Ronald H. Sargis
How Judge Sargis rules, drawn from 16 signed orders. Every observation links to the order it came from.
How Judge Sargis decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Remand may be appropriate where bankruptcy administration is nearly complete and returning the dispute to state court is likely to advance adjudication.
“There is little left to do with Bankruptcy Case administration. Such a remand does not create any additional burden or delay for the parties in connection with the Bankruptcy Case, and is likely to advance the actual trial date and entry of a judgment adjudicating the Claims and the Affirmative Defenses asserted in the State Court Action.”
Procedural preferences
Fee requests should include billing records and a task-based analysis sufficient to evaluate the services and charges.
“This court finds helpful, and in most cases essential, for professionals to provide a basic task billing analysis for the services provided and fees charged, in addition to the actual billing records.”
Cautions
A deficient claim may be dismissed without prejudice, but further amendment can require a timely motion for leave supported by the proposed pleading.
“If Plaintiff desires to amend his Complaint to state further claims for relief against Defendant-Bridgette, such may be done only with leave of the court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Motion is granted and State Court Action, Evans vs. Windsor Vallejo Care Center, LLC, et al, Case No. FCS055755, is remanded to the California Superior Court for the County of Solano, effective immediately upon this Court entering its order.”
“The Objection to Claimed Exemption for $9,525.00 in the California liquor license pursuant to California Code of Civil Procedure § 703.140(b)(6) is sustained and the claimed exemption of $9,525.00 is disallowed in its entirety.”
“The court shall issue a separate order denying the Ex Parte Motion for Reconsideration and Ex Parte Motion For Continuance of All Related Proceedings.”
“The Motion is denied.”
“Therefore, Plaintiff-Debtor’s Countermotion for Summary Judgment is granted.”
“Further, Defendant-IRS’s Motion for Summary Judgment is denied.”
“The court having determined that Movant is the prevailing party and that California Civil Code § 1717 provides that the prevailing party shall be awarded attorney’s fees, the court determines that the requested $24,185.58 in attorney’s fees is reasonable in this Contested Matter for services provided in litigating the objection proceedings with respect to Debtor’s objection to Creditor’s Proof of Claim 2.”
This companion decision determined that the creditor was not the prevailing party; it is retained for context but excluded from the illustrative counts because the decision does not state the fee-motion disposition in a clean standalone sentence.
“Debtor’s Objection to Creditor’s Original Proof of Claim 2-1 was sustained and the relief sought by Debtor, and opposed by Creditor, was substantially granted.”
“The Creditor’s Objection is sustained, and the claimed exemption in the amount of $100,000.00 is disallowed for all amount in excess of $75,000.00, the homestead exemption amount allowable under former California Code of Civil Procedure § 704.730(a)(1).”
“The Objection is sustained and the court determines that a judgment lien for Creditor was not created by the recording of the abstract of judgment form recorded on September 21, 2020, with the Nevada County, California County Recorder, Document No. 20200024316, a copy of which is attached to the Claim, p. 4.”
“The court shall issue a separate order granting partial summary judgment”
Caseload & timing
From public federal docket records for this judge.
Completed-case duration is reported for 5 terminated matters in the fixed sample.
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