In re Solyman Yashouafar and Massoud Aaron Yashouafar
| David K. Gottlieb |
| Israel Abselet, Soda Partners, LLC, Fieldbrook, Inc., Elkwood Associates, LLC, Citivest Financial Services, Inc., DMARC 2007-CD5 Garden Street, State Street Bank and Trust Company, Howard Abselet, Chase Manhattan Mortgage Company and Quality Loan Service Corporation |
| Solyman Yashouafar and Massoud Aaron Yashouafar |
| Jack Nourafshan, Reliable Properties, Inc. and Reliable Properties |
| 2:2019cv09915 |
| November 19, 2019 |
| US District Court for the Central District of California |
| John F Walter |
| Bankruptcy Withdrawal |
| 28 U.S.C. § 0157 |
| None |
Docket Report
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| Filing 41 STIPULATED JUDGMENT QUIETING TITLE TO REAL PROPERTY by Judge John F. Walter. Judgment is hereby entered in favor of Elkwood Associates, LLC, and against all other parties quieting title to the real property known as 910 North Rexford Drive, Beverly Hills, California 90210. The parties to this action shall bear their own fees and costs in this action. (iv) |
Filing 40
STATEMENT OF DECISION ON (1) MOTION FOR ENTRY OF STIPULATED JUDGMENT, AND (2) MOTION TO VACATE MARCH 20, 2020 MINUTE ORDER, JUDGMENT, AND FINDINGS OF FACT AND CONCLUSIONS OF LAW by Judge John F. Walter. SEE ORDER FOR DETAILS. (iv)
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Filing 39
MINUTES (IN CHAMBERS) ORDER GRANTING MOTION TO VACATE MARCH 20, 2020 MINUTE ORDER, JUDGMENT, AND FINDINGS OF FACT AND CONCLUSIONS OF LAW [filed 4/16/20; Docket No. #29 ]; and ORDER GRANTING MOTION FOR ENTRY OF STIPULATED JUDGMENT [filed 6/4/20; Docket No. #32 ] by Judge John F. Walter. The Court GRANTS the Elkwood Parties' Motion to Vacate and Motion for Entry of Stipulated Judgment. (iv)
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| Filing 38 DECLARATION of Daniel J. McCarthy in support of NOTICE OF MOTION AND MOTION to Vacate Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, #28 Notice of Motion and Motion to Vacate March 20, 2020 Minute Order, Judgment, and Findings of Fact and Conclusions of Law #29 [Report and Declaration of Daniel J. McCarthy re: Satisfaction of all Conditions to Hearing Proceeding On: (1) Motion for Entry of Stipulated Judgment, and (2) Motion to Vacate March 20, 2020 Minute Order, Judgment, and Findings of Fact and Conclusions of Law] filed by Defendants Elkwood Associates, LLC, Fieldbrook, Inc.. (Attachments: #1 Exhibit A and B)(McCarthy, Daniel) |
| Filing 37 NOTICE OF LODGING filed Notice of Lodging: Stipulated Judgment Quieting Title to Real Property; and Proposed Statement of Decision on (1) Motion for Entry of Stipulated Judgment, and (2) Motion to Vacate March 20, 2020 Minute Order, Judgment, and Findings of Fact and Conclusions of Law re Motion Related Document,, #32 , Order, #3 (Attachments: #1 Exhibit A - Stipulated Judgment and B - Proposed Statement of Decision)(McCarthy, Daniel) |
| Filing 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #35 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Errata. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom) |
| Filing 35 NOTICE of Errata to Notice of Motion and Motion for Entry of Stipulated Judgment filed by Defendants, Counterclaimants, Cross-Complainants and Counterdefendants Elkwood Associates, LLC, Fieldbrook, Inc.. (McCarthy, Daniel) |
| Filing 34 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Vacate Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, #28 Notice of Motion and Motion to Vacate March 20, 2020 Minute Order, Judgment, and Findings of Fact and Conclusions of Law #29 filed by Defendants Elkwood Associates, LLC, Fieldbrook, Inc.. (Attachments: #1 Exhibit A and B)(McCarthy, Daniel) |
| Filing 33 JOINT STATEMENT of Regarding: (1) Motion And Motion To Vacate March 20, 2020 Minute Order, Judgment, And Findings Of Fact And Conclusions Of Law; And (2) Motion For Entry Of Stipulated Judgment NOTICE OF MOTION AND MOTION to Vacate Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, #28 Notice of Motion and Motion to Vacate March 20, 2020 Minute Order, Judgment, and Findings of Fact and Conclusions of Law #29 filed by Defendants Elkwood Associates, LLC, Fieldbrook, Inc.. (McCarthy, Daniel) |
| Filing 32 Notice Of Motion And Motion For Entry Of Stipulated Judgment; Memorandum Of Points And Authorities; Declaration Of Daniel J. Mccarthy re NOTICE OF MOTION AND MOTION to Vacate Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, #28 Notice of Motion and Motion to Vacate March 20, 2020 Minute Order, Judgment, and Findings of Fact and Conclusions of Law #29 filed by Defendants Elkwood Associates, LLC, Fieldbrook, Inc.. (Attachments: #1 Exhibit A - C to Motion of Entry for Stipulated Judgement)(McCarthy, Daniel) |
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Filing 31
ORDER CONTINUING HEARING ON MOTION TO VACATE MARCH 20, 2020 MINUTE ORDER, JUDGMENT, AND FINDINGS OF FACT AND CONCLUSIONS OF LAW #30 by Judge John F. Walter. IT IS HEREBY ORDERED:1. The Stipulation is approved such that the hearing on the "Motion toVacate the March 20, 2020 Minute Order, Judgment, and Findings of Fact andConclusions of Law" [ docket no. 29] is continued from May 18, 2020, at 1:30 p.m. to July 6, 2020, at 1:30 p.m. (lom)
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| Filing 30 STIPULATION to Continue Hearing On Motion To Vacate March 20, 2020 Minute Order, Judgment, And Findings Of Fact And Conclusions Of Law from May 18, 2020 to July 6, 2020 Re: NOTICE OF MOTION AND MOTION to Vacate Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, #28 Notice of Motion and Motion to Vacate March 20, 2020 Minute Order, Judgment, and Findings of Fact and Conclusions of Law #29 filed by Defendants, Counterclaimants, Cross-Complainants and Counterdefendants Elkwood Associates, LLC, Fieldbrook, Inc.. (Attachments: #1 Proposed Order Order Continuing Hearing On Motion To Vacate March 20, 2020 Minute Order, Judgment, And Findings Of Fact And Conclusions Of Law)(McCarthy, Daniel) |
| Filing 29 NOTICE OF MOTION AND MOTION to Vacate Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, #28 Notice of Motion and Motion to Vacate March 20, 2020 Minute Order, Judgment, and Findings of Fact and Conclusions of Law; Memorandum of Points and Authorities; Declaration of Daniel J. McCarthy filed by Defendant/Judgment Debtor Elkwood Associates, LLC, Fieldbrook, Inc.. Motion set for hearing on 5/18/2020 at 01:30 PM before Judge John F. Walter. (McCarthy, Daniel) |
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Filing 28
MINUTES (IN CHAMBERS) ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF BANKRUPTCY JUDGE [Docket No. #2 ] by Judge John F. Walter. After conducting a de novo review of the those matters to which the Elkwood Parties have objected, the Court accepts and adopts the Bankruptcy Judge's Report and Recommendation in its entirety. The Court adopts and signs the proposed Findings of Fact and Conclusions of Law and the proposed Judgment re Quiet Title (attached as Exhibits D and E to the Report and Recommendation). (Made JS-6. Case Terminated.) (iv)
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| Filing 27 APPENDIX filed by Plaintiff David K. Gottlieb. Re: Response #26 to Objection to Recommended Judgment and Findings of Fact and Conclusions of Law (Richards, Jeremy) |
| Filing 26 RESPONSE filed by Plaintiff David K. Gottliebto Objection #24 to Objection to Recommended Judgment and Findings of Fact and Conclusions of Law (Richards, Jeremy) |
| Filing 25 APPENDIX filed by Defendants Elkwood Associates, LLC, Fieldbrook, Inc.. Re: Objection #24 Appendix in Support of Objection to Recommended Judgment and Findings of Fact and Conclusions of Law (Attachments: #1 Exhibit 1 - 6, #2 Exhibit 7 - 22)(McCarthy, Daniel) |
| Filing 24 OBJECTIONS to Order #2 Objection to Recommended Judgment and Findings of Fact and Conclusions of Law filed by Defendants Elkwood Associates, LLC, Fieldbrook, Inc.. (McCarthy, Daniel) |
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Filing 23
ORDER DENYING STIPULATION TO VACATE DECEMBER 10, 2019 RULINGS #13 by Judge John F. Walter. DENIED BY ORDER OF THE COURT AS MOOT. (iv)
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Filing 22
MINUTES (IN CHAMBERS) ORDER GRANTING MOTION TO VACATE DECEMBER 10, 2019 MINUTE ORDER, JUDGMENT AND FINDINGS OF FACT AND CONCLUSIONS OF LAW [filed 1/6/2020; Docket No. #14 ] by Judge John F. Walter. The Court's Order, Judgment and Findings of Fact and Conclusions of Law, which were entered on December 10, 2019 [Docket Nos. 9, 10, 11] are hereby VACATED. The Court sets a briefing schedule as follows: The Elkwood Parties shall file, on or before February 24, 2020, their Objections (not to exceed 25 pages, exclusive of exhibits) to entry by this Court of the proposed Findings of Fact and Conclusions of Law and the proposed Judgment. SEE ORDER FOR DETAILS. (iv)
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Filing 21
MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION MOTION TO VACATE DECEMBER 10, 2019 MINUTE ORDER, JUDGMENT AND FINDINGS OF FACT AND CONCLUSIONS OF LAW [filed 1/6/2020; Docket No. #14 ] by Judge John F. Walter. The Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for February 10, 2020 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
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| Filing 20 NOTICE OF LODGING filed [Proposed] Order and Statement of Decision on Motion to Vacate December 10, 2019 Minute Order, Judgment and Findings of Fact and Conclusions of Law re Reply (Motion related), #19 (Attachments: #1 Proposed Order and Statement of Decision on Motion to Vacate December 10, 2019 Minute Order, Judgment and Findings of Fact and Conclusions of Law)(McCarthy, Daniel) |
| Filing 19 REPLY in Support NOTICE OF MOTION AND MOTION to Vacate Minutes of In Chambers Order/Directive - no proceeding held, #9 [Notice of Motion and Motion to Vacate December 10, 2019 Minute Order, Judgment and Findings of Fact and Conclusions of Law; Memorandum of Po #14 filed by Defendants Elkwood Associates, LLC, Fieldbrook, Inc.. (McCarthy, Daniel) |
| Filing 18 STATEMENT Statement of Chapter 7 Trustee and Abselet Parties re Motion to Vacate December 10, 2019 Minute Order, Judgment and Findings of Fact and Conclusions of Law filed by Plaintiff David K. Gottlieb re: Order #11 . (Richards, Jeremy) |
| Filing 17 NOTICE OF LODGING filed Proposed Order on "Motion to Vacate December 10, 2019 Minute Order, Judgment and Findings of Fact and Conclusions of Law" [Docket No. 14] in Response to Notice to Filer of Deficiencies [Docket No. 16] re NOTICE OF MOTION AND MOTION to Vacate Minutes of In Chambers Order/Directive - no proceeding held, #9 [Notice of Motion and Motion to Vacate December 10, 2019 Minute Order, Judgment and Findings of Fact and Conclusions of Law; Memorandum of Po #14 , Deficiency in Electronically Filed Documents (G-112A) - optional html form,, #16 (Attachments: #1 Proposed Order Order Granting Stipulation to Vacate December 10, 2019 Rulings [Docket Nos. 9, 10 and 11] and to Set Briefing Schedule on Objections to on Bankruptcy Courts Report and Recommendation)(McCarthy, Daniel) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Vacate #14 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) |
| Filing 15 NOTICE of Interested Parties filed by Defendants, Counterclaimants, Cross-Complainants and Counterdefendants Elkwood Associates, LLC, Fieldbrook, Inc., Reliable Properties, Inc., Jack Nourafshan, identifying Howard Abselet; Israel Abselet; David K. Gottlieb, trustee for Solyman; Yashouafar and Massoud Aaron Yashouafar Soda Partners, LLC; J.P. Morgan Chase Bank, N.A; Fereydoun Dayani; DMARC 2007-CD5 Garden Street LLC; Citivest Financial Services, Inc.; Edward Mazzarino; Chase Manhattan Mortgage Co.; J.P. Morgan Chase Custody Services, Inc.; Quality Loan Service Corporation; State Street Bank & Trust; Solyman Yashouafar, trustee; Massoud Aaron Yashouafar, trustee; Elkwood Associates, LLC; Fieldbrook, Inc.; Reliable Properties; Jack Nourafshan; Pacific Western Bank; Creditors in chapter 7 cases of Solyman Yashouafar and Massoud Aaron Yashouafar. (Attorney Daniel J McCarthy added to party Reliable Properties, Inc.(pty:cd), Attorney Daniel J McCarthy added to party Jack Nourafshan(pty:cd))(McCarthy, Daniel) |
| Filing 14 NOTICE OF MOTION AND MOTION to Vacate Minutes of In Chambers Order/Directive - no proceeding held, #9 [Notice of Motion and Motion to Vacate December 10, 2019 Minute Order, Judgment and Findings of Fact and Conclusions of Law; Memorandum of Points and Authorities; Declaration of Daniel J. McCarthy] filed by Defendants, Counterclaimants, Cross-Complainants and Counterdefendants Elkwood Associates, LLC, Fieldbrook, Inc.. Motion set for hearing on 2/10/2020 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Exhibit A-H) (McCarthy, Daniel) |
| Filing 13 STIPULATION to Vacate December 10, 2019 Rulings and to Set Briefing Schedule on Objections to Bankruptcy Court's Report and Recommendation Judgment #10 , Minutes of In Chambers Order/Directive - no proceeding held, #9 , Order #11 filed by Defendants, Counterclaimants, Cross-Complainants and Counterdefendants Elkwood Associates, LLC, Fieldbrook, Inc.. (Attachments: #1 Proposed Order Order Granting Stipulation to Vacate December 10, 2019 Rulings [Docket Nos. 9, 10 and 11] and to Set Briefing Schedule on Objections to on Bankruptcy Courts Report and Recommendation)(McCarthy, Daniel) |
| Filing 12 Notice of Appearance or Withdrawal of Counsel: for attorney Henry Stuart David counsel for Defendants Howard Abselet, Israel Abselet. Adding Henry S. David as counsel of record for Howard L. Abselet and Israel Abselet for the reason indicated in the G-123 Notice. Filed by Defendants Howard L. Abselet and Israel Abselet. (Attorney Henry Stuart David added to party Howard Abselet(pty:dft), Attorney Henry Stuart David added to party Israel Abselet(pty:dft))(David, Henry) |
| Filing 11 FINDINGS OF FACT AND CONCLUSIONS OF LAW RE PLAINTIFF'S FIRST CLAIM FOR RELIEF (QUIET TITLE) AGAINST DEFENDANT ELKWOOD by Judge John F. Walter. SEE ORDER FOR DETAILS. (iv) |
| Filing 10 JUDGMENT ON TRUSTEE'S FIRST CLAIM FOR RELIEF (QUIET TITLE) by Judge John F. Walter. Judgment is hereby entered in favor of the Trustee and against the Elkwood Defendants. SEE ORDER FOR DETAILS. (iv) |
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Filing 9
MINUTES (IN CHAMBERS) ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF BANKRUPTCY JUDGE [Docket No. #2 ] by Judge John F. Walter. The Court has conducted a de novo review of the proposed findings of fact and conclusions of law, and accepts and adopts the Bankruptcy Judge's Report and Recommendation in its entirety. The Court adopts and signs the proposed Findings of Fact and Conclusions of Law and the proposed Judgment re Quiet Title. (iv)
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| Filing 8 PROOF OF SERVICE filed by Defendants, Counterclaimants, Cross-Complainants and Counterdefendants Elkwood Associates, LLC, Fieldbrook, Inc., re Declaration #6 , Notice (Other), #5 served on December 3, 2019. (McCarthy, Daniel) |
| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Daniel J McCarthy counsel for Defendants Elkwood Associates, LLC, Fieldbrook, Inc., Counter Defendants Jack Nourafshan, Reliable Properties. Adding Daniel J. McCarthy as counsel of record for Elkwood Associates, LLC, Fieldbrook, Inc., Reliable Properties and Jack Nourafshan for the reason indicated in the G-123 Notice. Filed by Defendants, Counterclaimants, Cross-Complainants and Counterdefendants Elkwood Associates, LLC, Fieldbrook, Inc., Reliable Properties and Jack Nourafshan. (Attorney Daniel J McCarthy added to party Elkwood Associates, LLC(pty:dft), Attorney Daniel J McCarthy added to party Fieldbrook, Inc.(pty:dft), Attorney Daniel J McCarthy added to party Jack Nourafshan(pty:cd), Attorney Daniel J McCarthy added to party Reliable Properties(pty:cd))(McCarthy, Daniel) |
| Filing 6 DECLARATION of Jeremy V. Richards Declaration of Lead Trial Counsel re: Compliance with Local Rules Governing Electronic Filing filed by Plaintiff David K. Gottlieb. (Richards, Jeremy) |
| Filing 5 NOTICE of Intention to File Motion Objecting to Bankruptcy Courts Report and Recommendation to the District Court re Entry of Judgment on First Claim for Relief (Quiet Title) filed by Defendants, Counterclaimants, Cross-Complainants and Counterdefendants Elkwood Associates, LLC, Fieldbrook, Inc., Jack Nourafshan, Reliable Properties. (McCarthy, Daniel) |
| Filing 4 DECLARATION of Daniel J. McCarthy [Lead Counsel re: Compliance with Local Rules Governing Electronic Filing] filed by Defendants Elkwood Associates, LLC, Fieldbrook, Inc., Counter Defendants Reliable Properties, Jack Nourafshan. (McCarthy, Daniel) |
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Filing 3
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. Both the Court and counsel1 bear responsibility for the progress of litigation in Federal Court. (SEE ORDER FOR FURTHER DETAILS) (yl)
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| Filing 2 REPORT AND RECOMMENDATION TO THE DISTRICT COURT RE ENTRY OF JUDGMENT ON FIRST CLAIM FOR RELIEF (QUIET TITLE) signed by U.S. Bankrutpcy Judge Maureen A. Tighe. (Attachments: #1 USBC Docket) (car) |
| Filing 1 NOTICE OF REFERRAL OF BANKRUPTCY MATTER: Re: REPORT AND RECOMMENDATION TO THE DISTRICT COURT RE ENTRY OF JUDGMENT ON FIRST CLAIM FOR RELIEF (QUIET TITLE) entered on 11/13/19 by Bankruptcy Judge Geraldine Mund, received and assigned to Judge John F. Walter for all further proceedings. Bankruptcy Court case number: 1:16-bk-12255-GM, Adversary number: 1:17-ap-01040-MT, BAP case number: NONE. (car) |
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