IN RE PEMSTEIN, 2:12-BK-15900RK (2013)
Court: United States Bankruptcy Court, C.D. California
Number: inbco20131011544
Visitors: 1
Filed: Oct. 11, 2013
Latest Update: Oct. 11, 2013
Summary: ORDER DENYING PLAINTIFF'S MOTION TO PROPERLY APPLY COURT'S STATEMENT OF DECISION GRANTING DEFENDANT'S FEES AND COSTS ROBERT KWAN, Bankruptcy Judge. Plaintiff's Motion to Properly Apply the Court's Statement of Decision Granting Defendant's Fees and Costs came on regularly for hearing on October 8, 2013, at 2:30 p.m. in courtroom 1675 of the above entitled court. Martin Pemstein, moving party, appeared in person. Christopher L. Blank, attorney for Defendant, Harold Pemstein appeared by phone.
Summary: ORDER DENYING PLAINTIFF'S MOTION TO PROPERLY APPLY COURT'S STATEMENT OF DECISION GRANTING DEFENDANT'S FEES AND COSTS ROBERT KWAN, Bankruptcy Judge. Plaintiff's Motion to Properly Apply the Court's Statement of Decision Granting Defendant's Fees and Costs came on regularly for hearing on October 8, 2013, at 2:30 p.m. in courtroom 1675 of the above entitled court. Martin Pemstein, moving party, appeared in person. Christopher L. Blank, attorney for Defendant, Harold Pemstein appeared by phone. ..
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ORDER DENYING PLAINTIFF'S MOTION TO PROPERLY APPLY COURT'S STATEMENT OF DECISION GRANTING DEFENDANT'S FEES AND COSTS
ROBERT KWAN, Bankruptcy Judge.
Plaintiff's Motion to Properly Apply the Court's Statement of Decision Granting Defendant's Fees and Costs came on regularly for hearing on October 8, 2013, at 2:30 p.m. in courtroom 1675 of the above entitled court. Martin Pemstein, moving party, appeared in person. Christopher L. Blank, attorney for Defendant, Harold Pemstein appeared by phone.
The court heard oral argument and the matter was deemed submitted.
The court adopted its tentative ruling which reads as follows:1
"The court deems plaintiff's motion to be one pursuant to FRBP 9023 and FRCP 59 to amend or alter judgment, which should be denied on the merits. The court may amend or alter a final order or judgment if it committed clear error or its initial decision was manifestly unjust. United National Insurance Co. v. Spectrum Worldwide, Inc., 555 F.3d 772, 780 (9th Cir. 2009). The court in awarding fees to defendant pursuant to Section 1717 of California Civil Code properly determined defendant was the prevailing party as to the lawsuit as a whole. Wood v. Santa Monica Escrow Co., 176 Cal.App.4th 802, 804 (2009). The court's reasons for granting the award of fees were set forth in a written decision, which the court does not now find to have been made in clear error or to be manifestly unjust."
NOW THEREFORE, IT IS HEREBY ORDERED THAT Plaintiff's Motion is DENIED.
IT IS SO ORDERED.
FootNotes
1. "FRBP" refers to the Federal Rules of Bankruptcy Procedure. "FRCP" refers to the Federal Rules of Civil Procedure.
Source: Leagle
