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Photo of Orange Co

Court

Orange Co

California

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Case Information

Filed 2025-03-21
Type Fraud
Docket 83 entries
Disposition dismiss

Parties

Plaintiff Viva Wealth Fund I, Llc
Defendant Bill Tuorto|Empire Diversified Energy, Inc.|James Ballengee|Matt Nicosia|Tyler Nelson|Vivakor, Inc.|Vivaventures Remediation Corp.
Photo of Hon. Recio, Sheila

Judge

Hon. Recio, Sheila

Orange County (CA)

California

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Docket Entries

  1. E-FILING TRANSACTION 11453580 RECEIVED ON 03/21/2025 07:52:31 PM.
  2. MINUTES FINALIZED FOR MOTION FOR LEAVE TO INTERVENE 03/20/2026 09:30:00 AM.
  3. E-FILING TRANSACTION NUMBER 11589435 REJECTED.
  4. REPLY TO OPPOSITION FILED BY FORTALEZA, ALICIA; SILVA, ARIANNE; MENDOZA, ARTHUR; SAMSON, AURELIA; ESTIMO, BASILIA; MANANSALA, BELLA; VASALLO, BRIAN; SORIA, CARLITO; MEHR, CELEDONIA; VALLEJO, CHONA;OTHERS ON 03/12/2026
  5. E-FILING TRANSACTION 41991084 RECEIVED ON 03/12/2026 01:56:03 PM.
  6. PROOF OF SERVICE FILED BY VIVAKOR, INC.; VIVAVENTURES REMEDIATION CORP. ON 03/10/2026
  7. E-FILING TRANSACTION 41989171 RECEIVED ON 03/10/2026 11:35:21 AM.
  8. OPPOSITION FILED BY VIVAKOR, INC.; VIVAVENTURES REMEDIATION CORP. ON 03/09/2026
  9. E-FILING TRANSACTION 41988719 RECEIVED ON 03/09/2026 04:22:15 PM.
  10. E-FILING TRANSACTION NUMBER 41884354 REJECTED.
  11. MINUTES FINALIZED FOR MOTION TO DISMISS 12/12/2025 09:30:00 AM.
  12. THE STATUS CONFERENCE IS SCHEDULED FOR 06/15/2026 AT 09:00 AM IN DEPARTMENT W08.
  13. PROOF OF ESERVICE FILED BY AQUINO, MARISOL ON 12/09/2025
  14. E-FILING TRANSACTION 31762089 RECEIVED ON 12/09/2025 12:10:32 PM.
  15. MOTION FOR LEAVE TO INTERVENE SCHEDULED FOR 03/20/2026 AT 09:30:00 AM IN W08 AT WEST JUSTICE CENTER.
  16. PAYMENT RECEIVED BY ONELEGAL FOR 36 - MOTION OR OTHER (NOT 1ST) PAPER REQUIRING A HEARING IN THE AMOUNT OF 60.00, TRANSACTION NUMBER 13731802 AND RECEIPT NUMBER 13560062.
  17. COMPLAINT IN INTERVENTION RECEIVED ON 12/09/2025.
  18. MOTION FOR LEAVE TO INTERVENE FILED BY AQUINO, MARISOL; BERNACER, SANTA FE; CASTANEDA, RENITA; CASTANEDA, RENATO; CATOLICO, HENADENE; CLARK, MICHAEL; DE GUZMAN, SANTITO CRUZ; CRUZ, RHODORA DE LA; DELUNA, ELEANOR; ESTIMO, BASILIA;OTHERS ON 12/09/2025
  19. E-FILING TRANSACTION 21762103 RECEIVED ON 12/09/2025 12:10:33 PM.
  20. MEMORANDUM OF POINTS AND AUTHORITIES FILED BY AQUINO, MARISOL ON 12/09/2025
  21. E-FILING TRANSACTION 21762104 RECEIVED ON 12/09/2025 12:11:13 PM.
  22. PROPOSED ORDER RECEIVED ON 12/09/2025
  23. E-FILING TRANSACTION NUMBER 11589433 REJECTED.
  24. E-FILING TRANSACTION NUMBER 11589432 REJECTED.
  25. E-FILING TRANSACTION NUMBER 11589434 REJECTED.
  26. PROPOSED ORDER RECEIVED ON 12/07/2025
  27. REPLY TO MOTION FILED BY BALLENGEE, JAMES ON 12/05/2025
  28. E-FILING TRANSACTION 31760973 RECEIVED ON 12/05/2025 05:03:58 PM.
  29. DECLARATION IN SUPPORT FILED BY VIVA WEALTH FUND I, LLC ON 11/25/2025
  30. DECLARATION IN SUPPORT FILED BY VIVA WEALTH FUND I, LLC ON 11/25/2025
  31. E-FILING TRANSACTION 11584754 RECEIVED ON 11/25/2025 04:27:25 PM.
  32. OPPOSITION FILED BY VIVA WEALTH FUND I, LLC ON 11/25/2025
  33. E-FILING TRANSACTION 41935566 RECEIVED ON 11/25/2025 04:27:28 PM.
  34. PROOF OF SERVICE FILED BY VIVA WEALTH FUND I, LLC ON 11/25/2025
  35. E-FILING TRANSACTION 11584755 RECEIVED ON 11/25/2025 04:27:28 PM.
  36. PROOF OF SERVICE FILED BY VIVA WEALTH FUND I, LLC ON 09/03/2025
  37. E-FILING TRANSACTION 31710301 RECEIVED ON 09/03/2025 03:51:26 PM.
  38. CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE
  39. MINUTES FINALIZED FOR CHAMBERS WORK 09/02/2025 10:30:00 AM.
  40. CASE MANAGEMENT CONFERENCE CONTINUED TO 02/23/2026 AT 10:00 AM IN THIS DEPARTMENT PURSUANT TO PARTY'S MOTION.
  41. CASE MANAGEMENT STATEMENT FILED BY VIVA WEALTH FUND I, LLC ON 08/29/2025
  42. E-FILING TRANSACTION 11538654 RECEIVED ON 08/29/2025 10:05:45 AM.
  43. MOTION TO DISMISS SCHEDULED FOR 12/12/2025 AT 09:30:00 AM IN W08 AT WEST JUSTICE CENTER.
  44. PAYMENT RECEIVED BY ONELEGAL FOR 195 - ANSWER OR OTHER 1ST PAPER, 195 - ANSWER OR OTHER 1ST PAPER IN THE AMOUNT OF 870.00, TRANSACTION NUMBER 13675976 AND RECEIPT NUMBER 13504236.
  45. MOTION TO DISMISS FILED BY BALLENGEE, JAMES; VIVAKOR, INC.; VIVAVENTURES REMEDIATION CORP. ON 08/22/2025
  46. E-FILING TRANSACTION 41884353 RECEIVED ON 08/22/2025 01:52:13 PM.
  47. DECLARATION IN SUPPORT FILED BY BALLENGEE, JAMES; VIVAKOR, INC.; VIVAVENTURES REMEDIATION CORP. ON 08/22/2025
  48. E-FILING TRANSACTION 41884352 RECEIVED ON 08/22/2025 01:52:12 PM.
  49. PROOF OF SERVICE FILED BY BALLENGEE, JAMES; VIVAKOR, INC.; VIVAVENTURES REMEDIATION CORP. ON 08/22/2025
  50. E-FILING TRANSACTION 41884351 RECEIVED ON 08/22/2025 01:52:12 PM.
  51. PROPOSED ORDER RECEIVED ON 08/22/2025
  52. NOTICE OF CHANGE OF FIRM NAME FILED BY BALLENGEE, JAMES; VIVAKOR, INC.; VIVAVENTURES REMEDIATION CORP. ON 08/22/2025
  53. E-FILING TRANSACTION 41884343 RECEIVED ON 08/22/2025 01:44:32 PM.
  54. AMENDED COMPLAINT (FIRST) FILED BY VIVA WEALTH FUND I, LLC ON 07/21/2025
  55. E-FILING TRANSACTION 41866039 RECEIVED ON 07/21/2025 11:10:11 AM.
  56. PROOF OF SERVICE FILED BY VIVA WEALTH FUND I, LLC ON 07/21/2025
  57. E-FILING TRANSACTION 21686138 RECEIVED ON 07/21/2025 11:10:14 AM.
  58. PAYMENT RECEIVED BY ONELEGAL FOR 195 - ANSWER OR OTHER 1ST PAPER IN THE AMOUNT OF 435.00, TRANSACTION NUMBER 13640604 AND RECEIPT NUMBER 13468864.
  59. DECLARATION OF DEMURRING OR MOVING PARTY IN SUPPORT OF AUTOMATIC EXTENSION FILED BY BALLENGEE, JAMES; VIVAKOR, INC.; VIVAVENTURES REMEDIATION CORP. ON 06/23/2025
  60. E-FILING TRANSACTION 31672466 RECEIVED ON 06/23/2025 02:58:18 PM.
  61. PROOF OF SERVICE FILED BY VIVA WEALTH FUND I, LLC ON 06/11/2025
  62. E-FILING TRANSACTION 31666619 RECEIVED ON 06/11/2025 01:32:29 PM.
  63. PROOF OF SERVICE FILED BY VIVA WEALTH FUND I, LLC ON 06/11/2025
  64. E-FILING TRANSACTION 11496823 RECEIVED ON 06/11/2025 01:32:27 PM.
  65. CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE
  66. EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDERS FILED BY VIVA WEALTH FUND I, LLC ON 05/19/2025
  67. PAYMENT RECEIVED BY LEGALCONNECT FOR 37 - REQUESTS NOT REQUIRING A HEARING: CONTINUANCE OF HEARING OR CASE MANAGEMENT CONFERENCE; STIPULATION AND ORDER; SERVICE BY POSTING OR PUBLICATION IN THE AMOUNT OF 20.00, TRANSACTION NUMBER 13620238 AND RECEIPT NUMBER 13448438.
  68. EX PARTE APPLICATION FOR EXTENSION OF TIME TO SERVE PLEADING AND ORDERS RECEIVED ON 05/16/2025.
  69. E-FILING TRANSACTION 31653184 RECEIVED ON 05/16/2025 01:15:05 PM.
  70. PROOF OF SERVICE OF SUMMONS FILED BY VIVA WEALTH FUND I, LLC ON 05/13/2025
  71. E-FILING TRANSACTION 21649469 RECEIVED ON 05/13/2025 09:23:45 AM.
  72. PROOF OF SERVICE OF SUMMONS FILED BY VIVA WEALTH FUND I, LLC ON 05/13/2025
  73. E-FILING TRANSACTION 21649468 RECEIVED ON 05/13/2025 09:23:44 AM.
  74. SUBSTITUTION OF ATTORNEY FILED BY VIVA WEALTH FUND I, LLC ON 04/24/2025
  75. E-FILING TRANSACTION 41820065 RECEIVED ON 04/24/2025 11:14:24 AM.
  76. SUMMONS ISSUED AND FILED FILED BY VIVA WEALTH FUND I, LLC ON 04/01/2025
  77. E-FILING TRANSACTION 11458433 RECEIVED ON 04/01/2025 03:24:48 PM.
  78. NOTICE OF HEARING OC
  79. CASE MANAGEMENT CONFERENCE SCHEDULED FOR 09/15/2025 AT 10:00:00 AM IN W08 AT WEST JUSTICE CENTER.
  80. CASE ASSIGNED TO JUDICIAL OFFICER RECIO, SHEILA ON 03/21/2025.
  81. PAYMENT RECEIVED BY ONELEGAL FOR 194 - COMPLAINT OR OTHER 1ST PAPER IN THE AMOUNT OF 435.00, TRANSACTION NUMBER 13587619 AND RECEIPT NUMBER 13415799.
  82. CIVIL CASE COVER SHEET FILED BY VIVA WEALTH FUND I, LLC ON 03/21/2025
  83. COMPLAINT FILED BY VIVA WEALTH FUND I, LLC ON 03/21/2025

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