.jpg)
Notice of Stay on a Civil Litigation
charset="US-ASCII"
BTW, the CRC Rule 3.650, requiring the person who caused the stay to file
the Judicial Council Form.
Gerry
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended recipient of
the transmission and may be a communication privileged by law. If you
received this email in error, and review, use, dissemination, distribution
or copying of this email is strictly prohibited. Please notify us
immediately of the error by return email and please delete this message and
any and all duplicates of this message from your system. Thank you in
advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements
imposed by the Internal Revenue Service, we inform you that any U.S. tax
advice contained in this communication (including any attachments) is not
intended to be used, and cannot be used, for the purpose of (i) avoiding
penalties under the Internal Revenue code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein.
charset="US-ASCII"
The post was migrated from Yahoo.
charset="US-ASCII"
I had a problem with one clerk in Chatsworth. I wrote a letter to the Clerk
of the Court, and received a gracious reply. No further issues in Los
Angeles. I file with NOTICE OF STAY OF PROCEEDINGS, a CA Judicial Council
Form (in the case management section if you use Hot Docs), with copy to all
counsel, original filed with court. NO first appearance fee; the Debtor is
not appearing.
If I had an issue with any other court, I would repeat the process.
I've never had a problem locating the clerk of any court.
Gerry
Gerald McNally
McNally & Associates, P.C.
517 East Wilson Ave., Ste 104
Glendale, CA 91206
818.507.5100
Fax: 818.507.5001
Notice to Recipient: This email is meant for only the intended recipient of
the transmission and may be a communication privileged by law. If you
received this email in error, and review, use, dissemination, distribution
or copying of this email is strictly prohibited. Please notify us
immediately of the error by return email and please delete this message and
any and all duplicates of this message from your system. Thank you in
advance for your cooperation.
IRS Circular 230 Disclosure: In order to comply with the requirements
imposed by the Internal Revenue Service, we inform you that any U.S. tax
advice contained in this communication (including any attachments) is not
intended to be used, and cannot be used, for the purpose of (i) avoiding
penalties under the Internal Revenue code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein.
charset="US-ASCII"
The post was migrated from Yahoo.
Letters to judge, clerk and opposing counsel should be sufficient.
On May 29, 2015 8:28 PM, "Mark Jessee jesseelaw@aol.com [cdcbaa]" wrote:
>
>
> LBR 2072-1(a). Requires notice to both the clerk and the judge.
>
> Mark Jessee
>
> Sent from my iPhone
>
> On May 28, 2015, at 8:36 PM, Chris Gautschi sanschromo@yahoo.com [cdcbaa]
> wrote:
>
>
>
> Doesn't lbr just require debtors counsel notify the Judge? Like write the
> judge a letter . Then you have complied. If the da state clerks can't
> figure out what to do that's their fault.
>
> Sent from my iPhone
>
> On May 28, 2015, at 8:15 PM, jesseelaw@aol.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>
>
>
> California Rule of Court 3.650(a) states:
>
> The party who requested or caused a stay of a proceeding must immediately
> serve and file a notice of the stay and attach a copy of the order or other
> document
> showing that the proceeding is stayed. If a person who caused the stay has
> not appeared, or is not subject to the jurisdiction of the court, the
> plaintiff must immediately file a notice of the stay....
>
> Thus LBR 2070-1 is at odds with California Rule of Court 3.650(a) when the
> debtor has not appeared in the state court action. Local Bankruptcy Rule
> requires debtor's counsel to file notice of stay, CRC requires plaintiff's
> counsel to file notice of stay.
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
>
> In a message dated 5/28/2015 7:10:39 P.M. Pacific Daylight Time,
> cdcbaa@yahoogroups.com writes:
>
>
>
> Upon receipt of regular notice, does litigation counsel have an
> affirmative duty?
>
>
>
> Christine A. Kingston, Esq.
> Law Office of Christine A. Kingston
>
> 5011 Argosy Avenue, Suite 3
> Huntington Beach, CA 92649
> Office: 714-533-9210
> Fax: 714-489-8150
> Email: attorneychristine@gmail.com
> Blog: www.losangelesbankruptcylawmonitor.com
> ************************************************************
> Confidentiality and Privilege. This e-mail message, including
> attachments, is intended solely for review by the intended recipient(s) and
> may contain confidential and privileged information. Any unauthorized
> review, use, disclosure, or distribution is prohibited. Review by anyone
> other than the intended recipient(s) shall not constitute a waiver of any
> ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may
> apply to this communication. If you are not the intended recipient, please
> contact the sender by return e-mail and destroy all copies of the original
> message.
> Tax Advice Disclosure. Any tax information or written tax advice
> contained in this email message, including attachments, is not intended to
> and cannot be used by any taxpayer for the purpose of avoiding tax
> penalties that may be imposed on the taxpayer. (The foregoing legend has
> been affixed pursuant to U.S. Treasury Regulations governing tax practice.)
>
> On Thu, May 28, 2015 at 3:24 PM, 'Desiree Causey 714-372-2225'
> causeylaw@gmail.com [cdcbaa] wrote:
>
>>
>>
>> On a Chapter 7 bankruptcy, I filled a Notice of Stay in the pending
>> civil litigation matter. What is everyones experience on what the fee on
>> that? Because the Orange County Superior Court just charged me $435 (first
>> appearance fee) for filing a Notice of Stay.
>>
>>
>>
>> Suggestions?
>>
>>
>>
>>
>>
>> Desiree Causey, Esq.
>>
>> Law Office of Desiree Causey
>>
>> 7755 Center Avenue, Suite 1100 (NEW ADDRESS AS OF DECEMBER 2014)
>>
>> Huntington Beach, CA 92647
>>
>>
>>
>> 714-372-2225 (phone)
>>
>> 714-908-7646 (same fax number)
>>
>>
>>
>> Privileged And Confidential Communication.
>> This electronic transmission, and any documents attached hereto, (a) are
>> protected by the Electronic Communications Privacy Act (18 USC >> 2510-2521), (b) may contain confidential and/or legally privileged
>> information, and (c) are for the sole use of the intended recipient named
>> above. If you have received this electronic message in error, please notify
>> the sender and delete the electronic message. Any disclosure, copying,
>> distribution, or use of the contents of the information received in error
>> is strictly prohibited.
>>
>> Please consider the environment before printing this e-mail.
>>
>>
>>
>>
>
>
Letters to judge, clerk and opposing counsel should be sufficient.
On May 29, 2015 8:28 PM, "Mark Jessee jesseelaw@aol.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
LBR 2072-1(a). Requires notice to both the clerk and the judge.Mark JesseeSent from my iPhoneOn May 28, 2015, at 8:36 PM, Chris Gautschi sanschromo@yahoo.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Doesn't lbr just require debtors counsel notify the Judge? Like write the judge a letter . Then you have complied. If the da sta
The post was migrated from Yahoo.
LBR 2072-1(a). Requires notice to both the clerk and the judge.
Mark Jessee
Sent from my iPhone
> On May 28, 2015, at 8:36 PM, Chris Gautschi sanschromo@yahoo.com [cdcbaa] wrote:
>
> Doesn't lbr just require debtors counsel notify the Judge? Like write the judge a letter . Then you have complied. If the da state clerks can't figure out what to do that's their fault.
>
> Sent from my iPhone
>
>> On May 28, 2015, at 8:15 PM, jesseelaw@aol.com [cdcbaa] wrote:
>>
>>
>>
>>
>> California Rule of Court 3.650(a) states:
>>
>> The party who requested or caused a stay of a proceeding must immediately serve and file a notice of the stay and attach a copy of the order or other document
>> showing that the proceeding is stayed. If a person who caused the stay has not appeared, or is not subject to the jurisdiction of the court, the plaintiff must immediately file a notice of the stay....
>>
>> Thus LBR 2070-1 is at odds with California Rule of Court 3.650(a) when the debtor has not appeared in the state court action. Local Bankruptcy Rule requires debtor's counsel to file notice of stay, CRC requires plaintiff's counsel to file notice of stay.
>>
>> Mark T. Jessee
>> Law Offices of Mark T. Jessee
>> "A Debt Relief Agency"
>> 50 W. Hillcrest Drive, Suite 200
>> Thousand Oaks, CA 91360
>> (805) 497-5868 (805) 497-5864 (Facsimile)
>>
>>
>> In a message dated 5/28/2015 7:10:39 P.M. Pacific Daylight Time, cdcbaa@yahoogroups.com writes:
>>
>> Upon receipt of regular notice, does litigation counsel have an affirmative duty?
>>
>>
>>
>> Christine A. Kingston, Esq.
>> Law Office of Christine A. Kingston >> 5011 Argosy Avenue, Suite 3
>> Huntington Beach, CA 92649
>> Office: 714-533-9210
>> Fax: 714-489-8150
>> Email: attorneychristine@gmail.com
>> Blog: www.losangelesbankruptcylawmonitor.com
>> ************************************************************
>> Confidentiality and Privilege. This e-mail message, including attachments, is intended solely for review by the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. Review by anyone other than the intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this communication. If you are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original message.
>> Tax Advice Disclosure. Any tax information or written tax advice contained in this email message, including attachments, is not intended to and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. (The foregoing legend has been affixed pursuant to U.S. Treasury Regulations governing tax practice.)
>>
>>> On Thu, May 28, 2015 at 3:24 PM, 'Desiree Causey 714-372-2225' causeylaw@gmail.com [cdcbaa] wrote:
>>>
>>> On a Chapter 7 bankruptcy, I filled a Notice of Stay in the pending civil litigation matter. What is everyones experience on what the fee on that? Because the Orange County Superior Court just charged me $435 (first appearance fee) for filing a Notice of Stay.
>>>
>>>
>>>
>>> Suggestions?
>>>
>>>
>>>
>>>
>>>
>>> Desiree Causey, Esq.
>>>
>>> Law Office of Desiree Causey
>>>
>>> 7755 Center Avenue, Suite 1100 (NEW ADDRESS AS OF DECEMBER 2014)
>>>
>>> Huntington Beach, CA 92647
>>>
>>>
>>>
>>> 714-372-2225 (phone)
>>>
>>> 714-908-7646 (same fax number)
>>>
>>>
>>>
>>> Privileged And Confidential Communication.
>>> This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC rmation, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
>>>
>>> Please consider the environment before printing this e-mail.
>>>
>
>
LBR 2072-1(a). Requires notice to both the clerk and the judge.Mark JesseeSent from my iPhoneOn May 28, 2015, at 8:36 PM, Chris Gautschi cdcbaa@yahoogroups.com> wrote:
Doesn't lbr just require debtors counsel notify the Judge? Like write the judge a letter . Then you have complied. If the da state clerks can't figure out what to do that's their fault. Sent from my iPhoneOn May 28, 2015, at 8:15 PM, jesseelaw@aol.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
California Rule of Court 3.650(a) states:
The party who requested or caused a stay of a proceeding must immediately
serve and file a notice of the stay and attach a copy of the order or otherdocument showing that the proceeding is stayed. If a person who caused the
stay has not appeared, or is not subject to the jurisdiction of the court, the
plaintiff must immediately file a notice of the stay....
Thus LBR 2070-1 is at odds with California Rule of Court 3.650(a) when the
debtor has not appeared in the state court action. Local Bankruptcy Rule
requires debtor's counsel to file notice of stay, CRC requires plaintiff'scounsel to file notice of stay.
The post was migrated from Yahoo.
Beats me. I mailed it in to the clerks office and it was mailed
back to me. Like 2 weeks later. With a note saying I needed to e-file.
On 5/28/2015 8:34 PM, 'Gary R. Wallace' garyrwallace@ymail.com
[cdcbaa] wrote:
> I am aware that OC has gone "electronic." But why can't you mail the notice directly to the Department/Judge in which the stayed matter is pending via certified mail? Will it be rejected/returned? Is there a court rule prohibiting this? Clearly the electronic system can be modified to permit Notices of Stay to bypass the fee collection step. After all, it's just a computer program designed by people.
>
> Perhaps it's because I just got done watching "Mr. Smith Goes to Washington" again last night, but I personally find it disturbing that the state courts demand such filing fees when (1) section 362 and case law is clear as to the void nature of acts taken by judges in derogation of the stay, with or without notice, (2) the ostensible justification of appearance fees is to offset the expense of processing the case, and the Notice of Stay is designed to avoid precisely that as to the person filing the Notice, and (3) it is the citizens of this state who can typically least afford it who are being forced to pay this fee (at least absent the submission of a fee waiver form), for nothing in return from their government except an agreement to follow the law (i.e., sec 362) and do nothing else! I'm probably stretching it a bit, but why doesn't the fee demanded of the debtor as a condition for doing nothing constitute an act in violation of 362? What if a
> creditor demanded money as a "processing fee" in return for not taking further action? There may also be Constitutional pre-emption issues here, but it's really about common sense fairness.
>
>
> Gary R. Wallace
> Law Office of Gary R. Wallace
> 4551 Glencoe Avenue, Suite 300
> Marina del Rey, CA 90292
> Email: garyrwallace@ymail.com
> Office: (310) 775-8719
>
> --------------------------------------------
> On Thu, 5/28/15, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> Subject: Re: [cdcbaa] Notice of Stay on a Civil Litigation
> To: cdcbaa@yahoogroups.com
> Date: Thursday, May 28, 2015, 7:17 PM
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> Another
> problem in Orange County is
> that you can no longer mail in the Notice of Stay.
> You have to
> e-file it and you have to register and pay a fee to do
> that.
>
>
>
> In a recent case I had the debtor's civil attorney
> file it (and
> that may be why no fee was required), but Orange
> County is
> becoming a real problem.
>
>
>
>
> *************************
>
> Mark J. Markus
>
> Law Office of Mark J. Markus
>
> Mailing Address Only:
>
> 11684 Ventura Blvd. PMB #403
>
> Studio City, CA 91604-2652
>
> (818)509-1173 (818)332-1180 (fax)
>
> web: http://www.bklaw.com/
>
> Certified Bankruptcy Law Specialist--The State Bar
> of
> California Board of Legal Specialization
>
> This Firm is a Qualified Federal Debt Relief
> Agency
>
>
> ________________________________________________
>
> NOTICE: This Electronic Message contains
> information from the
> law office of Mark J. Markus that may be
> privileged. The
> information is intended for the use of the
> addressee only. If
> you are not the addressee, note that any
> disclosure, copy,
> distribution or use of the contents of this
> message is
> prohibited.
>
> IRS CIRCULAR 230 NOTICE: To ensure compliance with
> requirements imposed by the IRS, we inform you
> that any U.S.
> tax advice contained in this communication (or in
> any
> attachment) is not intended or written to be used,
> and cannot
> be used, for the purpose of (i) avoiding penalties
> under the
> Internal Revenue Code or (ii) promoting, marketing
> or
> recommending to another party any transaction or
> matter
> addressed in this communication.
>
> On 5/28/2015 4:45 PM, jesseelaw@aol.com
> [cdcbaa] wrote:
>
>
>
>
>
>
>
>
> I wrote an article on this back in the
> February 2010 CDCBAA
> newsletter on whose responsibility it is to notify
> the state
> court of the automatic stay. I do not believe
> the Superior
> Court has a right to charge a first appearance fee
> for filing
> a notice of stay. Debtor's counsel is
> required to notify all
> state and federal court clerks and judges of the
> filing a
> debtors bankruptcy petition if that debtor is a
> party to an
> action in that court at the earliest possible
> date pursuant to
> LBR 2072-1 or face annulment of the stay or
> potentially the
> imposition of sanctions for failure to provide
> notice.
>
> In 2009 and 2010 the Ventura County Superior
> Court
> maintained an initial appearance fee was required
> to file a
> notice of stay when the Debtor had not already
> appeared. I
> disagreed maintaining I was complying as
> required by LBR
> 2072-1(a) to notify the State Court of the
> Automatic Stay.
> Ultimately I along with a couple others went up
> the chain of
> command and convinced the clerk's office in
> Ventura this was
> not appropriate. I have not had a problem with
> Ventura or for
> that matter any Los Angeles Courts trying to
> charge an initial
> appearance fee since then.
>
> You might want to consider that approach in
> Orange County
> or otherwise figure out a way to ensure notice is
> provided
> without paying the filing fee.
>
> Mark T. Jessee
>
> Law Offices of Mark T. Jessee
>
> "A Debt Relief Agency"
>
> 50 W. Hillcrest Drive, Suite 200
>
> Thousand Oaks, CA 91360
>
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
>
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR
> ONLY THE
> INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS
> COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU
> RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
> DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
> E-MAIL IS
> STRICTLY PROHIBITED. PLEASE NOTIFY US
> IMMEDIATELY OF THE
> ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM
> YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR
> COOPERATION.
>
>
> In a message dated 5/28/2015 3:24:28 P.M.
> Pacific
> Daylight Time, cdcbaa@yahoogroups.com
> writes:
>
The post was migrated from Yahoo.
Reply-To: Chris Gautschi
X-Original-Return-Path: Chris Gautschi
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Doesn't lbr just require debtors counsel notify the Judge? Like write the judge a letter . Then you have complied. If the da state clerks can't figure out what to do that's their fault.
Sent from my iPhone
> On May 28, 2015, at 8:15 PM, jesseelaw@aol.com [cdcbaa] wrote:
>
>
> California Rule of Court 3.650(a) states:
>
> The party who requested or caused a stay of a proceeding must immediately serve and file a notice of the stay and attach a copy of the order or other document
> showing that the proceeding is stayed. If a person who caused the stay has not appeared, or is not subject to the jurisdiction of the court, the plaintiff must immediately file a notice of the stay....
>
> Thus LBR 2070-1 is at odds with California Rule of Court 3.650(a) when the debtor has not appeared in the state court action. Local Bankruptcy Rule requires debtor's counsel to file notice of stay, CRC requires plaintiff's counsel to file notice of stay.
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
>
> In a message dated 5/28/2015 7:10:39 P.M. Pacific Daylight Time, cdcbaa@yahoogroups.com writes:
>
> Upon receipt of regular notice, does litigation counsel have an affirmative duty?
>
>
>
> Christine A. Kingston, Esq.
> Law Office of Christine A. Kingston
> 5011 Argosy Avenue, Suite 3
> Huntington Beach, CA 92649
> Office: 714-533-9210
> Fax: 714-489-8150
> Email: attorneychristine@gmail.com
> Blog: www.losangelesbankruptcylawmonitor.com
> ************************************************************
> Confidentiality and Privilege. This e-mail message, including attachments, is intended solely for review by the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. Review by anyone other than the intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this communication. If you are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original message.
> Tax Advice Disclosure. Any tax information or written tax advice contained in this email message, including attachments, is not intended to and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. (The foregoing legend has been affixed pursuant to U.S. Treasury Regulations governing tax practice.)
>
>> On Thu, May 28, 2015 at 3:24 PM, 'Desiree Causey 714-372-2225' causeylaw@gmail.com [cdcbaa] wrote:
>>
>> On a Chapter 7 bankruptcy, I filled a Notice of Stay in the pending civil litigation matter. What is everyones experience on what the fee on that? Because the Orange County Superior Court just charged me $435 (first appearance fee) for filing a Notice of Stay.
>>
>>
>>
>> Suggestions?
>>
>>
>>
>>
>>
>> Desiree Causey, Esq.
>>
>> Law Office of Desiree Causey
>>
>> 7755 Center Avenue, Suite 1100 (NEW ADDRESS AS OF DECEMBER 2014)
>>
>> Huntington Beach, CA 92647
>>
>>
>>
>> 714-372-2225 (phone)
>>
>> 714-908-7646 (same fax number)
>>
>>
>>
>> Privileged And Confidential Communication.
>> This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
>>
>> Please consider the environment before printing this e-mail.
>>
>
>
The post was migrated from Yahoo.
X-Original-Return-Path: Chris Gautschi
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Doesn't lbr just require debtors counsel notify the Judge? Like write the judge a letter . Then you have complied. If the da state clerks can't figure out what to do that's their fault.
Sent from my iPhone
> On May 28, 2015, at 8:15 PM, jesseelaw@aol.com [cdcbaa] wrote:
>
>
> California Rule of Court 3.650(a) states:
>
> The party who requested or caused a stay of a proceeding must immediately serve and file a notice of the stay and attach a copy of the order or other document
> showing that the proceeding is stayed. If a person who caused the stay has not appeared, or is not subject to the jurisdiction of the court, the plaintiff must immediately file a notice of the stay....
>
> Thus LBR 2070-1 is at odds with California Rule of Court 3.650(a) when the debtor has not appeared in the state court action. Local Bankruptcy Rule requires debtor's counsel to file notice of stay, CRC requires plaintiff's counsel to file notice of stay.
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
>
> In a message dated 5/28/2015 7:10:39 P.M. Pacific Daylight Time, cdcbaa@yahoogroups.com writes:
>
> Upon receipt of regular notice, does litigation counsel have an affirmative duty?
>
>
>
> Christine A. Kingston, Esq.
> Law Office of Christine A. Kingston
> 5011 Argosy Avenue, Suite 3
> Huntington Beach, CA 92649
> Office: 714-533-9210
> Fax: 714-489-8150
> Email: attorneychristine@gmail.com
> Blog: www.losangelesbankruptcylawmonitor.com
> ************************************************************
> Confidentiality and Privilege. This e-mail message, including attachments, is intended solely for review by the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. Review by anyone other than the intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this communication. If you are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original message.
> Tax Advice Disclosure. Any tax information or written tax advice contained in this email message, including attachments, is not intended to and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. (The foregoing legend has been affixed pursuant to U.S. Treasury Regulations governing tax practice.)
>
>> On Thu, May 28, 2015 at 3:24 PM, 'Desiree Causey 714-372-2225' causeylaw@gmail.com [cdcbaa] wrote:
>>
>> On a Chapter 7 bankruptcy, I filled a Notice of Stay in the pending civil litigation matter. What is everyones experience on what the fee on that? Because the Orange County Superior Court just charged me $435 (first appearance fee) for filing a Notice of Stay.
>>
>>
>>
>> Suggestions?
>>
>>
>>
>>
>>
>> Desiree Causey, Esq.
>>
>> Law Office of Desiree Causey
>>
>> 7755 Center Avenue, Suite 1100 (NEW ADDRESS AS OF DECEMBER 2014)
>>
>> Huntington Beach, CA 92647
>>
>>
>>
>> 714-372-2225 (phone)
>>
>> 714-908-7646 (same fax number)
>>
>>
>>
>> Privileged And Confidential Communication.
>> This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.
>>
>> Please consider the environment before printing this e-mail.
>>
>
>
The post was migrated from Yahoo.
I am aware that OC has gone "electronic." But why can't you mail the notice directly to the Department/Judge in which the stayed matter is pending via certified mail? Will it be rejected/returned? Is there a court rule prohibiting this? Clearly the electronic system can be modified to permit Notices of Stay to bypass the fee collection step. After all, it's just a computer program designed by people.
Perhaps it's because I just got done watching "Mr. Smith Goes to Washington" again last night, but I personally find it disturbing that the state courts demand such filing fees when (1) section 362 and case law is clear as to the void nature of acts taken by judges in derogation of the stay, with or without notice, (2) the ostensible justification of appearance fees is to offset the expense of processing the case, and the Notice of Stay is designed to avoid precisely that as to the person filing the Notice, and (3) it is the citizens of this state who can typically least afford it who are being forced to pay this fee (at least absent the submission of a fee waiver form), for nothing in return from their government except an agreement to follow the law (i.e., sec 362) and do nothing else! I'm probably stretching it a bit, but why doesn't the fee demanded of the debtor as a condition for doing nothing constitute an act in violation of 362? What if a
creditor demanded money as a "processing fee" in return for not taking further action? There may also be Constitutional pre-emption issues here, but it's really about common sense fairness.
Gary R. Wallace
Law Office of Gary R. Wallace
4551 Glencoe Avenue, Suite 300
Marina del Rey, CA 90292
Email: garyrwallace@ymail.com
Office: (310) 775-8719
On Thu, 5/28/15, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
Subject: Re: [cdcbaa] Notice of Stay on a Civil Litigation
To: cdcbaa@yahoogroups.com
Date: Thursday, May 28, 2015, 7:17 PM
problem in Orange County is
f Stay.
You have to
a fee to do
that.
ttorney
file it (and
range
County is
fax)
ialist--The State Bar
of
cialization
ral Debt Relief
Agency
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RS, we inform you
that any U.S.
communication (or in
any
r written to be used,
and cannot
i) avoiding penalties
under the
promoting, marketing
or
any transaction or
matter
on.
[cdcbaa] wrote:
he
February 2010CDCBAA
ility it is to notify
the state
the Superior
first appearance fee
for filing
r's counsel is
required to notify all
clerks and judges of the
filing a
f that debtor is a
party to an
the earliest possible
date pursuant to
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potentially the
ailure to provide
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nce fee was required
to file a
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rk's office in
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not had a problem with
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charge an initial
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oach in
Orange County
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provided
.
Jessee
Suite 200
0
97-5864 (Facsimile)
HIS E-MAIL IS MEANT FOR
ONLY THE
THE TRANSMISSION, AND THIS
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ted 5/28/2015 3:24:28 P.M.
Pacific
Time, cdcbaa@yahoogroups.com
writes:
Chapter 7 bankruptcy, I
pending civil
everyones
that? Because the
charged me
filing a Notice
Office of Desiree Causey
Center Avenue, Suite
92647
any documents
by the
Act (18 USC
confidential and/or
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California Rule of Court 3.650(a) states:
diately
serve and file a notice of the stay and attach a copy of the order or other document
showing that the proceeding is stayed. If a person who caused the stay hasnot appeared, or is not subject to the jurisdiction of the court, the
plaintiff must immediately file a notice of the stay....
Thus LBR 2070-1 is at odds with California Rule of Court 3.650(a) when the debtor has not appeared in the state court action. Local Bankruptcy Rule requires debtor's counsel to file notice of stay, CRC requires plaintiff's counsel to file notice of stay.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
In a message dated 5/28/2015 7:10:39 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
Upon receipt of regular notice, does litigation counsel have an
affirmative duty?
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: _attorneychristine@gmail.com_ (mailto:attorneychristine@gmail.com)
Blog: _www.losangelesbankruptcylawmonitor.com_
(http://www.losangelesbankruptcylawmonitor.com/)
The post was migrated from Yahoo.
Upon receipt of regular notice, does litigation counsel have an affirmative
duty?
Christine A. Kingston, Esq.
Law Office of Christine A. Kingston
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: attorneychristine@gmail.com
Blog: www.losangelesbankruptcylawmonitor.com
The post was migrated from Yahoo.
I wrote an article on this back in the February 2010 CDCBAA newsletter onwhose responsibility it is to notify the state court of the automatic stay.
I do not believe the Superior Court has a right to charge a first
appearance fee for filing a notice of stay. Debtor's counsel is required to
notify all state and federal court clerks and judges of the filing a debtors
bankruptcy petition if that debtor is a party to an action in that court at
the earliest possible date pursuant to LBR 2072-1 or face annulment of thestay or potentially the imposition of sanctions for failure to provide
notice.
In 2009 and 2010 the Ventura County Superior Court maintained an initial appearance fee was required to file a notice of stay when the Debtor had not
already appeared. I disagreed maintaining I was complying as required byLBR 2072-1(a) to notify the State Court of the Automatic Stay. UltimatelyI along with a couple others went up the chain of command and convinced the
clerk's office in Ventura this was not appropriate. I have not had a
problem with Ventura or for that matter any Los Angeles Courts trying to charge
an initial appearance fee since then.
You might want to consider that approach in Orange County or otherwise
figure out a way to ensure notice is provided without paying the filing fee.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENTOF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THISMESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
In a message dated 5/28/2015 3:24:28 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
On a Chapter 7 bankruptcy, I filled a Notice of Stay in the pending civillitigation matter. What is everyones experience on what the fee on that?
Because the Orange County Superior Court just charged me $435 (first
appearance fee) for filing a Notice of Stay.
Suggestions?
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100 (NEW ADDRESS AS OF DECEMBER 2014)
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.
This electronic transmission, and any documents attached hereto, (a) are
protected by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may contain confidential and/or legally privileged information, and
(c) are for the sole use of the intended recipient named above. If you have
received this electronic message in error, please notify the sender and
delete the electronic message. Any disclosure, copying, distribution, or use
of the contents of the information received in error is strictly prohibited.
Please consider the environment before printing this e-mail.
I wrote an article on this back in the February 2010 CDCBAA newsletter
on whose responsibility it is to notify the state court of the automatic
stay. I do not believe the Superior Court has a right to charge a first
appearance fee for filing a notice of stay. Debtor's counsel is required
to notify all state and federal court clerks and judges of the filing a
debtors bankruptcy petition if that debtor is a party to an action in thatcourt at the earliest possible date pursuant to LBR 2072-1 or face
annulment of the stay or potentially the imposition of sanctions for failure to
provide notice.
In 2009 and 2010 the Ventura County Superior Court maintained an initial
appearance fee was required to file a notice of stay when the Debtor had not
already appeared. I disagreed maintaining I was complying as
required by LBR 2072-1(a) to notify the State Court of the Automatic
Stay. Ultimately I along with a couple others went up the chain of command
and convinced the clerk's office in Ventura this was not appropriate. I
have not had a problem with Ventura or for that matter any Los AngelesCourts trying to charge an initial appearance fee since then.
You might want to consider that approach in Orange County or otherwisefigure out a way to ensure notice is provided without paying the filing
fee.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED
TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED.
PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE
THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
In a message dated 5/28/2015 3:24:28 P.M. Pacific Daylight Time,
cdcbaa@yahoogroups.com writes:
On a Chapter 7 bankruptcy, I filled a Notice of Stay in the
pending civil litigation matter. What is everyones experience on what
the fee on that? Because the Orange County Superior Court just charged
me $435 (first appearance fee) for filing a Notice of Stay.
Suggestions?
Desiree Causey, Esq.
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100 (NEW ADDRESS AS OF DECEMBER 2014)
Huntington Beach, CA 92647
714-372-2225 (phone)
714-908-7646 (same fax number)
Privileged And Confidential Communication.This
electronic transmission, and any documents attached hereto, (a) are protected
by the Electronic Communications Privacy Act (18 USC 2510-2521), (b) may
contain confidential and/or legally privileged information, and (c) are for
the sole use of the intended recipient named above. If you have received this
electronic message in error, please notify the sender and delete the
electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly
prohibited.Please consider the environment before printing this
e-mail.
The post was migrated from Yahoo.