CNA National Warranty Corporation v. RHN, INC. et al
| CNA National Warranty Corporation |
| Hooman Nissani, Melody Nissani, RHH Automotive, Inc., RHN, INC., R & H Automotive Group, Inc., RHC Automotive, Inc., NBA Automotive, Inc., RHH Automotive, Inc. a California Corporation doing business as Nissani Brothers Hyundai, RHN, Inc. a California Corporation doing business as Nissani Brothers Nissan, R and H Automotive Group, Inc. a California corporation doing business as Nissani Brothers Acura, NBA Automotive, Inc. a California Corporation doing business as Nissani Brothers Chevrolet and RHC Automotive, Inc. a California Corporation doing business as Nissani Brothers Jeep Chrysler Dodge |
| 2:2020cv04595 |
| May 21, 2020 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Alka Sagar |
| Patrick J Walsh |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 109 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Hooman Nissani on 4/14/2021. Remarks: Mailing: Proof of Service by Mail. (pj) |
| Filing 108 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Melody Nissani on 4/26/2021. Remarks: Mailing: Proof of Service by Mail. See attached for further details. (pj) |
| Filing 107 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Melody Nissani on 4/14/2021. Remarks: Posting; Proof of Service of Notice of Attachment; Writ of Attachment; right of to attach order after hearing and order of issuance of writ of attachment. See attached for further details. (pj) |
| Filing 106 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Hooman Nissani on 4/12/2021. Remarks: Posting. See attached for further details (pj) |
| Filing 105 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Melody Nissani on 4/12/2021. Remarks: Recording. See attached for further details. (pj) Modified on 5/21/2021 (pj). |
Filing 104
ORDER by Judge Cormac J. Carney: Granting #103 Request to Substitute Attorney. Added attorney Duncan James McCreary for NBA Automotive, Inc.,Duncan James McCreary for Hooman Nissani,Duncan James McCreary for Melody Nissani,Duncan James McCreary for R and H Automotive Group, Inc.,Duncan James McCreary for RHC Automotive, Inc.,Duncan James McCreary for RHH Automotive, Inc.,Duncan James McCreary for RHN, Inc. (twdb)
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| Filing 103 REQUEST TO SUBSTITUTE ATTORNEY Duncan McCreary in place of attorney Kerry Garvis Wright and William Mullen filed by Defendants NBA Automotive, Inc., Hooman Nissani, Melody Nissani, R and H Automotive Group, Inc., RHC Automotive, Inc., RHH Automotive, Inc., RHN, Inc.. (Attachments: #1 Supplement Request for Approval of Substitution of Counsel for Defendant Melody Nissani, #2 Proposed Order (Proposed) Order on Request for Approval of Substitution of Attorney) (Mullen, William) |
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Filing 102
ORDER GRANTING SPECIAL APPOINTMENT TO SERVE PROCESS #101 by Magistrate Judge Alka Sagar. All-N-One is specially appointed and may serve the Writs, and any further writs issued in this action. (hr)
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| Filing 101 REQUEST for Order for Special Appointment to Serve Process filed by Plaintiff CNA National Warranty Corporation. (Attachments: #1 Declaration, #2 Proposed Order) (Attorney Thomas Joseph Lloyd added to party CNA National Warranty Corporation(pty:pla)) (Lloyd, Thomas) |
| Filing 100 NOTICE OF FILING TRANSCRIPT filed for proceedings 12/1/20 re Transcript #99 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY Modified on 1/8/2021 (ha). |
| Filing 99 TRANSCRIPT for proceedings held on 12/1/20. Court Reporter/Electronic Court Recorder: Babykin Courthouse Services, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/27/2021. Redacted Transcript Deadline set for 2/8/2021. Release of Transcript Restriction set for 4/6/2021. (ha) |
| Filing 98 TRANSCRIPT ORDER as to PLAINTIFF CNA National Warranty Corporation for Court Smart (CS). Court will contact Kelly Sanderson at kelly.sanderson@squirepb.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Godwin, G.) |
| Filing 97 Amendment to Attachment BOND in the amount of $ 10,000 posted by Plaintiff CNA National Warranty Corporation (Godwin, G.) |
| Filing 96 WRIT OF ATTACHMENT AFTER HEARING Issued re: Melody Nissani. (hr) |
| Filing 95 WRIT OF ATTACHMENT AFTER HEARING Issued re: Hooman Nissani. (hr) |
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Filing 94
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING re: Melody Nissani by Magistrate Judge Alka Sagar. (see document for details) (hr)
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Filing 93
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING re: Hooman Nissani by Magistrate Judge Alka Sagar. (see document for details) (hr)
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| Filing 92 MINUTES OF Order GRANTING Plaintiff's Motion For Partial Lift Of Stay And Right To Attach Order And Order For Issuance Of Writ Of Attachment (Dkt. Nos. #58 , #60 , #62 ) held before Magistrate Judge Alka Sagar. Plaintiff's application for a right to attach order and issuance of a writ of attachment against property belonging to Defendants Hooman Nissani and Melody Nissani, in the amount of $5,812,284 is GRANTED. (see document for further details) Court Recorder: AT&T 12/01/2020. (hr) |
| Filing 91 NOTICE Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 90 PROCESS RECEIPT AND RETURN (USM-285) Writ of Attachment, returned executed upon California Secretary of State on 11/13/20. Remarks: none. (twdb) |
| Filing 89 NOTICE Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 88 NOTICE Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 87 NOTICE of attachment filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 86 NOTICE OF Attachment LIEN filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 85 NOTICE of attachment filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 84 Writ of Attachment after hearing filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 83 Writ of Attachment after hearing filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 82 Writ of Attachment after hearing filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 81 NOTICE Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 80 NOTICE of attachment filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 79 NOTICE Writ of Attachment after hearing filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 78 NOTICE Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 77 NOTICE of attachment filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 76 NOTICE of writ of attachment filed by plaintiff CNA National Warranty Corporation. (twdb) . |
| Filing 75 NOTICE of attachment filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 74 NOTICE of right to attach order and order for issuance of writ of attachment after hearing filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 73 PROCESS RECEIPT AND RETURN (USM-285) writ of attachment serve at California Secretary of State on 11/13/20 (twdb) |
| Filing 72 PROCESS RECEIPT AND RETURN (USM-285) Writ of Attachment serve at California Secretary of State on 11/13/20. (twdb) |
| Filing 71 PROCESS RECEIPT AND RETURN (USM-285) Writ of Attachment, Serve at California Secretary of State 11/13/20. (twdb) |
| Filing 70 NOTICE OF Attachment LIEN filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 69 PROCESS RECEIPT AND RETURN (USM-285) Writ of Attachment, NBA Automotive Inc dba Nissani Brothers Chevrolet. (twdb) |
| Filing 68 NOTICE OF Attachment LIEN filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 67 NOTICE OF Attachment LIEN filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 66 NOTICE OF Attachment LIEN filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 65 NOTICE OF Attachment LIEN filed by plaintiff CNA National Warranty Corporation. (twdb) |
| Filing 64 Notice of Appearance or Withdrawal of Counsel: for attorney William Colin Mullen counsel for Defendants NBA Automotive, Inc., Hooman Nissani, Melody Nissani, R and H Automotive Group, Inc., RHC Automotive, Inc., RHH Automotive, Inc., RHN, Inc.. Adding PATRICIA L. GLASER as counsel of record for DEFENDANTS RHN, INC., RHH AUTOMOTIVE, INC., RHC AUTOMOTIVE, INC., NBA AUTOMOTIVE, INC., R & H AUTOMOTIVE GROUP, INC., HOOMAN NISSANI AND MELODY NISSANI for the reason indicated in the G-123 Notice. Filed by Defendants RHN, INC., et al.. (Mullen, William) |
| Filing 63 SCHEDULING NOTICE by Magistrate Judge Alka Sagar. Pursuant to the Continuity of Operations ("COOP") Plan for the Central District of California (See Order of the Chief Judge 20-09, available at www.cacd.uscourts.gov.), the hearing re: APPLICATION to Lift Stay re Partial Lift of Stay of Matter and Right to Attach Order and Order for Issuance of Writ of Attachment #58 , will be heard by telephone conference on the same date. The hearing time is moved from 10:00 a.m. to 11:00 a.m. The call-in number and password will be e-mailed to the parties THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY |
| Filing 62 REPLY IN SUPPORT APPLICATION to Lift Stay re Partial Lift of Stay of Matter and Right to Attach Order and Order for Issuance of Writ of Attachment #58 filed by Plaintiff CNA National Warranty Corporation. (Godwin, G.) |
| Filing 61 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MEMORANDUM in Opposition #60 . The following error(s) was/were found: Pages 1 & 2 (form AT-155) are not U.S. District Court approved forms. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr) |
| Filing 60 MEMORANDUM in Opposition to APPLICATION to Lift Stay re Partial Lift of Stay of Matter and Right to Attach Order and Order for Issuance of Writ of Attachment #58 filed by Defendants NBA Automotive, Inc., Hooman Nissani, Melody Nissani, R and H Automotive Group, Inc., RHC Automotive, Inc., RHH Automotive, Inc., RHN, Inc.. (Attachments: #1 Memorandum Defendants' Opposition to Plaintiff's Application for Right to Attach Order, #2 Declaration Declaration of Hooman Nissani, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10, #13 Declaration Declaration of William Mullen, #14 Exhibit Exhibit 11, #15 Exhibit Exhibit 12, #16 Exhibit Exhibit 13)(Mullen, William) |
| Filing 59 PROOF OF SERVICE filed by PLAINTIFF CNA National Warranty Corporation, re APPLICATION to Lift Stay re Partial Lift of Stay of Matter and Right to Attach Order and Order for Issuance of Writ of Attachment #58 served on October 30, 2020. (Godwin, G.) |
| Filing 58 APPLICATION to Lift Stay re Partial Lift of Stay of Matter and Right to Attach Order and Order for Issuance of Writ of Attachment filed by PLAINTIFF CNA National Warranty Corporation. Application set for hearing on 12/1/2020 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 Proposed Order Notice of Application and Hearing for Right to Attach Order/Order for Issuance of Writ of Attachment (Hooman Nissani), #2 Proposed Order Notice of Application and Hearing for Right to Attach Order/Order for Issuance of Writ of Attachment (Melody Nissani), #3 Proposed Order Application for Right to Attach Order and Order for Issuance of Writ of Attachment - Hooman and Melody Nissani, #4 Memorandum Memorandum of Points and Authorities ISO Application for Right to Attach Order and Order for Issuance of Writ of Attachment, #5 Declaration Declaration of John K. Loughlin ISO CNAN's Application for Right to Attach Order and Order for Issuance of Writ of Attachment, #6 Declaration Declaration of Elliott Joh ISO CNAN's Application for Right to Attach Order and Order for Issuance of Writ of Attachment, #7 Proposed Order Right to Attach Order/Order for Issuance of Writ of Attachment After Hearing (Hooman Nissani), #8 Proposed Order Right to Attach Order/Order for Issuance of Writ of Attachment After Hearing (Melody Nissani), #9 Proposed Order Writ of Attachment After Hearing (Hooman Nissani), #10 Proposed Order Writ of Attachment After Hearing (Melody Nissani), #11 Proposed Order Notice of Attachment (Hooman Nissani), #12 Proposed Order Notice of Attachment (Melody Nissani)) (Godwin, G.) |
| Filing 57 WRIT OF ATTACHMENT AFTER HEARING issued re: property of Defendant NBA Automotive, Inc. dba Nissani Brothers Chevrolet. (hr) |
| Filing 56 WRIT OF ATTACHMENT AFTER HEARING issued re: property of Defendant R&H Automotive Group, Inc. dba Nissani Brothers Acura. (hr) |
| Filing 55 WRIT OF ATTACHMENT AFTER HEARING issued re: property of Defendant RHC Automotive, Inc. dba Nissani Brothers Jeep Chrysler Dodge. (hr) |
| Filing 54 WRIT OF ATTACHMENT AFTER HEARING issued re: property of Defendant RHH Automotive, Inc. dba Nissani Brothers Hyundai. (hr) |
| Filing 53 WRIT OF ATTACHMENT AFTER HEARING issued re: property of Defendant RHN, Inc. dba Nissani Brothers Nissan. (hr) |
| Filing 52 Attachment BOND in the amount of $ 10,000 posted by Plaintiff CNA National Warranty Corporation (Attachments: #1 Proposed Order Writ of Attachment (After Hearing) (RHN), #2 Proposed Order Writ of Attachment (After Hearing) (RHH), #3 Proposed Order Writ of Attachment (After Hearing) (RHC), #4 Proposed Order Writ of Attachment (After Hearing)(R&H), #5 Proposed Order Writ of Attachment (After Hearing (NBA)) (Godwin, G) |
| Filing 51 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Alka Sagar for any discovery and/or post-judgment matters that may be referred. Case number will now read as 2:20-cv-04595 CJC(ASx). (rn) |
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Filing 50
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING by Magistrate Judge Patrick J. Walsh. (es)
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Filing 49
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OFATTACHMENT AFTER HEARING by Magistrate Judge Patrick J. Walsh. (es)
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Filing 48
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING by Magistrate Judge Patrick J. Walsh. (es)
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Filing 47
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING by Magistrate Judge Patrick J. Walsh. (es)
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Filing 46
RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING by Magistrate Judge Patrick J. Walsh. (es)
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| Filing 45 NOTICE of Entry of ORDER DENYING DEFENDANTS MOTION TO DISMISS, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE, re: Order on Motion for Writ,, Motion Hearing, #35 , Order,, Terminated Case,, Set/Clear Flags, #42 , Minutes of In Chambers Order/Directive - no proceeding held,, #37 , filed by PLAINTIFF CNA National Warranty Corporation. (Attachments: #1 Proposed Order Right to Attach Order After Hearing and Order for Issuance of Writ Attachment (RHN, Inc.), #2 Proposed Order Right to Attach Order After Hearing and Order for Issuance of Writ Attachment (RHH), #3 Proposed Order Right to Attach Order After Hearing and Order for Issuance of Writ Attachment (RHC), #4 Proposed Order Right to Attach Order After Hearing and Order for Issuance of Writ Attachment (NBA), #5 Proposed Order Right to Attach Order After Hearing and Order for Issuance of Writ Attachment (R+H)))(Godwin, G) |
| Filing 44 NOTICE OF ERRATA filed by Plaintiff CNA National Warranty Corporation. correcting Notice of Entry of Decision or Ruling by a Judge of this Court, #43 (Godwin, G) |
| Filing 43 NOTICE of Entry of ORDER DENYING DEFENDANTS MOTION TO DISMISS, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE, re: Order on Motion for Writ,, Motion Hearing, #35 , Order,, Terminated Case,, Set/Clear Flags, #42 , filed by PLAINTIFF CNA National Warranty Corporation. (Godwin, G) |
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Filing 42
ORDER DENYING DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT FOR FAILURE TO STATE A CLAIM, OR IN THE ALTERNATIVE, TO TRANSFER VENUE [Dkt. #26 , AND STAYING CASE PENDING OUTCOME OF ARIZONA ACTION by Judge Cormac J. Carney. The parties are DIRECTED to file a joint status report within 5 days of the disposition of that Action. (Made JS-6. Case Terminated.) (twdb)
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| Filing 41 Certification and NOTICE of Interested Parties filed by Defendants All Defendants, (Mullen, William) |
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Filing 40
ORDER GRANTING PLAINTIFF CNA NATIONAL WARRANTY CORPORATION'S REQUEST TO SUPPLEMENT AUTHORITIES IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE #38 by Magistrate Judge Patrick J. Walsh. (See document for details.) (es)
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| Filing 39 OBJECTION in support of re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint , Or, In The Alternative, To Transfer Venue #26 Re. Plaintiff's Request for Order to Supplement Authorities in Opposition to Motion to Dismiss filed by Defendants NBA Automotive, Inc., Hooman Nissani, Melody Nissani, R and H Automotive Group, Inc., RHC Automotive, Inc., RHH Automotive, Inc., RHN, Inc.. (Mullen, William) |
| Filing 38 [PLAINTIFF CNA NATIONAL, WARRANTY CORPORATION'S REQUEST FOR ORDER TO SUPPLEMENT AUTHORITIES IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE filed as] SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint , Or, In The Alternative, To Transfer Venue #26 Request for Order to Supplement Authorities in Opposition to Defendants' Motion to Dismiss, or, in the Alternative, to Tranfer Venue filed by Plaintiff CNA National Warranty Corporation. (Attachments: #1 Proposed Order Proposed Order Granting Plaintiff CNA National Warranty Corporation's Request to Supplement Authorities in Opposition to Defendants' Motion to Dismiss, Or in the Alternative, to Transfer Venue)(Godwin, G) Modified on 8/12/2020 (es). |
| Filing 37 MINUTES (IN CHAMBERS) Re: Plaintiff's Application for Writ of Attachment (Doc. 14) by Magistrate Judge Patrick J. Walsh: On August 7, 2020, the Court heard argument on the application, and now rules as follows: Plaintiff has met the requirements for a writ of attachment under California Code Civil Procedure 484.090 and the attachment it seeks is based on a "readily ascertainable amount." The attachment order will issue on the condition that the District Court denies Defendants' motion to dismiss, the hearing on which is set for August 24, 2020. [See document for details.] (es) Modified on 8/20/2020 (es). |
| Filing 36 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint , Or, In The Alternative, To Transfer Venue #26 filed by Defendants NBA Automotive, Inc., Hooman Nissani, Melody Nissani, R and H Automotive Group, Inc., RHC Automotive, Inc., RHH Automotive, Inc., RHN, Inc.. (Attachments: #1 Declaration Supplemental Declaration of William Mullen)(Mullen, William) |
| Filing 35 MINUTES OF Application for Writ of Attachment (Doc. 14) Hearing held before Magistrate Judge Patrick J. Walsh: The Court heard argument on Plaintiff's application for a writ of attachment. The matter is taken under submission. Court Reporter: AT&T 8/7/20. (es) |
| Filing 34 REQUEST FOR JUDICIAL NOTICE re APPLICATION for Writ of Writ of Attachment Plaintiff CNA National Warranty Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment #14 Request for Judicial Notice in Support of Plaintiff CNA National Warranty Corporation's Objection in Response to July 31, 2020 Declaraqtions of Hooman Nissani and William Mullen filed by Plaintiff CNA National Warranty Corporation. (Godwin, G) |
| Filing 33 OBJECTION opposition re: APPLICATION for Writ of Writ of Attachment Plaintiff CNA National Warranty Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment #14 filed by Plaintiff CNA National Warranty Corporation. (Attachments: #1 Declaration Declaration of J. Loughlin in Support of CNAN's Objection in Response to July 31, 2020 Declarations of Hooman Nissani and William Mullen)(Godwin, G) |
| Filing 32 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint , Or, In The Alternative, To Transfer Venue #26 filed by Plaintiff CNA National Warranty Corporation. (Attachments: #1 Declaration Declaration of Elliott Joh In Support of Plaintiff's Oopposition to Defendants' Motion to Dimiss, or, in the Alternative, to Transfer Venue)(Godwin, G) |
| Filing 31 DECLARATION of William Mullen in opposition to APPLICATION for Writ of Writ of Attachment Plaintiff CNA National Warranty Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment #14 , and in support of Defendants' Opposition to Plaintiff's Application for Writ of Attachment, filed by Defendants NBA Automotive, Inc., R and H Automotive Group, Inc., RHC Automotive, Inc., RHH Automotive, Inc., RHN, Inc.. (Mullen, William) |
| Filing 30 DECLARATION of Hooman Nissani in opposition to APPLICATION for Writ of Writ of Attachment Plaintiff CNA National Warranty Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment #14 , and in support of Defendants' Opposition to Plaintiff's Application for Writ of Attachment, filed by Defendants NBA Automotive, Inc., R and H Automotive Group, Inc., RHC Automotive, Inc., RHH Automotive, Inc., RHN, Inc.. (Attachments: #1 Exhibit Number 4, #2 Exhibit Number 5, #3 Exhibit Number 6, #4 Exhibit Number 7, #5 Exhibit Number 8)(Mullen, William) |
| Filing 29 REQUEST FOR JUDICIAL NOTICE re APPLICATION for Writ of Writ of Attachment Plaintiff CNA National Warranty Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment #14 filed by Plaintiff CNA National Warranty Corporation. (Attachments: #1 Exhibit Exhibit 6 to Request for Judicial Notice in Support of CNAN's Application for Right to Attach Order and Order for Issuance of Writ of Attachment, #2 Exhibit Exhibit 7 to Request for Judicial Notice in Support of CNAN's Application for Right to Attach Order and Order for Issuance of Writ of Attachment)(Godwin, G) |
| Filing 28 REPLY IN SUPPORT APPLICATION for Writ of Writ of Attachment Plaintiff CNA National Warranty Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment #14 filed by Plaintiff CNA National Warranty Corporation. (Godwin, G) |
| Filing 27 Opposition in opposition to re: APPLICATION for Writ of Writ of Attachment Plaintiff CNA National Warranty Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment #14 filed by Defendants NBA Automotive, Inc., R and H Automotive Group, Inc., RHC Automotive, Inc., RHH Automotive, Inc., RHN, Inc.. (Attachments: #1 Memorandum for Defendants' Opposition to Plaintiff's Application for Right to Attach Order and Order for Issuance of Writ of Attachment, #2 Declaration of William Mullen in support of Defendants' Opposition to Plaintiff's Application for Right to Attach Order and Order for Issuance of Writ of Attachment, #3 Declaration of Hooman Nissani in support of Defendants' Opposition to Plaintiff's Application for Right to Attach Order and Order for Issuance of Writ of Attachment)(Mullen, William) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint , Or, In The Alternative, To Transfer Venue filed by Defendants NBA Automotive, Inc., Hooman Nissani, Melody Nissani, R and H Automotive Group, Inc., RHC Automotive, Inc., RHH Automotive, Inc., RHN, Inc.. Motion set for hearing on 8/24/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Declaration of William Mullen in support of Motion of Defendants to Dismiss Plaintiff's Complaint, Or, In The Alternative, To Transfer Venue, #2 Proposed Order Granting Motion of Defendants to Dismiss Plaintiff's Complaint, Or, In The Alternative, To Transfer Venue) (Mullen, William) |
| Filing 25 TEXT ONLY ENTRY: NOTICE TO PARTIES by District Judge Cormac J. Carney. Effective July 13, 2020, Judge Cormac J. Carney will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9B, on the 9th floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9B of the Ronald Reagan Federal Buiding and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Carneys Courtroom Deputy Clerk, may be reached at CJC_Chambers@cacd.uscourts.gov. The location for filing civil and/or criminal documents in paper format exempted from electronic filing is at the Clerks Office, Ronald Reagan Federal Building and U.S. Courthouse, located at 411 W. 4th Street, Santa Ana, California 92701-4516. Documents under this exemption may also be filed in the Los Angeles or Riverside courthouses. Please refer to Judge Carneys Procedures and Schedules Page on the Courts website **UPDATED AS OF JULY 9, 2020** for updated procedures regarding mandatory chambers copies. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
| Filing 24 PROOF OF SERVICE Executed by Plaintiff CNA National Warranty Corporation, upon Defendant Service of the Summons and Complaint were executed upon Melody Nissani - Defendant in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy.Original Summons returned. Proof of Service by Mail on Melody Nissani (Godwin, G) |
| Filing 23 PROOF OF SERVICE Executed by Plaintiff CNA National Warranty Corporation, upon Defendant Melody Nissani served on 6/2/2020, answer due 7/17/2020. Service of the Summons and Complaint were executed upon Derrick Montevosian - Operations Manager in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. Proof of Service on Melody Nissani with Declaration of Diligence (Godwin, G) |
| Filing 22 PROOF OF SERVICE Executed by Defendant CNA National Warranty Corporation, upon Plaintiff Service of the Summons and Complaint were executed upon Hooman Nissani - Defendant in compliance with Federal Rules of Civil Procedure by substituted service by mail and by also mailing a copy.Original Summons returned. Proof of Service by Mail on Hooman Nissani (Godwin, G) |
| Filing 21 PROOF OF SERVICE Executed by Plaintiff CNA National Warranty Corporation, upon Defendant Hooman Nissani served on 6/2/2020, answer due 7/17/2020. Service of the Summons and Complaint were executed upon Derrick Montevosian - Operations Manager in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons returned. Proof of Service on Hooman Nissani with Declaration of Diligence (Godwin, G) |
| Filing 20 PROOF OF SERVICE Executed by Plaintiff CNA National Warranty Corporation, upon Defendant R and H Automotive Group, Inc. served on 6/10/2020, answer due 7/17/2020. Service of the Summons and Complaint were executed upon Bill Murray - Manager in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entitya.Original Summons returned. Proof of Service on R & H Automotive Group, Inc., a California Corporation, dba Nissani Brothers Acura with Declaration of Diligence (Attachments: #1 Proof of Service by Mail on R & H Automomtive Group, Inc., a California Corporation, dba Nissani Brothers Acura)(Godwin, G) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff CNA National Warranty Corporation, upon Defendant NBA Automotive, Inc. served on 6/1/2020, answer due 7/17/2020. Service of the Summons and Complaint were executed upon S. McKay - Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. Proof of Service on NBA Automotive, Inc., a California Corporation, dba Nissani Brothers Chevrolet (Godwin, G) |
| Filing 18 PROOF OF SERVICE Executed by Plaintiff CNA National Warranty Corporation, upon Defendant RHC Automotive, Inc. served on 6/1/2020, answer due 7/17/2020. Service of the Summons and Complaint were executed upon S. McKay - Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. Proof of Service on RHC Automotive, Inc., a California Corporation, dba Nissani Brothers Jeep Chrysler Dodge (Godwin, G) |
| Filing 17 PROOF OF SERVICE Executed by Plaintiff CNA National Warranty Corporation, upon Defendant RHH Automotive, Inc. served on 6/10/2020, answer due 7/17/2020. Service of the Summons and Complaint were executed upon Bill Murray - Manager in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entitya.Original Summons returned. Proof of Service on RHH Automotive, Inc., a California Corporation dba Nissani Brothers Hyundai with Declaration of Diligence (Attachments: #1 Proof of Serivce by Mail on RHH Automotive, Inc., a California Corporation dba Nissani Brothers Hyundai)(Godwin, G) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff CNA National Warranty Corporation, upon Defendant RHN, Inc. served on 6/10/2020, answer due 7/17/2020. Service of the Summons and Complaint were executed upon Bill Murray - Manager in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entitya.Original Summons returned. Proof of Service on RHN, Inc., a California Corporation, dba Nissani Brothers Nissan with Declaration of Diligence (Attachments: #1 Proof of Service by Mail on RHN, Inc., a California Corporation, dba Nissani Brothers Nissan)(Godwin, G) |
| Filing 15 SCHEDULING NOTICE TEXT ONLY ENTRY (IN CHAMBERS) by Magistrate Judge Patrick J. Walsh re: APPLICATION for Writ of Writ of Attachment Plaintiff CNA National Warranty Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment #14 previously scheduled for August 7, 2020 at 1:30 p.m. with Judge Carney has been rescheduled. Telephone Conference set for 8/7/2020 at 1:30 PM before Magistrate Judge Patrick J. Walsh. Call-in information emailed to the parties.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY |
| Filing 14 APPLICATION for Writ of Writ of Attachment Plaintiff CNA National Warranty Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment filed by plaintiff CNA National Warranty Corporation. Application set for hearing on 8/7/2020 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #1 Notice of Plaintiff CNA National Warranty Corporation's Application for Right to Attach Order and order for Issuance of Writ of Attachment, #2 Memorandum, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Right to Attach Order After Hearing and Order for Issaunce of Writ of Attachment (RHN), #9 Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing (RHH Automotive), #10 Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing (RHC Automotive), #11 Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing (NBA Automotive), #12 Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing (R + H Automotive), #13 Writ of Attachment After Hearing (RHN, Inc.), #14 Writ of Attachment After Hearing (RHH Automotive), #15 Writ of Attachment After Hearing (RHC Automotive), #16 Writ of Attachment After Hearing (NBA Automotive), #17 Writ of Attachment After Hearing ( R + H Automotive), #18 Notice of Attachment (R + H), #19 Notice of Attachment (NBA Automotive), #20 Notice of Attachment (RHC Automotive), #21 Notice of Attachment (RHH Automotive), #22 Notice of Attachment (RHN, Inc.), #23 Notice of Application and Hearing for Right to Attach Order and Order for Issuance of Writ of Attachment (RHH Automotive), #24 Notice of Application and Hearing For Right to Attach Order and Order for Issuance of Writ of Attachment (RHC Automotive), #25 Notice of Application and Hearing for Right to Attach Order and Order for Issuance of Writ of Attachment (R + H), #26 Notice of Application and Hearing for Right to Attach Order and Order for Issuance of Writ of Attachment (RHN, Inc.), #27 Notice of Application and Hearing for Right to Attach Order and order for Issuance of Writ of Attachment (NBA Automotive)) (Godwin, G) |
| Filing 13 First STIPULATION Extending Time to Answer the complaint as to All Defendants, re Petition (Attorney Civil Case Opening), #1 filed by Defendants R and H Automotive Group, Inc., RHH Automotive, Inc., Hooman Nissani, RHN, Inc., Melody Nissani, RHC Automotive, Inc., NBA Automotive, Inc..(Attorney William Colin Mullen added to party NBA Automotive, Inc.(pty:dft), Attorney William Colin Mullen added to party Hooman Nissani(pty:dft), Attorney William Colin Mullen added to party Melody Nissani(pty:dft), Attorney William Colin Mullen added to party R and H Automotive Group, Inc. (pty:dft), Attorney William Colin Mullen added to party RHC Automotive, Inc.(pty:dft), Attorney William Colin Mullen added to party RHH Automotive, Inc.(pty:dft), Attorney William Colin Mullen added to party RHN, Inc. (pty:dft))(Mullen, William) |
| Filing 12 SCHEDULING NOTICE TEXT ONLY ENTRY (IN CHAMBERS) by Magistrate Judge Patrick J. Walsh previously scheduled for July 6, 2020 at 1:30 p.m. has been terminated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY |
| Filing 11 Notice of Withdrawal of Motion for Writ,,,,,,,, #10 filed by Plaintiff CNA National Warranty Corporation. (Godwin, G) |
| Filing 10 APPLICATION for Writ of Writ of Attachment Plaintiff CNA National Warranty Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment filed by Plaintiff CNA National Warranty Corporation. Application set for hearing on 7/6/2020 at 01:30 PM before Magistrate Judge Patrick J. Walsh. (Attachments: #1 Notice of Plaintiff CNA National Warranty Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment, #2 Memorandum Plaintiff CNA National Warranty Corporation's Memorandum of Points and Authorities in Support of Application for Right to Attach Order and Order for Issuance of Writ of Attachment, #3 Declaration Declaration of John K. Loughlin in Support of Plaintiff CNA National Warranty Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment, #4 Exhibit A - Signed Overridge Agreement, #5 Exhibit B - Signed Personal Guaranty and Suretyship Agreement, #6 Exhibit C - 2019-02-08 Notice of Material Breach and Notice of Termination of Override Agreement, #7 Exhibit D - Final Spreadsheet, #8 Proposed Order Right to Attach Order (RHN), #9 Proposed Order Right to Attach Order (RHN Automotive), #10 Proposed Order Right to Attach Order (RHC Automotive), #11 Proposed Order Right to Attach Order (NBA Automotive), #12 Proposed Order Right to Attach Order (R&H Automotive), #13 Proposed Order Writ of Attachment (RHN), #14 Proposed Order Writ of Attachment (RHN Automotive), #15 Proposed Order Writ of Attachment (RHC Automotive), #16 Proposed Order Writ of Attachment (NBA Automotive), #17 Proposed Order Writ of Attachment (R&H Automotive), #18 Proposed Order Notice of Attachment (RHN), #19 Proposed Order Notice of Attachment (NBA Automotive), #20 Proposed Order Notice of Attachment (RHC Automotive), #21 Proposed Order Notice of Attachment (RHN Automotive), #22 Proposed Order Notice of Attachment (R&H Automotive)) (Godwin, G) |
| Filing 9 21 DAY Summons Issued re Petition (Attorney Civil Case Opening), #1 as to Defendants NBA Automotive, Inc., Hooman Nissani, Melody Nissani, R and H Automotive Group, Inc., RHC Automotive, Inc., RHH Automotive, Inc., RHN, Inc. (car) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Patrick J. Walsh. (car) |
| Filing 6 REQUEST FOR JUDICIAL NOTICE in Support of Plaintiff CNA National Warranty Corporation's Petition for Commencement of Action in Aid of Jurisdiction filed by Plaintiff CNA National Warranty Corporation. (Attachments: #1 Exhibit 1 to Request for Judicial Notice, #2 Exhibit 2 to Request for Judicial Notice, #3 Exhibit 3 to Request for Judicial Notice, #4 Exhibit 4 to Request for Judicial Notice, #5 Exhibit 5 to Request for Judicial Notice)(Godwin, G) |
| Filing 5 NOTICE of Related Case(s) filed by Plaintiff CNA National Warranty Corporation. Notice of Pendency of Other Actions or Proceedings Related Case(s): CV-19-02960-PHX-GMS (District of Arizona) (Godwin, G) |
| Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff CNA National Warranty Corporation, identifying Continental Casualty Company, The Continental Corporation, CNA Financial Corporation, and Loews Corporation. (Godwin, G) |
| Filing 3 Request for Clerk to Issue Summons on Petition (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 filed by Plaintiff CNA National Warranty Corporation. (Godwin, G) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff CNA National Warranty Corporation. (Godwin, G) |
| Filing 1 PETITION Plaintiff CNA National Warranty Corporation's Petition for Commencement of Action in Aid of Jurisdiction Receipt No: ACACDC-26526833 - Fee: $400, filed by Plaintiff CNA National Warranty Corporation. (Attachments: #1 Exhibit A - Signed Override Agreement, #2 Exhibit B - Signed Personal Guaranty and Suretyship Agreement) (Attorney G David Godwin added to party CNA National Warranty Corporation(pty:pla))(Godwin, G) |
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