Legal Opinion
Randy Sugarman, Chapter 11 Tr. for Yellow Cab Coop., Inc. v. Taylor (In re Yellow Cab Coop., Inc.)
United States Bankruptcy Court, N.D. California
Decided April 29, 2019No. Bankruptcy Case No. 16-30063-DM; Adv. Proc. No. 18-03075PublishedCited by 4 opinions
1Opinion of the Court
DENNIS MONTALI, U.S. Bankruptcy Judge
On March 8, 2019, this court held a hearing on the motion of defendant Douglas A. Taylor ("Taylor"), the former accountant for debtor Yellow Cab Cooperative, Inc. ("Debtor" or "YCC"), for dismissal of this action filed by Randy Sugarman, the chapter 11 trustee of YCC ("Trustee"). The court took the matter under submission. For the reasons set forth below, the court finds that the doctrine of in pari delicto (also known as "unclean hands") bars the Trustee's action. Accordingly, the court will dismiss the adversary proceeding, with leave to amend.
I. The…
2Cases cited8 opinions
- Casey v. U.S. Bank National Ass'nCalifornia Court of Appeal · 2005
- Peregrine Funding, Inc. v. Sheppard Mullin Richter & Hampton LLPCalifornia Court of Appeal · 2005
- Sender v. Buchanan (In Re Hedged-Investments Associates, Inc.)Court of Appeals for the Tenth Circuit · 1996
- 95 Cal. Daily Op. Serv. 5839, 95 Daily Journal D.A.R. 9981 Federal Deposit Insurance Corporation, as Receiver American Diversified Savings Bank Adc Financial Corp. American Diversified Wells Park III v. O'Melveny & MyersCourt of Appeals for the Ninth Circuit · 1995
- Uecker v. Wells Fargo Capital Finance, LLCDistrict Court, N.D. California · 2015
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