United States Bankruptcy Court Central District of...

United States Bankruptcy CourtCentral District of California

Judge Wayne Johnson, PresidingCourtroom 304 Calendar

Riverside

Thursday, August 20, 2020 304 Hearing Room

10:00 AMWindsor Holdings, LLC6:18-13630 Chapter 7

#1.00 Motion for relief from stay

FRAN J. GAREY VS DEBTOR

Property: 401 Broad Street, Wichita Falls, TX 76301[Real Prop] Lazaro E. Fernandez, attorney/movant

96Docket *** VACATED *** REASON: NTC OF WITHDRAWAL FILED 8-5-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Windsor Holdings, LLC Represented ByThomas C Corcovelos

Movant(s):

Fran J. Garey Represented ByThomas M McMurrayLazaro E Fernandez

Trustee(s):

Howard B Grobstein (TR) Represented ByAnthony A Friedman

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10:00 AMBrenda Kaye Christian6:19-10960 Chapter 7


TOYOTA MOTOR CREDIT VS DEBTOR

Property: 2018 Toyota Camry[Personal Prop] Kirsten Martinez, attorney/movant

36Docket

Final Ruling. This motion for relief from the automatic stay has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the trustee, the debtor and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, 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). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. SeeRule 9013-1(j)(3). No appearance is necessary.

For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2) with the following relief:

(1) Termination of the stay to allow movant (and any successors or assigns) to proceed under applicable non-bankruptcy law to enforce its remedies to obtain possession of the property, foreclose its lien upon the property and to sell the property.

(2) Waiver of the 14-day stay prescribed by Bankruptcy Rule 4001(a)(3).

Counsel for the moving party shall prepare and upload a proposed order after

Tentative Ruling:

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10:00 AMBrenda Kaye ChristianCONT... Chapter 7

the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing . . . .").

Party Information

Debtor(s):

Brenda Kaye Christian Pro Se

Movant(s):

Toyota Motor Credit Corporation Represented ByKirsten Martinez

Trustee(s):

Steven M Speier (TR) Pro Se

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10:00 AMSamuel Lendale Genous and Natalie Lynn Genous6:17-14159 Chapter 7

#2.03 Hrg re motion in individual case for order confirming termination of stay or that no stay is in effect

58Docket

Tentative Ruling:

Party Information

Debtor(s):

Samuel Lendale Genous Represented ByDonald W Reid

Joint Debtor(s):

Natalie Lynn Genous Represented ByDonald W Reid

Movant(s):

The Ridge Community Association Represented ByErin A Maloney

Trustee(s):

Karl T Anderson (TR) Pro Se

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10:00 AMMitchell Charles McMurtry6:19-18025 Chapter 7


FORD MOTOR CREDIT VS DEBTOR

Property: 2016 ford F150[Real Prop] Sheryl K. Ith, attorney/movant

23Docket

Tentative Ruling:

Party Information

Debtor(s):

Mitchell Charles McMurtry Represented ByChristopher P Walker

Movant(s):

Ford Motor Credit Company LLC Represented BySheryl K Ith

Trustee(s):


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10:00 AMTrina Lee Kenney6:20-12668 Chapter 7


SUPERIOR COURT VS DEBTOR

Property: Superior Court Docket Number 19STCV45035[Non Bk Forum] D. Edward Hays, attorney/movant

32Docket

Tentative Ruling:

Party Information

Debtor(s):

Trina Lee Kenney Represented ByTodd L TurociDonald W Reid

Movant(s):

Caru Society for the Prevention of Represented ByD Edward Hays

Jane Roe Represented ByD Edward Hays

Emily Kovach Represented ByD Edward Hays

Austin Matelson Represented ByD Edward Hays

Julia Summer Evans Represented ByD Edward Hays

Ramtin Mehrvijeh Represented ByD Edward Hays

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10:00 AMTrina Lee KenneyCONT... Chapter 7

Jane Doe Represented ByD Edward Hays

Brandon Swigart Represented ByD Edward Hays

Brittany Swigart Represented ByD Edward Hays

Jessica Loy Represented ByD Edward Hays

Trustee(s):

Arturo Cisneros (TR) Pro Se

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10:00 AMJezriel Patricia Kenney6:20-13505 Chapter 7


LOS ANGELES SUPERIOR COURT VS DEBTOR

Property:Superior Case Docket Number 19STCV45035[Non Bk Forum] D. Edward Hays, attorney/movant

20Docket

Tentative Ruling:

Party Information

Debtor(s):

Jezriel Patricia Kenney Represented ByTodd L TurociDonald W Reid

Movant(s):

Caru Society for the Prevention of Represented ByD Edward Hays

Jane Roe Represented ByD Edward Hays

Emily Kovach Represented ByD Edward Hays

Austin Matelson Represented ByD Edward Hays

Julia Summer Evans Represented ByD Edward Hays

Ramtin Mehrvijeh Represented ByD Edward Hays

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10:00 AMJezriel Patricia KenneyCONT... Chapter 7

Jane Doe Represented ByD Edward Hays

Brittany Swigart Represented ByD Edward Hays

Brandon Swigart Represented ByD Edward Hays

Jessica Loy Represented ByD Edward Hays

Trustee(s):

Howard B Grobstein (TR) Pro Se

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10:00 AMShawn Michael Johnson6:20-14237 Chapter 7


TOYOTA MOTOR CREDIT CORP VS DEBTOR

Property: 2020 Toyota Corolla [Personal prop] Kirsten Martinez, attorney/movant

11Docket

Final Ruling. This motion for relief from the automatic stay has been set for hearing on regular notice pursuant to Rule 9013-1(d)(2) of the Local Bankruptcy Rules. Pursuant to Rule 9013-1(h), the failure of the trustee, the debtor and other parties in interest to file written opposition at least fourteen days prior to the hearing is construed as consent to the granting of the motion. Cf. Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Furthermore, 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). Parties who have been properly served with the motion are considered in default and, as a consequence, the matter will be resolved without oral argument. SeeRule 9013-1(j)(3). No appearance is necessary.

For the reasons set forth in the motion, the Court hereby finds that sufficient grounds exist to grant the motion pursuant to 11 U.S.C. §§ 362(d)(1) and 362(d)(2) with the following relief:

(1) Termination of the stay to allow movant (and any successors or assigns) to proceed under applicable non-bankruptcy law to enforce its remedies to obtain possession of the property, foreclose its lien upon the property and to sell the property.

(2) Waiver of the 14-day stay prescribed by Bankruptcy Rule 4001(a)(3).

Counsel for the moving party shall prepare and upload a proposed order after

Tentative Ruling:

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10:00 AMShawn Michael JohnsonCONT... Chapter 7

the date and time of the hearing but no later than seven days thereafter. See LBR 9021-1(b)(1)(B) (stating that proposed orders shall be submitted "within 7 days" of the hearing but "must not be lodged prior to the hearing . . . .").

Party Information

Debtor(s):

Shawn Michael Johnson Pro Se

Movant(s):

Toyota Motor Credit Corporation, as Represented ByKirsten Martinez

Trustee(s):

Larry D Simons (TR) Pro Se

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10:00 AMRomualdo Rodriguez and Rosa Isela Rodriguez6:20-14747 Chapter 7


RICHARDSON GRISWOLD VS DEBTORS

Property: Superior Court Case Number CIVDS1708434[Non Bk Forum] Richardson Griswold, attorney/movant

11Docket

Tentative Ruling:

Party Information

Debtor(s):

Romualdo Rodriguez Represented ByJaime A Cuevas Jr.

Joint Debtor(s):

Rosa Isela Rodriguez Represented ByJaime A Cuevas Jr.

Movant(s):

Richardson Griswold Represented ByRichardson Griswold

Trustee(s):

Larry D Simons (TR) Pro Se

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10:15 AMAnna Nicole Raphael6:20-15310 Chapter 13

#8.00 Hrg re status conference

1Docket *** VACATED *** REASON: CASE DISMISSED 8-19-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Anna Nicole Raphael Pro Se

Trustee(s):

Rod Danielson (TR) Pro Se

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1:30 PMUniversal Surveillance Systems, LLC6:18-11111 Chapter 7

Karl T. Anderson CPA, Inc. v. Georgia Department of Revenue and Lynnette Adv#: 6:18-01245

#9.00 Hrg re motion to stay adversary proceeding

52Docket *** VACATED *** REASON: ORDER DENYING MOTION ENTERED 8-14-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Universal Surveillance Systems, Represented ByJeffrey I Golden

Defendant(s):

Georgia Department of Revenue and Represented ByCharles TsaiDavid Carson

Movant(s):

Adel Sayegh Represented ByRyan D O'Dea

Plaintiff(s):

Karl T. Anderson CPA, Inc. Represented ByJudith E Marshack

Trustee(s):

Karl T Anderson (TR) Represented ByRichard A MarshackJudith E MarshackMatthew Grimshaw

Cionca IP Law P C

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Karl T. Anderson CPA, Inc. v. Georgia Department of Revenue and Lynnette Adv#: 6:18-01245

#10.00 Hrg re motion for intervention


- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Georgia Department of Revenue and Represented ByCharles TsaiDavid Carson

Movant(s):


Plaintiff(s):


Trustee(s):


Cionca IP Law P C

Page 15 of 418/19/2020 4:07:57 PM



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Karl T. Anderson CPA, Inc. v. State of Illinois Department of RevenueAdv#: 6:18-01246



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

State of Illinois Department of Represented ByCharles TsaiJames D Newbold

Movant(s):


Plaintiff(s):


Trustee(s):


Cionca IP Law P C

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Karl T. Anderson CPA, Inc. v. State of Illinois Department of RevenueAdv#: 6:18-01246



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

State of Illinois Department of Represented ByCharles TsaiJames D Newbold

Movant(s):


Plaintiff(s):


Trustee(s):


Cionca IP Law P C

Page 17 of 418/19/2020 4:07:57 PM



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Karl T. Anderson CPA, Inc. v. Director, Division of Taxation of the State of Adv#: 6:18-01249



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Director, Division of Taxation of the Pro Se

Movant(s):


Plaintiff(s):


Trustee(s):


Cionca IP Law P C

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Karl T. Anderson CPA, Inc. v. Director, Division of Taxation of the State of Adv#: 6:18-01249



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Director, Division of Taxation of the Pro Se

Movant(s):


Plaintiff(s):


Trustee(s):


Cionca IP Law P C

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Riverside



Anderson v. Point Loma Nazarene UniversityAdv#: 6:19-01006



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Point Loma Nazarene University Represented ByGerald P Kennedy

Movant(s):


Plaintiff(s):

Karl T. Anderson Represented ByJudith E MarshackMatthew GrimshawKristine A Thagard

Trustee(s):


Cionca IP Law P C

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1:30 PMUniversal Surveillance Systems, LLCCONT... Chapter 7

Page 21 of 418/19/2020 4:07:57 PM



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Anderson v. Point Loma Nazarene UniversityAdv#: 6:19-01006



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Point Loma Nazarene University Represented ByGerald P Kennedy

Movant(s):


Plaintiff(s):


Trustee(s):

Karl T Anderson (TR) Represented ByRichard A Marshack

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Judith E MarshackMatthew Grimshaw

Cionca IP Law P C

Page 23 of 418/19/2020 4:07:57 PM



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Anderson v. Gonzaga UniversityAdv#: 6:19-01007



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Gonzaga University Represented ByEric A Mitnick

Movant(s):


Plaintiff(s):


Trustee(s):


Page 24 of 418/19/2020 4:07:57 PM



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Cionca IP Law P C

Page 25 of 418/19/2020 4:07:57 PM



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Anderson v. Gonzaga UniversityAdv#: 6:19-01007



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Gonzaga University Represented ByEric A Mitnick

Movant(s):


Plaintiff(s):


Trustee(s):


Page 26 of 418/19/2020 4:07:57 PM



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Cionca IP Law P C

Page 27 of 418/19/2020 4:07:57 PM



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Karl T. Anderson CPA, Inc. v. United States of America, Department of the Adv#: 6:18-01247



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

United States of America, Represented ByNajah J ShariffAndrew T Pribe

Movant(s):


Plaintiff(s):


Trustee(s):


Cionca IP Law P C

Page 28 of 418/19/2020 4:07:57 PM



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Karl T. Anderson CPA, Inc. v. United States of America, Department of the Adv#: 6:18-01247



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

United States of America, Represented ByNajah J ShariffAndrew T Pribe

Movant(s):


Plaintiff(s):


Trustee(s):


Cionca IP Law P C

Page 29 of 418/19/2020 4:07:57 PM



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Karl T. Anderson CPA, Inc. v. State Of California Franchise Tax BoardAdv#: 6:18-01244



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

State Of California Franchise Tax Represented ByJohn C Keith

Movant(s):


Plaintiff(s):


Trustee(s):


Cionca IP Law P C

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Karl T. Anderson CPA, Inc. v. State Of California Franchise Tax BoardAdv#: 6:18-01244



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

State Of California Franchise Tax Represented ByJohn C Keith

Movant(s):


Plaintiff(s):


Trustee(s):


Cionca IP Law P C

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Anderson v. Barth Calderon LLPAdv#: 6:20-01016



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Barth Calderon LLP Represented ByDavid Choi

Movant(s):


Plaintiff(s):

Karl Anderson Represented ByJudith E MarshackKristine A Thagard

Trustee(s):


Cionca IP Law P C

Page 32 of 418/19/2020 4:07:57 PM



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Anderson v. Barth Calderon LLPAdv#: 6:20-01016



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Barth Calderon LLP Represented ByDavid Choi

Movant(s):


Plaintiff(s):

Karl Anderson Represented ByJudith E MarshackKristine A Thagard

Trustee(s):


Cionca IP Law P C

Page 33 of 418/19/2020 4:07:57 PM



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Anderson v. Roorda Piquet & Bessee IncAdv#: 6:20-01017



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Roorda Piquet & Bessee Inc Represented ByKenneth Miller

Movant(s):


Plaintiff(s):

Karl Anderson Represented ByJudith E MarshackMatthew GrimshawKristine A Thagard

Trustee(s):


Cionca IP Law P C

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Anderson v. Roorda Piquet & Bessee IncAdv#: 6:20-01017



- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Roorda Piquet & Bessee Inc Represented ByKenneth Miller

Movant(s):


Plaintiff(s):

Karl Anderson Represented ByJudith E MarshackMatthew GrimshawKristine A Thagard

Trustee(s):


Cionca IP Law P C

Page 36 of 418/19/2020 4:07:57 PM



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Page 37 of 418/19/2020 4:07:57 PM



Riverside


1:30 PMDani Transport Service, Inc.6:20-11234 Chapter 11

Dani Transport Services, Inc. v. Global Funding Experts aka Global FundingAdv#: 6:20-01038

#27.00 Status conference re: Complaint to avoid and recover transfers

FROM: S/C 7-2-20

1Docket *** VACATED *** REASON: ADVERSARY DISMISSED 7-30-20

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Dani Transport Service, Inc. Represented ByTodd L Turoci

Defendant(s):

Global Funding Experts aka Global Pro Se

Plaintiff(s):

Dani Transport Services, Inc. Represented ByTodd L Turoci

Trustee(s):


Page 38 of 418/19/2020 4:07:57 PM



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Dani Transport Services, Inc. v. Diesel Funding, LLCAdv#: 6:20-01040

#28.00 Status conference re: Complaint to avoid and recover preferential and post -petition transfers

FROM: S/C 7-2-20


- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Diesel Funding, LLC Pro Se

Plaintiff(s):


Trustee(s):


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Dani Transport Services, Inc. v. Capcall, LLCAdv#: 6:20-01042

#29.00 Status conference re: Complaint to avoid and recover preferential and post -petition transfers

FROM: S/C 7-2-20


- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


Defendant(s):

Capcall, LLC Pro Se

Plaintiff(s):


Trustee(s):


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2:30 PMVictor Herrera6:16-12757 Chapter 7

Herrera v. HerreraAdv#: 6:16-01158

#30.00 Trial re: Complaint to determine dischargeabily

FROM: 2-23-18, 2-26-18, 7-20-18, 8-23-18, 10-19-18, 11-2-18, 12-7-18, 6-14-19, 6-28-19, 8-1-19, 9-12-19, 10-24-19, 3-12-20, 4-23-20, 7-9-20

1Docket *** VACATED *** REASON: ORDER CONT ENTERED 8-17-20; CONT'D TO 12-10-20 AT 2:30 P.M.

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Victor Herrera Represented ByYolanda Flores-BurtMichael N BerkeYoon O Ham

Defendant(s):

Victor Herrera Represented ByYolanda Flores-Burt

Plaintiff(s):

Maria A. Herrera Represented ByMichael N Berke

Trustee(s):


Page 41 of 418/19/2020 4:07:57 PM

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