Stellmacher v. Guerrero et al

Filing 83

RENEWAL OF JUDGMENT AND JUDGMENT signed by District Judge John A. Mendez on 9/18/19 GRANTING 82 Motion for Judgment. Judgment is entered effective as of 9/20/19, as follows: Judgment is entered in favor of Robert Stellmacher in the amount of &# 036;924,024,135.87, plus interest as allowed by law from 9/20/19 until paid, as against the following defendants (judgment debtors): ROBERTO M. GUERRERO, aka ROBERT GUERRERO, aka ROBERTO GUERRERO MONTANO, an individual; LUIS GERARDO GUERRERO, aka L UIS GERARDO GUERRERO MONTANO, an individual; REGALIA MORTGAGE COMPANY, INC., a California corporation, doing business as REGALIA MORTGAGE (Referred to jointly as Regalia Mortgage Company, Inc.) IT IS FURTHER ORDERED AND ADJUDGED THAT in addition the judgment debtor Robert Guerrero is the constructive trustee for plaintiff Robert Stellmacher with respect to the sum of $527,750.00 paid by Richard Stellmacher to defendant and just debtor Robert Guerrero as described in the original judgment 56 and this Court continues to reserve jurisdiction to impose a constructive trust upon property or property rights as may have been acquired and/or preserved by the defendant by the use of said funds. (Mena-Sanchez, L)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

RICHARD STELLMACHER, an
individual, dba STELLMACHER
CONSTRUCTION & DEVELOPMENT,

)
) Case No. 2:10-CV-01357-JAM-KJM
)
)
Plaintiff,
)
)
vs.
)
)
ROBERTO M. GUERRERO, aka ROBERT
)
GUERRERO, aka ROBERTO GUERRERO
) RENEWAL OF JUDGMENT
MONTANO, an individual; LUIS GERARDO )
AND
GUERRERO, aka LUIS GERARDO
)
JUDGMENT
GUERRERO MONTANO, an individual;
)
MANUEL VIZCARRA, an individual;
)
REGALIA MORTGAGE COMPANY, INC., a )
California corporation, and REGALIA
)
MORTGAGE COMPANY MEXICO S.A. DE )
C.V., a foreign business entity, both doing
)
business as REGALIA MORTGAGE
)
COMPANY,
)
)
Defendants.
)
_______________________________________)

Upon the application of the Plaintiff Robert Stellmacher for the renewal of the
original judgement as to the judgment debtors, supported by the Declaration of Montie S.
Day and the Application for the Renewal of the Judgment, and for good cause appearing,
the application is granted and judgment is entered effective as of September 20, 2019, as
follows:
IT IS ORDERED judgment is entered in favor of Robert Stellmacher in the
amount of $924,024,135.87, plus interest as allowed by law from September 20, 2019
until paid, as against the following defendants (judgment debtors):
ROBERTO M. GUERRERO, aka ROBERT GUERRERO, aka ROBERTO
GUERRERO MONTANO, an individual;
LUIS GERARDO GUERRERO, aka LUIS GERARDO GUERRERO
MONTANO, an individual;
REGALIA MORTGAGE COMPANY, INC., a California corporation, doing
business as REGALIA MORTGAGE (Referred to jointly as Regalia Mortgage
Company, Inc.)

IT IS FURTHER ORDERED AND ADJUDGED THAT in addition the judgment
debtor Robert Guerrero is the constructive trustee for plaintiff Robert Stellmacher with
respect to the sum of $527,750.00 paid by Richard Stellmacher to defendant and just
debtor Robert Guerrero as described in the original judgment (Docket No. 56) and this
Court continues to reserve jurisdiction to impose a constructive trust upon property or
property rights as may have been acquired and/or preserved by the defendant by the use
of said funds.

_______
ORDER AND JUDGMENT

IT IS SO ORDERED AND JUDGMENT IS EFFECTIVE AS OF SEPTEMBER
20, 2019.

Date: September 18, 2019
/s/ John A. Mendez________________________
Honorable John A. Mendez
UNITED STATES DISTRICT COURT JUDGE
Eastern District of California

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ORDER AND JUDGMENT