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

Filing 134


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1 2 3 4 5 JOHN M. SORICH (CA Bar No. 125223) John.Sorich@piblaw.com HEATHER E. STERN (CA Bar No. 217447) Heather.Stern@piblaw.com PARKER IBRAHIM & BERG LLC 695 Town Center Drive, 16th Floor Costa Mesa, California 92626 Tel: (714) 361-9550 Fax: (714) 784-4190 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 6 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 12 13 FAB FILMS, LLC, as Trustee, 14 15 16 17 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 , 18 JUDGMENT OF FORECLOSURE AND ORDER OF SALE Defendants. 19 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 20 Cross-Complainant, 23 24 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; 25 {00639164.DOCX } 1 JUDGMENT OF FORECLOSURE AND ORDER OF SALE 1 2 3 4 5 6 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. 7 8 9 The above-entitled matter came on regularly for trial on April 4, 2017, the 10 Honorable Philip S. Gutierrez, Judge Presiding. All appearances were as noted on the 11 record. 12 Having fully considered the Motion for Summary Adjudication of Claims and 13 Defenses of Defendants JPMorgan Chase Bank, N.A. (“Chase”) and California 14 Reconveyance Company (“CRC”) (together, “Defendants”) and Cross-Complainant 15 JPMorgan Chase Bank, N.A., An Acquirer Of Certain Assets And Liabilities Of 16 Washington Mutual Bank From The Federal Deposit Insurance Corporation As 17 Receiver (“Cross-Complainant”) in this action (Docket No. 104), and all papers filed 18 related thereto; and the issues with respect to that motion having been duly heard and 19 an Order Granting Defendants’ Motion for Summary Judgment and Denying 20 Plaintiff’s Rule 56(d) Request having been duly entered (Docket No. 119); and having 21 fully considered the evidence presented at trial in this matter by way of declaration in 22 lieu of direct testimony pursuant to Local Rule 43.1, which was adopted by the 23 respective witnesses orally in open court, as well as the Request to Take Judicial 24 Notice, and the pleadings, papers, and records of this action, and all other evidence 25 presented at the Court trial in this matter on April 4, 2017; and GOOD CAUSE 26 APPEARING, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 27 Judgment shall be entered in favor of Defendants and Cross-Complainant, and 28 against Plaintiff Fab Films, LLC, and each of the Cross-defendants, on the terms set {00639164.DOCX } 2 JUDGMENT OF FORECLOSURE AND ORDER OF SALE 1 2 forth in the following paragraphs: 1. The Court orders that the real property (the “Property”) commonly 3 known as 1111 Bel Air Place, Los Angeles, California 90077, and legally described as 4 follows: 5 LOT 7 OF TRACT NO. 13772, IN THE CITY OF LOS 6 ANGELES, COUNTY OF LOS ANGELES, STATE OF 7 CALIFORNIA, AS PER MAP RECORDED IN BOOK 285, 8 PAGES 33 TO 35, INCLUSIVE OF MAPS, IN THE OFFICE OF 9 THE COUNTY RECORDER OF SAID COUNTY. 10 TOGETHER WITH THAT PORTION OF BEL-AIR PLACE AS 11 SHOWN ON TRACT NUMBER 13772 AS PER MAP 12 RECORDED IN BOOK 285 PAGES 33, 34 AND 35 OF MAPS, 13 IN THE OFFICE OF THE COUNTY RECORDER OF LOS 14 ANGELES COUNTY VACATED BY RESOLUTION ON 05- 15 1400622, RECORDED OCTOBER 17, 2005 AS INSTRUMENT 16 NO. 05-2493512, OFFICIAL RECORDS, AND THAT WOULD 17 PASS WITH A LEGAL CONVEYANCE OF LOT 7. 18 be sold in the manner prescribed by law, and that a writ of sale be issued to the United 19 States Marshals Service, ordering and directing the U.S. Marshal to conduct such sale. 20 2. Any party to this action may purchase the Property at the sale. From the 21 sale proceeds, the Court shall pay to Cross-Complainant, from all or such sums as 22 may be sufficiently obtained from the sale, (i) the expenses of levy and sale advanced 23 by Cross-Complainant, plus (ii) the total indebtedness of $6,275,966.88 together with 24 interest accruing at the rate of 4.0% from April 4, 2017 at a daily rate of $540.86 per 25 day, which sums are secured by the Deed of Trust set forth in the Cross-Complaint, 26 and which sums may be credit bid by Cross-Complainant at the sale. 27 28 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 {00639164.DOCX } 3 JUDGMENT OF FORECLOSURE AND ORDER OF SALE 1 Notices of Federal Tax Lien (NFTLs) filed against the Subject Property and cross- 2 defendants Joseph Francis and Blue Horse Trading, LLC. If any surplus remains after 3 payment of the NFTLs, the funds shall be interpleaded and deposited into the registry 4 of the Court, wherein any remaining judgment creditor/lienholder can apply to the 5 Court for distribution. 6 4. There is no Cross-Defendant against whom a deficiency judgment may 7 be ordered or who is claimed to be personally liable for payment of the sums secured 8 by the Deed of Trust. 9 5. On completion of the sale, the U.S. Marshal shall execute a deed of sale 10 to the purchaser, who may then take possession of the Property, if necessary, with the 11 assistance of the United States Marshals Service. 12 6. Cross-Defendants Joseph Francis and Fab Films, LLC, all persons 13 claiming from or under him or it, all persons and their personal representatives having 14 liens subsequent to the Deed of Trust by judgment or decree on the described real 15 property, all persons and their heirs or personal representatives having any lien or 16 claim by or under such subsequent judgment or decree, all persons claiming under 17 them, and all persons claiming to have acquired any estate or interest in the Property 18 are forever barred and foreclosed from all equity of redemption in and claim to the 19 property from after delivery of the deed by the U.S. Marshal. 20 21 7/21/17 DATED: _____________________ ________________________________ District Court Judge 22 23 24 25 26 27 28 {00639164.DOCX } 4 JUDGMENT OF FORECLOSURE AND ORDER OF SALE PROOF OF SERVICE 1 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 2 3 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. 4 6 On June 30, 2017, I served the foregoing document described as [PROPOSED] ORDER CORRECTING JUDGMENT on the interested parties in 7 this action. 8  9 SEE ATTACHED SERVICE LIST 10 11  12 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. 13 14 15 BY THE ACT OF FILING OR SERVICE, THAT THE DOCUMENT WAS PRODUCED ON PAPER PURCHASED AS RECYCLED. 16 17 by placing the original and/or a true copy thereof enclosed in (a) sealed envelope(s), addressed as follows:  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.  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  23 (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. 24 Executed on June 30, 2017, at Costa Mesa, California. 18 19 20 21 22 25 26 /s/ Julia Hernandez Julia Hernandez 27 28 PROOF OF SERVICE SERVICE LIST 1 2 Fab Films, LLC v. JPMorgan Chase Bank, N.A. USDC Central Case No.: 2:16-cv-01722-PSG-SS 3 4 5 6 818-474-1532 818-888-2229 (fax) mgoldberg@glassgoldberg.com Marshall Fred Goldberg Law Firm of Glass and Goldberg 21700 Oxnard Street Suite 320 Woodland Hills, CA 91367-5095 Attorneys for Cross-Defendant 7 Citi Communications Finance Corporation 8 Ronald D Tym The Tym Firm 10 30526 Rainbow View Dr. Agoura Hills, CA 91301 11 818-836-1428 818-337-2026 (fax) rtym@tymfirm.com 9 Attorneys for Plaintiff and Cross-Defendant Fab Films, LLC 12 13 John F Medler, Jr The Medler Law Firm LLC 14 77000 Bonhomme Avenue Suite 360 St Louis, MO 63105 15 314-727-8777 314-727-7001 (fax) john@medlerlawfirm.com Attorneys for Cross-Defendant Tamara Favazza 16 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) James.Hughes2@usdoj.gov 20 Internal Revenue Service 17 21 Mitchell J Langberg Brownstein Hyatt Farber Schreck LLP 22 2049 Century Park East Suite 3550 23 Los Angeles, CA 90067 24 Attorneys for Cross-Defendant 310-500-4600 310-500-4602 (fax) mlangberg@bhfs.com Attorneys for Cross-Defendant Stephen Wynn and Wynn Las Vegas 25 26 27 28 PROOF OF SERVICE

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