W. Valley Med. Partners, LLC v. Menaker (In re Menaker)

I.

JURISDICTION

The Court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. § 1334 (b). Venue in this Court is proper pursuant to 28 U.S.C. § 1409 (a). This adversary proceeding is a core proceeding pursuant to 28 U.S.C. § 157 (b)(2)(A), (B) and (I), and this Court has the constitutional authority to enter a final judgment. Wellness Int'l Network, Ltd. v. Sharif, --- U.S. ----, 135 S. Ct. 1932 , 191 L.Ed.2d 911 (2015).

II.

FACTUAL BACKGROUND

In October 2009, the Plaintiff leased commercial office space located at 5363 Balboa Blvd., Ste. 121, Encino, California to the Defendants, who used the premises to operate a medical sleep study clinic. The lease was for a seven-year term commencing on October 22, 2009, expiring on September 30, 2016. By April of 2013, the Defendants had vacated the premises.

*631 On May 24, 2013, the Defendants filed a joint voluntary chapter 13 petition. On June 7, 2013, the Defendants filed their schedules of assets and liabilities and statement of financial affairs. The Defendants did not schedule the Plaintiff as the holder of a claim. The Defendants likewise did not list Plaintiff on their master mailing list of creditors.…