Appearing Before Judge Scott C. Clarkson; Chapter 11 Valuation Under Section 506 Must be Brought by Motion; Electronic Devices in the Courtroom; Failure to Timely File Required Status Reports - Counsels/Parties Must Appear in Santa Ana; Judge Clarkson’s Instructions for Pre-Trial Stipulations, Settl

=== Appearing Before Judge Scott C. Clarkson ===

APPEARING BEFORE JUDGE SCOTT C. CLARKSON Judge Clarkson starts matters promptly at the calendared hearing time. Please arrive at least five (5) minutes early to check in with the Courtroom DECRO. 1. Which Courtroom do I appear in—Riverside or Santa Ana? For Riverside Matters, unless otherwise ordered or stated in the Court’s tentative, appearances may be made in either: Video Hearing Room 126 3420 Twelfth Street Riverside, CA 92501 or Courtroom 5C 411 West Fourth Street Santa Ana, CA 92701 For Santa Ana matters, unless otherwise ordered or stated in the Court’s tentative, appearances must be made in: Courtroom 5C 411 West Fourth Street Santa Ana, CA 92701 2. How do I check in? Attorneys: Please give the DECRO two (2) business cards, and write the following on the front of the business card: 1) the name of the party you represent (i.e., Plaintiff, John Doe or Creditor, Big Bank); and 2) the Calendar Numbers in which you are appearing. 3. How do I know if I need to appear? Unless the tentative specifically excuses appearances for a hearing, appearances are required. 4. May I appear telephonically? Yes, unless specified below or otherwise instructed (please review the tentative rulings posted on the Court’s website) parties may appear telephonically for hearings. Please see the link “Notice re: Telephonic Appearance Procedures,” which provides instructions for appearing telephonically before the Judge. Telephonic appearances are not allowed (and therefore counsel must appear physically in Courtroom 5C in Santa Ana) for the following types of hearings: • Motions anticipated to take longer than 15 minutes • Pre-Trials • Summary Judgment Motions • Trials • Confirmation hearings • Disclosure Statement hearings • Evidentiary hearings (i.e., any matter where witnesses may testify or be present) • Motions to Dismiss 5. What if I want to make an appearance on a matter that has been VACATED or DISMISSED? No appearances are permitted on matters that have been VACATED, except as set forth below. With respect to matters which have been DISMISSED, generally and absent unusual circumstances, the only time the Court will permit appearances on cases which have been dismissed is where there is a motion for relief pending, which seeks annulment or in rem relief because the Court retains jurisdiction. If you would like to appear on a matter that has been VACATED in a case that has been DISMISSED, please contact Chambers at least forty-eight (48) hours prior to the hearing at (714) 338-5460 with the date, time, and case number of the vacated matter on which you would like to appear. Also, please be prepared to explain why you will be appearing on a matter that has been vacated. 6. What to do if I’m running late? If you are going to be late for a hearing, you must contact Chambers at (714) 338-5460 and inform Chambers of the reason for the delay and the anticipated length of delay. Failure to do so may result in your matter being called without your appearance. Be advised that if you fail to appear at the time your matter is called and you have not called and spoken with Chambers prior to the hearing time, the Court may impose monetary or non-monetary sanctions, including dismissal of the proceeding or striking the answer. 7. Courtesy/Judges Copies Please remember to provide Chambers with a fully tabbed Chambers copy of any document filed, pursuant to LBR 5005-2(d). All copies should be delivered to Chambers at 411 West Fourth Street, Santa Ana, CA 92701. Please remember that the copy you send is the actual copy that the Judge works from and reviews. The failure to send a Judge’s copy may result in your matter being denied or continued.

=== Chapter 11 Valuation Under Section 506 Must be Brought by Motion ===

Chapter 11 Valuation Under § 506 Must be Brought by Motions Unless specifically ordered by this Court, all valuation matters under § 506 in which a debtor is seeking to value property in chapter 11, must be brought on a noticed motion and may not be brought by adversary proceeding.

=== Electronic Devices in the Courtroom ===

Official Policy for the Use of Electronic Devices within the Courtroom of the Honorable Scott C. Clarkson United States Bankruptcy Judge Courtroom 5C, 411 West Fourth Street, Santa Ana, CA 1. Electronic devices, such as a smart phone, tablet, laptop computer or a similar functioning device having wireless communications capability may be brought into and used within the courtroom. The courtroom has wireless internet service and the password may be secured from the Courtroom Deputy. Telephone ring tones and other functional sounds produced by devices (including but not limited to “vibrate”) MUST be disabled while in the courtroom. Only quiet keyboards may be used in the courtrooms. 2. No person may use such devices within the courtroom to make or receive telephone calls, or to take photographs or for audio or video recording or transmission (exceptions for Court staff, or with Court approval). 3. Persons may use such devices to take notes, transmit and receive data communications, and access the Internet. However, persons may not use such devices to communicate with counsels, parties or witnesses during ongoing proceedings. 4. Media members may transmit written accounts of the proceeding to a wider audience using various means. These persons may not use these devices for telephone calls, photographs or audio or video recording or transmission. 5. At any time, the Judge may prohibit or further restrict use of such devices by all persons prior to or during a proceeding when necessary to protect the rights of the parties or to assure the orderly conduct of the proceedings.

=== Failure to Timely File Required Status Reports - Counsels/Parties Must Appear in Santa Ana ===

Failure to Timely File Required Status Reports – Counsels/Parties Must Appear in Santa Ana Updated 1/25/2011 All required status reports in adversary proceedings and chapter 11 cases must be filed timely. Please carefully review all Central District Local Bankruptcy Rules and all orders arising in adversary proceedings and Chapter 11 cases for the timing, content and service of such status reports. Any counsel or party required to file and serve a status report by a date certain pursuant to the Local Bankruptcy Rules or by order of the Court, but fails to do so, must physically appear for hearing in Courtroom 5C at the United States Bankruptcy Court – Ronald Reagan Federal Building and Court House, 411 West Fourth Street, Santa Ana, CA 92701. Video or telephone appearances are not an option.

=== Judge Clarkson’s Instructions for Pre-Trial Stipulations, Settlement Instructions, Regular Trial and Evidentiary Hearing Instructions ===

JUDGE CLARKSON’S INSTRUCTIONS FOR PRE-TRIAL STIPULATIONS, SETTLEMENT INSTRUCTIONS, REGULAR TRIAL AND EVIDENTIARY HEARING INSTRUCTIONS When searching for items on the court’s website, visit www.cacb.uscourts.gov Preface The parties to an adversary proceeding must carefully read and comply with the following instructions (“PTS Instructions”) for preparing a Pre-Trial Stipulation and an Order Approving Pre-Trial Stipulation. Except as explicitly stated below, the PTS Instructions supplement, not supplant, the requirements and procedures in Local Bankruptcy Rule (“LBR”) 7016-1(a)--(g), including the timelines therein. The Parties must also read LBRs 7030-1 pertaining to depositions. To be aware of requirements related to trial briefs and exhibits included with a filed document or to be presented at a trial, the parties must also read the documents titled “Judge Clarkson’s Procedures Trials and Evidentiary Hearings,” and, if applicable, “Judge Clarkson’s Procedures for Trial by Declaration,” which can be found on Judge Clarkson’s page of the court’s website, under “Instructions/Procedures.” NOTICE TO PARTIES: Any Party that fails to explicitly follow the PTS Instructions may be subject to sanctions pursuant to LBR 1001-1(f) and 7016-1(f), and 11 U.S.C. § 105(a). Pre-Trial Instructions Required Papers to File or Lodge 1) A model Pre-Trial Stipulation (“Model Pretrial Stipulation”) is separately posted on Judge Clarkson’s section of the Court’s website, and all Pre-Trial Stipulations filed with this Court must comport to the Model Pretrial Stipulation. 2) A model Order re: Pretrial Stipulation (“Model Order re: Pretrial Stipulation”) is separately posted on Judge Clarkson’s section of the Court’s website, and all such orders must comport to the Model Order re: Pretrial Stipulation. 3) The Court allows pretrial stipulations to be either filed or lodged via LOU pursuant to Local Bankruptcy Rule 7016-1(b). If the pretrial stipulation is lodged, however, a Notice of Lodgment must be filed. Required Contents for the Pre-Trial Stipulation 1) Each Pre-Trial Stipulation must contain the following: a) Section I – Underlying Issues of Fact Common to All Claims for Relief: i) Only facts fundamental to the adversary proceeding should be included. ii) Each fact should be stated in a separate paragraph. iii) No legal issues/assertions should be listed in this section. If the Parties find that argument and evidence offered in support of a stated “fact” is repeated in the Claims for Relief section, it is likely a mixed issue of law and fact or a legal conclusion and does not belong in the Underlying Issues of Fact Common to All Claims for Relief section. iv) State whether each fact is contested or not contested. Please carefully consider whether facts identified as contested are truly contested. The Court carefully reviews whether the Parties’ argument(s) and supporting evidence directly controvert the asserted fact. v) For each fact that is not contested, stating “not contested” is adequate. For each contested fact, in separate paragraphs provide a brief statement of each party’s argument and supporting evidence including any admissions and proposed witnesses and exhibits. If Defendant does not have evidence to present regarding an asserted fact, Defendant should so state and should elucidate why Plaintiff has failed to meet Plaintiff’s burden to establish the fact. b) Section II – Claims for Relief: i) It is Plaintiff’s duty to elucidate each claim for relief and specify the elements which establish the claim. ii) State whether each element of the claim for relief is contested or not contested. Please carefully consider whether an element identified as contested is truly contested. The Court carefully reviews whether the Parties’ argument(s) and supporting evidence are relevant to the element being contested. iii) For each element that is not contested, stating “not contested” is adequate. iv) For each contested element, in separate paragraphs, provide a brief statement of each party’s argument (including a brief citation of authority supporting the position) and supporting evidence including any admissions and proposed witnesses and exhibits. If Defendant does not have evidence to present regarding an element of a claim for relief, Defendant should so state and should elucidate why Plaintiff has failed to meet Plaintiff’s burden to establish that element. c) Section III – Remedies i) Plaintiff should state each remedy sought in a separate paragraph. If claiming money damages, specifically state the damages claimed and how the damages are calculated. ii) State whether the remedy claimed is contested or not contested. Please consider that contesting liability does not require contesting damages, and vice versa. iii) If a remedy is not contested, stating “not contested” is adequate. iv) If contested, in separate paragraphs provide a brief statement of each party’s argument and supporting evidence including any admissions and proposed witnesses and exhibits. If Defendant does not have evidence to present regarding a remedy sought, Defendant should so state and should elucidate why Plaintiff has failed to meet Plaintiff’s burden to establish entitlement to the relief claimed. d) Section IV – Affirmative Defenses: i) It is Defendant’s duty to elucidate each affirmative defense and specify the elements which establish the defense. ii) State whether each element of the affirmative defense is contested or not contested. iii) For each contested element, in separate paragraphs provide a brief statement of each party’s argument (including a brief citation of authority supporting the position) and supporting evidence including any admissions and proposed witnesses and exhibits. If Plaintiff does not have evidence to present regarding a claim for relief, Plaintiff should so state and should elucidate why Defendant has failed to meet Defendant’s burden to establish the element of the affirmative defense. e) Section V – Exhibits: i) The Parties must attach and state that their exhibits are listed and attached to the Pre- Trial Stipulation in the appropriate Appendix. Plaintiff’s exhibits are to be indexed and attached in Appendix 1. Defendant’s exhibits are to be indexed and attached in Appendix 2. ii) Each Party must identify which exhibits are stipulated to be admitted at trial and which are subject to objection. The failure to object to the admission of exhibits listed on Appendices 1 and 2 shall be deemed a waiver of any objection. iii) If there is a dispute as to the admissibility of either party’s exhibits for any purpose which cannot be remedied, NOT an evidentiary objection which may be remedied at trial (such as lack of foundation) or which may only be determined at trial (such as relevance or hearsay where there may be a non-hearsay purpose for offering the evidence), the objecting party must file and serve a Motion to Exclude concurrently with the Pre-Trial Stipulation. See Section 2 below. iv) Legible copies of each exhibit a party intends to use at trial must be attached to the Pre-Trial Stipulation unless the exhibit is to be used for impeachment purposes only. v) If any party is attaching deposition transcripts as an exhibit, please be aware that the Court requires strict compliance with Local Bankruptcy Rule 7030-1(b). f) Section VI – Witnesses to Be Offered by Each Party: i) The Parties must use the language in Section VI of the Model Pretrial Stipulation. ii) In the appropriate appendix, each party must list the witnesses which the party intends to call to testify at trial. iii) For each witness listed, summarize the witness’ anticipated testimony and estimate the time needed for the direct and cross examination of the witness. It is important to be as accurate as possible in estimating the time needed as that is what the Court uses to allocate the appropriate amount of trial time. g) Section VII – Rebuttal Testimony and Stipulation: i) The Parties must use the language in Section VII of the Model Pretrial Stipulation. 2) Motions to Exclude a) As a general rule, motions to exclude evidence are only appropriate to object to patently inadmissible or prejudicial evidence. b) If there is any dispute as to the admissibility of either party’s evidence, the objecting party must file and serve concurrently with the Pre-Trial Stipulation a motion to exclude the subject evidence with a supporting memorandum of points and authorities. c) Any response to the motion must be filed and served two court days prior to the pre-trial conference. All objections to admission of exhibits submitted with the Pre-Trial Stipulation will be resolved at the pre-trial conference. Settlement Instructions 1) If the Parties are considering settling or are in the process of settling, be advised: a) Unless a settlement is reached prior to the pre-trial conference date, a pre-trial stipulation must be timely filed and served. Failure to timely comply may result in sanctions. b) A stipulation to continue of the pre-trial conference will rarely be granted if the reason for the continuance is that the parties are “discussing settlement” or “in the process of settling.” 2) If the Parties have reached a settlement: a) The parties should immediately contact and advise the Judge’s law clerk at (714) 338- 5460. b) The pre-trial conference may be continued to allow for execution and filing the written settlement if the stipulation to continue contains a copy of the settlement or a substantial recitation of its terms. c) The stipulation to continue must be filed at least three (3) court days prior to the pre-trial conference and a judge’s copy delivered so that it arrives at the judge’s chambers at least three (3) court days prior to the pre-trial conference. An order must be submitted with the stipulation to continue. 3) If the adversary is based on 11 U.S.C. §523(c), then the settlement or stipulated judgment must contain an admission of liability under §523(a)(2), (4) or (6) on behalf of Defendant for it not to be treated as a reaffirmation agreement controlled by §524. If no admission is present, then the requirements of §524(c) and (d) must be followed. Trial Instructions 1) Trial dates are firm and generally, scheduled trials will not be continued prior to or at trial, except for compelling reasons and in the interest of justice. Motions/stipulations for continuance of the trial must be submitted in writing and in accordance with the local rules concerning continuances, along with a corresponding order. Convenience of the parties or counsel alone ordinarily is not a sufficient reason for a continuance. 2) If the parties reach a settlement prior to trial, they must inform the Court promptly at (714) 338-5460. A written stipulation must be filed, and a proposed order must be lodged at least three (3) court days prior to the trial date. A written settlement may be subject to review as discussed above under “Settlement Instructions”. 3) The Parties must comply with Local Bankruptcy Rule 9070-1(a) with respect to identifying and marking trial exhibits, preparing an exhibit register on the form available on the court’s website under “Court Forms”, and preparing and bringing to the trial adequate exhibit sets for all counsel and the witness. The Court requires four copies and one original of exhibit binders to be delivered to Chambers fourteen (14) days prior to the trial. The failure to submit exhibits will preclude that party from introducing exhibits at trial. All exhibits, even if they are attached to declarations, must be included in the exhibit binders with consecutively numbered pagination and marked with consecutive numbers/ letters. The form of trial exhibits must comply with The Central Guide and Local Rules, including marking each exhibit with the appropriate tags (available on the Court website) and separating each exhibit with tabs. See LBR 9070-1(a). Evidence: EXHIBIT REGISTER; EXHIBIT TAGS: Plaintiff & Defendant | Central District of California | United States Bankruptcy Court. Each Exhibit binder may not exceed 1.5 inches in width. In addition, all parties presenting exhibits must prepare an exhibit register in the form of Form B 3024 “EXHIBIT REGISTER AND NOTICE RE DISPOSITION OF EXHIBITS” available on the court’s website, www.cacb.uscourts.gov, under “Court Forms.” The Parties are warned that failure to retrieve exhibits will result in their destruction without further notice thirty days after trial. 4) Briefs are required for trials. All trial briefs must be filed and served not less than fourteen (14) calendar days in advance of the trial date, with a Judge’s Copy served by personal delivery or overnight mail to Chambers suite 5130 on the same date and should comply with the local rules and The Central Guide, including, specifically, Local Bankruptcy Rule 5005- 2(d), as well as section 3-02 of The Central Guide. Chambers: DELIVER a JUDGE'S COPY | Central District of California | United States Bankruptcy Court.The parties are encouraged to include a brief statement of the pertinent facts in their briefs, with citations to exhibits. 5) Unless otherwise ordered, all witnesses must be physically present at the beginning of trial, or else they may not be allowed to provide testimony. 6) Unless otherwise directed by the Court at trial, opening statements are permissible (but not required). Counsel should be prepared to complete closing arguments as soon as the parties have rested. Post-trial briefs are appropriate only if ordered by the Court. 7) Counsels are to instruct their witnesses to pause briefly before answering the question asked of them, to allow opposing counsel to object. Objections are signaled to the Court by standing prior to the witness’ answer. Evidentiary Hearings Instructions 1) Briefs are required for evidentiary hearings. In the absence of a specific briefing schedule set by the Court for an evidentiary hearing, briefs must be filed fourteen (14) calendar days prior to the evidentiary hearing. Judge’s copies of the briefs should be delivered to Chambers suite 5130 on the same date and should comply with the local rules and the The Central Guide, including, specifically, Local Bankruptcy Rule 5005-2(d), as well as Section 3-02 of The Central Guide. 2) The Parties must comply with Local Bankruptcy Rule 9070-1(a) with respect to identifying and marking trial exhibits, preparing an exhibit register on the form available on the court’s website under “Court Forms”, and preparing and bringing to the hearing adequate exhibit sets for all counsel and the witness. The Court requires four copies and one original of exhibit binders to be delivered to Chambers suite 5130 fourteen (14) days prior to the evidentiary hearing. The failure to submit exhibits will preclude that party from introducing exhibits at the evidentiary hearing. All exhibits, even if they are attached to declarations, must be included in the exhibit binders with consecutively numbered pagination and marked with consecutive numbers/ letters. The form of evidentiary hearing exhibits must comply with the The Central Guide and Local Rules, including marking each exhibit with the appropriate tags (available on the Court website) and separating each exhibit with tabs. See LBR 9070-1(a). Evidence: EXHIBIT REGISTER; EXHIBIT TAGS: Plaintiff & Defendant | Central District of California | United States Bankruptcy Court. Each exhibit binder may not exceed 1.5 inches in width. In addition, all parties presenting exhibits must prepare an exhibit register in the form of Form B 3024 “EXHIBIT REGISTER AND NOTICE RE DISPOSITION OF EXHIBITS” available on the court’s website, www.cacb.uscourts.gov, under “Court Forms.” Parties are warned that failure to retrieve exhibits will result in their destruction without further notice thirty days after trial. Revised 04/28/2026

=== Judge Clarkson - Judicial Practice Guide ===

Judicial Practice Guide: 20 Common Situations Judge Scott C. Clarkson – June 2025 # 1 Does the Judge’s Staff Communicate by email with Attorneys? The Judge’s Staff may communicate with you by email in the following ways: Notice to Filer -- You may receive an NEF from court staff with “Notice to Filer” instructions that pertain to a document that was filed. Response to Court Appearance Registration Email– You will receive an email from court staff acknowledging that you registered for a court hearing and, if relevant, asking for more information. Response to Request for a Hearing on Less Than Regular Notice: LBR 9075-1(a)(b) -- Follow the instructions provided in LBR 9075-1 and then contact Chambers at (714) 338-5460. Then, make your request as appropriate pursuant to the LBR and the instructions. No email communication will be accepted or responded to by Chambers for this purpose. # 2 Court Hearings --- Appearances, Clients, Decorum Appearance instructions are found on the Phone/Video Appearances tab of Judge Clarkson’s section of the website. The information is also provided in tentative rulings for matters requiring appearance. Your client has the option to appear to listen only. If your client’s presence is required, the court will notify you. # 3 What to Find in a Tentative Ruling Section 3-05 of The Central Guide describes what may be found in a tentative ruling, and where to find the link to tentative rulings for any judge which is also provided here: Hearings: POSTED CALENDARS and TENTATIVE RULINGS: Free Access | Central District of California | United States Bankruptcy Court # 4 Does Judge Clarkson Follow All the Local Bankruptcy Rules? The term, "Local Local Rules" is frequently used to describe when a judge varies from a procedure called for by the Local Bankruptcy Rules, the Local Bankruptcy Rules Forms, and in The Central Guide (former Court Manual) (collectively, the “Central District Procedures”). However, "Judicial Variance" is the accurate term for when a judge varies from Central District Procedures by (1) waiving compliance with a LBR or a requirement to use a LBR form, (2) REPLACING a LBR procedure or REPLACING a LBR form with a different form, or (3) by ADDING requirements or forms to those called for by the LBR and LBR forms. The accurate name for these modifications is "Judicial Variance". Except as set forth herein, Judge Clarkson generally follows all LBRs. # 5 Delivering a Judge’s Copy of a Document that has been filed. Section 3-02 of The Central Guide links to the LBRs pertaining to judge’s copies and guidance on how to assemble and deliver a judge’s copy may be found here: Chambers: DELIVER a JUDGE'S COPY | Central District of California | United States Bankruptcy Court # 6 Schedule a Hearing only on a day allowed Every judge has “Self-Calendaring” instructions on their webpage. Judge Clarkson’s calendar of dates and calendaring instructions with the specific days and times that Judge Clarkson hears particular matters may be found on the website. ONLY use the day and time appropriate to your calendar matter. No exceptions. If you are unsure regarding which day, time and date to select, please contact the courtroom deputy, Nickie Bolte, for assistance: (714) 338-5378. Note that certain matters may not be self-calendared as indicated on Judge Clarkson’s dates and calendaring instructions found on the website. # 7 Does Judge Clarkson Allow Digital Signatures that are Explained in LBR 9011-1? Section 9011-1 of The Central Guide at Signature Requirements; Types of Signatures Allowed; NEW Software-Generated Signatures | Central District of California | United States Bankruptcy Court contains authorization, features and explanations of the court’s policy regarding software-generated signatures of clients and opposing counsel when a document is to be filed electronically via CM/ECF. Judge Clarkson follows the signature procedure stated within Section 9011-1 of The Central Guide. # 8 It is very rare to grant an “Ex Parte” Motion. Sometimes parties use the term “ex parte” when they believe the court should enter an order quickly or hold a hearing right away. “Ex Parte” means “without notice.” It is very rare to obtain a court order without notice. Nearly all motions require some form of notice. See section 2-05 of The Central Guide at: Hearings: LBR 9013-1(d): REGULAR NOTICE (7, 14, 21, 30 or 42 days of notice) | Central District of California | United States Bankruptcy Court (1) Some motions may be determined without a hearing, See. LBR 9013-1(p)-(q) and Section 2-09 of The Central Guide found at: Hearings: LBR 9013-1(p)-(q): NO HEARING UNLESS JUDGE REQUIRES | Central District of California | United States Bankruptcy Court. (2) Some motions can be heard on more than 48 hours – but less than regular notice – if the standard for shortened notice is met. See section 2-06 of The Central Guide. Hearings: LBR 9075-1(b): SHORTENED NOTICE (Fewer Than 21 Days) | Central District of California | United States Bankruptcy Court (3) Other motions can be heard within 48 hours if the standard for an emergency hearing is met. See section 2-07 of The Central Guide. Hearings: LBR 9075-1(a): EMERGENCIES (48 Hours of Notice) | Central District of California | United States Bankruptcy Court # 9 What to put in your stipulation or motion to continue a hearing? Contacting chambers is not an effective method to obtain a continuance. When all parties agree to continue a hearing, Judge Clarkson follows LBR 9013-1(m)(2) and LBR 9071-1(a)(2), which requires that the parties file a stipulation to continue the hearing: (1) The parties must state clearly the proposed new date or range of dates for a new hearing, and the reason for the proposed date. (2) The stipulation must contain good cause for not using the original hearing date: “We are discussing settlement” is not necessarily good cause, as the parties must show real progress towards settlement if that is the reason given. (3) The parties must lodge a proposed order. When a party files a motion to continue, Judge Clarkson follows LBR 9013-1(m)(1), which requires that: (1) The motion must be filed with a notice of motion under LBR 9013-1(p). (2) A motion must include a declaration under penalty of perjury; and (3) The motion must comply with the same standard for a stipulation to continue the hearing. Submitting Exhibits as Evidence to a Motion or in a Trial # 10 In bankruptcy court, evidence is typically provided by written declaration instead of by oral testimony. Exhibits require authentication to be admissible. Testimony in a written declaration, made by a person who has personal knowledge and authority, is required to authenticate the contents of each exhibit. Section 9014(d)-(e) of The Central Guide describes how to submit exhibits as evidence to support a motion, an opposition, or a reply, as required by LBR 9013-1(c). CONTESTED MATTERS: Evidence | Central District of California | United States Bankruptcy Court When exhibits are to be used along with live testimony in an adversary proceeding trial or in a contested matter, parties should follow the instructions on Judge Clarkson’s webpage. # 11 What to Put in An Order Granting a Motion Section 1-15 of The Central Guide provides guidance for lodging an order. See Orders: Judgments: Electronic LODGING: Attorneys: LOU | Central District of California | United States Bankruptcy Court Additional guidance: (1) Link the order to the proper motion, stipulation, or other request for relief (2) In the caption, indicate the document being ruled on, such as “order granting/denying motion.” (3) Keep wording readable – long sentences with many conjunctions are difficult to follow. # 12 Procedures for Settlements, Including Dismissal of a Dispute Sometimes a dispute gets settled and the moving party decides not to continue pursuing relief. In such case, the movant can file a notice of voluntary dismissal unless a stipulation is needed. See section 9013-1(k) of The Central Guide found at: Motions: Voluntary DISMISSAL or Stipulation to Dismiss | Central District of California | United States Bankruptcy Court FRBP 9019(a) provides that a trustee may settle a matter by filing a separate motion to approve a compromise. See LBR 9019-1, made effective on 10-21-2024, and Section 9019-1 of The Central Guide found at: Settlement; Compromise of Controversy; Motion Required; Notice on Related Adversary Proceeding | Central District of California | United States Bankruptcy Court LBR 9019-1 clarifies that: 1. The proceeding to settle or compromise a dispute qualifies as a contested matter. 2. The motion to compromise must be filed on the docket of the main case, even if the compromise will settle part or all of an adversary proceeding. 3. The notice of motion and the motion to compromise must indicate whether the 4. compromise settles all claims against all parties, or whether any parties or claims remain in the dispute. If the compromise is within an adversary proceeding, a notice must also be filed in the adversary proceeding to indicate that a motion to compromise has been filed on the main case docket. # 13 Procedures in Adversary Proceedings Judge Clarkson follows the procedures applicable to adversary proceedings found in the Local Rules, Bankruptcy Rules, and Federal Rules. # 14 Procedures in Chapter 11 Cases - First Day Motions Judge Clarkson follows the procedures found in LBRs 2081-1 and 9075-1 applicable to First Day Motions. # 15 Reserved # 16 What if My Opponent Won’t Cooperate in Legal Discovery? Judge Clarkson requires parties to comply with requirements of LBR 7026-1(c) when a discovery dispute arises. See section 7026-1(c) of The Central Guide for more explanation. DISCOVERY: Resolve Disputes about Discovery Process | Central District of California | United States Bankruptcy Court # 17 # 18 # 19 Reserved Reserved Reserved # 20 Court Mediation Program vs. Judicial Settlement Conferences The bankruptcy court mediation program was created in coordination with local bar associations to help parties involved in a in a bankruptcy case or adversary proceeding to resolve their disputes for free or at low cost. The mediation program is available to parties who voluntarily agree to participation in mediation or who are ordered to participate in mediation by a Judge within the Central District of California. The applicable procedures and forms may be found in section 1-14 of The Central Guide: MEDIATION Program: Alternate Dispute Resolution | Central District of California | United States Bankruptcy Court

=== Judge Clarkson's Procedures for Trial By Declaration ===

JUDGE CLARKSON’S PROCEDURES FOR TRIAL BY DECLARATION Note: These “Trial By Declaration Procedures” will only apply if specifically ordered by the Court, otherwise, the Court’s regular procedures for trial, posted on the Judge’s website, will apply. If these instructions are not followed explicitly, monetary or non-monetary sanctions may be imposed, including striking an answer or dismissing a complaint. Trial Briefs: Unless otherwise ordered by the Court, trial briefs are required. Trial briefs must be filed fourteen (14) calendar days prior to trial. Judge copies of the trial briefs should be delivered to Chambers 5130 on the same date and should comply with the local rules and the Court Manual, including, specifically, LBR 5005-2(d), as well as section 3-02 of The Central Guide: Chambers: DELIVER a JUDGE'S COPY | Central District of California | United States Bankruptcy Court. The parties are encouraged to include a brief statement of the pertinent facts in their briefs, with citation to exhibits. Testimony: All direct testimony shall be by declaration unless: 1) the witness is adverse or refuses to give testimony by declaration; or 2) the testimony is offered to impeach or rebut. The parties may request permission to offer oral testimony supplementing matters covered in the declarations or present portions of the testimony in the declaration orally, and the Court may grant such a request in the interest of justice. Witnesses whose declarations are offered shall be present for cross-examination when the declarations are offered into evidence (unless the parties agree otherwise). Plaintiff(s) shall file and serve its/their declarations on counsel for the defendant(s) thirty (30) days before the trial date. Defendant(s) shall serve its/their declarations on counsel for the plaintiff(s) twenty-one (21) days before the trial date. Evidentiary objections to any declaration must be served and filed at least seven (7) calendar days before the trial date. Unless the parties stipulate in the pre-trial order to the admission of an exhibit, foundation for admission of exhibits (other than for impeachment or rebuttal purposes) shall be established in the declarations, although the Court may allow oral testimony for this purpose. Exhibits referenced in any declaration shall be offered into evidence when the declaration is offered into evidence. Exhibits: The Court requires four copies and one original of exhibit binders to be delivered to Chambers suite 5130 fourteen (14) days prior to the trial. The failure to Last updated 04/02/2026 submit exhibits will preclude that party from introducing exhibits at trial. All exhibits, even if they are attached to declarations, must be included in the exhibit binders with consecutively numbered pagination and marked with consecutive numbers/letters. For example, if a party has ten exhibits and wishes to introduce two exhibits through the declaration of Witness 1, three through the declaration of Witness 2, and the remainder of the exhibits in rebuttal as trial proceeds, all ten exhibits should be included in the exhibit binders, with Witness 1’s exhibits marked A-B, Witness 2’s exhibits marked C-E, and the remaining exhibits marked F-J. The form of trial exhibits must comply with the Court Manual and Local Rules, including marking each exhibit with the appropriate tags (available on the Court website) and separating each exhibit with tabs. See LBR 9070- 1(a). Evidence: EXHIBIT REGISTER; EXHIBIT TAGS: Plaintiff & Defendant | Central District of California | United States Bankruptcy Court Each exhibit binder may not exceed 1.5 inches in width. In addition, all parties presenting exhibits must prepare an exhibit register in the form of Form B 3024 “EXHIBIT REGISTER AND NOTICE RE DISPOSITION OF EXHIBITS” available on the court’s website, www.cacb.uscourts.gov, under “Court Forms.” Parties are warned that failure to retrieve exhibits will result in their destruction without further notice thirty days after trial. Continuance/Postponement of Trial: As a general rule, scheduled trials will not be continued prior to or at trial, except for compelling reasons and in the interest of justice. Motions/stipulations for continuance of the trial must be submitted in writing at in accordance with the local rules concerning continuances. Convenience of the parties or counsel alone ordinarily is not a sufficient reason for continuance. The parties will be contacted by the Judge’s Law Clerk as to whether the continuance has been granted or denied. Settlement: In the event that the adversary matter is settled prior to trial, the parties shall immediately contact and advise the Judge’s law clerk at (714) 338-5460. Witnesses: Unless otherwise ordered, all witnesses must be physically present at the beginning of trial, or else their declarations may be stricken and they may not be allowed to provide testimony. Last updated 04/02/2026

=== Judge Clarkson’s General Local Rule for Compensation Process for Patient Care Ombudsman Professionals ===

Judge Scott C. Clarkson’s General Local Rule for Compensation Process for Patient Care Ombudsman (“PCO”) Professionals The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 implemented certain amendments to the Bankruptcy Code that govern the operation of health care businesses while in bankruptcy. One significant modification is the creation of a Patient Care Ombudsman (“PCO”). The PCO is an independent professional appointed by the United States Trustee, who is charged with the duty to monitor the quality of patient care provided by debtor health care businesses. To be clear, the PCO is not a professional of the Debtor in Possession, the Debtor, or a Chapter 7 or 11 Trustee. The PCO is an independent professional of the Estate. The PCO Appointment and Compensation Process When a health care business files for bankruptcy, the appointment of an ombudsman to monitor the quality of patient care and represent the interests of the patients is required unless the Bankruptcy Court finds that an ombudsman “is not necessary for the protection of patients under the specific facts of the case.” Bankruptcy Code §333(a)(1).1 A health care business is broadly defined in the Bankruptcy Code to mean any entity that provides medical, psychiatric, or long-term care services. Compensation for PCOs is guided by the mandates of Bankruptcy Code § 330. Compensation is fixed by the Court following notice and hearing as provided in § 330 and Rule 2016 of the Federal Rules of Bankruptcy Procedure. Compensation is the sole prerogative of the Court. The Court notes that the United States Trustee’s notices of appointments do not set forth any terms of compensation. That compensation is strictly determined by the Court. There are several requirements the PCO must follow once appointed. For instance, the PCO must formally report findings regarding the quality of patient care to the Bankruptcy Court every 60 days, and if the PCO finds that the quality of patient care is “declining significantly,” the PCO must immediately report such a decline in writing. Patient information is not immediately available to the PCO upon appointment; the PCO must petition the Bankruptcy Court for authority to review patient records. In granting such authority, the judge is required to impose restrictions on the PCO to ensure patient confidentiality. As such, the PCO is eligible to seek authority to employ an attorney under Bankruptcy Code §§ 327 and 330. Such an application is submitted in the same manner as that which is submitted to the Court by a Debtor in Possession or duly appointed and serving trustee. 1 Bankruptcy Code §333(a)(1) provides as follows: If the debtor in a case under chapter 7, 9, or 11 is a health care business, the court shall order, not later than 30 days after the commencement of the case, the appointment of an ombudsman to monitor the quality of patient care and to represent the interests of the patients of the health care business unless the court finds that the appointment of such ombudsman is not necessary for the protection of patients under the specific facts of the case. Standard Procedures for Monthly Payments to PCOs It is the Court’s determination that each PCO should have the opportunity to be compensated for fees and costs from the Estate on a monthly basis, unless otherwise ordered by the Court. Therefore, it shall be the default position of this Court that each appointed PCO may follow the regular monthly fee notice protocols (with opportunity for objection and hearing. See, Professional Fee Statement, Form USTR16- 6.0) used for professionals seeking monthly draw-down of retainers pursuant to the Office of the United States Trustee’s Guidelines and Requirements for Chapter 11 Debtors in Possession (For All Cases Filed in the Central District-CA). The PCO may utilize the same form, USTR16-6.0, which may be obtained at https://www.justice.gov/ust-regions-r16/file/ustla_6_fee_statement.pdf/download and simply note “N/A” in response to any question which is not applicable, or may prepare a similar form containing all pertinent information consistent with this notice, at the PCO’s election. If a party objects to the monthly payment, a noticed hearing on the objection, obtained by the PCO, shall be conducted to determine a variance, if any, of the payment or protocol. IT IS SO ORDERED. Rev. 7/25/23

=== Service of Claims Objections ===

Service of Claim Objections There is disagreement in the Ninth Circuit as to whether service of a claim objection upon claimant’s address as listed in its proof of claim is sufficient service where the address listed in the proof of claim does not, itself, comply with Federal Rule of Bankruptcy Procedure (“Rule”) 7004. See In re 701 Mariposa Project, LLC, 514 B.R. 10, 16 (B.A.P. 9th Cir. 2014) (“In the past, the Panel has offered conflicting views regarding whether Rule 3007(a)'s mailing/delivery requirements are in addition to or in lieu of Rule 7004's service requirements.” (citing United States v. Levoy (In re Levoy), 182 B.R. 827, 834 (9th Cir. BAP 1995); Jorgenson v. State Line Hotel, Inc. (In re State Line Hotel, Inc.), 323 B.R. 703, 711–12 (9th Cir. BAP 2005), vacated as moot, 242 Fed.Appx. 460, 462 (9th Cir. 2007 . This Court believes, and requires, that if the address listed in the proof of claim form does not comply strictly with Rule 7004, then the claim objection must be served to both (1) the address listed on the proof of claim; and (2) the address required for service under Rule 7004. Any claim objection that fails to comply with these services requirements may be denied or continued to effectuate proper service, as stated herein.

=== Serving Judge Scott C. Clarkson The Judge's Copy ===

SERVING THE JUDGE’S COPY When serving the Judge’s Copy, please comply with all Local Bankruptcy Rules and instructions/requirements set forth in the Court Manual. Please remember that the copy you send is the actual copy that the Judge reviews and works from. The failure to send a Judge’s Copy may result in your matter being denied or continued. Judge Clarkson’s chambers are located at: U.S. Bankruptcy Court, Ronald Reagan Federal Building 411 West Fourth Street Suite 5130 Santa Ana, CA 92701-4593 Pursuant to Local Bankruptcy Rule 5005-2(d), a paper copy of a document filed or lodged with the court, either electronically or non-electronically, must be marked “Judge’s Copy” and served on the judge in chambers, in the manner and not later than the deadline set forth in section 3-02 of The Central Guide, in the TCG Supplement, paragraph 4.0. Chambers: DELIVER a JUDGE'S COPY | Central District of California | United States Bankruptcy Court. Pursuant to section 3-02 of The Central Guide, Judge’s Copies of documents filed electronically or non-electronically may also be left in: Bin beside 5th Floor Elevators U.S. Bankruptcy Court, Ronald Reagan Federal Building 411 West Fourth Street Santa Ana, CA 92701-4593 The Judge’s Copy must be TABBED. See LBR 5005-5-2(d)(1) If the document is filed or lodged electronically a Judge’s Copy must be accompanied by a copy of the NEF or LOU receipt confirming the filing or lodging of the original document. See LBR 5005-5(d)(2). Please attach a copy of the NEF or LOU receipt to the BACK of the Judge’s Copy. A list of documents that DO NOT need to be served on the Judge can be found in section 3-02 of The Central Guide. Revised 4/02/2026 1

=== Telephonic Appearance Procedures ===

NOTICE RE VIDEO AND TELEPHONIC APPEARANCE PROCEDURES FOR JUDGE SCOTT C. CLARKSON’S CASES Notwithstanding the opening of the Courthouse to in-person proceedings, in light of the overwhelming support by the Bar for continued virtual appearances, Judge Clarkson will continue utilizing ZoomGov in a hybrid format holding hearings by video, with an option for in- person hearings for evidentiary hearings, trials and other matters specially set with Chambers’ prior approval. Parties are directed to review Judge Clarkson’s self-calendaring instructions for calendaring hearings, either by ZoomGov or in-person. IMPORTANT NOTICE REGARDING PROHIBITIONS OF PUBLIC VIDEO AND AUDIO ACCESSIBILITY OF COURT MATTERS The Administrative Office of the United States Courts has now mandated that the Public may not observe by video any court proceedings unless they are actual parties or counsels with matters before the Court in which they have an official interest. However, as an accommodation to the Public, many court proceedings will still be accessible by audio. The audio accommodation is limited to (1) non-trials and (2) non-live witness hearings. To be clear, during hearings where no live testimony is being received by the Court, the Court may permit accessibility by audio, but not video, to the Public. No trials may ever be accessible by audio to the Public. The Court is the final control regarding audio accessibility and may choose to terminate audio accessibility at any time, regardless of the type of hearing. These audio services are accessible through ZoomGov, and the Public may utilize the telephone number login, but not the video login, presented by the Court on its publicly posted hearing calendar, which may be viewed online at: http://ecf- ciao.cacb.uscourts.gov/CiaoPosted/default.aspx, and then selecting “Judge Clarkson” from the tab on the left-hand side of the page. The Public may always personally attend open court for any proceedings before the Court. Our courtrooms are located in (Santa Ana) Courtroom 5C, United States Federal Building and Courthouse, 411 West Fourth Street, Santa Ana, California and (Riverside) Courtroom 126, United States Federal Courthouse, 3420 Twelfth Street, Riverside, California. On virtual hearing days, the Santa Ana and Riverside courtrooms will remain open during proceedings for personal public and media attendance, so that the Courtroom observers will have access to ZoomGov participants. The Court will have video monitors on and viewable within the Courtroom for viewing. The parties, including counsels, their clients, and pro se individuals, may virtually join the hearing via ZoomGov. No testimony, however, will be permitted by ZoomGov unless specifically authorized by the Court either prior to, or during, the hearing. For any matter set for an in-person hearing in which any responding or interested party does not want to appear in-person, with Chambers’ prior approval, virtual appearances may be permitted utilizing ZoomGov, unless otherwise ordered by the Court. That party must contact Chambers at least seventy-two (72) hours prior to the hearing to arrange the virtual appearance. Revised 09/18/23 ZoomGov: Video and audio connection information for each hearing will be provided on Judge Clarkson's publicly posted hearing calendar, which may be viewed online at: http://ecf- ciao.cacb.uscourts.gov/CiaoPosted/default.aspx, and then selecting “Judge Clarkson” from the tab on the left-hand side of the page. As noted above, hearing participants may view and/or listen to hearings before Judge Clarkson using ZoomGov free of charge. Individuals may appear by ZoomGov video and audio using a personal computer (equipped with camera, microphone and speaker), or a handheld mobile device (such as an iPhone). Individuals may participate by ZoomGov audio only using a telephone (standard telephone charges may apply). Neither a Zoom nor a ZoomGov account are necessary to participate, and no pre-registration is required. The audio portion of each hearing will be recorded electronically by the Court and constitute its official record. Members of the general public, however, may only view the hearings from the Courtroom, which will remain open, or by audio access, as noted above. Important: All persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, "screenshot," or otherwise. Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions. The Clerk of the Court maintains an audio recording of all proceedings, which recording constitutes the official record of those proceedings. Tips for a Successful ZoomGov Court Experience 1. Test the video and audio capabilities of your computer or mobile device in advance of the hearing (i.e., at least one day in advance). a. You can do this by clicking on the ZoomGov meeting link posting for the hearing and/or check your video and audio using the ZoomGov app. 2. If you intend to speak at the hearing, please find a quiet place from which to participate. 3. If you are connecting to the hearing using a wireless device, you should situate yourself in a location with a strong wireless signal. 4. Unless and until it is your turn to speak, please mute your audio to minimize background noise. a. If connected to ZoomGov audio by telephone, you can mute or unmute your connection by pressing *6 on your phone. 5. When you first speak—and each time you speak after someone else has spoken—please say your name. This may seem awkward but is essential to making a good court record. The only part of the hearing being recorded is the audio. If a transcript is requested, it is sometimes difficult for the transcriber to know who is speaking. Revised 09/18/23 6. If you are participating by video, try to avoid having a window or bright background behind you. (You may, as a result, appear on video as a shadow.) If you cannot avoid the bright background, try using a desk lamp or other light source to brighten your face. 7. If you are participating by video using a personal computer, you may separately connect to the audio feed by telephone (for improved audio) using the call-in information provided for the hearing. a. If you do this, please connect to the video feed first. In the ZoomGov app, you will be assigned a Participant Code. Use this code to associate your video and audio feeds. 8. If available, a headset-microphone often provides better sound quality for listening and speaking. 9. Participants should at all times remember that although conducted remotely, these hearings are official court proceedings, and individuals should act accordingly. a. If video is enabled, please wear attire consistent with the decorum of court proceedings. b. ZoomGov permits the use of virtual backgrounds to safeguard your privacy. If you choose to use a virtual background, please avoid backgrounds that are offensive or distracting. 10. ZoomGov video participants are permitted to specify a display name. If using video, please specify your complete name to assist the Court in creating a record of the proceedings. 11. Please refer to the Zoom Video Hearing Guide, accessible from the Court’s main page, for further information. Revised 09/18/23

=== Appointed January 20, 2011 by the United States Court of Appeals for the Ninth Circuit ===

N E W S R E L E A S E January 20, 2011 Contact: David Madden, (415) 355-8800 Court of Appeals Appoints New Bankruptcy Judges for Central District of California SAN FRANCISCO — Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit has announced the appointments of three new judges for the U.S. Bankruptcy Court for the Central District of California. Attorneys Scott C. Clarkson and Mark S. Wallace were appointed to fill temporary judgeships approved by the Judicial Council of the Ninth Circuit in 2009. They were sworn into office today and will have chambers in Santa Ana. Attorney Wayne E. Johnson was appointed to fill a judgeship left vacant by the retirement of Bankruptcy Judge Samuel Bufford in August 2010. He will receive the oath of office soon and will have chambers in Riverside. “We have been fortunate to find such knowledgeable and experienced bankruptcy attorneys to serve as judges of one of our busiest bankruptcy courts. We welcome them to the bench,” Judge Kozinski said of the appointees. Mr. Clarkson, 56, was the managing attorney of Clarkson, Gore & Marsella, APLC, in Torrance, California, and has been a practicing attorney for over 20 years. He was a direct observer of and participant in the creation of the 1978 Bankruptcy Code in the U.S. House of Representatives. Since 1989, he has practiced at all levels of bankruptcy law including working with individuals, and public and private corporations. Mr. Clarkson has worked as a litigator, who was significantly involved in both the prosecution and defense of preference and fraudulent avoidance actions, and recovery actions. Mr. Clarkson is a longtime member of the Los Angeles County Bar Association. He served on its Bankruptcy Committee, as chair from 2004 to 2006, and its Commercial Law and Bankruptcy Section, as chair from 2008 to 2009. Mr. Clarkson was also a member of the Bar Advisory Board Committee of the U.S. Bankruptcy Court for the Central District of California. A native of Houston, Texas, Mr. Clarkson received his B.A. from Indiana University in 1979 and his J.D. from George Mason University, School of Law, in 1982. – more – Mr. Johnson, 43, has been a sole practitioner in Redlands, California, since February 2003. Prior to that, he was a bankruptcy attorney in the Commerce and Finance Group of Brobeck, Phleger & Harrison, LLP, in Los Angeles from 1996 to 2003. Mr. Johnson was an adjunct professor of law at Trinity Law School in Santa Ana, California, from 1999 to 2001. He worked as a bankruptcy attorney at Lewis, D’Amato, Brisbois & Bisgaard, LLP, in Los Angeles from 1994 to 1996. Mr. Johnson has published numerous articles on bankruptcy matters and is an active participant in bar association activities and programs including the Bar Advisory Board for the U.S. Bankruptcy Court for the Central District of California, the Inland Empire Bankruptcy Forum, and the American Bankruptcy Institute. A native of Pasadena, California, Mr. Johnson received his B.A. in 1989 from Cornell University, where he graduated magna cum laude. He received his J.D. from the University of Pennsylvania Law School in 1992. Mr. Wallace, 57, has been of counsel at the law firm of Stutman, Treister & Glatt, P.C., since 1991. He has worked on medium to large-size corporate and partnership Chapter 11 reorganizations. From 1979 to 1991, Mr. Wallace was a shareholder at the Phoenix law firm of Osborn, Maledon, P.A., where he practiced tax and corporate law, and was the firm’s principal tax lawyer. Mr. Wallace is a member of the Board of Directors of the Los Angeles Bankruptcy Forum and has served as its liaison to the Pro Bono Bankruptcy Subcommittee since 2006. He also served as a director on the Board of Directors of Public Counsel from 2006 to 2009 and as chair from 2005 to 2007 of the Bankruptcy and Workouts Committee, an organization in which he was a founding member. A native of Paterson, New Jersey, Mr. Wallace received his B.A. in 1974 from Princeton University, where he graduated summa cum laude. He received his J.D. in 1977 from Columbia University, School of Law, where he was the notes and comments editor of the Columbia Law Review. The U.S. Bankruptcy Court for the Central District of California serves seven Southern California counties. The court is authorized 24 judgeships, three of which are temporary. It received 138,585 bankruptcy filings in fiscal year 2010, up 42.2 percent from the previous year. Judges of the U.S. Court of Appeals for the Ninth Circuit have statutory responsibility for selecting and appointing bankruptcy judges in the nine western states that comprise the Ninth Circuit. The court uses a comprehensive merit selection process for the initial appointment and for reappointments. Bankruptcy judges serve a 14-year, renewable term, at a salary of $160,080, and handle all bankruptcy-related matters under the Bankruptcy Code. # # #