Ed Stolz Moves To Terminate Receivership Of Three Stations, But Receiver And Plaintiffs Don't Approve

Try, Try Again

Having avoided being jailed for contempt of court, ED STOLZ has filed a motion to terminate the court-ordered receivership of Top 40 KREV-F (92.7 REV THE REVOLUTION)/ALAMEDA-SAN FRANCISCO, Top 40 KRCK/MECCA-PALM SPRINGS, CA, and Top 40 KFRH (104.3 NOW FM)/NORTH LAS VEGAS, NV for nonpayment of music royalties and return the stations to his ownership. STOLZ was ordered to jail for contempt after failing to turn the stations over to court-appointed receiver LARRY PATRICK pursuant to a JUNE 6th order, but handed over the keys to stay out of jail. His motion claims that he is "prepared to satisfy the full $1,311, 371.67 Judgment" in cash and that paying the amount (which includes interest) is enough to warrant discharging the receivership despite PATRICK's opposition. PATRICK has already received approval from Judge JESUS BERNAL to sell the stations to an unnamed buyer.

In his opposition reply, PATRICK calls for the motion to be denied as "nothing more than a rehash of his prior request to stay the receivership" and notes that the proposed payment does not cover all creditors. PATRICK also asserts that STOLZ is seeking an impermissible "advisory opinion" by "dangl(ing) the possibility" of paying without actually doing so, and should pay first, then seek an order. In addition, PATRICK charges that STOLZ has lied to the court about complying with the contempt order and has committed perjury by not including the bank account in which the proposed payment funds are located when ordered in the contempt citation to disclose the last three months of statements for every one of his bank accounts. "Enough is enough," PATRICK's filing concludes. "It is clear from (STOLZ') conduct throughout this litigation and his willingness to lie to the Court and the orher parties including the Receiver that STOLZ is not interested in any good faith effort to conclude this matter, to pay the judgment, or to comply with any of the Court's orders."

The plaintiffs in the case also opposed STOLZ' motion, agreeing with PATRICK that the proposed payment leaves significant damages and fees to creditors unpaid and STOLZ should be ordered to deposit the proposed payment with the Court. And BELLAIRE TOWER HOMEOWNERS ASSOCIATION also opposed STOLZ for not including its almost $300,000 judgment in his payment proposal.

Plaintiffs in the case included WB MUSIC CORP., BUT FATHER, I JUST WANT TO SING MUSIC, HUNTERBORO MUSIC, UNIVERSAL POLYGRAM INTERNATIONAL PUBLISHING, INC., SONY/ATV TUNES LLC, OBVERSE CREATION MUSIC, NICE HAIR PUBLISHING, PARTY ROCK MUSIC, YEAH BABY MUSIC, ESKAYWHY PUBLISHING, UH OH ENTERTAINMENT, DIVINE MILL MUSIC, FINGAZ GOAL MUSIC, EMI APRIL MUSIC INC., HI MOM I DID IT, CHEBRA MUSIC, and UNIVERSAL MUSIC CORP.

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