United States District Court, C.D. California
In re SOLYMAN YASHOUAFAR and MASSOUD AARON YASHOUAFAR,  Debtors.
ELKWOOD ASSOCIATES, LLC, FIELDBROOK, INC., CITIVEST FINANCIAL SERVICES, INC., ISRAEL ABSELET, HOWARD ABSELET, CHASE MANHATTAN MORTGAGE COMPANY, QUALITY LOAN SERVICE CORPORATION, SODA PARTNERS, LLC, DMARC 2007-CD5 GARDEN STREET, AND STATE STREET BANK AND TRUST COMPANY, Defendants. In re SOLYMAN YASHOUAFAR, Debtor. In re MASSOUD AARON YASHOUAFAR, Debtor. Affects: [√] Both Debtors  Solyman Yashouafar  Massoud Aaron Yashouafar DAVID K. GOTTLIEB, as Trustee for Massoud Aaron Yashouafar and Solyman Yashouafar, Plaintiff, Adversary Nos. 1:17-ap-01040-MT, 1:17-ap-01040-GM Nos. 1:16-bk-12255-GM, 1:16-bk-12408-GM
V. Richards (CA Bar No. 102300), John W. Lucas (CA Bar No.
271038) PACHULSKI STANG ZIEHL & JONES LLP Attorneys for
Plaintiff David K. Gottlieb, Chapter 11 Trustee of the
Estates of Solyman Yashouafar and Massoud Aaron Yashouafar
JUDGMENT ON TRUSTEE'S FIRST CLAIM FOR RELIEF
JOHN F. WALTER, Ul7lTED STATES DISTRICT JUDGE
action came before the Court pursuant to a Report and
Recommendation to the District Court Re Entry of Judgment on
First Claim for Relief (Quiet Title) (the "Report")
[Dkt. No. ___.] issued by the United States Bankruptcy Court,
Central District of California (the "Bankruptcy
Court") in that certain adversary proceeding (the
"Adversary Proceeding") pending before it as case
number 17-ap-01040-MT (the "Adversary Proceeding").
The Report also transmitted a copy of the Bankruptcy
Court's Memorandum re Cross-Motions for Summary Judgment
[Adv. Dkt. No. 91] (the "Memorandum"), Proposed
Findings of Fact and Conclusions of Law based upon the
Memorandum ("Proposed Findings") and a proposed
form of Judgment (the "Proposed Judgment").
Plaintiff and Counter Defendant David K. Gottlieb, Chapter 11
Trustee for Solyman Yashouafar and Massoud Aaron Yashouafar
(the "Trustee") and Defendants and Counter
Claimants Elkwood Associates LLC ("Elkwood") and
Fieldbrook Inc. ("Fieldbrook" and, together with
Elkwood, collectively the "Elkwood Defendants")
have filed pleadings in this proceeding addressing whether
this Court should adopt the Memorandum and enter the Proposed
Findings and the Proposed Judgment. The Court has carefully
considered the arguments of the Trustee and the Elkwood
Defendants and has entered Findings of Fact and Conclusons of
Law [Dkt. No. ___] (the "Entered Findings") based
upon the Memorandum. Based thereon (and all capitalized terms
not otherwise defined herein having the same meaning as set
forth in the Entered Findings):
HEREBY ORDERED, ADJUDGED AND DECREED:
Judgment is hereby entered in favor of the Trustee and
against the Elkwood Defendants and all of the other named
defendants on the Trustee's First Claim for Relief for
Quiet Title. Fee title to the following property
("Subject Property") is quieted in David K.
Gottlieb, Chapter 11 Trustee for Massoud Aaron Yashouafar:
real property commonly known as 910 North Rexford Drive,
Beverly Hills, California 90210 and legally described as
Lot five and the Northerly 15 feet of Lot 4 of Tract No.
4201, in the city of Beverly Hills, County of Los Angeles,
State of California, as per map recorded in book 46, page 63
of maps, in the office of the county recorder of said county.
Rexford Foreclosure Sale is declared void and the Rexford
Foreclosure Sale Deed (recording in the Office of the County
Recorder of Los Angeles County on March 6, 2015 as document
number 20150248924) is declared null and void.
Judgment is entered in favor of the Trustee and against
Elkwood on Elkwood's Second Counterclaim (for reformation
of the Fieldbrook Assignment) and Third Counterclaim (for
Quiet Title to the Rexford Home). Counter Claimant Elkwood
will take nothing by its First Amended Counterclaim.
Elkwood Defendants, and each of them, and their respective
successors, assigns, tenants, or agents shall have no right,
title, estate, lien, or interest in the Subject Property,
except that the Rexford DOT (recorded in the Office of the
County Recorder of Los Angeles County on March 25, 2009 as
document no. 20090425659) shall continue to encumber the
Subject Property with the same validity, extent and priority
as it had immediately prior to the Rexford Foreclosure Sale.
Trustee is entitled to immediate possession of the Subject
Property and the Trustee is entitled to the immediate
issuance of a Writ of Possession with respect to the Subject
Judgment does not resolve the claim asserted against the
Trustee in the Elkwood Defendants' Sixth Affirmative
Defense, and any and all defenses, offsets and/or
counterclaims that the Trustee has or may with respect to