Arthur Huerth et al v. Theodore Jonavic et al

Filing 282

MINUTES IN CHAMBERS-ORDER TO SHOW CAUSE WHY AN ORDER FOR SALE OF DWELLING SHOULD NOT ISSUE by Judge George H. Wu. IT IS HEREBY ORDERED that judgment debtor, Thom Ferro, and Rosa Ferro, appear on August 24, 2023, at 8:30 a.m., in courtroom 9D, First S treet Courthouse, 350 W. First Street, Los Angeles, to show cause, if any, why the Application for sale of dwelling should not be granted. Any opposition to the Application shall be filed by August 7, 2023 and any reply shall be filed by August 14, 2023. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES-GENERAL
Case No.

CV 13-2667-GW-RAOx

Date

Title Arthur Huerth et al v. Theodore Jonavic, et al.
Present: The Honorable

June 22, 2023
Page

1 of2

GEORGE H. WU, UNITED STATES DISTRICT JUDGE

Javier Gonzalez
Deputy Clerk

None Present
Comt Repo1ter

Attorneys Present for Plaintiff(s)

Attorneys Present for Defendant(s)

None Present

None Present

Proceedings: IN CHAMBERS - ORDER TO SHOW CAUSE WHY AN ORDER FOR
SALE OF DWELLING SHOULD NOT ISSUE

On November 12, 2012, in the United States District Comt for the No1thern District of
Illinois, in Case No. 1: 10-cv-05049, a judgment was entered in favor of plaintiffs Althur Huerth
and Joan Huerth (the "Judgment"). See Docket No. 1; see also Declaration of Dan Townsend
("Townsend Deel."), Docket No. 266 at

,r 2.

The Judgment was registered with this Comt on

March 14, 2013. See Docket No. 1. The Judgment was assigned to Movant Cal-West Equities,
Inc. ("Cal-West Equities"), pursuant to an Assignment of Judgment filed with this Court on June
9, 2020. See Docket No. 162. An Abstract of Judgment was recorded on May 21 , 2013, in the
Los Angeles County Recorder's Office. See Townsend Deel. ,r 6; see also Docket No. 268 at Ex.
1. The Judgment was renewed on August 4, 2022 in the total amount of $908,062.37, and an
Application for and Renewal of Judgment was recorded on November 17, 2022, in the Los Angeles
County Recorder 's Office. See Docket No. 244; see also Townsend Deel. ,r 7; Docket No. 268 at
Ex. 2.
On August 26, 2022, the Court issued a Writ of Execution in the amount of $908,062.37.

See Docket No. 248. On Januaiy 4, 2023, through the Office of the United States Mai·shal, a
Notice of Levy and Writ of Execution was recorded in the Los Angeles County Recorder's Office.

See Townsend Deel. ,r 9; see also Docket No. 268 at Ex. 4.

CV-90

CIVIL MINUTE~ENERAL

Initials of Deputy Clerk JG

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES-GENERAL
Case No.

CV 13-2667-GW-RAOx

Date

Title Arthur Huerth et al v. Theodore Jonavic, et al.

June 22, 2023
Page

2 of2

On April 19, 2023, Cal-West Equities then filed an Application for Order of Sale re: Sale
of Dwelling ("Application"), see Docket No. 263, along with a Memorandum of Points and
Authorities ("MPA"), see Docket No. 265, in which Cal-West Equities sought an order for the sale
of Thom Feno's ("Mr. Feno"), the judgment debtor, interest in the dwelling and real property
located at 23448 Moon Shadows Drive, Malibu, California (hereinafter the "Property"). Mr. Feno
has not filed an opposition. See generally Docket. The Comi heard oral argument on the
Application on June 22, 2023. While Mr. Feno did not make an appearance, counsel for Rosa
Feno, Mr. Fen o's wife and joint tenant, appeared at the hearing.
The Comi having considered the Application, and for good cause,
IT IS HEREBY ORDERED that judgment debtor, Thom Fen o, and Rosa Feno, appear on
August 24, 2023, at 8:30 a.m., in courtrnom 9D, First Sti·eet Comt house, 350 W. First Sti·eet, Los
Angeles, to show cause, if any, why the Application for sale of dwelling should not be granted.
Any opposition to the Application shall be filed by August 7, 2023 and any reply shall be filed by
August 14, 2023.
IT IS FURTHER ORDERED that a copy of this Order to Show Cause, a copy of the
Application, a copy of the Comi 's Order on the Application, a copy of the notice of hearing, and
all other items delineated in California Code of Civil Procedure Section 704.770 shall be
personally served on Thom Fen o, Rosa Feno, and counsel of record by Movant Cal-West Equities.
Copies of each of these documents shall also be personally served on the occupant(s) of the
dwelling or, if no occupant(s) is/are present at the time service is attempted, posted in a
conspicuous place at the dwelling. Service and posting of these documents shall be accomplished
at least 30 days before the date of the hearing set fo1th above. 1

1 The

Court finds good cause for a hearing date beyond the 45 day limit set fo1ih in Califomia Code of Civil
Procedure§ 704.770, as service and posting of documents as described herein must be accomplished at least 30 days
prior to the date set for the hearing.
CV-90

CIVIL MINUTE~ENERAL

Initials of Deputy Clerk JG