Cornell L. Toney v. Select Portfolio Servicing, et al

Defendant Select Portfolio Servicing filed on February 23, 2026, a Motion to lift a stay imposed on this case as a result of Chapter 7 Bankruptcy filing by Plaintiff.

Defendant argues that because the bankruptcy case has been dismissed by the bankruptcy court, the stay should be lifted. Defendants also argue that even if the bankruptcy was still pending, the automatic stay contained in 11 U.S.C. § 362 only apply to actions against a debtor, not actions which are brought by a debtor. 11 U.S.C. §§ 362(a)(1)-(2); Shah v. Glendale Federal Bank (1996) 44 Cal. App. 4th 1371, 1375.

This is not an action against Plaintiff, but rather an action brought by Plaintiffs Cornell Toney and Ayanna L. Jenkins-Toney (collectively, “Plaintiffs”) against Defendant Select Portfolio Servicing, Inc. (“SPS” or “Defendant”)

Plaintiff has not filed a response nor has an opposition to the motion. The failure to oppose is considered consent to the granting of the motion. (Cal. Rules of Court, rule 8.54(c); Local Rule Marin, Civil 2.8G.1.)

Defendant’s motion is therefore GRANTED as requested.

The matter is set for a case management conference in this department on July 13, 2026.

Defendant is to lodge a proposed order for consideration.

Should any party wish to contest this tentative, the matter will be heard on May 29, 2026, at 1:30 pm in this department. Marin County Superior Court Local Rules, Rule 2.10(A), (B), which provides that if a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing.

Parties must comply with Marin County Superior Court Local Rules, Rule 2.10(A), (B), which provides that if a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e., it is not necessary to speak with counsel or parties directly.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. In the event no party requests oral argument in accordance with Rule 2.10(B), the tentative ruling shall become the order of the court.

IT IS ORDERED that evidentiary hearings shall be in-person in Department L. For routine appearances, the parties may access Department L for video conference via a link on the court website. Kindly turn your camera on when your case is called and make sure the party or lawyer making the appearance is properly identified on the screen.

FURTHER ORDERED that the parties are responsible for ensuring that they have a good connection and that they are available for the hearing while using the virtual remote courtroom. If the connection is inadequate, the Court may proceed with the hearing in the party’s absence. If it is determined that you are driving your car during the hearing, you will be removed from the virtual courtroom. (Yes, this happens).