Miscellaneous

  • Whitman

    Expert Witness for Whitman
    2017:     Review of Receiver fiduciary duties.  Qualified as an Expert Witness and testified at trial.


  • MUFG Union Bank, N.A. vs. Chateau Julien, Inc.

    Action No. M129403
    Superior Court, County of Monterey, Judge Susan J. Matcham
    2015:  Receiver appointed to take possession of wine inventory located at two wine storage facilities.  The Receiver will sell or liquidate subject to Court approval.


  • Ode Magazine USA, Inc

    San Francisco, California
    2012:  Ode Magazine specialized in "the only community for intelligent optimists".  The Assignee had a business vlauation opinion report completed in order to value the Ode assets.  The sale of the Ode assets was completed in February 2012 for $900,000.00 of which the majority was assumed subscription liabilities.


  • Contractors Wire & Cable

    Livermore, California
    2011:  Assignee for Contractors Wire & Cable (CWC) with corporate offices in Livermore, California and warehouse locations in Texas, Georgia and Southern California.  The Assignee engaged a liquidator to assist with the sale of the wire, hardware, warehouse racking and vehicles.  The secured lender has been paid approximately $560,000 of its secured debt.  The accounts receivable collection continues.


  • Commercial Bank vs. Pappas Radio of California

    Action No. 1-10-CV-181577
    Superior Court, County of Santa Clara - Judge Peter H. Kirwan
    2010:  Receiver appointed to operate a 50,000KW radio station.  KTRB 860 AM (sports
    radio), located in San Francisco, California with a daytime tower in Hayward and a nighttime tower in Sunol.  KTRB broadcasted during 2010 the A's and Stanford football and basketball.  The FCC license was assigned to the Receiver.  The Receiver reduced staff, prepared operating budgets, worked with lessors and took steps necessary to maintain the radio station assets.  She prepared a request for Local Marketing Agreement (LMA) and solicited offers.  An ofer was accepted and approved by the Court.


  • Mehrdad Elie vs. Kathleen Smith, et al

    Action No. CIV 471364
    Superior Court, County of San Mateo - Judge John L. Grandsaert
    2009:  Receivership Order(s) charging interests in 1.) Napa Smith Restaurant Operations, LLC. 2.) Napa Smith Brewery & Winery, LLC, 3.) One Executive Way, LLC, 4.) Albion Castle, LLC, and 5.) 1225 San Raymundo Road, LLC.


  • Just Countertops

    San Rafael, California
    2009:  Assignee of a construction/countertop replacement company.  Assignee handled creditor notification and claims review.


  • Thomas W. Wilson & William G. Karr vs. Communique Wireless, LLC, Edwin B. Brownrigg, Donna L. Brownrigg, IP Co, LLC dba IntusIQ, LLC

    Action No. RG09440386
    Superior Court of Alameda - Judge Richard O. Keller
    2009: Receiver appointed to request funds on behalf of defendant, review agreements with various parties, clarify the calculations of amounts paid to the LLC and distribute funds to the members of the LLC.


  • Bridge Bank vs. Blue Frog Mobile NV, Inc. et all

    Action No.108CV105297
    Superior Court, County of Santa Clara - Judge Neal A. Cabrinha
    2008: Appointed Limited Purpose Receiver to collect accounts receivable totaling approximately $600,000.


  • Martinez & Golden vs. Margo International, LLC

    Action No. C08-01103
    Superior Court, County of Contra Costa - Judge Judith Craddick
    2008: Receiver for a California based export trading company that caters to retailers and wholesalers in the South Pacific Islands.  The Receiver had completed a valuation of the business as a 'going concern.' and continued to oversee business operations.   She held a mediation session with the parties to try and settle the issues with the members of the LLC.  A member invoked the buy-sell election and the court process was completed. 


  • Comerica Bank, a Michigan Banking Corporation vs. Capitol Reprographics LLC

    Action No. 107CV-089892
    Superior Court, County of Santa Clara - Judge Neal A. Cabrinha
    2007: Appointed Receiver to collect accounts receivable totaling approximately $1.4 million.


  • Foodcomm International, Inc.

    Action No. 106 CV 058626
    Superior Court, County of Santa Clara - Judge Neil A. Cabrinha
    2006: Receiver appointed to wind up and dissolve the corporation through a proposed Plan of Dissolution.  The Plan required the preparation of a sale package and an auction procedure as a 'going concern'   and included all owned/leased equipment, corporate office building, leased Australia office, trademarks, goodwill, produce inventory, intellectual property, and corporate information including domain name, company name, website, copyrights, packaging and customer lists.  Just prior to going to the market for sale, the Receiver held several mediation sessions between the shareholders, which resulted in a buyout, and continuation of the business.


  • Independent Press Association

    San Francisco, California
    2006: IPA was established as the premier trade association of the U.S. independent magazine industry. The non-profit had two locations with the main office in San Francisco and the other office in New York City. The assets of the New York City office and assumption of liabilities was completed by the Assignee in January 2006. Assets of the San Francisco office were liquidated to cash value for the creditors.


  • Open Harbor

    San Carlos, California
    -Global trade management solutions company
    for international transactions


  • In re: Merchant Land Fund I, LLC

    Action No. 02-43663T
    Appointment: Chapter 11 Trustee
    Northern District of California - Judge Leslie Tchaikovsky
    2003: Appointed Chapter 11 Trustee of MLFI, the owner of approximately 2,156 acres of real property located in Contra Costa County. The majority of the property is unimproved with the remainder being the Roddy Ranch Golf Course. The Trustee managed the golf course, secured post-petition financing and negotiated for the sale of the property. The Trustee filed a Plan and Disclosure Statement.


  • In re: Michael Muldoon Elder dba Vorpal Gallery

    Action No. 02-30677
    Appointment: Chapter 11 Trustee
    Northern District of California - Judge Thomas E. Carlson
    2003: Appointed Chapter 11 Trustee of Vorpal Gallery a 40 year old bi-coastal retail art gallery with more than 5,600 pieces of owned art appraised at $10 to $16 million. Negotiated insurance, storage and auction agreements, inventoried and created an inventory database, negotiated the San Francisco lease termination, marketed New York owned co-ops for sale at $1.5 and $2 million, negotiated judgment settlement agreement with largest creditor, researched large inventory of consigned works, reconstructed records to prepare tax returns for 2001 and 2002.


  • In re: EDC Liquidating Trust

    Appointment: Liquidation Trustee appointed by Shareholders
    2002: Trustee for substantial Applied Material stocks; inventory and notes receivable.


  • Friends of Photography

    San Francisco, California
    2002: Assignee for Friends of Photography, a California non-profit public benefit corporation founded by Ansel Adams promoted the growth and visibility of the art of photography for more than thirty years through exhibitions, publications and educational experiences. The largest asset of the Friends was the Legacy Collection, 138 photographs by Ansel Adams. It was sold by the Assignee for its appraised value of $1,820,000. One hundred percent payment to creditors plus ten percent interest. Any remaining funds will be contributed to other non-profit originations.


  • Printer's Inc. Bookstore

    Mountain View, California
    2001: Assignee for a bookstore. Negotiate sale of book inventory and fixed assets. Established consignment agreement and accounting for used book inventory proceeds.


  • Finova Capital Corporation vs. RJW Lumber Company

    Action No. 224656
    Superior Court, Sonoma County - Judge Laurence K. Sawyer
    2000: Receiver for lumber company in Healdsburg that had closed prior to appointment. Employed auctioneer to liquidate remaining lumber, lumber equipment, vehicles and office equipment.


  • Chow vs. Chow

    Action No. D99-00881
    Superior Court, Contra Costa County - Judge Josanna Berkow
    2000: A divorce action involving the management and operation of the Oriental Market located in Oakland's Chinatown.  Acted as mediator in settlement conference which resulted in a settlement between the parties.


  • Kwang Davis vs. Sung Ja Tavaglione

    Action No. 154690
    Superior Court, San Francisco County - Judge Carlos Bea
    2000: Appointed as a Receiver with limited jurisdiction to sell a San Francisco liquor license.


  • San Francisco Science Funds, LLC vs. Transderm Diagnostics, Inc.

    Action No. 313601
    Superior Court, County of San Francisco - Judge David A. Garcia
    2001: Receiver in Aid of Execution of Judgment. Sale of Patent Application and Intangible assets pursuant to CCP 701.510. 


  • State Street Bank and Trust vs. WindPower Partners 1989, L.P.

    Action No. 17043
    Superior Court, Solano County - Judge Franklin R. Taft
    2001: The subject of this Receivership, WindPower Partners 1989 (WPP89), is one of three partnerships that own wind turbine projects (the Wind Plant Assets) in the Altamont Pass region of Alameda County and in Solano County. The Wind Plant Assets consist of 717 wind turbine generators, a power collection system and a communication system. The Receiver sold the assets for $14.5 million.


  • PowerBoard, Inc.

    Richmond, California
    2000: Assignee for a business that created the power-board rebounder fitness products. The assignment entailed attempts to collect royalty payments. No payments were received and the Assignment was terminated.


  • Greens.com

    Scottsdale, Arizona
    Beaverton, Oregon
    2000: Assignee for a golf reservations Internet company. Sale of all assets including website and domain name to third party purchaser for $2.1 million. Establishment of creditor listing for disbursement to creditors. An interim distribution of $.05 was issued to general unsecured creditors. Extensive income, sales and payroll tax preparation.


  • Hawaiian Distribution Systems, Inc. (HDS)

    San Leandro, California
    Los Angeles, California
    Seattle, Washington
    2000: Assignee for a shipping container company. Sale of all assets including leasehold interest in Los Angeles and sale of furniture, fixtures and equipment in San Leandro and Seattle. Worked with secured creditor until paid in full with balance of accounts receivable available to general unsecured creditors.


  • In re: American Basketball League, Inc.

    Action No. 98-6-0354-MM
    Appointment: Liquidation Officer
    Northern District of California - Judge Marilyn Morgan
    1999: Consolidation and liquidation of assets of the women's basketball team known as the American Basketball League with the following teams and locations:
    San Jose - Lasers Palo Alto - League Office
    Seattle - Reign Philadelphia - Rage
    Portland - Power New England - Blizzard
    Colorado - Xplosion Nashville - Noise
    Chicago - Condors Columbus - Quest
    Assets include team merchandise, furniture fixtures and equipment, game video's and preference actions.


  • In re: Ron McNiel, Sr.

    Action No. 97-56350ASW
    Appointment: Court Appointed Professional
    Northern District of California - Judge Arthur S. Weissbrodt
    1999: Appointed to facilitate/negotiate sales of real property as follows:
    Two retail buildings and residence - Scotts Valley
    Office building - San Jose
    Warehouse - Michigan
    Employed an investment banker to assist with the sale of Custom Food Machinery, Inc., a heavy machine equipment company located in Stockton.  Mediation and settlement of malpractice claims against attorneys for the debtor.


  • Bent Severin

    San Francisco, California
    Consultant to Bank of the Orient in liquidation of an architectural firm. Review records, prepare accounts receivable listing and coordinate turnover of leased premises to landlord.


  • Creditors Committee for the Bornemeier Bankruptcy Case

    San Jose, California
    Preparation of business evaluation of Elan Products, Inc., a wholesale kitchenware product company.


  • Lois Henderson vs. Thomas Henderson

    Action No. 094-00322
    Superior Court, Contra Costa County - Judge Johanna Berkow
    1997: A divorce action involving numerous businesses, primarily seafood and wood product enterprises.  Review and analysis of court reports to determine viability of businesses.  Acted as mediator in an extensive settlement conference which resulted in a settlement between the parties.


  • Jeff Delima and Kenneth Delima vs. Alfredo Botelho

    Action No. 430374-7
    Municipal Court, Alameda County - Judge John A. Burke
    1993: Collection of judgment from custom hardware and cabinet business.


  • Dependable Acceptance Co. vs. Glacier Bottled Water Company, et al.

    Action No. H 161928-7
    Superior Court, Alameda County - Judge Ronald M. Sabraw
    1993: Management, operation and liquidation of a bottled water plant located in Hayward, California.


  • Ford Motor Credit Company vs. Chong Kong Garment Corporation/ Security Pacific National Bank vs. Elegant Knits of California, Inc./ Century Bank vs. Yee Knitwear, Leetex Garment Manufacturing Corporation

    Action Nos. 934548/934621/934443
    Superior Court, San Francisco County - Judge Stuart R. Pollak
    1991: Fraudulent activity case with over 30 business entities located in San Francisco and Oakland, California, involving lessors/lenders with leases/loans in excess of $50 million for knitting/sewing equipment and accounts receivable.


  • Price, Kass vs. Hardin, Oceanic Leasing, Aerocapital, The Tax Company, et al.

    Action No. 921799
    Superior Court, San Francisco County - Judge John A. Ertola
    1990: Fraudulent activity cases involving investor contributions of over $5 million for purchase of telephones, airplanes, and vehicles in a sale/leaseback arrangement.  Additional tax preparation business located in San Francisco, California.  Numerous assets involving real and personal property. 


  • People of the State of California vs. Renee Elyse Rosier

    Action No. 99283
    Superior Court, Alameda County - Judge Michael E. Ballachey
    1990: Liquidation of personal property pursuant to a restitution order.  Property located in Point Richmond, California.


  • In re: Seabreeze Yacht Center, Inc.

    Action No. 4-88-01370
    Appointment: Trustee
    Northern District - Judge Edward Jellen
    1989: Operation of a 150-slip boat marina, boatyard, and subleased cafe located on the estuary in Oakland, California. Toxic remediation issues.


  • Fleming Companies

    San Francisco, California
    Preparation of business evaluation of retail grocery operation in Oakland, California.