Robert P. Mosier v. Christopher M. Lee et al

Filing 71

JUDGMENT by Judge Josephine L. Staton, On December 22, 2016, the Court granted partial summary judgment in favor of Plaintiff Robert P. Mosier, in his capacity as the Court-appointed permanent receiver over Capital Cove Bancorp LLC and its affiliate s and subsidiaries (the "Receiver"), on his first, second, and fifth claims for relief. (MSJ Order, Doc. 65.) On January 11, 2017, the Court dismissed the Receivers remaining claims for relief. (Dismissal Order, Doc. 70.) The Court hereby finds and orders as follows: *Refer to Order for details.* 65 (MD JS-6, Case Terminated). (es)

JS-6
1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10

SOUTHERN DIVISION

11
12 ROBERT P. MOSIER, solely in his
capacity as Permanent Receiver in the
13 matter of Securities and Exchange
Commission vs. Capital Cove Bancorp
14 LLC and Christopher M. Lee aka
Rashid K. Khalfani, U.S. Dist. Court,
15 Central Dist. of CA, Case No.: CV1500980-JLS (JCx),
16
Plaintiff,
17
18

v.

19

CHRISTOPHER M. LEE A/K/A
20 RASHID K. KHALFANI, as Co21 Trustee of the Tealuck Family Trust;
PHILIP ANDREWS, as Co-Trustee of
22 the Tealuck Family Trust; NOOJAEW
23 CAWTE, as Co-Trustee of the Tealuck
Family Trust; TEALUCK FAMILY
24 TRUST; and NEPENTHE CAPITAL
25 MANAGEMENT, INC.,
26

Defendants.

27
28
1

Case No. 8:15-cv-02110-JLS-JCx

JUDGMENT

1

On December 22, 2016, the Court granted partial summary judgment in favor

2 of Plaintiff Robert P. Mosier, in his capacity as the Court-appointed permanent
3 receiver over Capital Cove Bancorp LLC and its affiliates and subsidiaries (the
4 “Receiver”), on his first, second, and fifth claims for relief. (MSJ Order, Doc. 65.)
5 On January 11, 2017, the Court dismissed the Receiver’s remaining claims for relief.
6 (Dismissal Order, Doc. 70.) The Court hereby finds and orders as follows:
7

1.

Judgment is granted in favor of the Receiver on his first claim for relief

8 seeking avoidance of an actual fraudulent transfer, and the transfer of the property
9 located at 228 Pomello Dr., Claremont California, and legally described as:
10

LOT 22 AND THE NORTH 7.00 FEET OF LOT 21 OF TRACT
35323, IN THE CITY OF CLAREMONT, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA AS PER MAP RECORDED IN
BOOK 1043, PAGE(S) 76 THROUGH 78, INCLUSIVE OF MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
EXCEPT THEREFROM ALL OIL, GAS MINERALS, AND OTHER
HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET,
WITHOUT RIGHT OF SURFACE ENTRY, AS RESERVED IN
INSTRUMENT OF RECORD. EXCEPT THEREFROM ALL WATER
AND SUBSURFACE WATER RIGHT, BELOW A DEPTH OF 500
FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS
DEDICATED OR RESERVED IN INSTRUMENT OF RECORD.
APN: 8671-016-055

11
12
13
14
15
16
17
18

19 (the “Pomello Property”) to Defendant Tealuck Family Trust is hereby avoided and
20 recovered for the benefit of the Receivership Estate.
21

2.

Defendant Tealuck Family Trust, by and through co-trustees and

22 Defendants Rashid Khalfani and Noojaew Cawte, is ordered to turn over the Pomello
23 Property to the Receiver within 14 days of the date of entry of this Judgment.
24

3.

Judgment is granted in favor of the Receiver on his second claim for

25 relief seeking avoidance and recovery of an actual fraudulent transfer, and the
26 transfer granting the deed of trust in favor of Defendant Nepenthe Capital
27 Management, Inc., (the “Nepenthe Deed of Trust”) against the Pomello Property in
28 the amount of $1,000,000, which was recorded on August 30, 2013, as Instrument
2

1 No. 20131273851 in the official records of the County of Los Angeles (the
2 “Nepenthe Transfer”), is hereby avoided and recovered for the benefit of the
3 Receivership Estate.
4

5.

Judgment is granted in favor of the Receiver on his fifth claim for relief

5 seeking avoidance and recovery of actual fraudulent transfers, and the Cash
6 Transfers to Defendant Tealuck Family Trust as defined in the Court’s order granting
7 partial summary judgment, (Doc. 65), in the total amount of $240,682.25 are hereby
8 avoided and recovered for the benefit of the Receivership Estate.
9

6.

Defendant Tealuck Family Trust, by and through co-trustees and

10 Defendants Rashid Khalfani and Noojaew Cawte, is ordered to pay the sum of
11 $240,682.25 to the Receiver.
12

IT IS SO ORDERED.

13
14
15 Dated: January 11, 2017
16
_______________________________
The Honorable Josephine L. Staton
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28
3