Central District Consumer Bankruptcy Attorney's Association

The attached opinion might be helpful.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Monday, September 28, 2015 3:39 PM, "David S dshevitzulf@yahoo.com [cdcbaa]" wrote:
Dear listmates,
Here is the fact pattern,
Potential Client ("PC") was a named defendant in a state court lawsuit that went by default judgment. The basis of the lawsuit was as follows:
"At or about said time and place, a dangerous condition existed whichcreated a substantial risk of injury and did injure Plaintiff, when the Defendant negligently rented her home to a group ofyoung, uncontrolled students, 'who held a party, and at said party,that included underage drinkers, one of the invited guests of therenters, attacked Plaintiff, causing severe injuries."
In addition to negligence, one of the allegations in the complaint was "Willful Failure to Warn [Civil Code section 846]--The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition".
For purposes of the fact pattern, let's assume PC is one of the homeowners and was a named defendant.
There was ultimately a large judgment against the Defendants, including the PC, that went by default judgment.
Based on the words "willful in the statute" of section 846, I am trying to determine if this judgment would be nondischargeable under 11 USC 523(a)(6) which requires that the plaintiff prove willfull and malicious injury if the PC filed for Chapter 7 or Chapter 13 bankruptcy.
Any help would be greatly appreciated, thanks.
- David
David S. Shevitz, Esq.
Shevitz Law Firm
3435 Wilshire BoulevardSuite 2920Los Angeles, CA 90010
Telephone:(213) 863-0183
Facsimile:(213) 788-4834
Email:david@shevitzlawfirm. com

The post was migrated from Yahoo.

In re Su, 290 F.3d 1140 (9th Cir. 2002) is a great place to start your research.Elements of 523(a)(6) are probably not necessarily litigated in the default judgment you mention. I doubt that collateral estoppel will apply. My off-the-cuff evaluation is that the plaintiffs won't prove malicious and willful injury here, but read the cases and crank the analysis through.- John D. Faucher818/889-8080
On Monday, September 28, 2015 3:39 PM, "David S dshevitzulf@yahoo.com [cdcbaa]" wrote:
Dear listmates,
Here is the fact pattern,
Potential Client ("PC") was a named defendant in a state court lawsuit that went by default judgment. The basis of the lawsuit was as follows:
"At or about said time and place, a dangerous condition existed whichcreated a substantial risk of injury and did injure Plaintiff, when the Defendant negligently rented her home to a group ofyoung, uncontrolled students, 'who held a party, and at said party,that included underage drinkers, one of the invited guests of therenters, attacked Plaintiff, causing severe injuries."
In addition to negligence, one of the allegations in the complaint was "Willful Failure to Warn [Civil Code section 846]--The defendant owners who willfully or maliciously failed to guard or warn against a dangerous condition".
For purposes of the fact pattern, let's assume PC is one of the homeowners and was a named defendant.
There was ultimately a large judgment against the Defendants, including the PC, that went by default judgment.
Based on the words "willful in the statute" of section 846, I am trying to determine if this judgment would be nondischargeable under 11 USC 523(a)(6) which requires that the plaintiff prove willfull and malicious injury if the PC filed for Chapter 7 or Chapter 13 bankruptcy.
Any help would be greatly appreciated, thanks.
- David
David S. Shevitz, Esq.
Shevitz Law Firm
3435 Wilshire BoulevardSuite 2920Los Angeles, CA 90010
Telephone:(213) 863-0183
Facsimile:(213) 788-4834
Email:david@shevitzlawfirm. com

The post was migrated from Yahoo.