doc37_sadri-koroghli

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Case 17-05016-btb Doc 37 Entered 04/12/18 10:40:46 Page 1 of 6

WRIGHT, FINLAY & ZAK, LLP

Dana Jonathon Nitz, Esq.

Nevada Bar No. 0050

Edgar C. Smith, Esq.

Nevada Bar No. 5506

Yanxiong Li, Esq.

Nevada Bar No. 12807

7785 W. Sahara Ave., Suite 200

Las Vegas, NV 89117

(702) 475-7964; Fax: (702) 946-1345

yli@wrightlegal.net

Attorneys for Plaintiffs, Fred Sadri, individually and as Trustee for The Star Living Trust, dated April 14, 1997; Ray Koroghli, individually; Ray Koroghli and Sathsowi T. Koroghli, as Managing Trustees for Koroghli Management Trust

UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEVADA

Case No.: 16-50644-btb

Chapter 15

Adversary No.: 17-05016-btb

In re: JAZI GHOLAMREZA ZANDIAN,

Debtor

PATRICK CANET,

Foreign Representative

FRED SADRI, AS TRUSTEE FOR THE STAR LIVING TRUST, DATED APRIL 14, 1997; RAY KOROGHLI AND SATHSOWI T. KOROGHLI, AS MANAGING TRUSTEES FOR KOROGHLI MANAGEMENT TRUST,

Plaintiffs,

vs.

JED MARGOLIN; JAZI GHOLAMREZA ZANDIAN; and all other parties claiming an interest in real properties described in this action.

Defendants

PARTIAL JOINDER TO PATRICK CANET’S OPPOSITION AND COUNTERMOTION FOR SUMMARY JUDGMENT VOIDING JUDGMENT LIEN

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Case 17-05016-btb Doc 37 Entered 04/12/18 10:40:46 Page 2 of 6

PATRICK CANET,

Counterclaimant,

vs.

FRED SADRI, INDIVIDUALLY AND AS TRUSTEE FOR THE STAR LIVING TRUST, DATED APRIL 14, 1997; RAY KOROGHLI, INDIVIDUALLY; RAY KOROGHLI AND SATHSOWI T. KOROGHLI, AS MANAGING TRUSTEES FOR KOROGHLI MANAGEMENT TRUST,

Counter-defendants

PATRICK CANET,

Crossclaimant,

vs.

JED MARGOLIN,

Cross-defendant

Plaintiffs FRED SADRI, AS TRUSTEE FOR THE STAR LIVING TRUST, DATED APRIL 14, 1997 (“SL Trust”) and RAY KOROGHLI and SATHSOWI T. KOROGHLI, AS MANAGING TRUSTEES FOR KOROGHLI MANAGEMENT TRUST (“KM Trust” and together with SL Trust, as “Plaintiffs”), by and through their attorneys of record, the law firm of Wright, Finlay & Zak, LLP, join in arguments asserted by Patrick Canet in his Opposition and Countermotion for Summary Judgment [Adv. No. 34] to void judgment lien and related execution sales conducted by Jed Margolin. Specifically, Plaintiffs join in Mr. Canet’s argument that Mr. Margolin’s purported judgment lien was void ab initio because it lacks necessary information required under NRS 17.150(4) “for the purpose of creating a lien.” [Adv. No. 34 at

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Case 17-05016-btb Doc 37 Entered 04/12/18 10:40:46 Page 3 of 6

6:11-23] (In addition to recording the information described in subsection 2, a judgment creditor who records a judgment or decree for the purpose of creating a lien upon the real property of the judgment debtor…shall record at that time an affidavit of judgment…); See, e.g., Clark Cty. v. S. Nev. Health Dist., 128 Nev. 651, 656, 289 P.3d 212, 215 (2012) (“If the Legislature's intention is apparent from the face of the statute, there is no room for construction, and this court will give the statute its plain meaning”); see also Alcove Inv., Inc. v. Conceicao (In re Conceicao), 331 B.R. 885, 894 (B.A.P. 9th Cir. 2005) (“in construing California’s counterpart to

NRS 17.150(4), the 9th Circuit B.A.P. held that judgment lien was invalid where judgment creditor failed to include debtor’s social security number or indicate that it is unknown when recording the judgment.”). Here, Mr. Margolin did not record any affidavit. Nor does the Default Judgment itself set forth (1) address of the judgment debtor; (2) last four digits of judgement debtor’s driver’s license number or identification card number and state of issuance or of the judgment debtor’s social security number; (3) assessor parcel number and address of the real property; and (4) a statement that judgment creditor has confirmed that the judgment debtor

is the legal owner of that real property. See [Adv. No. 26-1] (Exhibit A to Declaration of Adam McMillen – copies of Default Judgment). The judgment lien is void based on the patent deficiencies in contravention of NRS 17.150(4).

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Case 17-05016-btb Doc 37 Entered 04/12/18 10:40:46 Page 4 of 6

Because Mr. Margolin did not hold a valid judgment lien, the judgment execution sales of parcels 079-150-10, 084-040-02, 084-130-07 was ineffective in transferring the two-thirds interest held by Plaintiffs to Mr. Margolin. Accordingly, judgment should be entered declaring that Plaintiffs own two-thirds interest in the subject properties free and clear of any judgment lien claimed by Mr. Margolin.

DATED this 12th day of April, 2018.

WRIGHT, FINLAY & ZAK, LLP

/s/ Yanxiong Li, Esq.

Dana Jonathon Nitz, Esq.

Nevada Bar No. 0050

Edgar C. Smith, Esq.

Nevada Bar No. 5506

Yanxiong Li, Esq.

Nevada Bar No. 12807

7785 W. Sahara Ave., Suite 200

Las Vegas, NV 89117Tel: (702) 475-7964Fax: (702) 946-1345Attorneys for Plaintiffs,

Fred Sadri, as Trustee for The Star Living Trust, dated April 14, 1997; Ray Koroghli and Sathsowi T.Koroghli, as Managing Trustees for KoroghliManagement Trust

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Case 17-05016-btb Doc 37 Entered 04/12/18 10:40:46 Page 5 of 6

CERTIFICATE OF SERVICE

I, Kelli Wightman, am an employee of Wright, Finlay & Zak, LLP and I certify under penalty of perjury that the foregoing statement is true and correct:

1. On April 12, 2018, I served the following document(s):

PARTIAL JOINDER TO PATRICK CANET’S OPPOSITION AND COUNTERMOTION FOR SUMMARY JUDGMENT VOIDING JUDGMENT LIEN

2. I served the above-named document(s) by the following means to the persons as listed below:

(Check all that apply)

a. ECF System (You must attach the “Notice of Electronic Filing”, or list all persons and address and attach additional paper if necessary)

MATTHEW D. FRANCIS on behalf of Cross Defendant JED MARGOLIN

mfrancis@bhfs.com; nlindsley@bhfs.com , rnofederal@bhfs.com

MATTHEW D. FRANCIS on behalf of Defendant JED MARGOLIN

mfrancis@bhfs.com; nlindsley@bhfs.com , rnofederal@bhfs.com

JEFFREY L HARTMAN on behalf of Cross-Claimant PATRICK CANET

notices@bankruptcyreno.com , sji@bankruptcyreno.com

YANXIONG LI on behalf of Counter-Defendant FRED SADRI