Legal Opinion

Golden State TD Investments, LLC v. Andrews Kurth LLP (In re California TD Investments, LLC)

United States Bankruptcy Court, C.D. California

Decided March 6, 2013No. Bankruptcy No. 1:07-bk-13003-GM; Adversary No. 1:09-ap-01405-GMPublishedCited by 3 opinions

1Opinion of the Court

REDACTED MEMORANDUM OF OPINION REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [DOCKET NUMBER 62]

GERALDINE MUND, Bankruptcy Judge.

Defendants Andrews Kurth LLP, Michael D. Jewesson & Jon L. Dalberg (“Defendants”) bring this motion for summary judgment (“MSJ”) on grounds of in pari delicto.

Background

Although the parties have a filed a significant amount of paper disputing what are “uncontroverted facts”, most of the essential factual background for this motion is not in dispute:

Quality Home Loans, Inc. (“QHL”) was formed in 2001 by John and Kitty Gaiser (the “Gaisers”), who each owned 50% of…

2Cases cited21 opinions

  1. New Hampshire v. MaineSupreme Court of the United States · 2001
  2. O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
  3. Official Committee of Unsecured Creditors v. R.F. Lafferty & Co., Inc. Cogen Sklar, L.L.PCourt of Appeals for the Third Circuit · 2001
  4. Harriet Rissetto v. Plumbers and Steamfitters Local 343, a Business Entity, Form Unknown, Michael Beavers and Does 1-25, InclusiveCourt of Appeals for the Ninth Circuit · 1996
  5. Federal Deposit Insurance Corporation, As Receiver v. O'melveny & MeyersCourt of Appeals for the Ninth Circuit · 1992

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3Cited by3 opinions

  1. Uecker v. Wells Fargo Capital Finance, LLCDistrict Court, N.D. California · 2015
  2. LOVATO v. NIXON PEABODY LLPUnited States Bankruptcy Court, D. Nevada · 2022
  3. Uecker v. ZentilCalifornia Court of Appeal · 2016

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