Restaino v. Bah (In Re Bah)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
Defendants moved for dismissal of an adversary proceeding under Federal Rule of Bankruptcy Procedure 7012 (incorporating Federal Rule of Civil Procedure 12(b)(6)) (“FRCP 12(b)(6)”) 1 arguing that the plaintiffs claims were barred by California’s statutory litigation privilege and by the doctrine of collateral estoppel (issue preclusion) and res judicata (claim preclusion). In the same motion, the defendants also moved the bankruptcy court to strike the claims against them under California Code of Civil Procedure section 425.16, 2 California’s statute against…
2Cases cited9 opinions
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- MSR Exploration, Ltd. v. Meridian Oil, Inc.Court of Appeals for the Ninth Circuit · 1996
- Lam v. NgoCalifornia Court of Appeal · 2001
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