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This case was last updated from Los Angeles County Superior Courts on 01/05/2021 at 04:38:36 (UTC).

U.S. BANK NATIONAL ASSOCIATION VS. NICK KEROS

Case Summary

On 02/16/2010 U S BANK NATIONAL ASSOCIATION filed a Contract - Other Contract lawsuit against NICK KEROS. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judges overseeing this case are C. EDWARD SIMPSON, JAN A. PLUIM, WILLIAM D. STEWART and EDWARD B. MORETON. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4662

  • Filing Date:

    02/16/2010

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Burbank Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

C. EDWARD SIMPSON

JAN A. PLUIM

WILLIAM D. STEWART

EDWARD B. MORETON

 

Party Details

Plaintiff and Respondent

U.S. BANK NATIONAL ASSOCIATION

Defendants and Appellants

KEROS NICK

STECKBAUER WEINHART JAFFE LLP

JAMISON & ASSOCIATES

GIPSON HOFFMAN & PANCIONE

Assignees

MTB INVESTMENTS LLC A TEXAS LLC

STELLAR CAPITAL LLC

REPUBLIC FUNDING GROUP LLC

Not Classified By Court

POLKINGHORN WILLIAM A. ESQ.

REPUBLIC FUNDING GROUP INC.

Attorney/Law Firm Details

Plaintiff Attorneys

SHEPPARD MULLIN RICHTER & HAMPTON LLC

KATZ ORI

Defendant Attorneys

STECKBAUER WEINHART JAFFE LLP

JAMISON & ASSOCIATES

FOWLER & GOOD LLP

WALLACH JASON DAVID

Assignee Attorneys

MARCUS DAVID MORRIS

SHAPERO STEVEN MORRIS

 

Court Documents

Legacy Document - LEGACY DOCUMENT TYPE: STIPULATION AND ORDER

5/31/2011: Legacy Document - LEGACY DOCUMENT TYPE: STIPULATION AND ORDER

Minute Order - MINUTE ORDER ENTERED: 2011-12-13 00:00:00

12/13/2011: Minute Order - MINUTE ORDER ENTERED: 2011-12-13 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: ORDER

3/9/2012: Legacy Document - LEGACY DOCUMENT TYPE: ORDER

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

3/14/2012: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Legacy Document - LEGACY DOCUMENT TYPE: OPPOSITION

3/14/2012: Legacy Document - LEGACY DOCUMENT TYPE: OPPOSITION

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

3/23/2012: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Substitution of Attorney

3/27/2012: Substitution of Attorney

Legacy Document - LEGACY DOCUMENT TYPE: EX-PARTE APPLICATION

4/5/2012: Legacy Document - LEGACY DOCUMENT TYPE: EX-PARTE APPLICATION

Legacy Document - LEGACY DOCUMENT TYPE: ORDER

4/5/2012: Legacy Document - LEGACY DOCUMENT TYPE: ORDER

Proof of Service - Personal (Small Claims)

4/6/2012: Proof of Service - Personal (Small Claims)

Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

4/19/2012: Legacy Document - LEGACY DOCUMENT TYPE: NOTICE

Motion for Order - MOTION FOR ORDER FOR CHARGING ORDER

10/4/2019: Motion for Order - MOTION FOR ORDER FOR CHARGING ORDER

Proof of Service by Mail

10/4/2019: Proof of Service by Mail

Notice of Ruling - ON MOTION FOR CHARGING ORDER

11/8/2019: Notice of Ruling - ON MOTION FOR CHARGING ORDER

Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

11/15/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/18/2019, AND COPY OF CHARGING ORDER

11/18/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/18/2019, AND COPY OF CHARGING ORDER

Appeal - Ntc Designating Record of Appeal APP-003/010/103

2/6/2020: Appeal - Ntc Designating Record of Appeal APP-003/010/103

Appeal - Notice of Fees Due for Clerk's Transcript on Appeal

5/6/2020: Appeal - Notice of Fees Due for Clerk's Transcript on Appeal

87 More Documents Available

 

Docket Entries

  • 09/15/2020
  • DocketAppellate Order Dismissing Appeal (NOA: 01/27/20 B303877); Filed by Clerk

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  • 09/15/2020
  • DocketAppeal - Remittitur - Appeal Dismissed (B303877); Filed by Clerk

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  • 07/17/2020
  • DocketAppeal Record Delivered; Filed by Clerk

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  • 07/10/2020
  • DocketAppeal - Original Clerk's Transcript 1 Volume Certified; Filed by Clerk

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  • 06/19/2020
  • DocketNotice (of Renewal of Judgment); Filed by Republic Funding Group, LLC (Assignee)

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  • 06/10/2020
  • DocketApplication for and Renewal of Judgment; Filed by Republic Funding Group, LLC (Assignee)

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  • 06/09/2020
  • DocketAppeal - Clerk's Transcript Fee Paid (APPELLANT PAID $208.89)

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  • 05/06/2020
  • DocketAppeal - Notice of Fees Due for Clerk's Transcript on Appeal; Filed by Clerk

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  • 03/06/2020
  • Docketat 08:30 AM in Department A, William D. Stewart, Presiding; Hearing on Application for Order for Appearance and Examination (as to Nick Keros) - Not Held - Taken Off Calendar by Party

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  • 03/06/2020
  • DocketMinute Order ( (Hearing on Application for Order for Appearance and Examinati...)); Filed by Clerk

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220 More Docket Entries
  • 05/27/2010
  • DocketProof-Service/Summons; Filed by U.S. BANK NATIONAL ASSOCIATION (Plaintiff)

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  • 05/27/2010
  • DocketProof-Service/Summons; Filed by Attorney for Plaintiff

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  • 04/27/2010
  • DocketOrder (FOR EXTENTION OF TIME TO SERVE ); Filed by Attorney for Plaintiff

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  • 04/27/2010
  • DocketOrder; Filed by U.S. BANK NATIONAL ASSOCIATION (Plaintiff)

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  • 04/27/2010
  • DocketEx Parte Application (for Extension of Time to Serve Pleadings and Orders); Filed by U.S. BANK NATIONAL ASSOCIATION (Plaintiff)

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  • 02/16/2010
  • DocketComplaint; Filed by U.S. BANK NATIONAL ASSOCIATION (Plaintiff)

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  • 02/16/2010
  • DocketNotice of Case Management Conference

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  • 02/16/2010
  • DocketComplaint Filed

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  • 02/16/2010
  • DocketSummons (on Complaint); Filed by U.S. BANK NATIONAL ASSOCIATION (Plaintiff)

    Read MoreRead Less
  • 02/16/2010
  • DocketCivil Case Cover Sheet; Filed by U.S. BANK NATIONAL ASSOCIATION (Plaintiff)

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Tentative Rulings

Case Number: GC044662    Hearing Date: November 08, 2019    Dept: A

U.S. Bank (assignee Republic Funding) v Keros

Motion for Charging Order

Calendar:

21

Case No.:

GC044662

Hearing Date:

November 08, 2019

Action Filed:

February 16, 2010

Trial Date:

N/A

MP:

Assignee Republic Funding Group, LLC

RP:

Judgment Debtor Nick Keros

ALLEGATIONS:

Judgment Debtor Nick Keros (“Keros”) entered into a stipulated judgment with Plaintiff U.S. Bank National Association (“Plaintiff”) on April 23, 2012, in the amount of $2,450,000.00.

PRESENTATION:

Assignee Republic Funding Group, LLC (“Republic”) filed the instant motion for a charging order on October 04, 2019. Keros opposed the motion on October 28, 2019, and a reply brief was submitted on October 30, 2019.

RELIEF REQUESTED:

Republic moves for a charging order transferring any money or property due or becoming due to Keros in the following limited liability companies:

  1. 7846 West Granito Drive, LLC;

  2. Trousdale US Aussie, LLC;

  3. Thrasher NK, LLC;

  4. Runyon NKMS, LLC;

  5. 2545 Bowmont, LLC; and

  6. 9464 Beverlycrest, LLC.

DISCUSSION:

Standard of Review – Pursuant to Code of Civ. Proc. §708.310, “[i]f a money judgment is rendered against a partner or member but not against the partnership or limited liability company, the judgment debtor’s interest in the partnership or limited liability company may be applied toward the satisfaction of the judgment by an order charging the judgment debtor’s interest pursuant to Section 15907.3, 16504, or 17705.03 of the Corporations Code.”

Standing – Keros argues that Republic lacks standing under the theory that the chain in title of the assignment to Republic violated California law for failure of the out-of-state companies acknowledging the transfer of the debt to properly register as conducting business in the State of California – thus barring them from commencing or maintaining the instant enforcement action against Keros. Opposition, 4:3-8 (citing to United Medical Management Ltd. v. Gatto (1996) 49 Cal. App. 4th 1732; Corp. Code §2203; and Rev. & Tax Code §23301.

Keros’ argument lacks merit, as Corp. Code §191(c)(1) exempts “[m]aintaining or defending any action or suit or any administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes” from the definition of transacting intrastate business that would place the matter at issue regarding the standing of the various corporations. Specifically, there is nothing before the Court that Republic, like United Medical Management Ltd., separate to filing the action, engaged in activities that would subject it to the filing and fee requirements provided in Corp. Code §2203. See United Medical Management Ltd. v. Gatto (1996) 49 Cal. App .4th 1732, 1738 (“On June 29, 1994, UMML qualified to transact intrastate business and was so certified by the Secretary of State on July 11, 1994.”). As far as the Court can tell, the only interaction Republic has with the state is the instant litigation, and because the sole act of “[m]aintaining or defending any action or suit …” is exempted from the definition of intrastate commerce. To the extent that Kero is arguing that the transfers themselves constitute ‘intrastate commerce’ to which the various business entities were required to maintain a legal presence in the state in order to execute an enforceable, contractual transfer, the Court finds that such transactions also fall within the ambit of Corp. Code §191(c)(1).

Accordingly, Keros’ opposition on the basis of Republic’s standing to enforce the stipulated settlement is without merit.

Interest in the LLCs – Keros next argues that Republic has failed to submit evidence of Keros’ interest in the six LLCs subject to the instant motion. Specifically, Keros argues that because the document provided refer to Keros as either a manager or member, the Court should find that there was not the “substantial evidence” required to meet the standard under Code of Civ. Proc. §708.310. The Court first notes that the case relied upon by Keros, Textron Fin. Corp. v. Gallegos (S.D. Cal. Oct. 7, 2015) No. 15CV1678-LAB (DHB), is an unpublished federal case that Keros may not use to support his argument. Next, the Court considers that Keros’ status as either a member or manager of the LLCs is sufficient basis for the Court to issue an order compelling the transfer of “money or property due or becoming due” pursuant to Keros’ work as a manager, or status as a member. Indeed, Keros’ status as either a manager or a member is substantial evidence that there is compensation upon which judgment may be satisfied, or else property upon which judgment may be satisfied.

Accordingly, Keros’ objection on the basis of failure to establish Keros’ interest in the LLCs is overruled.

For the reasons stated above, the Court will grant the motion.

---

RULING: GRANT

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Assignee Republic Funding Group, LLC’s Motion for Charging Order came on regularly for hearing on November 08, 2919, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

THE MOTION IS GRANTED.

DATE: _______________ _______________________________

JUDGE

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