Fab Films, LLC v. JPMorgan Chase Bank, N.A., et al

Filing 134

JUDGMENT OF FORECLOSURE AND ORDER OF SALE by Judge Philip S. Gutierrez. (bm)

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JOHN M. SORICH (CA Bar No. 125223)
[e-mail]
HEATHER E. STERN (CA Bar No. 217447)
[e-mail]
PARKER IBRAHIM & BERG LLC
695 Town Center Drive, 16th Floor
Costa Mesa, California 92626
Tel: [phone]
Fax: [phone]

E-FILED 7/21/17
cc: USM

Attorneys for Defendants
JPMORGAN CHASE BANK, N.A. and
7 CALIFORNIA RECONVEYANCE
COMPANY and Cross-Complainant
8 JPMORGAN CHASE BANK, N.A., an
Acquirer of Certain Assets and Liabilities of
9 Washington Mutual Bank from the Federal
Deposit Insurance Corporation as Receiver
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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FAB FILMS, LLC, as Trustee,

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CASE NO.: 2:16-cv-01722-PSG-SS

Plaintiffs,

JUDGE: Hon. Philip S. Gutierrez

v.
JPMORGAN CHASE BANK, N.A.;
CALIFORNIA RECONVEYANCE
COMPANY; and DOES 1-10 inclusive ,

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JUDGMENT OF FORECLOSURE
AND ORDER OF SALE

Defendants.

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JPMORGAN CHASE BANK, N.A., an
Acquirer of Certain Assets and Liabilities
21 of Washington Mutual Bank from the
Federal Deposit Insurance Corporation as
22 Receiver,

TRIAL DATE: April 4, 2017
TIME: 9:00 a.m.
COURTROOM: 6A, 6th Floor

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Cross-Complainant,

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v.

FAB FILMS, LLC, as Trustee; BLUE
HORSE TRADING, LLC, a California
26 Limited Liability Company; JOSEPH
FRANCIS, an individual; CHICKIE
27 LEVENTHAL; TRACY PRICE;
INTERNAL REVENUE SERVICE;
28 PALLADINO & SUTHERLAND, INC.;
GIRARD GIBBS LLP; CRYSTAL
TAUNTON; ANDREW GILBERT;
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JUDGMENT OF FORECLOSURE AND ORDER OF SALE

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WILLIAM TABET; COUGHLIN STOIA
GELLER RUDMAN & ROBBINS LLP;
CITI COMMUNICATIONS FINANCE
CORPORATION; HOWREY LLP;
STEPHEN WYNN; STATE OF
CALIFORNIA FRANCHISE TAX
BOARD SPECIAL PROCEDURES
SECTION; INTERNATIONAL
FIDELITY INSURANCE COMPANY;
TAMARA FAVAZZA; BRIAN J.
RAYMENT; and WYNN LAS VEGAS,
Cross-Defendants.

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The above-entitled matter came on regularly for trial on April 4, 2017, the

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Honorable Philip S. Gutierrez, Judge Presiding. All appearances were as noted on the

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record.

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Having fully considered the Motion for Summary Adjudication of Claims and

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Defenses of Defendants JPMorgan Chase Bank, N.A. (“Chase”) and California

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Reconveyance Company (“CRC”) (together, “Defendants”) and Cross-Complainant

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JPMorgan Chase Bank, N.A., An Acquirer Of Certain Assets And Liabilities Of

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Washington Mutual Bank From The Federal Deposit Insurance Corporation As

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Receiver (“Cross-Complainant”) in this action (Docket No. 104), and all papers filed

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related thereto; and the issues with respect to that motion having been duly heard and

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an Order Granting Defendants’ Motion for Summary Judgment and Denying

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Plaintiff’s Rule 56(d) Request having been duly entered (Docket No. 119); and having

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fully considered the evidence presented at trial in this matter by way of declaration in

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lieu of direct testimony pursuant to Local Rule 43.1, which was adopted by the

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respective witnesses orally in open court, as well as the Request to Take Judicial

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Notice, and the pleadings, papers, and records of this action, and all other evidence

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presented at the Court trial in this matter on April 4, 2017; and GOOD CAUSE

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APPEARING, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

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Judgment shall be entered in favor of Defendants and Cross-Complainant, and

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against Plaintiff Fab Films, LLC, and each of the Cross-defendants, on the terms set

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JUDGMENT OF FORECLOSURE AND ORDER OF SALE

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forth in the following paragraphs:
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The Court orders that the real property (the “Property”) commonly

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known as 1111 Bel Air Place, Los Angeles, California 90077, and legally described as

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follows:

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LOT 7 OF TRACT NO. 13772, IN THE CITY OF LOS

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ANGELES, COUNTY OF LOS ANGELES, STATE OF

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CALIFORNIA, AS PER MAP RECORDED IN BOOK 285,

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PAGES 33 TO 35, INCLUSIVE OF MAPS, IN THE OFFICE OF

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THE COUNTY RECORDER OF SAID COUNTY.

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TOGETHER WITH THAT PORTION OF BEL-AIR PLACE AS

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SHOWN ON TRACT NUMBER 13772 AS PER MAP

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RECORDED IN BOOK 285 PAGES 33, 34 AND 35 OF MAPS,

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IN THE OFFICE OF THE COUNTY RECORDER OF LOS

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ANGELES COUNTY VACATED BY RESOLUTION ON 05-

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1400622, RECORDED OCTOBER 17, 2005 AS INSTRUMENT

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NO. 05-2493512, OFFICIAL RECORDS, AND THAT WOULD

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PASS WITH A LEGAL CONVEYANCE OF LOT 7.

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be sold in the manner prescribed by law, and that a writ of sale be issued to the United

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States Marshals Service, ordering and directing the U.S. Marshal to conduct such sale.

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2.

Any party to this action may purchase the Property at the sale. From the

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sale proceeds, the Court shall pay to Cross-Complainant, from all or such sums as

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may be sufficiently obtained from the sale, (i) the expenses of levy and sale advanced

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by Cross-Complainant, plus (ii) the total indebtedness of $6,275,966.88 together with

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interest accruing at the rate of 4.0% from April 4, 2017 at a daily rate of $540.86 per

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day, which sums are secured by the Deed of Trust set forth in the Cross-Complaint,

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and which sums may be credit bid by Cross-Complainant at the sale.

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3.

If any surplus remains after the payment specified herein, the surplus

shall be paid to the United States of America, Internal Revenue Service, pursuant to its

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JUDGMENT OF FORECLOSURE AND ORDER OF SALE

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Notices of Federal Tax Lien (NFTLs) filed against the Subject Property and cross-

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defendants Joseph Francis and Blue Horse Trading, LLC. If any surplus remains after

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payment of the NFTLs, the funds shall be interpleaded and deposited into the registry

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of the Court, wherein any remaining judgment creditor/lienholder can apply to the

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Court for distribution.

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4.

There is no Cross-Defendant against whom a deficiency judgment may

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be ordered or who is claimed to be personally liable for payment of the sums secured

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by the Deed of Trust.

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On completion of the sale, the U.S. Marshal shall execute a deed of sale

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to the purchaser, who may then take possession of the Property, if necessary, with the

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assistance of the United States Marshals Service.

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6.

Cross-Defendants Joseph Francis and Fab Films, LLC, all persons

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claiming from or under him or it, all persons and their personal representatives having

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liens subsequent to the Deed of Trust by judgment or decree on the described real

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property, all persons and their heirs or personal representatives having any lien or

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claim by or under such subsequent judgment or decree, all persons claiming under

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them, and all persons claiming to have acquired any estate or interest in the Property

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are forever barred and foreclosed from all equity of redemption in and claim to the

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property from after delivery of the deed by the U.S. Marshal.

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7/21/17
DATED: _____________________

________________________________
District Court Judge

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JUDGMENT OF FORECLOSURE AND ORDER OF SALE

PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF ORANGE
Fab Films, LLC v. JPMorgan Chase Bank, N.A.
USDC Central Case No.: 2:16-cv-01722-PSG-SS

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I am employed in the County of Orange, State of California. I am over the age
of 18 years and not a party to the within action. My business address is Parker
th
5 Ibrahim & Berg LLC, 695 Town Center Drive, 16 Floor, Costa Mesa,
California 92626.
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On June 30, 2017, I served the foregoing document described as
[PROPOSED] ORDER CORRECTING JUDGMENT on the interested parties in
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this action.
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SEE ATTACHED SERVICE LIST

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

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BY REGULAR MAIL: I deposited such envelope in the mail at 695 Town
Center Drive, 16th Floor, Costa Mesa, California 92626. The envelope was
mailed with postage thereon fully prepaid.
I am “readily familiar” with the firm’s practice of collection and processing
correspondence for mailing. It is deposited with the U.S. Postal Service on that
same day in the ordinary course of business. I am aware that on motion of the
party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one (1) day after date of deposit for mailing in affidavit.

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BY THE ACT OF FILING OR SERVICE, THAT THE DOCUMENT
WAS PRODUCED ON PAPER PURCHASED AS RECYCLED.

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by placing the original and/or a true copy thereof enclosed in (a) sealed
envelope(s), addressed as follows:

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BY OVERNIGHT MAIL: I deposited such documents at the Golden State
Overnight or Federal Express Drop Box located at 695 Town Center Drive, 16th
Floor, Costa Mesa, California 92626. The envelope was deposited with delivery
fees thereon fully prepaid.

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BY CM/ECF ELECTRONIC DELIVERY: In accordance with the registered
case participants and in accordance with the procedures set forth at the Court’s
website www.ecf.cacd.uscourts.gov

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(Federal) I declare that I am employed in the office of a member of the Bar of
this Court, at whose direction the service was made.

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Executed on June 30, 2017, at Costa Mesa, California.

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/s/ Julia Hernandez
Julia Hernandez

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PROOF OF SERVICE

SERVICE LIST
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Fab Films, LLC v. JPMorgan Chase Bank, N.A.
USDC Central Case No.: 2:16-cv-01722-PSG-SS

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818-474-1532
818-888-2229 (fax)
[e-mail]

Marshall Fred Goldberg
Law Firm of Glass and Goldberg
21700 Oxnard Street Suite 320
Woodland Hills, CA 91367-5095

Attorneys for Cross-Defendant

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Citi Communications Finance Corporation

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Ronald D Tym
The Tym Firm
10 30526 Rainbow View Dr.
Agoura Hills, CA 91301
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818-836-1428
818-337-2026 (fax)
[e-mail]

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Attorneys for Plaintiff and Cross-Defendant Fab
Films, LLC

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John F Medler, Jr
The Medler Law Firm LLC
14 77000 Bonhomme Avenue Suite 360
St Louis, MO 63105
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314-727-8777
314-727-7001 (fax)
[e-mail]
Attorneys for Cross-Defendant
Tamara Favazza

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James C Hughes
Valerie L. Makarewicz
AUSA - Office of the US Attorney
18 Tax Division
300 North Los Angeles Street Room 7211
19 Los Angeles, CA 90012

213-894-4961
213-894-0115 (fax)
[e-mail]

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Internal Revenue Service

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Mitchell J Langberg
Brownstein Hyatt Farber Schreck LLP
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2049 Century Park East Suite 3550
23 Los Angeles, CA 90067
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Attorneys for Cross-Defendant

310-500-4600
310-500-4602 (fax)
[e-mail]
Attorneys for Cross-Defendant
Stephen Wynn and Wynn Las Vegas

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PROOF OF SERVICE