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Case 17-05016-btb Doc 40 Entered 04/16/18 10:08:11 Page 1 of 8
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
Hearing Date: June 13, 2018
Hearing Time: 2:00 p.m.
STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS’ QUIET TITLE/DECLARATORY RELIEF CAUSE OF ACTION
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
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Case 17-05016-btb Doc 40 Entered 04/16/18 10:08:11 Page 2 of 8
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
COMES NOW 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”) (hereinafter “Plaintiffs”), respectfully submit this separate statement of undisputed facts and supporting exhibits pursuant to Local Rule 7056(a) in support of Plaintiffs’ MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS’ QUIET TITLE/DECLARATORY RELIEF CAUSE OF ACTION filed concurrently herewith.
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Case 17-05016-btb Doc 40 Entered 04/16/18 10:08:11 Page 3 of 8
Plaintiffs’ Interest in the Nine Parcels of the Property
Plaintiffs own two-thirds undivided interest in nine (9) parcels of land (collectively hereinafter as the “Property”)1 located in Washoe County, Nevada. Plaintiffs claim title by the following instruments recorded in the official records of Washoe County, Nevada:
TABLE A:
|
Date Recorded |
Description |
Instrument Number |
|
8/6/2003
|
Grant, Bargain And Sale Deed transferring an undivided 2/3 interest in the Property to Plaintiff SL Trust and Ray Koroghli, an unmarried man.
|
29005922 |
|
5/12/2009
|
Quitclaim Deed transferring an undivided 1/3 interest in the Property from Ray Koroghli to Plaintiff KM Trust.
|
37586593 |
Defendant Jed Margolin’s Claim to Three Parcels of the Property
Defendant Jed Margolin (“Margolin”) claims he is “the sole title owner of the property in question.”[4] Public records show only that Margolin obtained an interest (if any) in Parcels 2, 4 and 8 of the Property by the following instruments recorded in the official records of Washoe County, Nevada:
________________
[1] The parcels are specifically identified by the following assessor’s parcel numbers:
|
a.
|
079-150-09 (Parcel 1);
|
|
b.
|
079-150-10 (Parcel 2);
|
|
c.
|
079-150-13 (Parcel 3);
|
|
d.
|
084-040-02 (Parcel 4);
|
|
e.
|
084-040-04 (Parcel 5);
|
|
f.
|
084-040-06 (Parcel 6);
|
|
g.
|
084-040-10 (Parcel 7);
|
|
h.
|
084-130-07 (Parcel 8);
|
|
i.
|
084-140-17 (Parcel 9 |
[2] Declaration of Yanxiong Li, Esq. attached hereto as Exhibit A (“Li Decl.”) at ¶2 and Exhibit 1.
[3] Li Decl. at ¶3 and Exhibit 2.
[4] Margolin’s Answer [Adv. No. 13 at 8] attached hereto as Exhibit B.
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TABLE B:
|
Date Recorded |
Description |
Instrument Number |
|
6/26/2013 |
Default Judgment in favor of Margolin against Optima Technology Corp., a California corporation; Optima Technology Corp., a Nevada corporation; and Zandian.
|
4269631 [5]
|
|
4/9/2015 |
Sheriff’s Certificate of Sale of Property recites a purported auction of Parcel 8 on 4/3/2015 of “all right, title and interest of the said judgment debtor…to Jed Margolin.”
|
4456021 [6] |
|
9/8/2016 |
Sheriff’s Deed Upon Execution of Real Property transferring “all of the rights, title interest and claim belonging to Judgment Debtors” in Parcel 8 to Jed Margolin.
|
4630134 [7] |
|
4/9/2015 |
Sheriff’s Certificate of Sale of Property recites a purported auction of Parcel 4 on 4/3/2015 of “all right, title and interest of the said judgment debtor…to Jed Margolin.”
|
4456032 [8] |
|
9/8/2016 |
Sheriff’s Deed Upon Execution of Real Property transferring “all of the rights, title interest and claim belonging to Judgment Debtors” in Parcel 4 to Jed Margolin.
|
4630133 [9] |
|
4/9/2015
|
Sheriff’s Certificate of Sale of Property recites a purported auction of Parcel 2 on 4/3/2015 of “all right, title and interest of the said judgment debtor…to Jed Margolin.”
|
4456020 [10] |
|
9/8/2016
|
Sheriff’s Deed Upon Execution of Real Property transferring “all of the rights, title interest and claim belonging to Judgment Debtors” in Parcel 2 to Jed Margolin.
|
4630135 [11] |
______________________
[5] Li Decl. at ¶3 and Exhibit 3.
[6] Li Decl. at ¶3 and Exhibit 4.
[7] Li Decl. at ¶3 and Exhibit 5.
[8] Li Decl. at ¶3 and Exhibit 6.
[9] Li Decl. at ¶3 and Exhibit 7.
[10] Li Decl. at ¶3 and Exhibit 8.
[11] Li Decl. at ¶3 and Exhibit 9.
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Plaintiffs are not named as the “defendants” or “judgment debtors” in the Default Judgment; in the Sheriff’s Certificates of Sale; or in the Sheriff’s Deeds referenced above.[12] It is undisputed that no notice was sent to either Plaintiff regarding the April 3, 2015 execution sales (“Execution Sales”) recited in the Sheriff’s Certificates of Sale and Sheriff’s Deeds above. [13] Additionally, no Affidavit of Judgment or similar document containing information regarding the judgment debtor required under NRS 17.150(4)(a)-(d) was recorded concurrently with the Default Judgment in the official records of Washoe County, Nevada. [14]
Defendant Zandian confirms Plaintiffs’ Interest in the Property
Defendant Canet admits that SL Trust is now and at all times relevant herein, the coowner of one-third (1/3) undivided interest in title to the Property under the Grant, Bargain and Sale Deed signed by Nevada Land and Resources Company, and recorded on August 6, 2003 as Instrument No. 2900592 in the Washoe County Recorder’s Office. [15]
___________________
[12] See Exhibits 3-9 attached to Li Decl.
[13] Margolin’s Responses to Request for Admission Nos. 4 & 5, attached hereto as Exhibit C.
[14] See Exhibit 3 attached to Li Decl.
[15] Canet’s Answer [Adv. No. 15 at ¶1] attached hereto as Exhibit D (admits ¶6 of Plaintiffs’ Adversary Complaint).
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Case 17-05016-btb Doc 40 Entered 04/16/18 10:08:11 Page 6 of 8
Defendant Zandian also admits that KM Trust is now and at all times relevant herein, the co-owner of one-third (1/3) undivided interest in title to the Property under a Quitclaim Deed signed by Ray Koroghli, and recorded on May 12, 2009 as Instrument No. 3758659 in the Washoe County Recorder’s Office.16 Together, these conveyances conveyed 2/3rds of the title in all nine (9) parcels to Plaintiffs.
DATED this 16th 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
__________________
[16] Canet’s Answer [Adv. No. 15 at ¶1] attached hereto as Exhibit D (admits ¶7 of Plaintiffs’ Adversary Complaint).
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Case 17-05016-btb Doc 40 Entered 04/16/18 10:08:11 Page 7 of 8
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 16, 2018, I served the following document(s): STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS’ QUIET TITLE/DECLARATORY RELIEF CAUSE OF ACTION
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
yli@wrightlegal.net , nvbkfiling@wrightlegal.net , jcraig@wrightlegal.net ;
kwightman@wrightlegal.net
YANXIONG LI on behalf of Counter-Defendant RAY KOROGHLI
yli@wrightlegal.net , nvbkfiling@wrightlegal.net , jcraig@wrightlegal.net ;
kwightman@wrightlegal.net
YANXIONG LI on behalf of Counter-Defendant SATHSOWI T. KOROGHLI
yli@wrightlegal.net , nvbkfiling@wrightlegal.net , jcraig@wrightlegal.net ;
kwightman@wrightlegal.net
YANXIONG LI on behalf of Plaintiff FRED SADRI
yli@wrightlegal.net , nvbkfiling@wrightlegal.net , jcraig@wrightlegal.net ;
kwightman@wrightlegal.net
YANXIONG LI on behalf of Plaintiff RAY KOROGHLI
yli@wrightlegal.net , nvbkfiling@wrightlegal.net , jcraig@wrightlegal.net ;
kwightman@wrightlegal.net
YANXIONG LI on behalf of Plaintiff SATHSOWI T. KOROGHLI
yli@wrightlegal.net , nvbkfiling@wrightlegal.net , jcraig@wrightlegal.net ;
kwightman@wrightlegal.net
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Case 17-05016-btb Doc 40 Entered 04/16/18 10:08:11 Page 8 of 8
ADAM P MCMILLEN on behalf of Cross Defendant JED MARGOLIN
amcmillen@bhfs.com , nlindsley@bhfs.com
ADAM P MCMILLEN on behalf of Defendant JED MARGOLIN
amcmillen@bhfs.com , nlindsley@bhfs.com
ARTHUR ZORIO on behalf of Cross Defendant JED MARGOLIN
azorio@bhfs.com , RenoIDFilings@bhfs.com
ARTHUR ZORIO on behalf of Defendant JED MARGOLIN
azorio@bhfs.com , RenoIDFilings@bhfs.com
3. On April 16, 2018, I served the above-named document(s) by the following means to the persons as listed below:
[X] b. United States mail, postage fully pre-paid (List persons and addresses. Attach additional paper if necessary)
JED MARGOLIN JAZI GHOLAMREZA ZANDIAN
c/o Brownstein Hyatt Farber Schreck, LLP 6 RUE EDOUARD FOURNIER
Attn: Matthew D. Francis, Esq. PARIS
Attn: Arthur Zorio, ESq.
5371 Kietzke Lane
Reno, NV 89511
STEVE E. ABELMAN on behalf of Creditor Jeffrey L. Hartman, Esq.
JED MARGOLIN HARTMAN & HARTMAN
BROWNSTEIN HYATT FARBER SCHRECK 510 West Plumb Lane, Suite B
410 17th STREET, STE 2200 Reno, NV 89509
DENVER, CO 80241 Attorney for Patrick Canet
4. That such mailing was accomplished by first class mail, pre-paid, in a sealed envelope.
5. I declare under penalty of perjury that the foregoing is true and correct.
I declare under penalty of perjury that the foregoing is true and correct.
Signed on this 16th day of April, 2018.
/s/ Kelli Wightman
An employee of Wright, Finlay & Zak, LLP
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Case 17-05016-btb Doc 40-1 Entered 04/16/18 10:08:11 Page 1 of 188
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
DECLARATION OF YANXIONG LI, ESQ. IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS’ QUIET TITLE/DECLARATORY CAUSE OF ACTION
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.
Defendant.
Hearing Date: June 13, 2018
Hearing Time: 2:00 p.m.
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Case 17-05016-btb Doc 40-1 Entered 04/16/18 10:08:11 Page 2 of 188
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.
I, Yanxiong Li, Esq., hereby declare under penalty of perjury under the laws of the State of Nevada and federal law that the following assertions are true and correct, and of my own personal knowledge:
1. I am an attorney duly licensed to practice law in the State of Nevada and an attorney with the law firm Wright Finlay & Zak, LLP, counsel 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 Koroghli Management Trust (“Plaintiffs”) in this matter. I make this Declaration in support of Plaintiff’s MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS’ QUIET TITLE/DECLARATORY CAUSE OF ACTION (“MSJ”).
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2. I reviewed the publicly-available records of matters recorded against the title to real properties at issue, consisting of multiple parcels of land located in Washoe County, Nevada1 (“the Property”) by viewing the same on the Washoe County Recorder’s online database known as EagleWeb (available at http://icris.washoecounty.us/recorder/web/ ; last visited on April 12, 2018). I searched the database by using the grantor-grantee names and document number for specific instruments. Public records show Plaintiffs’ interest in the subject property is as follows: In August 2003, each Plaintiff acquired a one-third (1/3rd) undivided
interest in title to the Property. The Grant, Bargain and Sale Deed executed by NV Land and Resources Company identified Fred Sadri as Trustee for Star Living Trust, Ray Koroghli (a single man) and Reza Zandian (a married man as his sole and separate property) each as tenants in common with respect to one-third interest in the Property. True and correct copy of this GBS Deed recorded in the Washoe County Recorder’s Office as Book and Instrument Number 2900592 is attached to this Declaration as Exhibit 1.
3. Public records also show that on May 12, 2009, a Quitclaim Deed was recorded showing that Mr. Ray Koroghli transferred his one-third undivided interest in title to the Property to himself and Mrs. Koroghli, as Managing Trustees for Koroghli Management Trust. True and correct copy of this Quitclaim Deed recorded in the Washoe County Recorder’s Office as Book and Instrument Number 3758659 is attached to this Declaration as Exhibit 2.
4. On June 26, 2013, Defendant Jed Margolin obtained a default judgment in the suit he had filed against the co-defendant Zandian, Optima Technology Corporation, a California
1 The real properties at issue are multiple parcels of land located in Washoe County, Nevada described by the Assessor Parcel Numbers below: (collectively hereinafter, the “Property”):
a. 079-150-09 (Parcel 1);
b. 079-150-10 (Parcel 2);
c. 079-150-13 (Parcel 3);
d. 084-040-02 (Parcel 4);
e. 084-040-04 (Parcel 5);
f. 084-040-06 (Parcel 6);
g. 084-040-10 (Parcel 7);
h. 084-130-07 (Parcel 8);
i. 084-140-17 (Parcel 9).
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corporation and Optima Technology Corporation, a Nevada corporation (“Default Judgment”). This Default Judgment awarded damages to Defendant Jed Margolin only against Zandian and entities unrelated to Plaintiffs. True and correct copy of this Default Judgment recorded in the Washoe County Recorder’s Office as Book and Instrument Number 4269631 is attached to this Declaration as Exhibit 3.
5. A search of public records shows that no Affidavit of Judgment or document containing information regarding the judgment debtor required under NRS 17.150(4)(a)-(d) was recorded concurrently with the Default Judgment in the official records of Washoe County, Nevada.
6. Pursuant to three Sheriff’s Certificates of Sale of Property, Margolin caused Parcels 2, 4, and 8 (APNs: 084-130-07; 084-040-02; 079-150-10) to be sold on April 3, 2015 by Sheriff’s Sales to himself. True and correct copies of these Sheriffs’ Certificates of Sale recorded in the Washoe County Recorder’s Office as Book and Instrument Numbers 4456021, 4456032, 4456020 are attached to this Declaration as Exhibits 4, 6 and 8.
7. Pursuant to three Sheriff’s Deeds Upon Sale of Property, Margolin caused “all of the rights, title interest and claim belonging to Judgment Debtors” in Parcels 2, 4, and 8 (APNs: 084-130-07; 084-040-02; 079-150-10) to be transferred to himself. True and correct copies of these Sheriffs’ Deeds Upon Sale recorded in the Washoe County Recorder’s Office as Book and Instrument Numbers 4630134, 4630133, 4630135 are attached to this Declaration as Exhibits 5, 7 and 9.
8. Public records also show that on June 22, 2007, a Judgment Confirming Arbitration Award was recorded, requiring “Defendants to execute and deliver to [Zandian’s] counsel…” various deeds effectuating the transfer of property interest. True and correct copy of this Judgment recorded in the Washoe County Recorder’s Office as Book and Instrument Number 3547263 is attached to this Declaration as Exhibit 10.
9. A search of public records shows, however, that none of the deeds referenced in and/or attached to the Judgment Confirming Arbitration Award has been executed and recorded.
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10. True and correct copy of Stipulated Judgment recorded in the Washoe County Recorder’s Office as Book and Instrument Number 4747575 is attached to this Declaration as Exhibit 11.
11. On May 25, 2017, Plaintiffs commenced the instant action by filing their Adversary Complaint for Quiet Title/Declaratory Relief, Preliminary/Permanent Injunction and Unjust Enrichment against Defendants, Jed Margolin and Jazi Gholamreza Zandian (Adv. No. 1).
12. On June 29, 2017, Defendant, Margolin filed his Answer to Plaintiffs’ Complaint (Adv. No. 13) in which he denies that Plaintiffs own two-thirds undivided interest in the Property and prayed for “judgment against Plaintiffs declaring [Margolin] as the sole title owner of the property in question” (Adv. No. 13 at 7:27-8:1).
13. On July 28, 2017, Patrick Canet, on behalf of Defendant Zandian, filed his Answer (Adv. No. 15) to Plaintiffs’ Complaint in which he admits that Plaintiffs own two-thirds undivided interest in the Property (Adv. No. 15 at 2:7).
Dated this 16th day of April, 2018.
/s/ Yanxiong Li, Esq.________
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
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
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