United States Bankruptcy Court Central District of...

United States Bankruptcy CourtCentral District of California

Judge Martin R. Barash, PresidingCourtroom 201 Calendar

Northern Division

Wednesday, October 16, 2019 201 Hearing Room

10:30 AMRussell Gerald Macaluso and Chandra Victoria Macaluso9:14-12260 Chapter 13

#1.00 CONTD HearingRE: [39] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 164 Flittner Circle, Thousand Oaks, CA 91360.

FR. 9-4-19, 9-18-19

39Docket *** VACATED *** REASON: Resolved by APO entered on 9/30/19.

Ruling for September 18, 2019: APO in the works. Continued to 10/16/19 at 10:30 a.m.

Ruling for September 4, 2019: Tentative vacated. Continued to 9/18/19 @ 10:30 a.m.

Tentative Ruling for September 4, 2019: Grant. No opposition filed; appearances waived. The moving party shall lodge an order no later than September 11, 2019.

Tentative Ruling:

Party Information

Debtor(s):

Russell Gerald Macaluso Represented ByJanet L Mertes

Joint Debtor(s):

Chandra Victoria Macaluso Represented ByJanet L Mertes

Movant(s):

Ventura County Credit Union Represented ByAnn G. LeeKarel G Rocha

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Northern Division


10:30 AMRussell Gerald Macaluso and Chandra Victoria MacalusoCONT... Chapter 13

Trustee(s):Elizabeth (ND) F Rojas (TR) Pro Se

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Northern Division


10:30 AMRichard Robles9:15-10122 Chapter 13

#2.00 CONTD HearingRE: [47] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 6059 Fiesta Street, Ventura, CA 93003.

FR. 9-18-19

47Docket

Ruling for 9/18/19: Continued to 10/16/19 at 10:30 a.m. Parties may supplement the record by 10/3/19. Any response due by 10/10/19.

Tentative Ruling:

Party Information

Debtor(s):

Richard Robles Represented ByDavid Joel Follin

Movant(s):

Ventura County Credit Union Represented ByJonathan J DamenKarel G Rocha

Trustee(s):

Elizabeth (ND) F Rojas (TR) Pro Se

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Northern Division


10:30 AMJose Santiago Murguia and Piedad Murguia9:17-10643 Chapter 13

#3.00 HearingRE: [35] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 311 South Oakglen Avenue, Nipomo, CA 93444 . (Castle, Caren)

35Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Jose Santiago Murguia Represented ByNicholas Nicholas Wajda

Joint Debtor(s):

Piedad Murguia Represented ByNicholas Nicholas Wajda

Movant(s):

The Bank of New York Mellon, f/k/a Represented ByDaniel K FujimotoCaren J Castle

Trustee(s):


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Northern Division


10:30 AMAlfred Tuttle and Linda Tuttle9:17-11043 Chapter 13

#4.00 CONTD HearingRE: [46] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7204 Impala Drive, Ventura, CA 93003-6819 . (Weifenbach, Diane)

FR. 9-18-19

46Docket

Ruling for 9/18/19: Continued to 10/16/19 at 10:30 a.m. The parties are ordered to meet and confer. The parties have until 10/3 to supplement the record, response due by 10/10/19.

Tentative Ruling:

Party Information

Debtor(s):

Alfred Tuttle Represented ByJanet A Lawson

Joint Debtor(s):

Linda Tuttle Represented ByJanet A Lawson

Movant(s):

U.S. Bank National Association as Represented ByAshish R RawatDane W ExnowskiDiane Weifenbach

Trustee(s):


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Northern Division


10:30 AMKathryn M Quist9:17-11102 Chapter 13

#5.00 CONTD HearingRE: [48] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 7944 Pearl St. Oxnard, CA 93004-4015 . (Weifenbach, Diane)

FR. 9-18-19

48Docket

Ruling for 9/18/19: Continued to 10/16/19 at 10:30 a.m. Parties working on APO. Movant to file and serve notice of hearing.

Tentative Ruling:

Party Information

Debtor(s):

Kathryn M Quist Represented ByAndrew S Mansfield

Movant(s):

U.S. Bank National Association as Represented ByAshish R RawatDiane Weifenbach

Trustee(s):


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Northern Division


10:30 AMDelia C Parga9:17-11118 Chapter 13

#6.00 CONTD. HearingRE: [51] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 151 Bellafonte Court, Camarillo, CA 93012 . (Weifenbach, Diane)

FR. 8-16-19, 9-18-19

51Docket

Ruling for 9/18/19: Continued to 10/16/19 at 10:30 a.m. APO in the works.

Ruling for 8/16/19: Continued to 9/18/19 at 10:30 a..m.

Tentative Ruling for August 16, 2019Grant. No opposition filed; appearances waived. The moving party shall lodge a

conforming order no later than August 23, 2019.

Tentative Ruling:

Party Information

Debtor(s):

Delia C Parga Represented ByAndrew S Mansfield

Movant(s):

U.S. Bank National Association as Represented ByAshish R RawatDiane Weifenbach

Trustee(s):


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Northern Division


10:30 AMSamuel Garcia9:17-11282 Chapter 13

#7.00 CONTD. HearingRE: [38] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3300 Madera Pl., Oxnard, CA 93033-5754 with Proof of Service. (Richey, Cassandra)

FR. 8-16-19, 9-18-19

38Docket *** VACATED *** REASON: APO entered on 9/30/19.

Ruling for 9/18/19: Continued to 10/16/19 at 10:30 a.m.

Ruling for 8/16/19: Continued to 9/18/19 at 10:30 a.m. to see if the parties can work out an APO.

Tentative Ruling for August 16, 2019Grant. No opposition filed; appearances waived. The moving party shall lodge a

conforming order no later than August 23, 2019.

Tentative Ruling:

Party Information

Debtor(s):

Samuel Garcia Represented ByJonathan L Nielsen

Movant(s):

Wilmington Trust, National Represented ByCassandra J Richey

Trustee(s):


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Northern Division


10:30 AMArthur V. Schweidler9:17-11428 Chapter 13

#8.00 HearingRE: [36] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2981 Stadium Drive, Solvang, California 93463 with Proof of Service. (Jereza, Raymond)

36Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Arthur V. Schweidler Represented ByWilliam C Beall

Movant(s):

JPMorgan Chase Bank, National Represented ByRaymond Jereza

Trustee(s):


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Northern Division


10:30 AMDavid Alexander9:18-10401 Chapter 13

#9.00 HearingRE: [39] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 43 WALNUT LANE, GOLETA, CALIFORNIA 93117 with Proof of Service. (Loftis Pacheco, Erica)

39Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

David Alexander Represented BySusan Salehi

Movant(s):

MTGLQ Investors, L.P. Represented ByErica T Loftis Pacheco

Trustee(s):


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Northern Division


10:30 AMRene Orozco Carranco, SR and Heather Rene Carranco9:19-10495 Chapter 13

#10.00 HearingRE: [23] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 3624 Via Marina Avenue, Oxnard, California 93035 with Exhibits and Proof of Service. (Zahradka, Robert)

23Docket

Tentative Ruling for October 16, 2019

Grant (except for adequate protection, which is mooted by the other relief granted).

No opposition filed. Appearances waived. The moving party shall lodge a

conforming order no later than October 23, 2019.

Tentative Ruling:

Party Information

Debtor(s):

Rene Orozco Carranco SR Represented ByTom A Moore

Joint Debtor(s):

Heather Rene Carranco Represented ByTom A Moore

Movant(s):

U.S. Bank N.A., as trustee, on behalf Represented ByRobert P Zahradka

Trustee(s):


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Northern Division


10:30 AMJesus A. Arroyo9:19-10520 Chapter 13

#11.00 HearingRE: [47] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1065 Vaquero Cir, Unit 51, Oxnard, CA 93030 . (Marth, Angie)

47Docket *** VACATED *** REASON: Case was dismissed on 9/19/19.

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Jesus A. Arroyo Represented ByJoshua L Sternberg

Movant(s):

HSBC Bank USA, National Represented ByAngie M MarthRaymond Jereza

Trustee(s):


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Northern Division


10:30 AMEugene Chambers and Judy Chambers9:19-10796 Chapter 13

#12.00 HearingRE: [21] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 952 Player Lane, Paso Robles, CA 93446 . (Marth, Angie)

21Docket *** VACATED *** REASON: Stipulated Adequate Protection Order was Entered on 10/15/19.

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Eugene Chambers Represented ByVaughn C Taus

Joint Debtor(s):

Judy Chambers Represented ByVaughn C Taus

Movant(s):

Nationstar Mortgage LLC D/B/A Represented ByAngie M Marth

Trustee(s):


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Northern Division


10:30 AMJeffrey S Graff9:19-10838 Chapter 13

#13.00 CONT'D HearingRE: [47] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Pursue Colorado State Court Action in Las Animas County District Court In re Cloud Mountain Mountain, LLC, et. al. v. Trinidad Leaf, LLC, et. al. 2016CV30028 .

FR. 9-18-19

47Docket *** VACATED *** REASON: Stipulated Order was entered on 10/1/19.

Ruling for 9/18/19: Continued to 10/16/19 at 10:30 a.m.

Tentative Ruling for September 18, 2019Appearances required to discuss the terms of the parties' Stipulation Resolving Motion for Relief from Stay. Telephonic appearances are permitted.

Tentative Ruling:

Party Information

Debtor(s):

Jeffrey S Graff Represented ByJeffrey S Graff

Movant(s):

Tony & Linda Thompson Represented ByRoye ZurJonathan M Dickey

Trustee(s):


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Northern Division


10:30 AMSonngard Heisler9:19-10930 Chapter 13

#14.00 HearingRE: [22] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 1745 Los Feliz Dr., #10 Thousand Oaks, CA 91362 . (Attachments: # 1 Exhibit A # 2 Exhibit B) (Ferry, Sean)

22Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Sonngard Heisler Represented ByNathan A BernemanAli R Nader

Movant(s):

Champion Mortgage Company Represented BySean C Ferry

Trustee(s):


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Northern Division


10:30 AMRobert Reich Vreeland9:19-11036 Chapter 13

#15.00 HearingRE: [30] Notice of motion and motion for relief from the automatic stay with supporting declarations REAL PROPERTY RE: 2721 Capella Way, Thousand Oaks, CA 91362 . (Weifenbach, Diane)

30Docket


Continue to November 6, 2019 at 10:30 am to permit moving party to correct service

defect. Denise Vreeland is listed as the borrower on the note and deed of trust, and

the property is shown as her sole and separate property. However, she was not served

with the motion. The moving party also should file and serve a notice of continued

hearing. If the moving party submits on the foregoing tentative ruling, its appearance

on October 16 is excused.

Tentative Ruling:

Party Information

Debtor(s):

Robert Reich Vreeland Represented ByNathan A Berneman

Movant(s):

U.S. Bank, National Association as Represented ByDiane Weifenbach

Trustee(s):


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Northern Division


10:30 AMRobert B. Haight9:19-11087 Chapter 13

#16.00 HearingRE: [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

20Docket *** VACATED *** REASON: Continued by stipulated order to 12/4/2019 at 10:30 AM.

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Robert B. Haight Represented ByNicholas S Nassif

Movant(s):

DJ Development,LLC Represented ByAbel Ortiz

Trustee(s):


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Northern Division


10:30 AMToi Fitzgerald Cook9:19-11214 Chapter 13

#17.00 CONTD' HearingRE: [17] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 2223 Kelmscott Court, Westlake Village, CA 91361 with proof of service.

FR. 9-18-19

17Docket *** VACATED *** REASON: Withdrawal of motion filed on 9-30-19.

Ruling for 9/18/19: Continued to 10/16/19 at 10:30 a.m. Movant should give notice of continued hearing to debtor and debtor's counsel by mail. Movant should also file evidence that the void UD action has been dismissed. Also, there should be evidence of which came first: the three day notice or the petition filing. There is a basis to grant relief but these issues must be resolved.

Tentative Ruling:

Party Information

Debtor(s):

Toi Fitzgerald Cook Represented ByWilliam C BeallCarissa N Horowitz

Movant(s):

Carly Lavender Represented ByBrian Nomi

Trustee(s):


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Northern Division


10:30 AMToi Fitzgerald Cook9:19-11214 Chapter 13

#18.00 HearingRE: [24] Notice of motion and motion for relief from the automatic stay with supporting declarations UNLAWFUL DETAINER RE: 2223 Kelmscott Court, Westlake Village, CA 91361 with proof of service.

FR. 10-2-19

24Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Toi Fitzgerald Cook Represented ByWilliam C BeallCarissa N Horowitz

Movant(s):

Carly Lavender Represented ByBrian Nomi

Trustee(s):


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Northern Division


10:30 AMMichael Wayne McDonald and Suzanne Marie McDonald9:19-11644 Chapter 13

#18.10 HearingRE: [6] Amended Motion (related document(s): 3 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 of the estate . filed by Debtor Michael Wayne McDonald, Joint Debtor Suzanne Marie McDonald)

6Docket

Tentative Ruling:

Party Information

Debtor(s):

Michael Wayne McDonald Represented ByReed H Olmstead

Joint Debtor(s):

Suzanne Marie McDonald Represented ByReed H Olmstead

Trustee(s):


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Northern Division


10:30 AMMarcos Cruz Moreno and Rhonda Elaine Moreno9:19-11243 Chapter 7

#19.00 HearingRE: [11] Notice of motion and motion for relief from the automatic stay with supporting declarations PERSONAL PROPERTY RE: 2017 Hyundai Tucson, VIN: KM8J33A46HU459290 . (Wang, Jennifer)

11Docket


Grant (except adequate protection which is mooted by the other relief granted). No

opposition filed. Appearances waived. The moving party shall lodge a conforming

order no later than October 23, 2019.

Tentative Ruling:

Party Information

Debtor(s):

Marcos Cruz Moreno Represented ByReed H Olmstead

Joint Debtor(s):

Rhonda Elaine Moreno Represented ByReed H Olmstead

Movant(s):

Kinecta Federal Credit Union Represented ByJennifer H Wang

Trustee(s):

Sandra McBeth (TR) Pro Se

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Northern Division


10:30 AMHilda P Sanchez9:19-11457 Chapter 7

#20.00 HearingRE: [17] Notice of motion and motion for relief from automatic stay with supporting declarations ACTION IN NON-BANKRUPTCY FORUM RE: Santa Barbara Superior Court Case No.: 18CV02101 (Barrett Dafin Frappier Treder & Weiss, LLP vs Hilda P Sanchez et al.) .

17Docket

Tentative Ruling for October 16, 2019Continued to December 4, 2019 at 11:30 a.m. to be heard concurrently with

the Objection to Debtor’s Claim of Exemptions in Foreclosure Surplus Proceeds (the "Objection to Exemption") filed by Emily Rodriguez as Successor to Deceased Creditor Josefina Rodriguez ("Rodriguez"). After a review of the papers filed in connection with this Motion and a review of the Objection to Exemption, it appears both motions involve the same material issue: Whether the Debtor may claim an exemption in the surplus proceeds from a pre-petition nonjudicial foreclosure of her real property and, if so, whether she may avoid the Rodriguez judgment lien encumbering the surplus proceeds (the "Surplus Proceeds") pursuant to section 522(f).

"[T]he nature and extent of exemptions is determined as of the date that the bankruptcy petition is filed." In re Chiu, 266 B.R. 743, 751 (B.A.P. 9th Cir. 2001) aff’d 304 F.3d 905 (9th Cir. 2002). While federal law governs whether the Debtor may avoid the Rodriguez’ judgment lien, state law determines the extent of the Debtor’s interest (if any) in the Surplus Proceeds as of the August 28, 2019 Petition Date. Butner v. United States, 440 U.S. 48, 55 (1979). Generally, California law does not permit a homeowner to rely on the automatic homestead to exempt the proceeds from a nonjudicial foreclosure sale. Spencer v. Lowery, 235 Cal. App. 3d 1636 (1991); 12

Harry D. Miller & Marvin B. Starr, CALIFORNIA REAL ESTATE § 43:5 (4th ed.) ("When the sale of the homesteaded property results from the foreclosure of a deed of trust, the exemption does not attach to the surplus sales proceeds. A judgment creditor can execute on the surplus proceeds, and the debtor is not entitled to protection by the exemption"). However, a homeowner who records a declared homestead exemption before a judgment lien attaches to the property may claim the surplus proceeds from a

Tentative Ruling:

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Northern Division


10:30 AMHilda P SanchezCONT... Chapter 7

nonjudicial foreclosure as exempt. Smith v. James A. Merrill, Inc., 64 Cal. App. 4th

94 (1998). See also Title Trust Deed Serv. Co. v. Pearson, 132 Cal. App. 4th 168 (2005). Based on this record, and given the summary nature of a motion for relief from the automatic stay, the Court cannot determine whether the Debtor recorded a declared homestead and, if not, whether the Debtor had any interest in the Surplus Proceeds as of the Petition Date, as a matter of California law.

If the Debtor neither recorded a declared homestead nor had a property interest in the Surplus Proceeds as of the Petition Date, the Debtor must present legal authority permitting her to claim an exemption in property in which she holds no interest as of the Petition Date. The Debtor cites In re Chiu, 304 F.3d 905 (9th Cir. 2002) for the proposition that a debtor need not have an interest in property on the petition date to claim such property exempt. Opposition of Debtor to Motion for Relief from the Automatic Stay at 4 - 5. In Chiu, the Ninth Circuit addressed whether a debtor who no longer has an interest in property at the time he files his motion, may nevertheless utilize section 522(f) to avoid a judgment lien encumbering the property. In that case, the debtors owned their home on the petition date in 1995. In 1999, after their bankruptcy case was closed, the Chius sold their home and, in 2000, reopened their bankruptcy case seeking to avoid certain judgment liens under section 522(f) for impairing their homestead exemption. Chiu, 304 F.3d at 906-07. The Ninth Circuit affirmed, holding that "the debtor need not have an interest in the property at the time it moves to avoid." Chiu, 304 F.3d at 908. In support of its holding, the Ninth Circuit principally relied upon Farrey v. Sanderfoot, 500 U.S. 291 (1991) and In re Vincent, 260 B.R. 617 (Bankr. D. Conn. 2000) for the proposition that a debtor cannot avoid a lien under section 522(f) unless the debtor owned the property before the attachment of the judicial lien. Like the debtors in Chiu, the debtors in Farrey and Vincent owned the real properties in which they claimed an exemption on their respective petition dates. Farrey, 500 U.S. at 293; Vincent, 260 B.R. at 618. In Vincent, the debtor owned the home on the petition date in 1994 and sold the home in 1996 before bringing a motion to avoid a prepetition lien. Vincent, 260 B.R. at 618-19. In Farrey, the debtor Sanderfoot obtained his ownership interest in a marital residence via a prepetition divorce decree that simultaneously granted his ex-wife, Farrey, a lien on the marital residence. Thereafter, while still owning the residence, Sanderfoot filed his chapter 7 petition, declared a homestead exemption and moved to avoid Farrey’s prepetition lien on the residence. Id. at 293-94. Therefore, if the Debtor’s position is that she can claim Surplus Proceeds as exempt despite having no property interest in

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Northern Division



those proceeds as of the Petition Date, her reliance on Chiu is unavailing and additional legal authorities will be required.

Finally, Rodriguez’ Reply to Opposition to Motion for Relief from Stay argues that mandatory abstention applies and the Court therefore must grant Rodriguez’ Motion for Relief from Stay. Rodriguez never raised this argument in the Motion for Relief from Stay and Local Bankruptcy Rule 9013-1(g)(4) prohibits her from raising it for the first time in reply papers. Under 28 U.S.C. § 1334(c)(2) the first of the seven elements required for mandatory abstention is a timely motion for abstention. 28 U.S.C. § 1334(c)(2); In re Kold Kist Brands, Inc., 158 B.R. 175, 178 (C.D. Cal. 1993); In re GACN, Inc., 555 B.R. 684, 694 (B.A.P. 9th Cir. 2016). Rodriguez filed a motion for relief from stay and has not moved for abstention.

Based on the foregoing, if Rodriguez wishes, no later than November 13, 2019, she may file a motion asking the Court to abstain and set such motion for hearing on December 4, 2019 at 11:30 a.m. Opposition to such a motion and replies in support shall be governed by Local Bankruptcy Rule 9013-1(f) and (g).

Additionally, Debtor shall file and serve supplemental briefing addressing the issues identified above regarding whether she recorded a declared homestead exemption, the nature and extent of her interest in the Surplus Proceeds as of the Petition Date and (if applicable) legal authorities permitting a debtor to claim an exemption in property in which she has no interest on the petition date. Such supplemental brief shall be filed and served no later than November 20, 2019. Rodriguez shall file and serve any reply brief thereto no later than November 27, 2019.

Appearances waived for October 16, 2019.

Party Information

Debtor(s):

Hilda P Sanchez Represented ByA Mina Tran

Movant(s):

Emily Rodriguez Represented ByPaul R Burns

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Trustee(s):

Jeremy W. Faith (TR) Pro Se

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Northern Division


11:30 AMGregory Robert Myers and Mesesabel Myers9:18-10889 Chapter 7

#21.00 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))

47Docket


Approve fees and authorize payments. No opposition filed. Appearances waived.

The trustee shall lodge a conforming order no later than October 23, 2019.

Tentative Ruling:

Party Information

Debtor(s):

Gregory Robert Myers Represented ByMariano A Alvarez

Joint Debtor(s):

Mesesabel Myers Represented ByMariano A Alvarez

Trustee(s):

Jeremy W. Faith (TR) Pro Se

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Northern Division


11:30 AMSigifredo Ruiz Santos and Catalina Ruiz9:19-11198 Chapter 7

#22.00 HearingRE: [12] Motion AMENDED Notice Of Motion And Motion For Denial Of Discharge Pursuant To 11 U.S.C § 727(a)(8); Memorandum Of Points And Authorities; Declaration Of Joyce Hong (Fittipaldi, Brian)

12Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Sigifredo Ruiz Santos Represented ByMonica Robles

Joint Debtor(s):

Catalina Ruiz Represented ByMonica Robles

Movant(s):

United States Trustee (ND) Represented ByBrian D Fittipaldi

Trustee(s):

Jerry Namba (TR) Pro Se

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Northern Division


1:30 PMSteven Gregory Ow9:18-11786 Chapter 11

#23.00 CONT'D HearingRE: [75] Motion for Setting Property Value Notice of Motion and Motion for Order Determining Value of Collateral [11 U.S.C § 506(a), FRBP 3012] (10855 Presilla Road, Camarillo, CA 93012), with Proof of Service

FR. 9-18-19

75Docket

Ruling for October 16, 2019The Court has reviewed the parties' submissions. It appears that the parties do not agree on the value of the real property and that an evidentiary hearing is necessary.

Each party may file and serve a supplemental declaration of its expert witness critiquing the valuation testimony of the other party's expert witness. Any such declaration must be filed and served no later than November 15, 2019 at 4:00 pm Pacific Time.

The Court will hold that evidentiary hearing on December 16, 2019 at 10:00 a.m. Pacific Time. The declaration testimony of each witness shall constitute the direct testimony of such witness. Each party must produce its witnesses at the hearing for live cross-examination, without the necessity of subpoena. The declaration of any witness that does not appear at the hearing will be stricken and disregarded, absent a stipulation of the parties to the contrary.

Appearances on October 16, 2019 are EXCUSED. Counsel for the debtor shall promptly lodge an order memorializing the foregoing ruling.

Tentative Ruling:

Party Information

Debtor(s):

Steven Gregory Ow Represented ByMatthew D. Resnik

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Northern Division


1:30 PMSteven Gregory OwCONT... Chapter 11

Roksana D. Moradi-Brovia

Movant(s):

Steven Gregory Ow Represented ByMatthew D. ResnikMatthew D. ResnikRoksana D. Moradi-BroviaRoksana D. Moradi-Brovia

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Northern Division


2:30 PMRichard W. York9:16-11520 Chapter 13

York v. INTERNAL REVENUE SERVICE et alAdv#: 9:16-01095

#24.00 CONTD. Hearing RE: [160] Motion For Award of Reasonable Litigation Costs (Bernsley, Mark)

FR. 8-16-19

160Docket *** VACATED *** REASON: Continued to November 20, 2019 @ 2:30 p.m.

Ruling for 8/16/19: Cont. to 10/16/19 at 2:30 p.m. IRS is required to file a surreply no later than 9/13/19. Plaintiff to file a response by 10/8/19.

Tentative Ruling:

Party Information

Debtor(s):

Richard W. York Represented ByReed H OlmsteadMark Bernsley

Defendant(s):

INTERNAL REVENUE SERVICE Pro Se

UNITED STATES OF AMERICA Represented ByJolene TannerValerie L Makarewicz

Movant(s):

Richard W. York Represented ByMark Bernsley

Plaintiff(s):

Richard W. York Represented ByMark Bernsley

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Northern Division


2:30 PMRichard W. YorkCONT... Chapter 13

Trustee(s):


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2:30 PMJeffrey S Graff9:19-10838 Chapter 13

Cloud Mountain, LLC et al v. GraffAdv#: 9:19-01042

#25.00 Status HearingRE: [1] Adversary case 9:19-ap-01042. Complaint by Cloud Mountain, LLC, Linda Thompson, Tony Nicholson against Jeffrey S Graff. false pretenses, false representation, actual fraud)),(67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)) (Dickey, Jonathan)

1Docket *** VACATED *** REASON: Continued to November 20, 2019 at 2:30pm

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Jeffrey S Graff Represented ByJeffrey S Graff

Defendant(s):

Jeffrey S Graff Pro Se

Plaintiff(s):

Cloud Mountain, LLC Represented ByJonathan M Dickey

Linda Thompson Represented ByJonathan M Dickey

Tony Nicholson Represented ByJonathan M Dickey

Trustee(s):


Page 32 of 4410/16/2019 6:32:09 AM



Northern Division


2:30 PMRasbe, Inc9:19-11122 Chapter 7

Rasbe, Inc et al v. Dromy et alAdv#: 9:19-01034

#26.00 Status HearingRE: [1] Adversary case 9:19-ap-01034. Complaint by Rasbe, Inc, Emmet Inv, Inc., Sherr, LLC, Ron Oren against Ely Dromy, David Dromy, Silverlake Park, LLC, Joseph GUGLIELMO, VC Visions, LLC. (Fee Not Required). Nature of Suit: (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(14 (Recovery of money/property - other)),(72 (Injunctive relief - other)),(91 (Declaratory judgment)) (Sofris, Michael)

FR. 9-18-19

1Docket *** VACATED *** REASON: Stipulated order entered on 9-10-19. Hearing continued to November 20, 2019 at 2:30pm.

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Rasbe, Inc Represented ByKhachik Akhkashian

Defendant(s):

Ely Dromy Represented ByJohnny White

David Dromy Represented ByJohnny White

Silverlake Park, LLC Represented ByJohnny White

Joseph GUGLIELMO Pro Se

VC Visions, LLC Pro Se

Page 33 of 4410/16/2019 6:32:09 AM



Northern Division


2:30 PMRasbe, IncCONT... Chapter 7

Plaintiff(s):

Rasbe, Inc Represented ByMichael N Sofris

Emmet Inv, Inc. Represented ByMichael N Sofris

Sherr, LLC Represented ByMichael N Sofris

Ron Oren Represented ByMichael N Sofris

Trustee(s):

Jerry Namba (TR) Represented ByTimothy J Yoo

Page 34 of 4410/16/2019 6:32:09 AM



Northern Division


2:30 PMSherr, LLC9:19-11123 Chapter 7

Sherr, LLC et al v. Silverlake Park, LLC et alAdv#: 9:19-01032

#27.00 Status HearingRE: [1] Adversary case 9:19-ap-01032. Complaint by Sherr, LLC, Rasbe, Inc, Emmet Inv, Inc., Ron Oren against Silverlake Park, LLC, VC Visions, LLC, Ely Dromy, David Dromy, Joseph GUGLIELMO. (Fee Not Required). Nature of Suit: (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(14 (Recovery of money/property - other)),(91 (Declaratory judgment)) (Sofris, Michael)

FR. 9-18-19

1Docket *** VACATED *** REASON: Stipulated order entered on 9-10-19. Hearing continued to November 20, 2019 at 2:30pm.

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Sherr, LLC Represented ByKhachik Akhkashian

Defendant(s):



Ely Dromy Represented ByJohnny White

David Dromy Represented ByJohnny White


Page 35 of 4410/16/2019 6:32:09 AM



Northern Division


2:30 PMSherr, LLCCONT... Chapter 7

Plaintiff(s):

Sherr, LLC Represented ByMichael N Sofris

Rasbe, Inc Represented ByMichael N Sofris

Emmet Inv, Inc. Represented ByMichael N Sofris

Ron Oren Represented ByMichael N Sofris

Trustee(s):

Jerry Namba (TR) Represented ByTimothy J Yoo

Page 36 of 4410/16/2019 6:32:09 AM



Northern Division


2:30 PMBernd Schaefers9:19-11163 Chapter 11

Schaefers v. Shepard et alAdv#: 9:19-01040

#28.00 Status HearingRE: [1] Adversary case 9:19-ap-01040. Complaint by Bernd Schaefers against Franziska Shepard , David Baskett , DOES 1 through 5 . (Charge To Estate). Nature of Suit: (72 (Injunctive relief - other)) (Bertelsen, Susan)

1Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Bernd Schaefers Represented ByReed H Olmstead

Defendant(s):

Franziska Shepard Represented ByWilliam C Beall

David Baskett Represented ByChristian J Younger

DOES 1 through 5 Pro Se

Plaintiff(s):

Bernd Schaefers Pro Se

Page 37 of 4410/16/2019 6:32:09 AM



Northern Division



Blizzard Energy, Inc. v. SchaefersAdv#: 9:19-01041

#29.00 Status HearingRE: Adversary case 9:19-ap-01041. RE [1] and [5] Notice and Amended Notice of Removal; filed by Debtor/Defendant Bernd Schaefers RE: San Luis Obispo Superior Court case No. 17-CVP-0266, Blizzard Energy, Inc. v. Bernd Schaefers. Nature of Suit: (01 (Determination of removed claim or cause)) (Bertelsen, Susan)

1Docket *** VACATED *** REASON: Order remanding adversary proceeding entered on 9/24/19.

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):


Plaintiff(s):

Blizzard Energy, Inc. Represented ByWilliam C Beall

Page 38 of 4410/16/2019 6:32:09 AM



Northern Division



Blizzard Energy, Inc. v. SchaefersAdv#: 9:19-01043

#30.00 Status HearingRE: [1] Adversary case 9:19-ap-01043. Complaint by Blizzard Energy, Inc. against Bernd Schaefers. false pretenses, false representation, actual fraud)) (Beall, William)

1Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):


Plaintiff(s):

Blizzard Energy, Inc. Represented ByWilliam C Beall

Page 39 of 4410/16/2019 6:32:09 AM



Northern Division


2:30 PMAlbert Maxwell Goldberg9:19-11271 Chapter 13

Goldberg et al v. COUNTRYWIDE HOME LOANS, INC. et alAdv#: 9:19-01044

#31.00 Status HearingRE: [1] Adversary case 9:19-ap-01044. Complaint by Elinor K Goldberg and Albert M. Goldberg , against COUNTRYWIDE HOME LOANS, INC. , MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. Solely as Nomine for Countrywide Home Loans, Inc., BANK OF AMERICA, N.A. , 1900 CAPITAL TRUST I, BY U.S. BANK TRUST NATIONAL ASSOCIATION Not in its Individual Capacity but solely as Certificate Trustee, SHELLPOINT MORTGAGE SERVICING , DOES 1 THROUGH 20 . (Charge To Estate). Nature of Suit: (14 (Recovery of money/property - other)) ,(21 (Validity, priority or extent of lien or other interest in property)) ,(72 (Injunctive relief - other)) ,(91 (Declaratory judgment)) ,(SS (SIPA Case - 15 U.S.C. 78aaa et.seq.))(Rust, Kam)

1Docket *** VACATED *** REASON: Rescheduled by the Court to November 6, 2019, at 2:30 p.m.

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Albert Maxwell Goldberg Represented ByRichard Mark Garber

Defendant(s):

COUNTRYWIDE HOME LOANS, Represented ByPayam Khodadadi

MORTGAGE ELECTRONIC Pro Se

BANK OF AMERICA, N.A. Represented ByPayam Khodadadi

1900 CAPITAL TRUST I, BY U.S. Pro Se

SHELLPOINT MORTGAGE Pro Se

Page 40 of 4410/16/2019 6:32:09 AM



Northern Division


2:30 PMAlbert Maxwell GoldbergCONT... Chapter 13

DOES 1 THROUGH 20 Pro Se

Shellpoint Mortgage Servicing, Represented ByMark S Krause

Plaintiff(s):

Albert M. Goldberg Pro Se

Elinor K Goldberg Pro Se

Trustee(s):


Page 41 of 4410/16/2019 6:32:09 AM



Northern Division


2:30 PMRasbe, Inc.9:19-11122 Chapter 7

Silverlake Park, LLC v. Oren et alAdv#: 9:19-01056

#32.00 Motion for Remand Filed by Plaintiff Silverlake Park, LLC (White, Johnny)

5Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Defendant(s):

Rone Oren Represented ByMichael N Sofris

Rasbe, Inc Pro Se

Emmet Inv, Inc. Pro Se

Sherr, Inc Pro Se

First Capital Real Estate Pro Se

Suneet Singal Pro Se


Alexandra Acquisition and Pro Se


Sara Ben Or Pro Se

Edna Oren Pro Se

DOES 8-30 Pro Se

Movant(s):


Page 42 of 4410/16/2019 6:32:09 AM



Northern Division


2:30 PMRasbe, Inc.CONT... Chapter 7

Plaintiff(s):Silverlake Park, LLC Represented By

Johnny White

Page 43 of 4410/16/2019 6:32:09 AM



Northern Division


2:30 PMCraig Alan Cowan9:18-10376 Chapter 7

McBeth v. Cowan et alAdv#: 9:19-01036

#33.00 Status HearingRE: [1] Adversary case 9:19-ap-01036. Complaint by Sandra K. McBeth against Craig Alan Cowan, Ameritas Life Insurance Corp.. (Charge To Estate). Nature of Suit: (11 (Recovery of money/property - 542 turnover of property)),(14 (Recovery of money/property - other)),(14 (Recovery of money/property -other)),(41 (Objection / revocation of discharge - 727(c),(d),(e))) (Beall, William)

FR. 9-18-19

1Docket

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Craig Alan Cowan Represented ByEdwin J Rambuski

Defendant(s):

Craig Alan Cowan Pro Se

Ameritas Life Insurance Corp. Pro Se

Plaintiff(s):

Sandra K. McBeth Represented ByWilliam C Beall

Trustee(s):

Sandra McBeth (TR) Represented ByWilliam C Beall

Page 44 of 4410/16/2019 6:32:09 AM

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