Simon v. Superior Court of California, County of San Diego,
Adversary Proceeding
Lead BK case is: 3:23-bk-03496
Lead BK case is: 3:23-bk-03496
| California Southern Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Margaret M Mann |
| Case #: | 3:23-ap-90077 |
| Nature of Suit | 2 Bankruptcy - Other 71 Bankruptcy - Injunctive relief - imposition of stay 72 Bankruptcy - Injunctive relief - other 14 Bankruptcy - Recovery of money/property - other |
| Case Filed: | Nov 13, 2023 |
| Terminated: | Mar 15, 2024 |
| Last checked: never |
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Defendant
Superior Court of California, County of San Diego, North County Family Division
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Represented By
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Defendant
Judge Sharon Kalemkiarian
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Represented By
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Defendant
Lynnetta Watts
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Represented By
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Defendant
Nora Watts
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Represented By
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Plaintiffs
Phillip W. Simon
2862 Rancho Cortes
Carlsbad, CA 92009 |
Represented By
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| Docket last updated: 10 hours ago |
| Friday, March 15, 2024 | ||
| 39 | 39
order
Closed Adversary Proceeding
Fri 03/15 3:42 PM
Adversary Proceeding Closed (Slaughter, S.) |
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| Friday, February 09, 2024 | ||
| 38 | 38
notice
BNC Court Certificate of Notice
Sun 02/11 9:05 PM
BNC Court Certificate of Notice. Notice Date 02/11/2024. (Admin.) |
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| Thursday, February 08, 2024 | ||
| 37 | 37
order
Dismissing Adversary Proceeding (Order)(CSD 3039, 3040, other)
Fri 02/09 11:42 AM
Order Denying (1) Debtor Phillip W. Simon, Jr's Request for Relief for Alleged Violations of the Automatic Stay; (2) Dismissing with Prejudice the Remaining Claims Against the Superior Court and All State Court Judges Based on Eleventh Amendment Immunity, Preclusion and, Alternatively, Judicial Immunity; and (3) Discretionary Abstaining from Hearing the Claims Against Lynette Watts and Nora Watts (Dismissing Adversary Proceeding 3:2023-ap-90077-MM) . with BNC Service signed on 2/8/2024. (Schmitt, T.). Related document(s)35 Tentative Ruling (CHAP),36 Minute Order. Modified on 2/9/2024 (Schmitt, T.) |
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| 36 | 36
vCal
Minute Order - CHAP
Thu 02/08 12:06 PM
Minute Order. Hearing DATE: 02/08/2024 , MATTER: 1) MOTION TO DISMISS DEFENDANTS FROM THE ADVERSARY COMPLAINT, IN THE ALTERNATIVE, MOTION TO STRIKE CAUSES OF ACTION FILED BY LYNNETTA WATTS, NORA WATTS (fr. 1/18/24); 2) MOTION TO DISMISS COMPLAINT FILED BY SUPERIOR COURT OF CALIFORNIA, THE HON. SHARON KALEMKIARIAN (fr. 1/18/24). DISPOSITION: See Attached PDF document for details. (Cruz, L.) |
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| Tuesday, February 06, 2024 | ||
| 35 | 35
vCal
Tentative Ruling - CHAP
Tue 02/06 12:08 PM
Tentative Ruling. Department 1: Hearing Date and Time: 02/08/2024 10:00 AM, MATTER: 1) MOTION TO DISMISS DEFENDANTS FROM THE ADVERSARY COMPLAINT, IN THE ALTERNATIVE, MOTION TO STRIKE CAUSES OF ACTION FILED BY LYNNETTA WATTS, NORA WATTS (fr. 1/18/24); 2) MOTION TO DISMISS COMPLAINT FILED BY SUPERIOR COURT OF CALIFORNIA, THE HON. SHARON KALEMKIARIAN (fr. 1/18/24) (Cruz, L.) |
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| Monday, January 29, 2024 | ||
| 34 | 34
misc
Brief
Mon 01/29 9:12 PM
Brief Regarding Abstension filed by Tanisha N. Bostick on behalf of Lynnetta Watts, Nora Watts. (Bostick, Tanisha) |
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| Friday, January 26, 2024 | ||
| 33 | 33
ans
Reply
Fri 01/26 12:04 PM
Reply by the Court Defendants to Plaintiffs Statement for Decision to Not Abstain From Hearing Adversarial Proceeding [ECF 31] filed by James P. Hill of Sullivan Hill Rez & Engel, APLC on behalf of on behalf of Judge Sharon Kalemkiarian, Superior Court of California, County of San Diego, North County Family Division. (Hill, James) |
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Att: 1
Proof of Service
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| Tuesday, January 23, 2024 | ||
| 31 | 31
ans
Response
Tue 01/23 10:53 AM
Statement For Decision to Not Abstain From Hearing Adversarial Proceedings filed by Phillip W. Simon Phillip W. Simon . (Li, J.) |
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| Monday, January 22, 2024 | ||
| 32 | 32
notice
BNC Court Certificate of Notice
Wed 01/24 9:08 PM
BNC Court Certificate of Notice. Notice Date 01/24/2024. (Admin.) |
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| Saturday, January 20, 2024 | ||
| 30 | 30
order
~Generic~ Order
Mon 01/22 8:12 AM
Amended Order Clarifying the Extent of the Automatic Stay and the Effect of Abandonment; with BNC Service signed on 1/20/2024. (Cruz, L.) |
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| Friday, January 19, 2024 | ||
| 29 | 29
notice
BNC Court Certificate of Notice
Sun 01/21 9:06 PM
BNC Court Certificate of Notice. Notice Date 01/21/2024. (Admin.) |
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| 28 | 28
notice
Judicial Notice (Request)
Fri 01/19 3:15 PM
State Court Defendants' Supplement to Request for Judicial Notice [ECF 10] filed by James P. Hill of Sullivan Hill Rez & Engel, APLC on behalf of Judge Sharon Kalemkiarian, Superior Court of California, County of San Diego, North County Family Division. (Hill, James) |
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Att: 1
Proof of Service
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| 27 | 27
order
~Generic~ Order re: Application
Fri 01/19 12:55 PM
Order Clarifying the Extent of the Automatic Stay and the Effect of Abandonment with BNC Service signed on 1/19/2024. (Schmitt, T.) |
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| 24 | 24
ans
Response
Fri 01/19 11:07 AM
Statement in Response to Courts Tentative Rulings filed by Phillip W. Simon . (Li, J.) |
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| Thursday, January 18, 2024 | ||
| 26 | 26
order
Minute Order - manual entry
Fri 01/19 11:42 AM
Minute Order. Hearing DATE: 01/18/2024, MATTER: 1) STATUS CONFERENCE ON CHAPTER 7 TRUSTEE'S REPORT OF NO DISTRIBUTION; 2) STATUS CONFERENCE ON MOTION FOR RELIEF FROM STAY, RS # TB-1 FILED BY LYNNETTA WATTS AND NORA WATTS SIMON. DISPOSITION: See Attached PDF document for details. (COURT NOTE: COPY of minute order entered in main case no. 23-03496 MM7 on 1/19/2024 (re ECF No. 51). (Cruz, L.) |
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| 25 | 25
vCal
Minute Order Continued - CHAP
Fri 01/19 11:36 AM
Minute Order. Hearing DATE: 01/18/2024 , MATTER: 1) MOTION TO DISMISS DEFENDANTS FROM THE ADVERSARY COMPLAINT, IN THE ALTERNATIVE, MOTION TO STRIKE CAUSES OF ACTION FILED BY LYNNETTA WATTS, NORA WATTS; 2) MOTION TO DISMISS COMPLAINT FILED BY SUPERIOR COURT OF CALIFORNIA, THE HON. SHARON KALEMKIARIAN. DISPOSITION: See Attached PDF document for details. HEARING Scheduled for 02/08/2024 at 10:00 AM at Courtroom 1, Room 218, Weinberger Courthouse (Cruz, L.) |
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| Wednesday, January 17, 2024 | ||
| 23 | 23
court
Certificate of Mailing (CSD 1195)
Wed 01/17 10:46 AM
Certificate of Mailing (Cruz, L.) |
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| Friday, January 12, 2024 | ||
| 22 | 22
vCal
Tentative Ruling - CHAP
Fri 01/12 9:13 AM
Tentative Ruling. Department 1: Hearing Date and Time: 01/18/2024 10:00 AM, MATTER: 1) MOTION TO DISMISS DEFENDANTS FROM THE ADVERSARY COMPLAINT, IN THE ALTERNATIVE, MOTION TO STRIKE CAUSES OF ACTION FILED BY LYNNETTA WATTS, NORA WATTS; 2) MOTION TO DISMISS COMPLAINT FILED BY SUPERIOR COURT OF CALIFORNIA, THE HON. SHARON KALEMKIARIAN (Cruz, L.) |
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| Monday, January 08, 2024 | ||
| 21 | 21
misc
Proof of Service (CSD 3010)
Mon 01/08 3:34 PM
Proof of Service filed by Phillip W. Simon . (Lewis, L.) |
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| Friday, December 22, 2023 | ||
| 20 | 20
misc
Proof of Service (CSD 3010)
Fri 12/22 4:17 PM
Proof of Service filed by James P. Hill on behalf of Judge Sharon Kalemkiarian, Superior Court of California, County of San Diego, North County Family Division. (Hill, James) |
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| 19 | 19
ans
Opposition
Fri 12/22 4:13 PM
Opposition to Plaintiffs Motion to Strike [ECF 16] Court Defendants Request for Judicial Notice [ECF 10] filed by James P. Hill of Sullivan Hill Rez & Engel, APLC on behalf of Judge Sharon Kalemkiarian, Superior Court of California, County of San Diego, North County Family Division. (Hill, James) |
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| 18 | 18
ans
Reply
Fri 12/22 4:10 PM
Reply by the Court Defendants to Plaintiffs Opposition [ECFs 13, 14] to the Court Defendants Motion to Dismiss Adversary Proceeding [ECF 9] filed by James P. Hill of Sullivan Hill Rez & Engel, APLC on behalf of Judge Sharon Kalemkiarian, Superior Court of California, County of San Diego, North County Family Division. (Hill, James) |
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| 17 | 17
notice
Miscellaneous (Document/Notice)
Fri 12/22 4:07 PM
Notice by the Court Defendants That Plaintiffs Opposition [ECFs 13, 14] to the Court Defendants Motion to Dismiss Adversary Proceeding [ECF 9] Violates Local Rules and Request for Appropriate Remedy filed by James P. Hill of Sullivan Hill Rez & Engel, APLC on behalf of Judge Sharon Kalemkiarian, Superior Court of California, County of San Diego, North County Family Division. (Hill, James) |
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| Tuesday, December 19, 2023 | ||
| 16 | 16
motion
~Generic~ Application or Motion
Tue 12/19 10:02 AM
Motion to Strike a Request for Judicial Notice By the Courts Defendant filed by Phillip W. Simon . (Slaughter, S.) |
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| 15 | 15
ans
Opposition
Tue 12/19 10:00 AM
Plaintiff's Opposition to Defendant's Motion to Dismiss His Complaint filed by Phillip W. Simon Phillip W. Simon . (Slaughter, S.) |
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| 14 | 14
notice
~Generic~ Document
Tue 12/19 9:56 AM
Attachment to Objections to Motions to Dismiss Complaint Declaration of Phillip W. Simon in Support of His Objections to Motion to Dismis filed by Phillip W. Simon . (Slaughter, S.) |
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| 13 | 13
ans
Opposition
Tue 12/19 9:52 AM
Plaintiff's Opposition to Defendant's Motion to Dismiss His Complaint filed by Phillip W. Simon Phillip W. Simon . (Slaughter, S.) |
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| Wednesday, December 13, 2023 | ||
| 12 | 12
motion
Hearing & Motion (Notice) (CSD 1181, 1183 & 3015) [14 day opp]
Wed 12/13 6:33 PM
Supplemental Notice of Hearing and Motion with Certificate of Service. filed by James P. Hill of Sullivan Hill Rez & Engel, APLC on behalf of Judge Sharon Kalemkiarian, Superior Court of California, County of San Diego, North County Family Division. HEARING Scheduled for 1/18/2024 at 10:00 AM at Courtroom 1, Room 218, Weinberger Courthouse . Notice Served On: 12/13/2023. Opposition due on 12/27/2023 unless an objector is entitled to additional time under FRBP 9006. (Hill, James) |
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| 11 | 11
motion
Hearing & Motion (Notice) (CSD 1181, 1183 & 3015) [14 day opp]
Wed 12/13 6:14 PM
Notice of Hearing and Motion with Certificate of Service. filed by James P. Hill of Sullivan Hill Rez & Engel, APLC on behalf of Judge Sharon Kalemkiarian, Superior Court of California, County of San Diego, North County Family Division. HEARING Scheduled for 1/18/2024 at 10:00 AM at Courtroom 1, Room 218, Weinberger Courthouse . Notice Served On: 12/13/2023. Opposition due on 12/27/2023 unless an objector is entitled to additional time under FRBP 9006. (Hill, James) |
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| 10 | 10
notice
Judicial Notice (Request)
Wed 12/13 6:09 PM
Request for Judicial Notice in Support of the Motion by the Court Defendants to Dismiss Complaint filed by James P. Hill of Sullivan Hill Rez & Engel, APLC on behalf of Judge Sharon Kalemkiarian, Superior Court of California, County of San Diego, North County Family Division. (Hill, James) |
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| 9 | 9
motion
Dismiss (Motion)
Wed 12/13 6:05 PM
Motion to Dismiss Adversary Proceeding filed by James P. Hill on behalf of Judge Sharon Kalemkiarian, Superior Court of California, County of San Diego, North County Family Division. (Hill, James) |
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| 8 | 8
notice
Hearing (Notice)
Wed 12/13 5:33 PM
Notice of Hearing filed by Tanisha N. Bostick of Bostick Legal, APC on behalf of Lynnetta Watts, Nora Watts. HEARING Scheduled for 1/18/2024 at 10:00 AM at Courtroom 1, Room 218, Weinberger Courthouse . (Bostick, Tanisha) |
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| 7 | 7
motion
Dismiss (Motion)
Wed 12/13 5:20 PM
Motion to Dismiss filed by Tanisha N. Bostick on behalf of Lynnetta Watts, Nora Watts. (Bostick, Tanisha) |
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| Monday, November 20, 2023 | ||
| 6 | 6
cmp
Return of Summons Served
Mon 11/20 11:34 AM
Return on Summons Served on: Judge Sharon Kalemkiarian , Superior Court of California, County of San Diego, North County Family Division . Served On 11/16/2023 filed by Phillip W. Simon . (Slaughter, S.) Modified on 11/20/2023 (Slaughter, S.) |
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| 5 | 5
cmp
Return of Summons Served
Mon 11/20 11:31 AM
Return on Summons Served on: Lynnetta Watts , Nora Watts . Served On 11/15/2023 filed by Phillip W. Simon . (Slaughter, S.) Modified on 11/20/2023 (Slaughter, S.) |
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| Monday, November 13, 2023 | ||
| 3 | 3
court
Receipt of Filing Fee (OTC auto)
Mon 11/13 6:00 PM
Receipt of Adversary Filing Fee - $350.00 by KF. Receipt Number 301302. (Admin.) |
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| 2 | 2
court
Summons Issued (CSD 2500A)
Mon 11/13 4:30 PM
Summons Issued on Phillip W. Simon Answer Due 12/13/2023; Certificate of Service (Fearce, K.) |
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| 1 | 1
cmp
Complaint (fee)
Mon 11/13 12:49 PM
Adversary case 23-90077 Complaint by Phillip W. Simon against Superior Court of California, County of San Diego, North County Family Division, Judge Sharon Kalemkiarian, Lynnetta Watts, Nora Watts. Nature of Suit: 14 71 (Injunctive relief - reinstatement of stay) 72 (Injunctive relief - other) 02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy)) , Fee Amount $ 0.00 Filed by Phillip W. Simon. (Fearce, K.) |
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