17-12195


Blanca Estela Bernal


Chapter 13


#59.00 CONT'D Hearing

RE: [104] Motion Corrected Notice of Motion and Motion for Judgment Voiding Lien and for Lien Release; Declaration of Counsel in Support (Farsad, Arasto)


FR. 10-22-20


Docket 104


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Blanca Estela Bernal Represented By Arasto Farsad

Movant(s):

Blanca Estela Bernal Represented By Arasto Farsad

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9: - Chapter


#0.00 All hearings on this calendar will be conducted remotely, using ZoomGov video and audio.

Parties in interest and members of the public may connect to the video and audio feeds, free of charge, using the connection information provided below.

Individuals may participate by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone or Android phone). Individuals may opt to participate by audio only using a telephone (standard telephone charges may apply).

Neither a Zoom nor a ZoomGov account is necessary to participate and no pre- registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitutes its official record.

Video/audio web address: https://cacb.zoomgov.com/j/1602063699

ZoomGov meeting number: 160 206 3699

Password: 025549

Telephone conference lines: 1 (669) 254 5252 or 1 (646) 828 7666

For more information on appearing before Judge Saltzman by ZoomGov, please see the information entitled "Tips for a Successful ZoomGov Court Experience" on the Court's website at: https://www.cacb.uscourts.gov/judges/honorable-deborah-j-saltzman under the tab "Telephonic Instructions."


Docket 0


Tentative Ruling:

- NONE LISTED -

11:30 AM

9:15-11457


Nancy Ann Graham


Chapter 13


#1.00 CONT'D Hearing

RE: [43] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1712 SHADY BROOK DR, THOUSAND OAKS, CA 91362 . (Ferry, Sean)


FR. 10-27-20, 12-1-20


Docket 43

*** VACATED *** REASON: Stipulated Adequeate Protection Order was Entered on 12/2/20.

Tentative Ruling:

Have the parties agreed on an APO?

Party Information

Debtor(s):

Nancy Ann Graham Represented By Gregory M Shanfeld

Movant(s):

DEUTSCHE BANK NATIONAL Represented By

Sean C Ferry Eric P Enciso

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11091


Telby Beltran


Chapter 13


#2.00 CONT'D Hearing

RE: [66] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 4741 Avalon Ave Santa Barbara, CA 93110 . (Martinez, Kirsten)


FR. 11-17-20


Docket 66

*** VACATED *** REASON: Order entered on 12-16-20.

Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


THIS ORDER CONSTITUTES AN ORDER GRANTING RELIEF FROM A STAY OF FORECLOSURE WITHIN THE MEANING OF CAL. CIV. CODE § 2920.5(c)(2)(C).

Party Information

Debtor(s):

Telby Beltran Represented By

11:30 AM

CONT...


Movant(s):


Telby Beltran


Susan Salehi


Chapter 13

HSBC Bank USA, National Represented By Kirsten Martinez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11142


Pablo Javier Pesantez and Catalina Pesantez


Chapter 13


#3.00 CONT'D Hearing

RE: [60] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2018 Volkswagen Tiguan . (Martinez, Kirsten)


FR. 11-17-20


Docket 60

*** VACATED *** REASON: Order entered on 12-16-20.

Tentative Ruling:

Is the account current? What is the status of APO discussions?

Party Information

Debtor(s):

Pablo Javier Pesantez Represented By

Raj T Wadhwani

Joint Debtor(s):

Catalina Pesantez Represented By

Raj T Wadhwani

Movant(s):

VW Credit Leasing, LTD Represented By Kirsten Martinez

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11226


Adriana Elizabeth Velazquez


Chapter 13


#3.10 CONT'D Hearing

RE: [44] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1734 Gillespie Street / 835 West Islay Street, Santa Barbara, California 93101 with Proof of Service.


FR. 5-18-20, 6-16-20, 10-27-20, 12-1-20


Docket 44

*** VACATED *** REASON: Stipulated Adequeate Protection Order was Entered on 12/2/20.

Tentative Ruling:

Have the parties agreed on an APO?

Party Information

Debtor(s):

Adriana Elizabeth Velazquez Represented By Reed H Olmstead

Movant(s):

DEUTSCHE BANK NATIONAL Represented By

Erin Elam Jenelle C Arnold

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:18-11576


Marjorie Johnson


Chapter 13


#4.00 HearingRE: [57] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: post-petition debt collection.


Docket 57


Tentative Ruling:

None of the exhibits to the Motion are authenticated or even identified by the declaration. Accordingly, the Motion lacks evidence as to, among other things, the underlying debt that the Movant seeks to enforce through a collection action and eventual enforcement of a judgment. The court has no basis to grant the motion with no evidence.


Continue to allow the movant to submit admissible evidence.


The court has available hearing dates on 1/6, 1/13, 1/20, and 1/27. Supplemental declaration(s) must be filed at least one week before the continued hearing.

Party Information

Debtor(s):

Marjorie Johnson Represented By Vaughn C Taus

Movant(s):

Jordano's Inc. Represented By

Felicita A Torres

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-10647


Carolyn Sue Curtis


Chapter 13


#5.00 HearingRE: [45] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2016 Toyota Camry . (Martinez, Kirsten)


Docket 45


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


GRANT under 11 U.S.C. § 362(d)(1).

GRANT as binding despite conversion. GRANT waiver of FRBP 4001(a)(3) stay.


MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Carolyn Sue Curtis Represented By Julie J Villalobos

Movant(s):

TOYOTA MOTOR CREDIT Represented By Kirsten Martinez

11:30 AM

CONT...

Trustee(s):


Carolyn Sue Curtis


Chapter 13

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:20-11265


Brian Lee Fox


Chapter 13


#6.00 CONT'D Hearing

RE: [9] Notice of Motion and Motion in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay as the Court Deems Appropriate 251 Palomares Avenue, Ventura, CA 93003 .


FR. 11-17-20


Docket 9


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Brian Lee Fox Represented By Reed H Olmstead

Movant(s):

Brian Lee Fox Represented By Reed H Olmstead

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-11832


Gabriel C. Estrada


Chapter 7


#7.00 HearingRE: [61] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 934 East Sunflower Court, Santa Maria, California 93455-2157 . (Ferry, Sean)


Docket 61


Tentative Ruling:

Have the movant and debtor discussed a resolution?

Party Information

Debtor(s):

Gabriel C. Estrada Represented By Nathan Berneman Nathan A Berneman

Movant(s):

U.S. Bank National Association Represented By Sean C Ferry

Trustee(s):

Jeremy W. Faith (TR) Pro Se

11:30 AM

9:20-10898


Corrie M Ratzat and Jacob S Ratzat


Chapter 7


#8.00 CONT'D Hearing

RE: [26] and [28] Motion and Amended Motion for Relief from Stay (Personal Property), Filed by Mountain America Credit Union .


FR. 11-17-20, 12-9-20


Docket 26


Tentative Ruling:

No tentative ruling. This is a FINAL RULING. This motion was set for hearing in accordance with Local Bankruptcy Rule (“LBR”) 9013-1(d). The failure of any party to file written opposition at least 14 days prior to the hearing pursuant to LBR 9013-1(f) is deemed consent to the granting of the motion. LBR 9013-1(h); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995).

Further, because the court is granting the relief that the moving party requested and for which a prima facie case has been established, an actual hearing is not necessary. Boone v. Burk (In re Eliapo), 468 F.3d 592, 602 (9th Cir. 2006). Their defaults are entered and the court will resolve the matter without oral argument. LBR 9013-1(j)(3). NO APPEARANCE IS NECESSARY.


As to Debtors:

DENY as moot; discharge was entered.


As to Estate:

GRANT under 11 U.S.C. § 362(d)(1).

GRANT waiver of FRBP 4001(a)(3) stay. MOVANT TO LODGE ORDER WITHIN 7 DAYS.


Party Information

Debtor(s):

Corrie M Ratzat Represented By

11:30 AM

CONT...


Corrie M Ratzat and Jacob S Ratzat


Richard E Rossi


Chapter 7

Joint Debtor(s):

Jacob S Ratzat Represented By Richard E Rossi

Movant(s):

Mountain America Credit Union Represented By

Jeffrey A Clark

Trustee(s):

Sandra McBeth (TR) Pro Se

11:30 AM

9:19-10449


Farshad Fasihi Harandi


Chapter 7


#9.00 Hearing

RE: [289] Motion to Sell Property of the Estate Free and Clear of Liens under Section 363(f) Motion To: (1) Approve Sale Of Real Property Free And Clear Of All Liens, Interests, Claims, And Encumbrances With Such Liens, Interests, Claims, And Encumbrances To Attach To Proceeds Pursuant To 11 U.S.C. §§ 363(b), (f) And (i); (2) Approve Overbid Procedures; And (3) Determine That Buyer Is Entitled To Protection Pursuant To 11 U.S.C. § 363(m); Declarations Of David Seror, Lisa Saver And William Friedman In Support Thereof. (Terzian, Tamar)


Docket 289

*** VACATED *** REASON: Continued by stipulated order to 1/13/2021 at 11:30 am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Farshad Fasihi Harandi Represented By Amid Bahadori

Movant(s):

David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington Tamar Terzian

Trustee(s):

David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington Tamar Terzian

11:30 AM

9:19-10449


Farshad Fasihi Harandi


Chapter 7


#10.00 HearingRE: [291] Motion for Turnover of Property Motion For Turnover Of Debtor's Real Property And Turnover Of Post-Petition Rent Payments; Memorandum Of Points And Authorities And Declaration Of David Seror In Support Thereof (Terzian, Tamar)


Docket 291


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Farshad Fasihi Harandi Represented By Amid Bahadori

Movant(s):

David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington Tamar Terzian

Trustee(s):

David Seror (TR) Represented By Jessica L Bagdanov Jessica Wellington Tamar Terzian

11:30 AM

9:20-11224


Nikisha Lata Johnson


Chapter 7


#11.00 ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PAY FILING FEE BY INSTALLMENTS AS ORDERED BY COURT


Docket 13

Tentative Ruling:

The debtor has not filed a response. Dismiss case unless filing fee is paid by the hearing.

Party Information

Debtor(s):

Nikisha Lata Johnson Pro Se

Trustee(s):

Jerry Namba (TR) Pro Se

11:30 AM

9:20-10622


Brigham G. Field


Chapter 11


#12.00 Motion RE: Objection to Claim Number 6 by Claimant Commonwealth Land Title Insurance Company. Notice of Motion and Motion Objecting to Claim No. 6-2 filed by Commonwealth Land Title Company; Memorandum of Points and Authorities; with Proof of Service [ Hrg. 12-21-2020 at 11:30 a.m.] Filed by Debtor Brigham G. Field (Haes, Chad)


Docket 171

*** VACATED *** REASON: Withdrawal of motion filed 12-11-2020.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Brigham G. Field Represented By

D Edward Hays Tinho Mang David Wood Chad V Haes

Movant(s):

Brigham G. Field Represented By

D Edward Hays D Edward Hays D Edward Hays Tinho Mang Tinho Mang Tinho Mang David Wood David Wood David Wood Chad V Haes Chad V Haes Chad V Haes

11:30 AM

9:20-10622


Brigham G. Field


Chapter 11


#13.00 Motion RE: Objection to Claim Number 14 by Claimant Genova Capital, Inc..

Notice of Motion and Motion Objecting to Claim No. 14-1 Filed by Genova Capital, Inc.; Memorandum of Points and Authorities; Declaration of Brigham G. Field in Support; with Proof of Service [Hrg. 12-21-2020 at 11:30 a.m.] Filed by Debtor Brigham G. Field (Attachments: # 1 Part 2 # 2 Part 3) (Haes, Chad)


Docket 174

*** VACATED *** REASON: Stipulated order entered on 12-9-20. Hearing continued to February 3, 2021 at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Brigham G. Field Represented By

D Edward Hays Tinho Mang David Wood Chad V Haes

Movant(s):

Brigham G. Field Represented By

D Edward Hays D Edward Hays D Edward Hays Tinho Mang Tinho Mang Tinho Mang David Wood David Wood David Wood Chad V Haes Chad V Haes Chad V Haes

11:30 AM

CONT...


Brigham G. Field


Chapter 11

11:30 AM

9:20-10622


Brigham G. Field


Chapter 11


#14.00 Motion RE: Objection to Claim Number 17 by Claimant Warmblood, Inc.. Notice of Motion and Motion for Order to Disallow Claim No. 17 Filed by Warmblood, Inc.; Memorandum of Points and Authorities; Declaration of Brigham Field in Support; with Proof of service [Hrg. 12-21-2020 at 11:30 a.m.] Filed by Debtor Brigham G. Field (Haes, Chad)


Docket 173

*** VACATED *** REASON: Stipulated order entered on 12-9-20. Hearing continued to February 3, 2021 at 11:30am.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Brigham G. Field Represented By

D Edward Hays Tinho Mang David Wood Chad V Haes

Movant(s):

Brigham G. Field Represented By

D Edward Hays D Edward Hays D Edward Hays Tinho Mang Tinho Mang Tinho Mang David Wood David Wood David Wood Chad V Haes Chad V Haes Chad V Haes

11:30 AM

CONT...


Brigham G. Field


Chapter 11

11:30 AM

9:20-11072


Valley Farm Supply, Inc.


Chapter 11


#15.00 CONT'D Hearing

RE: [50] Application for Compensation Objection to Notice of Setting/Increasing Insider Compensation and Request for Hearing.


FR. 11-17-20


Docket 50


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Valley Farm Supply, Inc. Represented By William C Beall Carissa N Horowitz

Movant(s):

Nutrien Ag c/o Steven Stoker Esq. Represented By

Steven R Stoker

11:30 AM

9:19-10846


Advanced Media Networks, LLC


Chapter 11


#16.00 CONT'D Debtor's Disclosure Statement [100] and [102] Motion for Approval of Chapter 11 Disclosure Statement, Filed by Debtor Advanced Media Networks, LLC. (Steinberg, Peter)


FR. 11-17-20


Docket 100


Tentative Ruling:

- NONE LISTED -


Debtor(s):


Party Information

Advanced Media Networks, LLC Represented By

Peter T Steinberg

11:30 AM

9:17-11684


Luis D. Martinez


Chapter 11


#17.00 CONT'D Amended Disclosure Statement (Third Amended) with Proof of Service Thereof Filed by Debtor Luis D. Martinez (RE: related document(s)104 Disclosure Statement First Amended and Proof of service Filed by Debtor Luis

D. Martinez.). (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D # 5 Exhibit E # 6 Exhibit F # 7 Exhibit G # 8 Exhibit H # 9 Proof of Service) (Bensamochan, Eric)


FR.9-22-20


Docket 231

*** VACATED *** REASON: Continued to January 6, 2021 at 11:30 a.m.

Tentative Ruling:

Over the long history of this case (not to mention the prior case), the explanations of what is going on with the Carpinteria Property have always been perplexing. At the outset of this case, the Debtor claimed to be renting it to an unrelated woman paying $6,800, who also happened to pay his counsel’s retainer. Later, he claimed that the rent was only $6,000. It also came to light that the Debtor claimed that he and his family lived there, which seemed improbable if a stranger was paying $6,000 to live in a single-family residence. The Debtor later claimed to have moved, but he never said to where he moved, and he never changed his address. The Debtor now describes the Carpinteria Property as his primary residence. He also claims to be renting it out via www.ef.edu, which he does not explain, but appears to be a student foreign exchange program. He claims he is renting to a "bevy" of students and non-students.


The vague documents attached to the disclosure statement suggest that he has nine tenants living in the Carpinteria Property with his family.

Including his wife and daughter (whose attached paystubs list the property as their address), that would mean twelve people are living in the Carpinteria Property, a 2,000 square foot single-family residence. It could be true, but there is no evidence to support it or whether this is permissible under local law, and the court (and anyone reading the Disclosure Statement) would question how the Debtor generates income and uses the Carpinteria Property.

11:30 AM

CONT...


Luis D. Martinez


Chapter 11

The Debtor also claims that documents attached to the third amended disclosure statement (the "Disclosure Statement," Docket No. 230) support sufficient income to fund his plan. Exhibt A are an assortment of Uber driving tax summaries and Meals on Wheels invoices that he does not total, but that the court calculates as showing a total of $10,474.12 (just a little more than one monthly payment of the regular amount due plus postpetition arrears payment on the Carpinteria Property).

Exhibit B are "contribution declarations" from the Debtor’s wife, daughter, and son as to monthly support of $1,200, $700, and $500 per month, respectively. None of these declarations include a commitment to maintain the support for the full term of the plan. According to Sabrina Martinez’s attached paystubs, she takes home about $900 every two weeks, so a contribution of $1,200/month is well over half of her take-home income. For Jessica Martinez, a contribution of $700/month appears to be about a quarter of her monthly take-home pay – though the information provided is for a very limited amount of time, so the court does not know if her income is regular and stable. For Jason Martinez, $500 appears to be almost half of his take-home pay.


The Debtor claims that he makes additional income renting rooms in the Carpinteria Property (which is supposedly a 4-bedroom house in which the Debtor and other members of his family live, but which the documents appear to show housed up to an additional nine tenants). He rented to students, but admits that students stopped renting due to COVID-19. He says now that he rents rooms to non-students and has "essentially replaced" the income, but all he provides as evidence is pre-COVID evidence regarding rental to students.

In support of his last plan, the Debtor also claimed he would have a massive increase in future income purportedly based on his work as a real estate broker. He offered what was supposedly evidence of expected future commissions. He still lists "estimated earnings" with "pipeline clients," but offers no evidence of actual income or what the basis for the "potential commissions" are.


The Debtor’s projected cash flow (Exhibit H) has some glaring issues:

11:30 AM

CONT...


Luis D. Martinez


Chapter 11


Perhaps most glaring is the fact that the court is unable to find any clear information in the Disclosure Statement as to what the Debtor’s payments will be under his plan. The cash flow statement doesn’t reflect any payments to creditors other than ongoing mortgage payments.


The Plan and Disclosure Statement are confusing as to the treatment of the first trust deed claim on the Carpinteria Property. The APO calls for payments of $3,000/month toward postpetition arrears until a plan is confirmed, and it appears the Debtor has just duplicated that language into his plan. Does that mean that he proposes to continue paying $3,000/month after the term of the APO under the Plan?


As to the rental income for the Oxnard and Lompoc Properties and possible unexpired leases the Debtor has never provided any information as

11:30 AM

CONT...


Luis D. Martinez


Chapter 11

to the various tenants of his properties or the terms of their tenancy. Counsel included boilerplate information about executory contracts and unexpired leases in the Plan and Disclosure Statement, but the Debtor does not specify any leases, and it does not appear that any tenant has ever been served in this case.


The Debtor scheduled, and includes in his liquidation analysis, vacant land in Pine Mountain Club. This land is the basis for the Class 4 secured HOA claim. The Plan provides for payment of the claim, but does not provide for ongoing HOA dues payments, and the Disclosure Statement does not include such payments in his cash flow statement.


There is no information in the Disclosure Statement from which the court can tell how the Debtor will pay his counsel’s estimated $20,000 in fees.


The court cannot approve this document.


Party Information

Debtor(s):

Luis D. Martinez Represented By

Eric Bensamochan

11:30 AM

9:17-10918


Jonathan David Startz


Chapter 11


#18.00 CONT'D Hearing

RE: [279] U.S. Trustee Motion to dismiss or convert Notice Of Motion And Motion Under 11 U.S.C. § 1112(b) To Dismiss Or Convert Case; Declaration Of Alfred Cooper III . (Fittipaldi, Brian)


FR. 8-10-20, 9-14-20, 10-27-20, 12-1-20


Docket 279


Tentative Ruling:

It doesn't appear that this case is ready for confirmation, again.

Does the U.S. Trustee intend to prosecute the motion to dismiss today?

Party Information

Debtor(s):

Jonathan David Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

Movant(s):

United States Trustee (ND) Represented By Brian D Fittipaldi

11:30 AM

9:17-10918


Jonathan David Startz


Chapter 11


#19.00 CONT'D Confirmation Hearing

RE: [174] Amended Chapter 11 Plan (FIRST AMENDED), with Proof of Service 149 Chapter 11 Plan of Reorganization , with Proof of Service . (Moradi-Brovia, Roksana)


FR. 10-2-18, 11-13-18, 12-18-18, 1-15-19, 2-5-19,

FR. 3-11-19 (STATUS CONFERENCE/HOLDING DATE), FR. 5-14-19, 7-3-19, 9-26-19, 12-17-19, 3-3-20, 3-24-20,

FR. 6-1-20, 7-13-20, 9-14-20, 10-27-20, 12-1-20


Docket 174


Tentative Ruling:

It doesn't appear that this case is ready for confirmation, again. MORs have not been filed as of 12/18/20 at 12:09 p.m.

Does the U.S. Trustee intend to prosecute the motion to dismiss today?

Party Information

Debtor(s):

Jonathan David Startz Represented By Matthew D. Resnik

Roksana D. Moradi-Brovia

11:30 AM

9:18-12087


Green Pharmaceuticals, Inc.


Chapter 11


#20.00 CONT'D Chapter 11 Status Conference


FR. 7-21-20, 9-22-20


Docket 1

Tentative Ruling:

Is the Debtor looking for another continuance? Please have some dates in mind.

Party Information

Debtor(s):

Green Pharmaceuticals, Inc. Represented By Steven R Fox

W. Sloan Youkstetter Janis G Abrams

11:30 AM

9:18-11626

Scott Rosson

Chapter 13

Adv#: 9:19-01005 Rosson v. CITIMORTGAGE, INC et al


#21.00 CONT'D. Status Hearing

RE: [40] Adversary case 9:19-ap-01005. Amended Complaint by Scott Rosson against CITIMORTGAGE, INC, Cenlar FSB. (Charge To Estate). and summons and B104 cover sheet Nature of Suit: (91 (Declaratory judgment)),(21 (Validity, priority or extent of lien or other interest in property)) (Kwasigroch, Michael)


FR. 4-29-19, 6-5-19, 6-21-19, 9-18-19, 12-6-19, 12-18-19, 3-25-20, 7-21-20,

10-14-20


Docket 40

*** VACATED *** REASON: Continued to February 17, 2021, at 11:30 a.m.

Tentative Ruling:

Ruling for 3/25/20: Continued to 7/15/20 at 2:30 p.m. No updated status report needed.


March 25, 2020

Telephonic Hearing Only. CourtCall, the Court’s telephonic provider, has amended pricing for its services and is offering discounted rates to attorneys through April 30 and FREE access for parties who do not have an attorney (pro se parties). Telephonic appearances may be arranged by contacting CourtCall at (888) 88-COURT

(866-582-6878). Additional details are available by visiting their website: https://courtcall.com.


Ruling for December 18, 2019

The Court will conduct a status conference on March 25, 2020 at 2:30 p.m.


Ruling for 9/18/19: Continued to 12/6/19 at 1:30 p.m. Plaintiff to lodge the scheduling order. New status report is not required.


Ruling for 6/21/19: Continued to 9/18/19 at 1:30 p.m.

11:30 AM

CONT...


Scott Rosson


Chapter 13

Ruling for June 5, 2019

The hearing is continued to June 21, 2019 at 2:30 p.m. No new status report is required.

Party Information

Debtor(s):

Scott Rosson Represented By

Michael D Kwasigroch

Defendant(s):

CITIMORTGAGE, INC Represented By Eddie R Jimenez Jillian A Benbow

Cenlar FSB Represented By

Eddie R Jimenez Jillian A Benbow

Plaintiff(s):

Scott Rosson Represented By

Michael D Kwasigroch

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

11:30 AM

9:19-10047


Kipley James Lytel


Chapter 7

Adv#: 9:19-01014 Williams v. Lytel


#22.00 CONT'D Status Hearing

RE: [25] Amended Complaint with proof of service by William C Beall on behalf of Oscar Williams against Kipley James Lytel. (RE: related document(s)1 Adversary case 9:19-ap-01014. Complaint by Oscar Williams, Kipley James Lytel against Kipley James Lytel. (Beall, William)


FR. 12-5-19, 2-18-20, 5-5-20, 6-16-20, 10-13-20


Docket 25

*** VACATED *** REASON: Continued to February 24, 2021 at 11:30 a.m.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Kipley James Lytel Represented By Matthew D. Resnik

M. Jonathan Hayes

Defendant(s):

Kipley James Lytel Represented By

M. Jonathan Hayes

Plaintiff(s):

Oscar Williams Represented By William C Beall

Trustee(s):

Jeremy W. Faith (TR) Represented By Noreen A Madoyan

11:30 AM

9:20-10242


Anita Louise Laux


Chapter 7

Adv#: 9:20-01038 McBeth v. Sanchez, Jr.


#23.00 CONT'D Status Hearing

RE: [1] Adversary case 9:20-ap-01038. Complaint by Sandra K. McBeth against Manuel Sanchez Jr.. (Charge To Estate). Nature of Suit: (13 (Recovery of money/property - 548 fraudulent transfer)),(12 (Recovery of money/property - 547 preference)) (Beall, William)


FR. 9-22-20


Docket 1

*** VACATED *** REASON: Stipulation entered on 12-15-20, adversary dismissed.

Tentative Ruling:

- NONE LISTED -

Party Information

Debtor(s):

Anita Louise Laux Pro Se

Defendant(s):

Manuel Sanchez Jr. Pro Se

Plaintiff(s):

Sandra K. McBeth Represented By William C Beall

Trustee(s):

Sandra McBeth (TR) Represented By William C Beall Carissa N Horowitz