United States District Court, C.D. California
M. SORICH (CA Bar No. 125223), HEATHER E. STERN (CA Bar No.
217447), Parker Ibrahim &Berg LLC, Attorneys for
Defendants JPMORGAN CHASE BANK, N.A. and CALIFORNIA
RECONVEYANCE COMPANY and Cross-Complainant JPMORGAN CHASE
BANK, N.A., an Acquirer of Certain Assets and Liabilities of
Washington Mutual Bank from the Federal Deposit Insurance
Corporation as Receiver
JUDGMENT OF FORECLOSURE AND ORDER OF SALE
S. GUTIERREZ, DISTRICT COURT JUDGE
above-entitled matter came on regularly for trial on April 4,
2017, the Honorable Philip S. Gutierrez, Judge Presiding. All
appearances were as noted on the record.
fully considered the Motion for Summary Adjudication of
Claims and Defenses of Defendants JPMorgan Chase Bank, N.A.
(“Chase”) and California Reconveyance Company
(“CRC”) (together, “Defendants”) and
Cross-Complainant JPMorgan Chase Bank, N.A., An Acquirer Of
Certain Assets And Liabilities Of Washington Mutual Bank From
The Federal Deposit Insurance Corporation As Receiver
(“Cross-Complainant”) in this action (Docket No.
104), and all papers filed related thereto; and the issues
with respect to that motion having been duly heard and an
Order Granting Defendants' Motion for Summary Judgment
and Denying Plaintiff's Rule 56(d) Request having been
duly entered (Docket No. 119); and having fully considered
the evidence presented at trial in this matter by way of
declaration in lieu of direct testimony pursuant to Local
Rule 43.1, which was adopted by the respective witnesses
orally in open court, as well as the Request to Take Judicial
Notice, and the pleadings, papers, and records of this
action, and all other evidence presented at the Court trial
in this matter on April 4, 2017; and GOOD CAUSE APPEARING, IT
IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
shall be entered in favor of Defendants and
Cross-Complainant, and against Plaintiff Fab Films, LLC, and
each of the Cross-defendants, on the terms set forth in the
Court orders that the real property (the
“Property”) commonly known as 1111 Bel Air Place,
Los Angeles, California 90077, and legally described as
LOT 7 OF TRACT NO. 13772, IN THE CITY OF LOS ANGELES, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 285, PAGES 33 TO 35, INCLUSIVE OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT
PORTION OF BEL-AIR PLACE AS SHOWN ON TRACT NUMBER 13772 AS
PER MAP RECORDED IN BOOK 285 PAGES 33, 34 AND 35 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY
VACATED BY RESOLUTION ON 05-1400622, RECORDED OCTOBER 17,
2005 AS INSTRUMENT NO. 05-2493512, OFFICIAL RECORDS, AND THAT
WOULD PASS WITH A LEGAL CONVEYANCE OF LOT 7.
be sold in the manner prescribed by law, and that a writ of
sale be issued to the United States Marshals Service,
ordering and directing the U.S. Marshal to conduct such sale.
party to this action may purchase the Property at the sale.
From the sale proceeds, the Court shall pay to
Cross-Complainant, from all or such sums as may be
sufficiently obtained from the sale, (i) the expenses of levy
and sale advanced by Cross-Complainant, plus (ii) the total
indebtedness of $6, 275, 966.88 together with interest
accruing at the rate of 4.0% from April 4, 2017 at a daily
rate of $540.86 per day, which sums are secured by the Deed
of Trust set forth in the Cross-Complaint, and which sums may
be credit bid by Cross-Complainant at the sale.
any surplus remains after the payment specified herein, the
surplus shall be paid to the United States of America,
Internal Revenue Service, pursuant to its Notices of Federal
Tax Lien (NFTLs) filed against the Subject Property and
cross-defendants Joseph Francis and Blue Horse Trading, LLC.
If any surplus remains after payment of the NFTLs, the funds
shall be interpleaded and deposited into the registry of the
Court, wherein any remaining judgment creditor/lienholder can
apply to the Court for distribution.
There is no Cross-Defendant against whom a deficiency
judgment may be ordered or who is claimed to be personally
liable for payment of the sums secured by the Deed of Trust.
completion of the sale, the U.S. Marshal shall execute a deed
of sale to the purchaser, who may then take possession of the
Property, if necessary, with the assistance of the United
States Marshals Service.
Cross-Defendants Joseph Francis and Fab Films, LLC, all
persons claiming from or under him or it, all persons and
their personal representatives having liens subsequent to the
Deed of Trust by judgment or decree on the described real
property, all persons and their heirs or personal
representatives having any lien or claim by or under such
subsequent judgment or decree, all persons claiming under
them, and all persons claiming to have acquired any estate or
interest in the Property are ...