On September 25, 2018 a
Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: BANKRUPTCY; TRIAL SETTING CONFERENCE; H...)
was filed
involving a dispute between
American Contractors Indemnity Company,
Home Construction Solutions Corp A California Corporation,
Ramos Antonio,
Ramos Petra,
and
American Contractors Indemnity Company,
Beloskty Vitaly,
Home Construction Solutions Corp,
Kenney Daniel,
Tuffnell Design Group Inc.,
Tuffnell Robert,
Western Surety Company,
Zetz Joseph Robert Sr,
for Contractual Fraud (General Jurisdiction)
in the District Court of Los Angeles County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Northwest District, Van Nuys Courthouse East, Department T
LC107846 January 26, 2022
ANTONIO RAMOS, ET AL VS. HOME CONSTRUCTION 8:30 AM
SOLUTIONS CORP.
Judge: Honorable Shirley K. Watkins CSR: None
Judicial Assistant: J. Nichols ERM: None
Courtroom Assistant: F. Rodriguez Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): Yossi Noudel via LACourt Connect
For Defendant(s): Amber Kim, for Natasha Buchanan via LACourt Connect; Timothy J. Tomlin,
for JOHN FALLAT via LACourt Connect
NATURE OF PROCEEDINGS: Status Conference Re: Bankruptcy; Trial Setting Conference;
Hearing on Motion for Order Motion for Order of Discharge and Award of Costs and Attorneys
Fees and Order for Deposit
Matter is called for hearing.
All matters are continued pending bankruptcy. Defendant American Contractors Indemnity
Company asks the court for an order of discharge on the grounds that the bond has been
exhausted and complains that it is unreasonable and unfair that its motion cannot be ruled on
pending the bankruptcy. However, defendant fails to recognize that all parties have a right to
oppose the motion, and the party who may have interest in opposing the motion includes its own
bonded party/principal, Home Construction Solutions. However, Home Construction Solutions is
in bankruptcy. As such, it does not have the right to participate in this civil action. Therefore,
defendant American Contractors Indemnity Company is asking the court to rule on a motion that
Home Construction Solutions does not have a right to oppose. The essence of the stay of a civil
action pending bankruptcy is to prevent actions being taken against or by a debtor in the civil
action pending the bankruptcy. The request of defendant American Contractors Indemnity
Company for the court to rule on its motion in which Home Construction Solutions is prevented
from participating is denied. The case remains stayed. As Home Construction Solutions' rights
are at issue under the surety bond, its rights cannot be determined while the stay is in place.
On the Court's own motion, the Status Conference Re: Bankruptcy scheduled for 01/26/2022,
Trial Setting Conference scheduled for 01/26/2022, and Hearing on Motion for Order Motion for
Order of Discharge and Award of Costs and Attorneys Fees and Order for Deposit scheduled for
01/26/2022 are continued to 03/29/2022 at 08:30 AM in Department T at Van Nuys Courthouse
East.
Minute Order Page 1 of 2
Document Filed Date
January 26, 2022
Case Filing Date
September 25, 2018
Category
Contractual Fraud (General Jurisdiction)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Northwest District, Van Nuys Courthouse East, Department T LC107846 January 26, 2022 ANTONIO RAMOS, ET AL VS. HOME CONSTRUCTION 8:30 AM SOLUTIONS CORP. Judge: Honorable Shirley K. Watkins CSR: None Judicial Assistant: J. Nichols ERM: None Courtroom Assistant: F. Rodriguez Deputy Sheriff: None APPEARANCES: For Plaintiff(s): Yossi Noudel via LACourt Connect For Defendant(s): Amber Kim, for Natasha Buchanan via LACourt Connect; Timothy J. Tomlin, for JOHN FALLAT via LACourt Connect NATURE OF PROCEEDINGS: Status Conference Re: Bankruptcy; Trial Setting Conference; Hearing on Motion for Order Motion for Order of Discharge and Award of Costs and Attorneys Fees and Order for Deposit Matter is called for hearing. All matters are continued pending bankruptcy. Defendant American Contractors Indemnity Company asks the court for an order of discharge on the grounds that the bond has been exhausted and complains that it is unreasonable and unfair that its motion cannot be ruled on pending the bankruptcy. However, defendant fails to recognize that all parties have a right to oppose the motion, and the party who may have interest in opposing the motion includes its own bonded party/principal, Home Construction Solutions. However, Home Construction Solutions is in bankruptcy. As such, it does not have the right to participate in this civil action. Therefore, defendant American Contractors Indemnity Company is asking the court to rule on a motion that Home Construction Solutions does not have a right to oppose. The essence of the stay of a civil action pending bankruptcy is to prevent actions being taken against or by a debtor in the civil action pending the bankruptcy. The request of defendant American Contractors Indemnity Company for the court to rule on its motion in which Home Construction Solutions is prevented from participating is denied. The case remains stayed. As Home Construction Solutions' rights are at issue under the surety bond, its rights cannot be determined while the stay is in place. On the Court's own motion, the Status Conference Re: Bankruptcy scheduled for 01/26/2022, Trial Setting Conference scheduled for 01/26/2022, and Hearing on Motion for Order Motion for Order of Discharge and Award of Costs and Attorneys Fees and Order for Deposit scheduled for 01/26/2022 are continued to 03/29/2022 at 08:30 AM in Department T at Van Nuys Courthouse East. Minute Order Page 1 of 2