Prestige Ltd. Partnership-Concord v. East Bay Car Wash Partners

Creditor East Bay Car Wash Partners (“East Bay”) timely appeals the district court’s order affirming the bankruptcy court’s order granting partial summary judgment in favor of debtor Prestige Limited Partnership-Concord (“Prestige”) in Prestige’s adversary proceeding against East Bay. East Bay’s primary contention here is that its attachment of Jerry Brassfield’s un-pledged assets in a separate state court action on the underlying obligation for breach of guaranty was not an “action” within the purview of Cal.Civ.Proc.Code § 726(a).1 The bankruptcy court held East Bay violated California’s…