Nathanson v. Hecker
California Court of Appeal
1Opinion of the Court
Opinion
ALDRICH, J.
Introduction
During pendency of the underlying action for breach of lease brought by Mark Nathanson against his tenants, Marc E. and Eileen Hecker, the latter filed for chapter 11 bankruptcy protection. Nathanson filed a claim with the bankruptcy court for unpaid rent and damage to the premises. Following a contest, the bankruptcy court allowed most of Nathanson’s claim. After the bankruptcy action was dismissed, Nathanson returned to the state court where he moved for summary judgment of his breach of lease cause of action on the ground his claim in the bankruptcy court had…
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