Judge: Curtis A. Kin, Case: 21STCP01959, Date: 2024-04-09 Tentative Ruling

Case Number: 21STCP01959    Hearing Date: April 9, 2024    Dept: 86

MOTION FOR DISCHARGE OF REFEREE

Date:               4/9/24 (1:30 PM) 

Case:               In the Matter of: Vishal Kapoor, M.D., Inc. (21STCP01959) 

TENTATIVE RULING:

Referee Richardson Griswold’s UNOPPOSED Motion for Discharge of Referee is GRANTED.

On June 14, 2022, the Court (Hon. Mary H. Strobel) appointed Richardson Griswold as Referee in the instant action. The Court ordered the Referee to: “a. Inspect Petitioners’ books and records and report to the Court their assets and liabilities; [¶] b. Recommend to the Court the creditors and claimants of Petitioners and recommend whether to join any as parties; [¶] c. Recommend a process for determining whether the assets of Petitioners should be combined; and, [¶] d. Recommend how claims against Petitioners should be resolved and Petitioners’ assets distributed, after notice is given to the creditors and claimants if so or as determined by the Court.” The Court also ordered petitioners to pay for the Referee’s services.

On November 28, 2023, having reviewed the Referee’s Status Report and Final Recommendations, the Court entered an order providing for distribution of petitioners’ assets to creditors based on equitable factors. The Referee’s representatives contacted and verified payment instructions with the creditors designated in the November 28, 2023 order. (Griswold Decl. ¶ 6.) The Referee has remitted payment to each creditor set forth in the November 28, 2023 order. (Griswold Decl. ¶ 7.)

An outstanding balance of $9,351.70 remains for the Referee’s services, but petitioners no longer have any funds to pay the balance. (Griswold Decl. ¶ 9.)

Referee has completed the services set forth in the Court’s June 14, 2022 order. “The court, if it assumes jurisdiction, may make such orders as to any and all matters concerning the winding up of the affairs of the corporation and for the protection of its shareholders and creditors as justice and equity may require.” (Corp. Code § 1904.) Pursuant to Corporations Code § 1904, the Court orders discharge of the Referee in the instant action.