United States Bankruptcy Court Central District of...

United States Bankruptcy CourtCentral District of California

Judge Scott Clarkson, PresidingCourtroom 126 Calendar

Riverside

Tuesday, September 22, 2020 126 Hearing Room

10:00 AMMelissa Lynn Lambert6:20-10948 Chapter 7

#1.00Snell & Wilmer LLP - movant attorney

Motion for Relief from the Stay

PS Funding, Inc. vs. Debtor(Motion filed 8/6/20)

RE: 17441 San Bernardino Avenue, Fontana, CA 92335

26Docket

Tentative for 9/22/20 is to CONTINUE to October 20, 2020, at 10:00 a.m. to allow Movant to effectuate proper service.

The movant did not serve the County of San Bernardino (an entity known to the movant as possessing a claim secured by the property) and FCI Lender Services, Inc. (an entity scheduled by Debtor as possessing a claim secured by the property). LBR 4001-1(c)(1)(C) requires service of a motion for relief from stay on the holder of a lien or encumbrance against the subject property that is known to the movant, scheduled by the debtor, or appears in the public record and any other party entitled to receive notice under FRBP 4001. FRBP 4001(a)(1) states a motion for relief from the automatic stay “shall be made in accordance with Rule 9014.” FRBP 9014(b) requires service pursuant to FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”

Appearances for the 9/22 hearing are excused.

The courtroom will be locked; parties wishing to make an appearance must do so 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)

Tentative Ruling:

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10:00 AMMelissa Lynn LambertCONT... Chapter 7

582-6878. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

Party Information

Debtor(s):

Melissa Lynn Lambert Represented ByNeil R Hedtke

Movant(s):

PS Funding, Inc. Represented ByAndrew StillEric S Pezold

Trustee(s):

Arturo Cisneros (TR) Pro Se

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10:00 AMReynaldo Elegado Mercado and Jennifer Diana Mercado6:20-13814 Chapter 7

#2.00Cooksey, Toolen, Gage, Duffy & Woog - movant attorney

Motion for Relief from Stay

Ford Motor Credit Company LLC vs. DEBTORS, Karl T. Anderson, trustee(Motion filed 8/12/20)

Re: 2016 Ford Explorer, VIN: 1FM5K7DH8GGD35075

EH_____

11Docket

Tentative for 9/22/20:

Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2). The request for a 4001(a)(3) waiver is denied.

Note: This matter appears to be uncontested. Accordingly, no court appearance by Movant is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Movant will be so notified.

The courtroom will be locked; parties wishing to make an appearance must do so by 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. Parties making telephonic appearances are reminded to have all relevant filings/information easily accessible during the hearing.

Movant to lodge an order within seven (7) days.

Tentative Ruling:

Party Information

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10:00 AMReynaldo Elegado Mercado and Jennifer Diana MercadoCONT... Chapter 7

Debtor(s):Reynaldo Elegado Mercado Represented By

David L Nelson

Joint Debtor(s):

Jennifer Diana Mercado Represented ByDavid L Nelson

Movant(s):

Ford Motor Credit Company LLC Represented BySheryl K Ith

Trustee(s):

Karl T Anderson (TR) Pro Se

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10:00 AMFred C. Smith and Jamie M. Smith6:20-14603 Chapter 7

#3.00Garwacki & Associates - movant attorney


Partners Federal Credit Union vs. DEBTORS(Motion filed 8/24/20)

Re: 2016 GMC Yukon, VIN 1GKS1CKJ0GR159057

EH_____

11Docket






Tentative Ruling:

Party Information

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10:00 AMFred C. Smith and Jamie M. SmithCONT... Chapter 7

Debtor(s):Fred C. Smith Represented By

Keith Q Nguyen

Joint Debtor(s):

Jamie M. Smith Represented ByKeith Q Nguyen

Movant(s):

Partners Federal Credit Union Represented ByYuri Voronin

Trustee(s):

Arturo Cisneros (TR) Pro Se

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10:00 AMBulldog Coatings LLC6:20-14683 Chapter 7



Ford Motor Credit Company, LLC vs. DEBTOR, Robert Whitmore, trustee(Motion filed 8/28/20)

Re: 2018 Ford Transit Connect, VIN: NM0LS7E79J1348989

EH_____

15Docket


Grant pursuant to 11 U.S.C. § 362(d)(1) and § 362(d)(2) with 4001(a)(3) waiver.




Tentative Ruling:

Party Information

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10:00 AMBulldog Coatings LLCCONT... Chapter 7

Debtor(s):

Bulldog Coatings LLC Represented ByJulie J Villalobos

Movant(s):

Ford Motor Credit Company LLC Represented BySheryl K Ith

Trustee(s):

Robert Whitmore (TR) Pro Se

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10:00 AMAaron Jesus Ramirez and Deborah Madai Ramirez6:20-14705 Chapter 7



Santander Consumer USA, Inc. vs. DEBTORS, Robert Whitmore, trustee(Motion filed 8/27/20)

Re: 2004 Ford Ranger, VIN: 1FTYR14U84PA42019

EH_____

11Docket


Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.




Tentative Ruling:

Party Information

Debtor(s):

Aaron Jesus Ramirez Represented By

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10:00 AMAaron Jesus Ramirez and Deborah Madai RamirezCONT... Chapter 7

M. Wayne Tucker

Joint Debtor(s):

Deborah Madai Ramirez Represented ByM. Wayne Tucker

Movant(s):

Santander Consumer USA, Inc., Represented BySheryl K Ith

Trustee(s):


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10:00 AMBrett Michael Dancy6:20-14990 Chapter 7



Santander Consumer USA. Inc. vs. DEBTOR(Motion filed 8/20/20)

Re: 2017 Ram 1500, VIN: 1C6RR6YT2HS585170

EH_____

7Docket


Grant pursuant to 11 U.S.C. § 362(d)(1) with 4001(a)(3) waiver.




Tentative Ruling:

Party Information

Debtor(s):

Brett Michael Dancy Represented By

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10:00 AMBrett Michael DancyCONT... Chapter 7

Salvatore Bommarito

Movant(s):

Santander Consumer USA Inc. dba Represented BySheryl K Ith

Trustee(s):

Lynda T. Bui (TR) Pro Se

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10:00 AMJesus Ibarra and Ruth Nohemi Ibarra6:20-15293 Chapter 7



Americredit Financial Services, Inc. vs. DEBTORS, Steven M. Speier, Trustee(Motion filed 8/14/20)

Re: 2014 Chevrolet Malibu, VIN: 1G11H5SLXEF229428

EH_____

9Docket






Tentative Ruling:

Party Information

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10:00 AMJesus Ibarra and Ruth Nohemi IbarraCONT... Chapter 7

Debtor(s):Jesus Ibarra Represented By

Daniel King

Joint Debtor(s):

Ruth Nohemi Ibarra Represented ByDaniel King

Movant(s):

AmeriCredit Financial Services, Inc. Represented BySheryl K Ith

Trustee(s):

Steven M Speier (TR) Pro Se

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11:00 AMSean Randall Ehart and Kristi Ann Ehart6:19-20521 Chapter 7

#8.00Hrg. on Chapter 7 Trustee's Motion filed 8/3/20 Objecting to Claim #38 filed by Prosper Marketplace, Inc.

35Docket

Tentative for 9/22/20 is to CONTINUE to November 3, 2020, at 11:00 a.m., to allow Movant to effectuate proper service pursuant to FRBP 7004.

LBR 3007-1(b)(2) requires that a claim objection be served on the claimant at the address disclosed by the claimant in its proof of claim, and at such other addresses and upon such parties as may be required by FRBP 7004. FRBP 7004(b)(3) requires that a corporation, partnership or other unincorporated association be served “to the attention of an officer, a managing or general agent, or to any other agent authorized by appointment of law to receive service of process.”


Tentative Ruling:

Party Information

Debtor(s):

Sean Randall Ehart Represented ByTodd L Turoci

Joint Debtor(s):

Kristi Ann Ehart Represented ByTodd L Turoci

Movant(s):


Trustee(s):


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11:00 AMTonya S. Goff6:19-20923 Chapter 7

#9.00Hrg. on approval of trustee's final report and applications for compensation filed 8/11/20

EH_____

[Re: Robert S. Whitmore, chapter 7 trustee][Fees; $1000.00; Expenses; $239.35]

0Docket

Tentative for 9/22/20 is to APPROVE.

Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


Trustee to lodge an order within seven (7) days.

Tentative Ruling:

Party Information

Debtor(s):

Tonya S. Goff Represented ByLazaro E Fernandez

Trustee(s):


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11:00 AMBulldog Coatings LLC6:20-14683 Chapter 7

#9.10Hrg. on Debtor's Motion filed 9/1/20 for order compelling trustee to abandon property located at 191 Granite St. Ste. B & C, Corona, CA 92879

EH_____

17Docket

Tentative for 9/22/20 is to GRANT.




Tentative Ruling:

Party Information

Debtor(s):


Movant(s):


Trustee(s):

Robert Whitmore (TR) Pro SePage 17 of 469/21/2020 1:03:02 PM



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11:00 AMBulldog Coatings LLCCONT... Chapter 7

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1:30 PMDAVID LIN and CHRISTINE YIU6:11-28115 Chapter 11

#10.00Hrg. on Debtors' Motion filed 8/21/20 For Final Entry of Discharge and Final Decree and Order Closing Chapter 11 Case

EH_____

171Docket


Debtor is to appear and address the Opposition filed 9/8/20 [Dk. 173] by Creditor, PNC Bank, N.A.

Virtual appearances are required. The courtroom will be locked; parties will not be permitted to appear in the courtroom. The hearing will take place using Zoom for Government, a free service that provides audioconference and videoconference capabilities.

Participants may connect to the videoconference through an Internet browser by entering the Videoconference URL shown below, as well as the meeting ID and password, when prompted.

Videoconference URL: https://cacb.zoomgov.com/j/1614216981

Meeting ID: 161 421 6981

Password: 158143

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the audio of the hearing may be accessed by telephone using the following audio conference information:

Tentative Ruling:

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1:30 PMDAVID LIN and CHRISTINE YIUCONT... Chapter 11

Audioconference Tel. No.: +1 (669) 254 5252 or +1 (646) 828 7666

Meeting ID: 161 421 6981

Password: 158143

For further details, please consult the instructions on the Court’s website https://www.cacb.uscourts.gov/judges/honorable-scott-c-clarkson.

Please note that default matters may be called via CourtCall prior to the videoconference, so there may be a slight delay to the official start time of the videoconference hearing.

As noted in the Court's Zoom Video Hearing Guide, located at https://www.cacb.uscourts.gov/node/7890, all persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in theimposition of monetary and non-monetary sanctions.

Party Information

Debtor(s):

DAVID LIN Represented ByMichael J JaurigueElaine LeRyan A. Stubbe

Joint Debtor(s):

CHRISTINE YIU Represented ByMichael J JaurigueElaine LeRyan A. Stubbe

Movant(s):

DAVID LIN Represented ByMichael J JaurigueElaine Le

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1:30 PMDAVID LIN and CHRISTINE YIUCONT... Chapter 11

Ryan A. Stubbe

CHRISTINE YIU Represented ByMichael J JaurigueMichael J JaurigueElaine LeElaine LeRyan A. StubbeRyan A. Stubbe

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1:30 PMCity of San Bernardino, California6:12-28006 Chapter 9

PLACO SAN BERNARDINO, LLC, a Delaware limited liab v. City of San Adv#: 6:19-01167

#11.00Hrg. on Defendant, City of San Bernardino's motion filed 2/11/20 for Judgment on the Pleadings

(Cont. from 7/14/20)

EH_____

0Docket *** VACATED *** REASON: Cont. to 11/3/20 @ 1:30 p.m. by order approving fifth stipulation entered on 9/11/20 (doc.

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

City of San Bernardino, California Represented ByPaul R. GlassmanFred NeufeldLaura L Buchanan

Defendant(s):

City of San Bernardino Represented ByPaul R. Glassman

Plaintiff(s):

PLACO SAN BERNARDINO, Represented ByRaymond B Kim

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1:30 PMOrange County Nursery, Inc.6:15-12078 Chapter 11

#12.00Hrg. on Chapter 11 Status Conference


EH_____

0Docket

Tentative for 9/22/20 is to set a CONTINUED status conference on January 19, 2021, at 1:30 p.m., with a status report due 14 days in advance.


***************************************************************************Tentative for 3/10/20:

Appearances are required. The Court is inclined to set a CONTINUED status conference date of September 22, 2020 at 1:30 p.m., with a status report due 14 days in advance.

***************************************************************************************


Appearances required.

****************************************************************************Tentative for 8/13/19:

This matter is CONTINUED to December 17, 2019 at 1:30 p.m. A status

Tentative Ruling:

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1:30 PMOrange County Nursery, Inc.CONT... Chapter 11

report is due 14 days in advance.

Appearances are excused.

***************************************************************************Tentative for 4/30/19:

The Court has received and reviewed the Status Reports filed by Debtor [Dk. 1109] and Minority Voting Trust [Dk. 1110] on April 16, 2019. This matter is CONTINUED to August 13, 2019 at 1:30 p.m. A status report is due 14 days in advance.

Appearances are excused.

Party Information

Debtor(s):

Orange County Nursery, Inc. Represented ByDavid S KupetzSteven WerthElissa MillerArthur Gutierrez LongoriaTamar Terzian

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1:30 PMO'Linn Security Incorporated6:19-17085 Chapter 11

#13.00Hrg. on Confirmation of Chapter 11 Plan

EH_____

0Docket

Tentative for 9/22/20 is to CONFIRM, and set a post-confirmation status conference for February 16, 2021, at 1:30 p.m. A status report is due 14 days in advance.




Meeting ID: 161 421 6981

Password: 158143


Tentative Ruling:

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1:30 PMO'Linn Security IncorporatedCONT... Chapter 11


Meeting ID: 161 421 6981

Password: 158143




Party Information

Debtor(s):

O'Linn Security Incorporated Represented BySteven R FoxW. Sloan YoukstetterEverett L Green

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#14.00Hrg. on Chapter 11 Status Conference


0Docket


Provided the plan is confirmed, the Court will set a post-confirmation status conference for February 16, 2021, at 1:30 p.m. A status report is due 14 days in advance.




Meeting ID: 161 421 6981

Password: 158143


Tentative Ruling:

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Meeting ID: 161 421 6981

Password: 158143




Party Information

Debtor(s):


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#15.00

Hrg. on Debtor's Objection filed 4/21/20 to Proof of Claim No. 8 by Claimant Pacelli Wage & Hour Class. in the amount of $5,000,000.00 Filed by Debtor O'Linn Security Incorporated

EH_____

(Cont from 7/14/20)

0Docket *** VACATED *** REASON: Debtor's Notice of Withdrawl of Objection to Proof of Claim (doc. 324) filed on 9/1/20 - jc

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):


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#16.00Hrg. on Debtor's Motion to Approve Stipulation Resolving Objection to Proof of Claim No. 9 filed by Jaydee Beck in the amount of $1500.00

EH_____

320Docket





Tentative Ruling:

Party Information

Debtor(s):


Movant(s):

O'Linn Security Incorporated Represented BySteven R FoxW. Sloan Youkstetter

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Everett L Green

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#17.00Hrg. on Objection filed 8/21/20 to Claim Number 10 by Claimant Ryan Greer, in the amount of $5000.00

EH_____

322Docket

Tentative for 9/22/20 is to CONTINUE to November 3, 2020, at 1:30 p.m., to allow Movant to effectuate proper service of the claim objection on the claimant, unless Movant files an amended proof of service by no later than September 21, 2020, at 12:00 p.m.

FRBP 3007(a)(2)(A) requires that the objection and notice be served on a claimant. The proof of service which accompanies the claim objection does not indicate that Clamaint, Ryan Greer, was served.


Tentative Ruling:

Party Information

Debtor(s):


Movant(s):


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#17.10Hrg. on Debtor's Motion to Modify Plan to Adjust Treatment of Pacific Premiere Bank

EH_____

326Docket

Tentative for 9/22/20 is to GRANT, provided that the Debtor provides clarification regarding the modified plan terms as to Pacific Premiere Bank (Premiere).

While the motion indicates that Premiere will simply be paid a month sooner, a review of Exh. A demonstrates changes to the timing of monthly payments, monthly payment amounts, and total payout amounts made to Premiere.




Meeting ID: 161 421 6981

Password: 158143

If a participant is unable to send and receive audio through his/her computer, or join the videoconference through an Internet browser for any reason, the

Tentative Ruling:

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audio of the hearing may be accessed by telephone using the following audio conference information:


Meeting ID: 161 421 6981

Password: 158143




Party Information

Debtor(s):


Movant(s):


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#17.20Hrg. on Debtor's Motion filed 9/1/20 for Approval of and Authorization to Enter into Settlement Agreement with Putative Class Representatives

EH_____

330Docket





Tentative Ruling:

Party Information

Debtor(s):


Movant(s):


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Everett L Green

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#17.30Hrg. on Debtor's Motion to Allow Late Cast Ballot and for the Debtor to count the ballot

EH_____

328Docket





Tentative Ruling:

Party Information

Debtor(s):


Movant(s):


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Everett L Green

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1:30 PMRonald Ward Komers6:20-11096 Chapter 11

#18.00Bonial & Associates, P.C. - movant attorney


Wilmington Trust, National Association vs. DEBTOR(Motion filed 5/28/20)

Re: 21100 Via Los Laureles, Murrieta, California 92562

EH_____

60Docket *** VACATED *** REASON: Order Granting Motion entered on 9/21/20 - (doc. 125) - jc

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Ronald Ward Komers Represented ByMatthew D. ResnikRoksana D. Moradi-Brovia

Movant(s):

Wilmington Trust, National Represented ByKirsten Martinez

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1:30 PMRonald Ward Komers6:20-11096 Chapter 11

#19.00Nazik Hasan - movant attorney


County of Riverside vs. DEBTOR(Motion filed 6/4/20)

Re: Action in Non-Bankruptcy Forum)(Cont. from 7/14/20; 8/18/20)

EH_____

64Docket *** VACATED *** REASON: Order Granting Motion to approve settlement with County of Riverside and Vacating hearing on motion for relief from stay entered on 9/3/20 - jc

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Ronald Ward Komers Represented ByMatthew D. ResnikRoksana D. Moradi-Brovia

Movant(s):

Nazik Hasan Represented ByRonak N Patel

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1:30 PMBen Clymer's The Body Shop Perris Inc.6:20-14798 Chapter 11

#20.00Hrg. on Chapter 11 Trustee's Motion filed 8/31/20 to Approve Stipulation Between Chapter 11 Trustee And Ford Motor Credit Company LLC To Abandon Property Of The Estate

EH_____

114Docket


Note: This matter appears to be uncontested. Accordingly, no court appearance by Trustee is required. Should an opposing party file a late opposition or appear at the hearing, the Court will determine whether further hearing is required and Trustee will be so notified.


Trustee to lodge an order within seven (7) days.

Tentative Ruling:

Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented ByRobert M Yaspan

Movant(s):

Todd A. Frealy (TR) Represented ByMonica Y Kim Levene, Neale, Bender, Rankin & Brill L.L.P.

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1:30 PMBen Clymer's The Body Shop Perris Inc.CONT... Chapter 11

Trustee(s):


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1:30 PMBen Clymer's The Body Shop Perris Inc.6:20-14798 Chapter 11

#21.00Hrg. on Debtor's Motion filed 9/1/20 for stay pending appeal from the order granting the emergency motion to use cash of the estate

EH_____

121Docket

Tentative for 9/22/20 is to DENY.

The decision to stay an order pending appeal is "an exercise of judicial discretion." In re Greenberg, 2019 U.S. Dist. LEXIS 227741, *3-4, 2019 WL 7997232. To obtain a discretionary stay pending appeal under FRBP 8007, the movant must prove: (1) likelihood to succeed on the merits of the appeal; (2) movant will suffer irreparable injury; (3) no substantial harm will come to non-movant; [and] (4) the stay will do no harm to the public interest. Id.

Having reviewed the pleadings and the entire docket as a whole, the Court is inclined to find that the balance of the four factors weighs against the Movant, and in favor of denying the requested stay. Notwithstanding the foregoing, the parties should be prepared to specifically draw the Court's attention to the underlying evidence, including specific references to testimony from the transcript of the 8/4/20 hearing. [See, transcript filed 8/27/20, Dk. 100].




Tentative Ruling:

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Meeting ID: 161 421 6981

Password: 158143



Meeting ID: 161 421 6981

Password: 158143




Party Information

Debtor(s):

Ben Clymer's The Body Shop Perris Represented ByRobert M Yaspan

Movant(s):

Ben Clymers The Body Shop Perris, Represented ByFahim Farivar

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Trustee(s):


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1:30 PMPimlico Ranch, LLC6:20-14307 Chapter 11

#22.00Levene, Neale, Bender, Yoo & Brill - movant attorney


Todd A. Frealy, chapter 11 trustee, Bankruptcy Estate of Ben Clymer's The Body Shop Perris, Inc. vs. DEBTOR(Motion filed 9/2/20)

Re: (ACTION IN NON-BANKRUPTCY FORUM)

EH_____

41Docket *** VACATED *** REASON: Order Continuing hearing to 10/6/20 @ 1:30 p.m. entered on 9/9/20 (doc. 48) - jc

- NONE LISTED -

Tentative Ruling:

Party Information

Debtor(s):

Pimlico Ranch, LLC Represented ByRobert M Yaspan

Movant(s):

Todd A. Frealy Represented ByMonica Y Kim

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