Sterling Debartolo, Inc. v. Esther Eames, LLC et al
Adversary Proceeding
Lead BK case is: 3:16-bk-30887
Lead BK case is: 3:16-bk-30887
| California Northern Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Dennis Montali |
| Case #: | 3:16-ap-03107 |
| Nature of Suit | 71 Bankruptcy - Injunctive relief - imposition of stay 13 Bankruptcy - Recovery of money/property - �548 fraudulent transfer 14 Bankruptcy - Recovery of money/property - other |
| Case Filed: | Oct 03, 2016 |
| Terminated: | Jun 14, 2017 |
| Last checked: never |
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Defendant
Esther Eames, LLC
801 High Street
Palo Alto, CA 94301 |
Represented By
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Defendant
SBS Trust Deed Network
Ashley McCoy 20631 Ventura Blvd. #301
Woodland Hills, CA 91364 |
Represented By
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Defendant
Yosemite Capital, LLC, A California LLC
225 Marvin Ave
Los Altos, CA 94022 |
Represented By
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Defendant
Garry M. Samuels, Trustee of the Garry M. Samuels 1998 Trust
PO Box 129
Pleasanton, CA 94566 |
Represented By
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Defendant
Pensco Trust Company, Cust FBO Ronald L. Freier
450 Sansome Street, 14th Floor
San Francisco, CA 94111 |
Represented By
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Defendant
Silver Star Investments, LLC, A Nevada LLC
2727 Newport Blvd., Suite 203
Newport Beach, CA 92663 |
Represented By
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Defendant
Dwight Centanne
2727 Newport Blvd., Suite 203
Newport Beach, CA 92663 |
Represented By
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Defendant
Capital Benefit Mortgage, Inc.
2727 Newport Blvd., #203
Newport Beach, CA 92663 |
Represented By
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Defendant
DOES 1-10
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Represented By
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Plaintiff
Sterling Debartolo, Inc.
2656 Eaton Avenue
Redwood CIty, CA 94062 |
Represented By
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| Docket last updated: 12/15/2023 1:05 PM PST |
| Wednesday, June 14, 2017 | ||
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court
Close Adversary Case
Wed 06/14 2:16 PM
Adversary Case Closed 3:16-ap-3107. (dmf) |
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| Sunday, January 08, 2017 | ||
| 20 | 20
court
BNC Certificate of Mailing - Electronic Order
Sun 01/08 9:26 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 01/08/2017. (Admin.) |
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| Friday, January 06, 2017 | ||
| 19 | 19
audio
audio
Fri 01/06 8:55 PM
PDF with attached Audio File. Court Date & Time [ 1/6/2017 10:01:13 AM ]. File Size [ 5940 KB ]. Run Time [ 00:24:45 ]. (admin) |
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| 18 | 18
order
Dismiss Adversary Proceeding
Fri 01/06 3:48 PM
Order Granting Motions to Dismiss Adversary Proceeding (dmf) |
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court
Hearing Held (Adv)
Fri 01/06 10:28 AM
Hearing Held. The status conference is taken off calendar. (lp ) |
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court
Hearing Held (Adv)
Fri 01/06 2:11 PM
Hearing Held. The motion is granted without prejudice for the reasons stated on the record. The plaintiff may amend the complaint after the District Court disposes of the pending appeal. The court will prepare a written order. (lp ) |
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court
Hearing Held (Adv)
Fri 01/06 2:11 PM
Hearing Held. The motion is granted without prejudice for the reasons stated on the record. The plaintiff may amend the complaint after the District Court disposes of the pending appeal. The court will prepare a written order. (lp ) |
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| Saturday, December 31, 2016 | ||
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order
Judge Docket Order
Sat 12/31 10:40 AM
DOCKET TEXT ORDER (no separate order issued:) TENTATIVE RULING ON MOTIONS TO DISMISS. GRANT, WITHOUT PREJUDICE. The pending appeal of the annulment order must be resolved first, as this court may lack jurisdiction to affect the issue on appeal. Further, the deed was recorded within the fifteen day grace period of Calif. Civil Code section 2924h(c), and thus there was no stay violation. See Bebensee-Wong v. FNMA, 248 B.R. 820 (9th Cir BAP 2000). Finally, stay violations require a motion under FRBP 9020 rather than an adversary proceeding. See Barrientos v. Wells Fargo Bank, 633 F. 3rd 1186 (9th Cir. 2011). If counsel for plaintiff accepts this tentative, he should notify both opposing counsel and the courtroom deputy (Ms. Lorena Parada, 415-268-2323, lorena_parada@canb.uscourts.gov) no later than January 5, 2017, in which case the motions will be dropped from the January 6 calendar and counsel for Esther Eames should serve and upload two orders granting the two motions to dismiss for the reasons stated in this tentative ruling. . (Montali, Dennis) |
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| Friday, December 30, 2016 | ||
| 17 | 17
misc
Reply
Tue 01/03 10:44 AM
Defendants' Reply to Plaintiff's Opposition to Motion to Dismiss Adversary Complaint with Prejudice on Both Causes of Actions. . Filed by Defendants Capital Benefit Mortgage, Inc. , Dwight Centanne , Pensco Trust Company , SBS Trust Deed Network , Garry M. Samuels , Silver Star Investments, LLC , Yosemite Capital, LLC (gh) |
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| Friday, December 23, 2016 | ||
| 16 | 16
misc
Certificate of Service
Fri 12/23 4:42 PM
Certificate of Service . Filed by Plaintiff Sterling Debartolo, Inc. (Parr, Shawn) |
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| 15 | 15
misc
Opposition Brief/Memorandum
Fri 12/23 4:32 PM
Brief/Memorandum in Opposition to . Filed by Plaintiff Sterling Debartolo, Inc. (Parr, Shawn) |
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| 14 | 14
misc
Opposition Brief/Memorandum
Fri 12/23 4:28 PM
Brief/Memorandum in Opposition to . Filed by Plaintiff Sterling Debartolo, Inc. (Parr, Shawn) |
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| Thursday, November 24, 2016 | ||
| 13 | 13
court
BNC Certificate of Mailing - Electronic Order
Thu 11/24 9:29 PM
BNC Certificate of Mailing - Electronic Order . Notice Date 11/24/2016. (Admin.) |
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| Tuesday, November 22, 2016 | ||
| 12 | 12
order
Continue Hearing
Tue 11/22 4:10 PM
Order Continuing Status Conference . Status Conference scheduled for 1/6/2017 at 10:00 AM San Francisco Courtroom 17 - Montali for 1 , . (wbk) |
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| Friday, November 18, 2016 | ||
| 11 | 11
notice
Notice of Hearing
Mon 11/21 9:30 AM
Notice of Hearing . Hearing scheduled for 1/6/2017 at 10:00 AM at San Francisco Courtroom 17 - Montali. Filed by Defendants Capital Benefit Mortgage, Inc. , Dwight Centanne , Pensco Trust Company , SBS Trust Deed Network , Garry M. Samuels , Silver Star Investments, LLC , Yosemite Capital, LLC (gh) |
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| Monday, November 14, 2016 | ||
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court
Hearing Set
Mon 11/14 2:33 PM
Hearing Set On . Hearing scheduled for 1/6/2017 at 10:00 AM at San Francisco Courtroom 17 - Montali. (dc) |
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| Thursday, November 10, 2016 | ||
| 10 | 10
motion
Dismiss Adversary Proceeding
Mon 11/14 2:32 PM
Motion to Dismiss Adversary Proceeding and Notice of Motion. Filed by Defendants Capital Benefit Mortgage, Inc., Dwight Centanne, Pensco Trust Company, SBS Trust Deed Network, Garry M. Samuels, Silver Star Investments, LLC., Yosemite Capital, LLC. (dc) |
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Att: 1
Defendants' Notince of Motion- Part 2
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Att: 2
Defendants' Notince of Motion- Part 3
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| Wednesday, November 09, 2016 | ||
| 9 | 9
notice
Notice of Hearing
Wed 11/09 12:04 PM
Notice of Hearing . Hearing scheduled for 1/6/2017 at 10:00 AM at San Francisco Courtroom 17 - Montali. Filed by Defendant Esther Eames, LLC. (Weber, Edward) |
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Att: 1
Certificate of Service
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| 8 | 8
motion
Dismiss Adversary Proceeding
Wed 11/09 11:03 AM
Motion to Dismiss Adversary Proceeding Filed by Defendant Esther Eames, LLC. (Weber, Edward) |
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Att: 1
5 pgs
Exhibit 1
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Att: 2
Exhibit 2
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Att: 3
Certificate of Service
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| Tuesday, October 11, 2016 | ||
| 7 | 7
misc
Certificate of Service
Tue 10/11 1:34 PM
Supplemental Certificate of Service . Filed by Plaintiff Sterling Debartolo, Inc. (Parr, Shawn) |
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| Friday, October 07, 2016 | ||
| 6 | 6
misc
Certificate of Service
Fri 10/07 6:17 PM
Certificate of Service . Filed by Plaintiff Sterling Debartolo, Inc. (Parr, Shawn) |
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| Thursday, October 06, 2016 | ||
| 5 | 5
court
BNC Certificate of Mailing
Thu 10/06 9:29 PM
BNC Certificate of Mailing . Notice Date 10/06/2016. (Admin.) |
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| Wednesday, October 05, 2016 | ||
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court
Hearing Dropped
Wed 10/05 9:42 AM
Hearing Dropped. Status Conference scheduled at US Trustee Office terminated as set in error. (lp ) |
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| Tuesday, October 04, 2016 | ||
| 4 | 4
order
Discovery
Tue 10/04 4:52 PM
Order Regarding Initial Disclosures and Discovery Conference (dc) |
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| 3 | 3
court
Summons Issued
Tue 10/04 4:51 PM
Summons Issued on Capital Benefit Mortgage, Inc. Answer Due 11/3/2016; Dwight Centanne Answer Due 11/3/2016; DOES 1-10 Answer Due 11/3/2016; Esther Eames, LLC Answer Due 11/3/2016; Pensco Trust Company Answer Due 11/3/2016; SBS Trust Deed Network Answer Due 11/3/2016; Garry M. Samuels Answer Due 11/3/2016; Silver Star Investments, LLC Answer Due 11/3/2016; Yosemite Capital, LLC Answer Due 11/3/2016 . Status Conference scheduled for 12/16/2016 at 01:30 PM at San Francisco Courtroom 17 - Montali. (dc) |
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| 2 | 2
court
Summons Issued
Tue 10/04 4:44 PM
Summons Issued on Capital Benefit Mortgage, Inc. Answer Due 11/3/2016; Dwight Centanne Answer Due 11/3/2016; DOES 1-10 Answer Due 11/3/2016; Esther Eames, LLC Answer Due 11/3/2016; Pensco Trust Company Answer Due 11/3/2016; SBS Trust Deed Network Answer Due 11/3/2016; Garry M. Samuels Answer Due 11/3/2016; Silver Star Investments, LLC Answer Due 11/3/2016; Yosemite Capital, LLC Answer Due 11/3/2016 . Status Conference scheduled for 12/16/2016 at 01:30 PM at Office of the U.S. Trustee Office 450. (dc) |
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utility
Error
Tue 10/04 4:42 PM
**ERROR** Adversary Cover Sheet was not submitted . (dc) |
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| Monday, October 03, 2016 | ||
| 1 | 1
cmp
Complaint
Mon 10/03 5:09 PM
Adversary case[LINK 16-03107 . 13 , 14, 71 (Injunctive relief - reinstatement of stay) Complaint by Sterling Debartolo, Inc. against Esther Eames, LLC, SBS Trust Deed Network, Yosemite capital, LLC, Garry M. Samuels, Pensco Trust Company, Silver Star Investments, LLC, Dwight Centanne, Capital Benefit Mortgage, Inc.. Fee Amount $350. (Parr, Shawn) |
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Att: 1
Exhibit A
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Att: 2
Exhibit B
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Att: 3
Exhibit C
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crditcrd
none
Mon 10/03 5:11 PM
Receipt of filing fee for Complaint 16-03107 [cmp,cmp] ( 350.00). Receipt number 26785686, amount $ 350.00 (U.S. Treasury) |
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