Single Box, L. P et al v. Brett Del Valle et al
| SB AB West Loop, LP, Single Box, L. P and SB Finco AB, LP |
| PRP Menifee, LLC, Brett Del Valle and Peninsula Retail Partners V, LLC |
| 2:2020cv09142 |
| October 6, 2020 |
| U.S. District Court for the Central District of California |
| Philip S Gutierrez |
| Michael R Wilner |
| Other Statutory Actions |
| None |
Docket Report
This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 115
ORDER APPROVING STIPULATION RE: EXEMPTION OF BANK ACCOUNT AND LIFE INSURANCE POLICY AND WITHDRAWAL OF TURNOVER REQUEST #114 by Judge Philip S. Gutierrez. THE COURT ORDER AS FOLLOWS: The Stipulation filed as Docket No. 114, is approved; Pursuant to Section 704.220 of the California Code of Civil Procedure, the amount of money ($50.01) in the BofA Account is exempt; Pursuant to CCP Section 704.100(b) and 703.150, the loan value, other than $3,535.68, of the Life Insurance Policy is exempt; Within seven days after entry of this Order, Judgment Debtor shall pay via check or wire $3,535.68 to counsel for Judgment Creditors. By executing the Stipulation, Judgment Creditors agreed that the loan value of the Traci Del Valle Policy is currently exempt. Should Judgment Creditors make any further request for turnover regarding the Life Insurance Policy or the Traci Del Valle Policy, the exemption available to Judgment Debtor in the Life Insurance Policy and Traci Del Valle Policy shall be supplemented in the amount of $3,535.68. (See document for further details) (yl)
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| Filing 114 STIPULATION to Withdraw Motion Stipulation re: Exemption of Bank Account and Life Insurance Policy and Withdrawal of Turnover Request filed by Defendant Brett Del Valle. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Hays, D) |
Filing 113
ORDER FOLLOWING JUDGMENT DEBTOR EXAMINATION by Magistrate Judge Michael R. Wilner, re Minutes of Judgment Debtor Exam #112 . IT IS HEREBY ORDERED AS FOLLOWS: Judgment Creditors' request for a Turnover Order is continued to a later date so the Court can consider the request following briefing from both sides if the parties do not reach agreement regarding the issues. The parties shall meet and confer about a briefing schedule and proposed hearing date and, once agreed, advise the Court. (see document for further details) (hr)
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| Filing 112 MINUTES OF JUDGMENT DEBTOR EXAMINATION held before Magistrate Judge Michael R. Wilner. Status conference held as stated on the record. Briefs re status by Monday. Parties may email chambers. Court Recorder: CS 03/08/23. (hr) |
| Filing 111 STATUS REPORT re March 8, 2023 Judgment Debtor Examination filed by Plaintiffs SB AB West Loop, LP, Single Box, L. P. (Zunshine, Phillip) |
| Filing 110 STATUS REPORT in Advance of March 8, 2023, Judgment Debtor Examination of Brett Del Valle and Request that Matter be Taken Off-Calendar with Proof of Service filed by Defendant Brett Del Valle. (Masud, Laila) |
Filing 109
ORDER APPROVING JOINT STIPULATION TO CONTINUE JUDGMENT DEBTOR EXAMINATION OF BRETT DEL VALLE by Magistrate Judge Michael R. Wilner, re Stipulation to Continue #108 . The Joint Stipulation filed as Docket No. 108 is APPROVED; Judgment Debtor must appear at his continued judgment debtor examination on March 8, 2023 at 9:00am in the U.S. District Court, Central District of California, Roybal Federal Building, 255 E. Temple St., Los Angeles, CA 90012, Courtroom 550. (et)
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| Filing 108 Joint STIPULATION to Continue Judgment Debtor Examination of Brett Del Valle from January 11, 2023 to February 15, 2023 filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. (Attachments: #1 Proposed Order)(Zunshine, Phillip) |
Filing 107
ORDER TO APPEAR FOR EXAMINATION by Magistrate Judge Michael R. Wilner: granting #106 APPLICATION for Order. YOU ARE ORDERED TO APPEAR personally at the place, date, and time specified below to furnish information to aid in enforcement of a money judgmentagainst you. PLACE: U.S. District Court, Central District of California, Roybal Federal Building, 255 E. Temple St., Los Angeles, CA 90012, Courtroom 550. DATE AND TIME: January 11, 2023 at 9:00a.m. [See document for further details] (et)
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| Filing 106 APPLICATION for Order for Appearance and Examination filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. Application set for hearing on 1/4/2023 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Attachments: #1 Proposed Order) (Zunshine, Phillip) |
| Filing 105 SCHEDULING NOTICE - IN CHAMBERS by Magistrate Judge Michael R. Wilner: Per Counsel's request, Judgment debtor examination hearing previously scheduled for 10/19/2022 at 9:30 am is vacated. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jm) TEXT ONLY ENTRY |
Filing 104
ORDER TO APPEAR FOR EXAMINATION by Magistrate Judge Michael R. Wilner: granting #103 APPLICATION for Judgment Debtor Exam. Judgment Debtor Exam set for 10/19/2022 at 9:30 AM before Magistrate Judge Michael R. Wilner. (see document for further details) (hr)
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| Filing 103 APPLICATION for Judgment Debtor Exam as to Brett Del Valle, PRP Menifee, LLC, Peninsula Retail Partners V, LLC filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. Application set for hearing on 10/19/2022 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Attachments: #1 Proposed Order) (Zunshine, Phillip) |
Filing 102
ORDER DIRECTING.S. MARS AL TO DISBURSEFUNDS by Judge Philip S. Gutierrez. IT IS ORDERED that the U.S. Marshals Service will disburse the levied funds received from American Funds Service Company on April 19, 2022, as follows: a. The Judgment Creditors (Single Box, L.P. and SB AB West Loop, L.P.) will receive $57,029.63 attributable to the 529 VCSP / CollegeAmerica account for the benefit of Robert Del Valle. b. The Judgment Creditors will receive $690.39 attributable to the CB&T IRA account for the benefit of Brett Del Valle (See document for further details) (yl)
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Filing 101
ORDER ON THIRD PARTY CLAIMS #100 by Judge Philip S. Gutierrez. Having considered the Report and the Joint Stipulation entered into bySINGLE BOX, L.P and SB AB WEST LOOP, LP fka SB FINCO AB, and Robert, Rachel, and Ryan, and for the reasons explained in the Report, THE COURT HEREBY ORDERS AS FOLLOWS: The Joint Stipulation filed as Docket #97 is APPROVED: Within seven days of entry of this Order, the U.S. Marshals are hereby ordered to distribute: $116,917.31 to Judgment Creditors, care of their attorneys, Grant & Kessler APC, ; $29,201.35 to Rachel, which funds shall be payable by check to Rachel Del Valle and sent by mail to Rachel Del Valle. $30,055.50 to Ryan, which funds shall be payable by check to RyanDel Valle. (See document for further details) (yl)
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| Filing 100 Joint STIPULATION for Order on Third Party Claims filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. (Attachments: #1 Proposed Order)(Zunshine, Phillip) |
Filing 99
ORDER TO FORECLOSE ON JUDGMENT DEBTOR'S MEMBERSHIP INTERESTS IN LLCS by Judge Philip S. Gutierrez. IT IS HEREBY ORDERED AS FOLLOWS: Judgment Creditors' motion is granted; Judgment Creditors are authorized to foreclose on Judgment Debtor's membership interests in the following limited liability companies. (1) BDV, LLC (100% interest); (2) Peninsula Retail Partners, LLC (100% interest); (3) PR Property Services, LLC (100% interest); (4) PRP Victorville II, LLC (100% interest); (5) Peninsula Retail Partners IV, LLC (100% interest); (6) PRP Development Company, LLC (100% interest); (7) Peninsula Retail Partners V, LLC (50% interest); (8) HFC/PRP Elsinore, LLC (40% interest); and (9) Hanover-PRP Properties, LLC (50% interest) 3. Upon instructions from Judgment Creditors, the U.S. Marshal is directed to conduct the foreclosure sale in compliance with California Code of Civil Procedure Sections 701.810 and 701.510, et seq. (yl)
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Filing 98
MINUTES (IN CHAMBERS): Order GRANTING Judgment Creditors' Motion to Foreclose on Judgment Debtors Membership Interests in LLCs #82 by Judge Philip S. Gutierrez. Because the Motion was noticed for a July 29, 2022 hearing, any brief in opposition was due no later than July 8, 2022. See L.R. 7-9. Judgment Debtor Brett Del Valle, his spouse Traci Del Valle, and the LLCs at issue were all served with the Motion. See Certificate of Service, Dkt. # 82-4. To date, no opposition to the Motion has been filed. Pursuant to Local Rule 7-12, the Court deems that all relevant parties have consented to the Motion. Accordingly, the Court GRANTS the Motion. The Court will execute Judgment Creditors' proposed order. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 96 REPORT AND RECOMMENDATION issued by Magistrate Judge Michael R. Wilner. Re NOTICE OF MOTION AND MOTION for Hearing Claim of Exemption #71 (vm) |
| Filing 95 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Michael R. Wilner. Objections to R&R due by July 21, 2022. (Attachments: #1 Report and Recommendation) (vm) |
| Filing 94 DECLARATION of Sara Rodgers filed by ThirdParty Defendant American Funds Service Company. (Tobin, Frank) |
Filing 93
ORDER APPROVING STIPULATION RESOLVING MOTION TO COMPEL COMPLIANCE WITH SUBPOENA by Magistrate Judge Michael R. Wilner. The Motion is deemed moot, and the Court vacates the hearing on the Motion and its Order to Show Cause, Docket No. 85.(See Order for further details) withdrawing #84 Motion to Compel (vm)
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| Filing 92 OPPOSITION to MOTION to Compel Brett Del Valle to Comply with Subpoena #84 Brett Del Valle's Response to (1) Motion to Compel Brett Del Valle to Comply with Subpoena; and (2) Order to Show Cause #85 ; Declarations of D. Edward Hays and Brett Del Valle; Certificate of Service filed by Defendant Brett Del Valle. (Hays, D) |
| Filing 91 STIPULATION to Withdraw Motion Stipulation Resolving Motion to Compel Compliance with Subpoena; and Certificate of Service filed by Defendant Brett Del Valle. (Attachments: #1 Proposed Order [Proposed] Order Approving Stipulation Resolving Motion to Compel Compliance with Subpoena)(Hays, D) |
| Filing 90 MINUTES OF Motion Hearing held before Magistrate Judge Michael R. Wilner. The Court held a motion hearing. The lawyers will submit a proposed order for the Courts consideration. Court Recorder: CS 6/27/2022. (vm) |
| Filing 89 REPLY in Support of Opposition NOTICE OF MOTION AND MOTION for Hearing Claim of Exemption #71 filed by Plaintiffs SB AB West Loop, LP, Single Box, L. P. (Zunshine, Phillip) |
| Filing 88 CERTIFICATE OF SERVICE filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P, re MOTION to Compel Brett Del Valle to Comply with Subpoena #84 served on 6/21/22. (Zunshine, Phillip) |
| Filing 87 CERTIFICATE OF SERVICE filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P, re Order to Show Cause, #85 served on 6/21/22. (Zunshine, Phillip) |
| Filing 86 CERTIFICATE OF SERVICE filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P, re MOTION to Compel Brett Del Valle to Comply with Subpoena #84 served on 6/17/2022. (Zunshine, Phillip) |
Filing 85
ORDER TO SHOW CAUSE by Magistrate Judge Michael R. Wilner. The Judgment Debtor is ORDERED TO SHOW CAUSE for the failure to comply with the joint filing process and to submit a substantive response to the discovery motion by July 1, at 12:00 p.m. (See Minute Order for further details) (vm)
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| Filing 84 NOTICE OF MOTION AND MOTION to Compel Brett Del Valle to Comply with Subpoena filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. Motion set for hearing on 7/27/2022 at 09:30 AM before Magistrate Judge Michael R. Wilner. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Phillip Zunshine, #3 Proposed Order)(Zunshine, Phillip) |
| Filing 83 SUPPLEMENT Supplemental Declaration of Laila Masud in Support of Reply in Support of Third-Party Claims Of Ownership; with Certificate of Service filed by Interested Parties Rachel Del Valle, Robert Del Valle, Ryan Del Valle. (Masud, Laila) |
| Filing 82 NOTICE OF MOTION AND MOTION for Order for to Foreclose on Judgment Debtor's Membership Interests in LLCs filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. Motion set for hearing on 7/29/2022 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Phillip Zunshine, #3 Proposed Order, #4 Certificate of Service) (Zunshine, Phillip) |
| Filing 81 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon PR Property Services LLC on 6/7/2022. Remarks: Served on 6/7/2022. Mailed on 6/7/2022. (iv) |
| Filing 80 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon PRP Development Company LLC on 6/7/2022. Remarks: Served on 6/7/2022. Mailed on 6/7/2022. (iv) |
| Filing 79 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon PRP Commercial Real Estate Services Inc. on 6/7/2022. Remarks: Served on 6/7/2022. Mailed on 6/7/2022. (iv) |
| Filing 78 REPLY in Support of Third-Party Claims of Ownership; Declaration of D. Edward Hays in Support; Certificate of Service filed by Defendant Brett Del Valle, Interested Parties Rachel Del Valle, Robert Del Valle. (Attorney D Edward Hays added to party Brett Del Valle(pty:dft), Attorney D Edward Hays added to party Rachel Del Valle(pty:ip), Attorney D Edward Hays added to party Robert Del Valle(pty:ip))(Hays, D) |
| Filing 77 PROCESS RECEIPT AND RETURN (USM-285) returned unexecuted for PR Property Services LLC on 5/12/2022. Remarks: n/a. (yl) |
| Filing 76 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon PRP Development Company LLC on 5/6/2022. Remarks: n/a. (yl) |
| Filing 75 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon PRP Commercial Real Estate Services Inc. of a third party levy on 5/6/2022. Remarks: n/a. (yl) |
| Filing 74 Notice of Withdrawal of Motion for Order, #50 filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. (Zunshine, Phillip) |
Filing 73
MINUTE ORDER (IN CHAMBERS) Regarding Joint Stipulation by Judge Philip S. Gutierrez. The Court hereby ORDERS Judgment Creditors to, within seven days of the date of this order, either file a notice of withdrawal of the motion to hold AFSC liable or show cause, in writing, why they have not done so. IT IS SO ORDERED. (See document for further details) (yl)
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Filing 72
ORDER RE: OPTIONAL REPLY by Magistrate Judge Michael R. Wilner. The Court exercises its discretion to allow an optional reply from the children by or before June 10. The Court will accept an optional sur-reply from the Creditors (only if theres a supplemental submission from their adversaries) by June 21.(See Minute Order for further details) (vm)
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| Filing 71 NOTICE OF MOTION AND MOTION for Hearing Claim of Exemption filed by Plaintiff/Judgment Creditor Single Box, L. P. Motion set for hearing on 6/27/2022 at 10:00 AM before Magistrate Judge Michael R. Wilner. (Attachments: #1 Declaration, #2 Notice of Hearing, #3 Notice of Opposition, #4 Notice of Hearing, #5 Notice of Opposition, #6 Notice of Hearing, #7 Notice of Opposition) (Zunshine, Phillip) |
Filing 70
ORDER RE: SCHEDULING by Magistrate Judge Michael R. Wilner. The exemption proceeding will be held on June 27 at 10:00 a.m. (See Minute Order for further details) granting #67 EX PARTE APPLICATION to Expedite (vm)
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| Filing 69 NOTICE OF REFERRAL OF MATTER to the Magistrate Judge. EX PARTE APPLICATION to Expedite Hearing Date on Claims of Exemption #67 is referred to Magistrate Judge Michael R. Wilner for for review and recommendation. (lom) |
| Filing 68 NOTICE OF REASSIGNMENT OF CASE filed. Pursuant to the Ex Parte Application to Expedite Hearing Date on Claims of Exemption filed on 5/23/2022. Case referred to Magistrate Judge Michael R. Wilner for any discovery matters that are or may be referred by the District Judge. Case number will now read 2:20-cv-09142 PSG(MRWx). (rn) |
| Filing 67 EX PARTE APPLICATION to Expedite Hearing Date on Claims of Exemption filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. (Zunshine, Phillip) |
| Filing 97 PROCESS RECEIPT AND RETURN (USM-285) returned executed upon Brett Del Valle on May 27, 2022. Remarks: Re Claim of Exempption. (shb) |
| Filing 66 PROCESS RECEIPT AND RETURN (USM-285) of Claim of Exemption returned executed upon Miles D. Grant-Grant & Keller Ave on 5/13/2022. Remarks: n/a. (yl) |
| Filing 65 PROCESS RECEIPT AND RETURN (USM-285) of Claim of Exemption returned executed upon Rachel Del Valle on 5/13/2022. Remarks: n/a. (yl) |
Filing 64
ORDER APPROVING JOINT STIPULATION TO RESOLVE MOTION TO HOLD AFSC LIABLE FOR FAILURE TO COMPLY WITH LEVY by Judge Philip S. Gutierrez #53 . The Joint Stipulation filed as Docket #52 is APPROVED; AFSC and Judgment Creditors are hereby ordered to comply with the Joint Stipulation, including by AFSC liquidating all shares held in the Accounts identified in Exhibit A to the Joint Stipulation and delivering the proceeds to the U.S. Marshals. No tax withholding shall be applied to the IRA distributions. (yl)
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Filing 63
MINUTE ORDER OVERRULING the to the Joint Stipulation, APPROVING the Joint Stipulation, and DENYING AS MOOT the Ex Parte Application (IN CHAMBERS) #53 #60 by Judge Philip S. Gutierrez. For these reasons, the Court OVERRULES the Objection, APPROVES the Joint Stipulation, and DENIES AS MOOT the Ex Parte Application. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 62 OPPOSITION to EX PARTE APPLICATION to File a Sur-Reply to Judgment Creditors' Reply Brief, or Alternatively, Strike the Reply #60 filed by Plaintiffs SB AB West Loop, LP, Single Box, L. P. (Zunshine, Phillip) |
| Filing 61 Writ of Execution issued against Brett Del Valle, PR Property Services LLC, and Peninsula Retail Partners V, LLC re: Affidavit and Request for Issuance of Writ of Execution #59 . (yl) |
| Filing 60 EX PARTE APPLICATION to File a Sur-Reply to Judgment Creditors' Reply Brief, or Alternatively, Strike the Reply filed by Third-Party Defendant American Funds Service Company. (Attachments: #1 Declaration of Frank L. Tobin in Support of Ex Parte Application for Leave to File a Sur-Reply to Judgment Creditors' Reply Brief, or Alternatively, Strike the Reply, #2 Exhibit 1 to Declaration of Frank L. Tobin, #3 Exhibit 2 to Declaration of Frank L. Tobin, #4 Proposed Order) (Tobin, Frank) |
| Filing 59 Affidavit and Request for Issuance of Writ of Execution re: MISC - Registration of Judgment from Another District (AO-451), #1 filed by Plaintiffs SB AB West Loop, LP, Single Box, L. P. (Attachments: #1 Writ of Execution - Central, #2 Writ of Execution - Southern)(Zunshine, Phillip) |
| Filing 58 REPLY in support of NOTICE OF MOTION AND MOTION for Order for Holding Third-Party AFSC Liable for Levy #50 filed by Plaintiffs SB AB West Loop, LP, Single Box, L. P. (Attachments: #1 Certificate of Service)(Zunshine, Phillip) |
Filing 57
MINUTE ORDER (IN CHAMBERS): DENYING Judgment Creditors' Motion to Appoint Receiver #44 by Judge Philip S. Gutierrez. The Judgment Creditors have failed to demonstrate that the drastic step of appointing a receiver is necessary at this time because they have not shown that any failure to collect from the Companies is the result of Del Valle's obfuscation and that other less severe remedies are inadequate. For these reasons, the Motion to Appoint Receiver is DENIED. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 56 TEXT ONLY ENTRY by Judge Philip S. Gutierrez: Please be advised that PLAINTIFFS' MOTION TO APPOINT RECEIVER #44 set for hearing on 04/08/22 is taken under submission and off calendar. Accordingly, no appearance by the parties is necessary. The Court will issue a ruling after full consideration of the submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (wm) TEXT ONLY ENTRY |
| Filing 55 OPPOSITION to NOTICE OF MOTION AND MOTION for Order for Holding Third-Party AFSC Liable for Levy #50 Response to Motion to Hold Third-Party Liable for Levy and Objection to Joint Stipulation to Resolve Motion to Hold AFSC Liable for Failing to Comply with Levy; with Certificate of Service filed by Interested Parties Rachel Del Valle, Robert Del Valle, Ryan Del Valle. (Masud, Laila) |
| Filing 54 NOTICE of Appearance filed by attorney Frank L Tobin on behalf of ThirdParty Defendant American Funds Service Company (Attorney Frank L Tobin added to party American Funds Service Company(pty:3pd))(Tobin, Frank) |
| Filing 53 Joint STIPULATION for Order Approving Joint Stipulation to Resolve Motion to Hold AFSC Liable for Failing to Comply With Levy filed by Plaintiffs/Judgment Creditors SB AB West Loop, LP, Single Box, L. P. (Attachments: #1 Proposed Order)(Zunshine, Phillip) |
| Filing 52 REPLY in support of NOTICE OF MOTION AND MOTION to Appoint Receiver #44 filed by Plaintiffs SB AB West Loop, LP, Single Box, L. P. (Attachments: #1 Declaration of Kessler)(Kessler, Alexander) |
| Filing 51 Opposition In Opposition re: NOTICE OF MOTION AND MOTION to Appoint Receiver #44 Opposition to Motion to Appoint Receiver filed by Respondents PR Property Services LLC, PRP Commercial Real Estate Services Inc.. (Attorney Laila Masud added to party PR Property Services LLC(pty:res), Attorney Laila Masud added to party PRP Commercial Real Estate Services Inc.(pty:res))(Masud, Laila) |
| Filing 50 *WITHDRAWN ON 5/31/2022* NOTICE OF MOTION AND MOTION for Order for Holding Third-Party AFSC Liable for Levy filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. Motion set for hearing on 4/22/2022 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Phillip Zunshine, #3 Order, #4 Certificate of Service) (Zunshine, Phillip) Modified on 6/1/2022 (yl). |
Filing 49
ORDER by Judge Philip S. Gutierrez: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION for Order for Holding Third-Party AFSC Liable for Levy #47 , for the following reasons: The hearing date selected is closed at to NEW motions. See Calendars >Motion Calendar L.R. 5-4.5 Re: Mandatory Chambers. (yl)
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| Filing 48 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Order for Holding Third-Party AFSC Liable for Levy #47 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): 4/15/2022 closed at 9:00 am on 3/7/2022. 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. (yl) |
| Filing 47 **STRICKEN AS OF 3-10-22 #49 ** NOTICE OF MOTION AND MOTION for Order for Holding Third-Party AFSC Liable for Levy filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. Motion set for hearing on 4/15/2022 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Phillip Zunshine, #3 Proposed Order, #4 Certificate of Service) (Attorney Phillip Zunshine added to party SB AB West Loop, LP(pty:pla), Attorney Phillip Zunshine added to party Single Box, L. P(pty:pla)) (Zunshine, Phillip) Modified on 3/10/2022 (yl). |
Filing 46
MINUTE ORDER (IN CHAMBERS) DENYING Judgment Creditors' Motion to Liquidate Accounts #40 by Judge Philip S. Gutierrez: For these reasons, the Motion to Liquidate Accounts is DENIED. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 45 CERTIFICATE OF SERVICE filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P, re NOTICE OF MOTION AND MOTION to Appoint Receiver #44 served on 2/17/2022. (Kessler, Alexander) |
| Filing 44 NOTICE OF MOTION AND MOTION to Appoint Receiver filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. Motion set for hearing on 4/8/2022 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Alexander Kessler) (Kessler, Alexander) |
| Filing 43 REPLY in support of NOTICE OF MOTION AND MOTION for Order for Granting Judgment Creditors' Motion to Liquidate Accounts #40 filed by Plaintiffs SB AB West Loop, LP, Single Box, L. P. (Kessler, Alexander) |
| Filing 42 OPPOSITION re: NOTICE OF MOTION AND MOTION for Order for Granting Judgment Creditors' Motion to Liquidate Accounts #40 Opposition to Motion to Liquidate Accounts; Certificate of Service filed by Interested Parties Robert Del Valle, Rachel Del Valle, Ryan Del Valle. (Attorney Laila Masud added to party Robert Del Valle(pty:ip), Attorney Laila Masud added to party Rachel Del Valle(pty:ip), Attorney Laila Masud added to party Ryan Del Valle(pty:ip))(Masud, Laila) |
| Filing 41 CERTIFICATE OF SERVICE filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P, re NOTICE OF MOTION AND MOTION for Order for Granting Judgment Creditors' Motion to Liquidate Accounts #40 served on 1/03/2022. (Zunshine, Phillip) |
| Filing 40 NOTICE OF MOTION AND MOTION for Order for Granting Judgment Creditors' Motion to Liquidate Accounts filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. Motion set for hearing on 2/25/2022 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Alexander Kessler) (Kessler, Alexander) |
Filing 39
MINUTE ORDER (IN CHAMBERS) GRANTING Judgment Creditors' Motion to Charge Judgment Debtor's Interest in LLCs #36 by Judge Philip S. Gutierrez: The Motion to Charge Judgment Debtors Interest in LLCs is GRANTED. Del Valles membership interests in the following Subject LLCs are hereby charged with the unpaid balance of the Judgment entered in favor of Judgment Creditors and against Del Valle: (1) BDV, LLC; (2) Peninsula Retail Partners LLC; (3) Peninsula Retail Partners IV LLC; (4) Peninsula Retail Partners V LLC; (5) PR Property Services LLC; (6) PRP Development Company LLC; (7) PRP Investors Madison LLC (See document for furtger details) (yl)
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| Filing 38 PROCESS RECEIPT AND RETURN (USM-285) of Bank Levy returned executed upon Jp Morgan Chase Bank, N.A. on 8/11/2021. Remarks: N/A. (yl) |
| Filing 37 PROCESS RECEIPT AND RETURN (USM-285) of Bank Levy returned executed upon Bank of America on 8/11/2021. Remarks: N/A. (yl) |
| Filing 36 NOTICE OF MOTION AND MOTION for Order for Charging Judgment Debtor's Interest in LLC's filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. Motion set for hearing on 10/1/2021 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Alexander Kessler, #3 Proposed Order, #4 Certificate of Service) (Kessler, Alexander) |
| Filing 35 PROOF OF SERVICE filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P, served on 7/8/21. (Kessler, Alexander) |
| Filing 34 MINUTES (In Chambers): The Court GRANTS Plaintiff's motion to compel by Judge Philip S. Gutierrez granting #32 Motion to Compel: Pursuant to Local Rule 7-12, the Court deems that all relevant parties to have consented to the motion. Accordingly, the Court GRANTS the motion to compel Perle to comply with Plaintiffs' subpoena. (see document for further details) (bm) |
| Filing 33 CERTIFICATE OF SERVICE filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P, re MOTION to Compel PERLE GAUTSCHI & CO to comply with subpoena #32 served on May 27, 2021. (Kessler, Alexander) |
| Filing 32 NOTICE OF MOTION AND MOTION to Compel PERLE GAUTSCHI & CO to comply with subpoena filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. Motion set for hearing on 7/9/2021 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Alexander Kessler, #3 Certificate of Service)(Kessler, Alexander) |
| Filing 31 SEALED DOCUMENT - DOCUMENT FIVE (bm) |
| Filing 30 SEALED DOCUMENT - DOCUMENT FOUR (bm) |
| Filing 29 SEALED DOCUMENT - DOCUMENT THREE (bm) |
| Filing 28 SEALED DOCUMENT - DOCUMENT TWO (bm) |
| Filing 27 SEALED DOCUMENT - DOCUMENT ONE (bm) |
| Filing 26 Writ of Execution issued against Brett Del Valle, PRP Menifee, LLC, Peninsula Retail Partners V, LLC re: Affidavit and Request for Issuance of Writ of Execution #25 . (bm) |
| Filing 25 Affidavit and Request for Issuance of Writ of Execution filed by Plaintiffs SB AB West Loop, LP, Single Box, L. P. (Attachments: #1 Writ of Execution)(Kessler, Alexander) |
| Filing 24 WRIT of Execution Returned (Kessler, Alexander) |
| Filing 19 PROCESS RECEIPT AND RETURN (USM-285) of Levy Packet; (SERVICE PACKET): NOTICE OF LEVY; WRIT OF EXECUTION, etc. served on 1/11/21 at Marshack Hays LLP (see document for further details) (yl) |
| Filing 18 PROCESS RECEIPT AND RETURN (USM-285) returned un-executed for Defendant on 1-9 through 1-14. Remarks: NO ANSWER AT DOOR, LIGHTS ON.. (yl) |
| Filing 23 PROCESS RECEIPT AND RETURN (USM-285) of Notice of Levy, Writ of Execution,etc. executed upon McGinchey Stafford, Inc. on 1/11/21 (see document for further details) (yl) |
| Filing 22 PROCESS RECEIPT AND RETURN (USM-285) of Notice of Levy,etc. returned executed upon Bank of America, NA on 1/8/21. Remarks: n/a. (yl) |
| Filing 21 PROCESS RECEIPT AND RETURN (USM-285) of Levy Packet; (SERVICE PACKET): NOTICE OF LEVY; WRIT OF EXECUTION; DECLARATION OF ALEXANDER J. KESSLER RE: IDENTITY OF JUDGMENT DEBTOR'S SPOUSE TRACI returned executed upon on Orange County's Credit Union on 1/11/21. Remarks: n/a. (yl) |
| Filing 20 PROCESS RECEIPT AND RETURN (USM-285) on Stuart Kane, LLP of Levy Packet; (SERVICE PACKET): NOTICE OF LEVY, etc (see document for further details) (yl) |
Filing 17
MINUTE ORDER (IN CHAMBERS) Order Granting In Part and Denying In Part Judgment Creditors Motion to Charge Judgment Debtor's Interest in LLCs by Judge Philip S. Gutierrez: For these reasons, the Court GRANTS IN PART and DENIES IN PART Judgment Creditors Motion to charge Judgment Debtor Brett Del Valles interest in the Subject LLCs. The Motion is GRANTED as to HFC/PRP Elsinore, LLC, HFC/PRP Palmdale, LLC, PRP Investors Madison, LLC, PRP Investors Lake Elsinore, LLC, and PRP Newport, LLC, and DENIED without prejudice as to the other Subject LLCs. IT IS SO ORDERED. (See document for further details) (yl)
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| Filing 16 PROCESS RECEIPT AND RETURN (USM-285). The Bank Levy was returned executed upon American Funds Service Company on 11/20/20. Remarks: n/a. (yl) |
| Filing 15 PROOF OF SERVICE filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P, served on 11/4/2020. (Kessler, Alexander) |
| Filing 14 CERTIFICATE OF SERVICE filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P, served on 11/5/2020. (Kessler, Alexander) |
| Filing 13 PROCESS RECEIPT AND RETURN (USM-285). The Notice of Levy, Writ of Execution, and Memorandum was returned executed upon American Funds Distributors, Inc. on 10/21/20. Remarks: n/a. (yl) |
| Filing 12 PROCESS RECEIPT AND RETURN (USM-285) of Notice of Levy, Writ of Execution and Memorandum was returned executed on Bank of America on 10/21/200. Remarks: n/a. (yl) |
| Filing 11 Writ of Execution issued against Brett Del Valle, PRP Menifee, LLC, Peninsula Retail Partners V, LLC re: Affidavit and Request for Issuance of Writ of Execution #10 . (yl) |
| Filing 10 Affidavit and Request for Issuance of Writ of Execution filed by Plaintiffs SB AB West Loop, LP, Single Box, L. P. (Attachments: #1 Writ of Execution)(Kessler, Alexander) |
Filing 9
ORDER GRANTING JUDGMENT CREDITOR'S APPLICATION PERMITTING SERVICE OF PROCESS by Judge Philip S. Gutierrez: IT IS HEREBY ORDERED, that Judgment Creditor's Application for Order Permitting Service of Process #7 is Granted. (See Order for further details) (yl)
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| Filing 8 NOTICE of New Case Number and Judge Assignment by Clerk. This case is hereby converted from case type MC to case type CV because subsequent filings have changed the nature of the case. A new case number has therefore been assigned to this case. District Judge Philip S. Gutierrez is assigned to this new case number 2:20-cv-09142-PSG. All future documents must be filed under this new case number. The previous case number, 2:20-mc-00095-UA, is hereby terminated. (car) |
| Filing 7 APPLICATION for Order for GRANTING JUDGMENT CREDITORS APPLICATION PERMITTING SERVICE OF PROCESS filed by Judgment Creditors SB AB West Loop, LP, Single Box, L. P. (Attachments: #1 Proposed Order) (Kessler, Alexander) |
| Filing 6 ABSTRACT of Judgment issued in favor of Plaintiff Single Box, L. P, SB AB West Loop, LP and against Brett Del Valle, PRP Menifee, LLC, Peninsula Retail Partners V, LLC in the principal amount of $ 3,767,998.05, interest in the amount of $ 9301.28, attorneys fees of $ 329,543.77, costs of $ 0.00. RE: MISC - Registration of Judgment from Another District (AO-451), #1 (yl) |
| Filing 5 Writ of Execution issued against Brett Del Valle, PRP Menifee, LLC, Peninsula Retail Partners V, LLC re: Affidavit and Request for Issuance of Writ of Execution #4 . (yl) |
| Filing 4 Affidavit and Request for Issuance of Writ of Execution filed by Plaintiff Single Box, L. P. (Attachments: #1 Writ of Execution)(Kessler, Alexander) |
| Filing 3 NOTICE OF DEFICIENCY WRIT OF EXECUTION. The document is being returned to you for correction of: Page 3 of the proposed writ is blank, and should indicate name(s) and address(es) of the judgment debtor(s). (bm) |
| Filing 2 Affidavit and Request for Issuance of Writ of Execution filed by Plaintiff Single Box, L. P. (Attachments: #1 Writ of Execution)(Kessler, Alexander) |
| Filing 1 REGISTRATION OF JUDGMENT FROM ANOTHER DISTRICT Receipt No: ACACDC-28043197 - Fee: $47, filed by Creditor Single Box, L. P, SB AB West Loop, LP. (Attachments: #1 Judgment) (Attorney Alexander J Kessler added to party SB AB West Loop, LP(pty:cr), Attorney Alexander J Kessler added to party Single Box, L. P(pty:cr))(Kessler, Alexander) |
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