Copelin v. Great Western Capital LLC, Nara Investment Group L

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Carol G. Unruh, #102929
LAW OFFICES OF CAROL G. UNRUH
3000 S. Robertson Blvd., Suite 215
Los Angeles, CA 90034
Tel(310) 842-9660, Fax (310) 842-9664
Attorney for Defendants
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
LOS ANGELES DIVISION
In re
AVIS RICHELLE COPELIN,
Debtor
AVIS RICHELLE COPELIN,
Plaintiff
vs.
GREAT WESTERN CAPITAL, LLC,
AMBER INVESTMENTS GROUP, INC.,
NARA INVESTMENTS GROUP, LLC,
DOES 1 TO 20,
Defendant(s)
Chapter 11
Case No. 2:13-bk-32580 RK
Adv. No. 2:14-ap-01454 RK
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
Date: 11/05/14
Time: 1:30 P.M.
Ctrm: 1675 Roybal Bldg.
After consideration of the papers in support of and in
opposition, if any, to Defendants’ Motion for Summary Judgment and
oral argument, if any, the Court determines that the following
facts have been established as:
FILED & ENTERED
JAN 14 2015
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY DEPUTY CLERK	tatum
CHANGES MADE BY COURT
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UNCONTROVERTED FACTS
1. On August 30, 2005, Plaintiff herein, Avis Richele Copelin,
executed a promissory note in the amount of $1,200,000.00 secured
by a first deed of trust in favor of lender First Franklin
regarding that certain real property located at 4629 Talofa Ave.,
Toluca Lake, CA 91602. APN 2420-020-011 (“the property”). The
deed of trust was recorded on September 2, 2005 in the Office of
the Recorder of Los Angeles County as recording number 05-
2125528.
[Defendants’ Request For Judicial Notice, Exhibit 1].
2. On August 30, 2005, Plaintiff herein, Avis Richelle Copelin,
executed a promissory note in the amount of $300,000.00 secured
by a second deed of trust in favor of First Franklin regarding
the property. The deed of trust was recorded on September 2, 2005
in the Office of the Recorder of Los Angeles County as recording
number 05 2125529.
[Defendants’ Request For Judicial Notice, Exhibit 2].
3. March 27, 2007, Plaintiff herein, Avis Richelle Copelin,
executed a grant deed transferring her interest in the property
to Holy Nation Entertainment, Inc. The grant deed was recorded on
December 10, 2007 in the Office of the Recorder of Los Angeles
County as recording number 20072705526.
[Defendants’ Request For Judicial Notice, Exhibit 3].
4. On September 15, 2008, Plaintiff herein, Avis Richelle
Copelin, executed a grant deed transferring her interest in the
property to Armen Hovhannisian. The grant deed was recorded on
September 18, 2008 in the Office of the Recorder of Los Angeles
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County as recording number 20081687049.
[Defendants’ Request For Judicial Notice, Exhibit 4].
5. On December 22, 2008, the beneficiary of the promissory note
and second deed of trust on the property exercised the power of
sale contained therein and conducted a foreclosure sale. The
purchaser of the property was Siboney A. Monge, Trustee To The
Talofa 4629 Trust. A Trustees Deed upon Sale was recorded on
December 24, 2008 in the Office of the Recorder of Los Angeles
County as recording number 20082254894.
[Defendants’ Request For Judicial Notice, Exhibit 5].
6. On May 7, 2009 Siboney Monge conveyed an interest in the
property to Alvina Hiznay. A Grant Deed was recorded on May 22,
2009 in the Office of the Recorder of Los Angeles County as
recording number 20090767420.
[Defendants’ Request For Judicial Notice, Exhibit 6].
7. On December 11, 2009, Alvina Hiznay executed a deed of trust
regarding the property in favor of Nicklaus Seward and Marina
Avetisyan. This junior deed of trust was recorded on December 16,
2009 in the Office of the Recorder of Los Angeles County as
recording number 20091911259.
[Defendants’ Request For Judicial Notice, Exhibit 7].
8. On July 7, 2010, the beneficiaries of the junior deed of
trust conducted a foreclosure sale of the property. Title to the
property was conveyed to beneficiaries Nicklaus Seward and Marina
Avetisyan. A Trustee’s Deed upon Sale was recorded on July 12,
2010 in the Office of the Recorder of Los Angeles County as
recording number 20100943787.
[Defendants’ Request For Judicial Notice, Exhibit 8].
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9. On April 18, 2011, the Superior Court Of California, County
Of Los Angeles entered a judgment in case number EC049804 (c/w
BC421897) declaring US Bank to be the beneficiary of the first
deed of trust on the property. The judgment also declared a
purported reconveyance of the deed of trust to Avis Copelin to be
a forgery, null and void, of no effect and ordered it to be
expunged from the records of the County Recorder’s Office. This
judgment was recorded on April 20, 2011 in the Office of the
Recorder of Los Angeles County as recording number 20110572273.
[Defendants’ Request For Judicial Notice, Exhibit 9].
10. On August 12, 2013, US Bank, the beneficiary under the
promissory note and first deed of trust on the property,
exercised the power of sale contained therein and conducted a
foreclosure sale. The purchasers of the property were Great
Western Capital, LLC (40%), Amber Investments Group, Inc. (30%),
and NARA Investments Group, LLC (30%). A Trustee’s Deed upon Sale
was recorded on August 15, 2013 in the Office of the Recorder of
Los Angeles County as recording number 20131201002.
[Defendants’ Request For Judicial Notice, Exhibit 10].
11. On August 21, 2013, Great Western Capital, LLC, Amber
Investments Group, Inc., and NARA Investments Group, LLC filed in
the Superior Court of California, County of Los Angeles, a
complaint for unlawful detainer entitled “ Great Western Capital,
LLC, et al v. Nicklaus Seward, et al”, case number 13R07067.
[Defendants’ Request for Judicial Notice, Exhibit 11].
12. Plaintiff herein, Avis Richelle Copelin, was not named as a
defendant or served with the complaint in the unlawful detainer
action.
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[Plaintiff’s Verified Complaint, page 4, lines 12-13].
13. Plaintiff herein, Avis Richelle Copelin, was not named in
the summons in the unlawful detainer action.
[Plaintiff’s Verified Complaint, page 4, lines 18-19].
14. Plaintiff herein, Avis Richelle Copelin, filed a voluntary
bankruptcy petition, case number 2:13-bk-32580 RK, on September
10, 2013.
[Declaration of Carol G. Unruh].
15. Great Western Capital, LLC, Amber Investments Group, Inc.,
and NARA Investments Group, LLC were not listed as creditors or
parties in interest in the bankruptcy filing and did not receive
notice of the filing through the Bankruptcy Court.
[Declaration of Carol G. Unruh].
16. Plaintiff herein, Avis Richelle Copelin, listed her
residence address on her bankruptcy petition as 144 N. Valley
Street, Burbank, CA 91505, and none other. She did not list
another address as a mailing address.
[Declaration of Carol G. Unruh].
17. Plaintiff herein, Avis Richelle Copelin, stated in her
bankruptcy schedules, filed on September 24, 2013, that she owned
the real property located at 144 N. Valley Street, Burbank, CA
91505 and no other real property.
[Declaration of Carol G. Unruh].
18. Plaintiff herein, Avis Richelle Copelin, failed to list in
her bankruptcy schedules, filed on September 24, 2013, that she
had a potential claim against anyone regarding the August 12,
2013 foreclosure sale.
[Declaration of Carol G. Unruh].
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19. Plaintiff herein, Avis Richelle Copelin, in her Statement of
Financial Affairs filed on September 24, 2013 in the bank-
ruptcy case, stated that she had not resided at another location
within the three years preceding the filing of the bankruptcy
case.
[Declaration of Carol G. Unruh].
20. Plaintiff herein, Avis Richelle Copelin, in her Statement of
Financial Affairs filed on September 24, 2013 in the bankruptcy
case, stated that she did not hold or control any property
belonging to another person.
[Declaration of Carol G. Unruh].
21. Plaintiff herein, Avis Richelle Copelin, in her Statement of
Financial Affairs filed on September 24, 2013 in the bankruptcy
case, stated that she was not and had not been a party to any
lawsuit or administrative proceedings within the one year
preceding the filing of the bankruptcy case.
[Declaration of Carol.G. Unruh].
22. Plaintiff herein, Avis Richele Copelin, in her Statement of
Financial Affairs filed on September 24, 2013 in the bankruptcy
case, stated that she had not had any property that had been
repossessed by a creditor, sold at a foreclosure sale,
transferred through a deed in lieu of foreclosure or returned to
a seller within the one year preceding the filing of the
bankruptcy case.
[Declaration of Carol G. Unruh].
23. On October 23, 2013, judgment was entered in the Superior
Court unlawful detainer action. Plaintiff herein, Avis Richelle
Copelin, was not named in that judgment. On November 4, 2013, a
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writ of possession was issued by the Superior Court.
[Plaintiff’s Verified Complaint, page 4, line 21 to
page 5, line 1].
24. On November 19, 2013, Plaintiff herein, Avis Richelle
Copelin, filed in the Superior Court an ex parte application to
shorten time to hear a motion to set aside the unlawful detainer
judgment. That application was denied without prejudice to her
filing a postjudgment claim of right to possession.
[Defendants’ Request For Judicial Notice, Exhibits 12
and 13].
25. On November 19, 2013 Plaintiff herein, Avis Richelle
Copelin, filed in the Superior Court a postjudgment claim of
right to possession regarding the property located at 4629 Talofa
Ave., Toluca Lake, CA 91602 and renewed her application for
shortened time to hear a motion to vacate the judgment. The Court
set a hearing on those matters for November 25, 2013.
[Defendants’ Request For Judicial Notice, Exhibit 12].
26. On November 25, 2013 the Superior Court continued the
hearing on Copelin’s motion and claim of right to possession to
December 11, 2013.
[Defendants’ Request For Judicial Notice, Exhibits 12
and 14].
27. On December 11, 2013, the Superior Court continued the
hearing on Copelin’s motion and claim of right to possession to
December 30, 2013 due to Copelin’s bankruptcy and instructed
Plaintiff in that action (Great Western, et al) to give notice.
[Defendants’ Request For Judicial Notice, Exhibits 12
and 15].
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28. On December 30, 2013, the Superior Court continued Copelin’s
motion and claim of right to possession to January 27, 2014 due
to Copelin’s bankruptcy and instructed Plaintiff in that action
(Great Western, et al) to give notice.
[Defendants’ Request For Judicial Notice, Exhibit 12].
29. Plaintiff herein, Avis Richelle Copelin, received a
discharge in the bankruptcy case on December 30, 2013.
[Declaration of Carol G. Unruh].
Based on the foregoing uncontroverted facts, the Court now
makes its
CONCLUSIONS OF LAW
1. On August 12, 2013, Plaintiff herein, Avis Richelle
Copelin, did not have an ownership interest in the real property
located at 4629 Talofa Ave., Toluca Lake, CA 91602, APN 2420-020-
011.
2. Defendants Great Western Capital, LLC, Amber
Investments Group, Inc., and NARA Investments Group, LLC could
not have violated the automatic stay pursuant to 11 U.S.C.
§362(a) by not naming Plaintiff herein, Avis Richelle Copelin, as
a defendant in Superior Court case number 13R07067 filed on
August 21, 2013.
3. The real property located at 4629 Talofa Ave., Toluca
Lake, CA 91602, APN 2420-020-011, was never an asset of the
bankruptcy estate created by the filing of Plaintiff’s bankruptcy
case, number 2:13-bk-32580 RK on September 10, 2013, because
Plaintiff had no interest in that property on that date.
4. Defendants Great Western Capital, LLC, Amber
Investments Group, Inc., and NARA Investments Group, LLC did not
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violate the automatic stay pursuant to 11 U.S.C. §362(a) on
September 13, 2013, when the summons and complaint in Superior
Court case number 13R07067 were served on defendants other than
Plaintiff herein, Avis Richelle Copelin, who was not served.
5. Defendants Great Western Capital, LLC, Amber
Investments Group, Inc., and NARA Investments Group, LLC did not
violate the automatic stay pursuant to 11 U.S.C. §362(a) when the
Superior Court entered judgment in case number 13R07067 on
October 2, 2013 against defendants other than Plaintiff herein,
Avis Richelle Copelin, against whom judgment was not entered.
6. Defendants Great Western Capital, LLC, Amber
Investments Group, Inc., and NARA Investments Group, LLC did not
violate the automatic stay pursuant to 11 U.S.C. §362(a) when the
Superior Court set hearings for November 19, 2013, November 25,
2013, December 11, 2013, and December 30, 2013, as a result of
the pleadings filed in that court by Plaintiff herein, Avis
Richelle Copelin.
7. Due to the discharge entered by the Court in
Plaintiff’s bankruptcy case, number 2:13-bk-32580 RK on December
30, 2013, there could be no violation of the automatic stay by
Defendants after that date.
8. Plaintiff herein, Avis Richelle Copelin, has failed to
meet her burden of proof to show that there has been a willful
violation of the automatic stay pursuant to 11 U.S.C. §362(a) by
Defendants.
///
///
///
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Judgment shall be entered in Defendants’ favor consistent
herewith.
IT IS SO ORDERED.
###
Date: January 14, 2015
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