Salameh et al v. Tarsadia Hotel et al

Filing 518

ORDER Denying 500 Defendants 5th Rock LLC and MPK One, LLC's Motion for Order of Sale Against Plaintiff Tamer Salameh. Signed by Judge Gonzalo P. Curiel on 3/23/16. (All non-registered users served via U.S. Mail Service)(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TAMER SALAMEH, an individual, et
al.,

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Plaintiffs,

vs.

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TARSADIA HOTEL, a California
Corporation, et. al.,

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CASE NO. 09cv2739-GPC(BLM)
ORDER DENYING DEFENDANTS
5TH ROCK LLC AND MPK ONE,
LLC’S MOTION FOR ORDER OF
SALE AGAINST PLAINTIFF
TAMER SALAMEH
[Dkt. No. 500.]

Defendants.

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On January 8, 2015, Defendants/Judgment Creditors 5th Rock LLC and MPK

18 One, LLC filed a motion for order to sell the dwelling of Plaintiff/Judgment Debtor
19 Tamer Salameh. (Dkt. No. 500.) A response and reply were filed. (Dkt. Nos. 503,
20 506.) On February 5, 2016, Plaintiff Salameh filed a notice of automatic stay due to
21 a bankruptcy filing in the Southern District of California. (Dkt. No. 510.) In his
22 notice, he requests that the motion for order of sale be stayed. (Id. at 2.) The United
23 States Bankruptcy Code provides for an automatic stay of a judicial action “against the
24 debtor” that was commenced before the bankruptcy. 11 U.S.C. § 362(a)(1); In re
25 White, 186 B.R. 700, 703 (9th Cir. 1995). “The automatic stay is self-executing,
26 effective upon the filing of the bankruptcy petition.” In re Gruntz, 202 F.3d 1074,
27 1081 (9th Cir. 2000). Due to
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[09cv2739 ]

1 the automatic stay, the Court DENIES the motion for order of sale against Plaintiff
2 Salameh without prejudice to refiling once the automatic stay is lifted.
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IT IS SO ORDERED.

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5 DATED: March 23, 2016
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HON. GONZALO P. CURIEL
United States District Judge

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[09cv2739 ]