Legal Opinion

Bally Total Fitness Corp. v. Contra Costa Retail Center

United States Bankruptcy Court, N.D. California

Decided February 20, 2008No. 19-50178PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

Plaintiff Contra Costa Retail Center, LLC (“Landlord”) moves to remand the above-captioned adversary proceeding against Bally Total Fitness Corporation (“Bally”) to the Superior Court of Contra Costa County, State of California (the “State Court”). For the reasons stated below, the motion will be granted.

BACKGROUND

Bally filed a chapter 11 petition in the United States Bankruptcy Court for the Southern District of New York on July 31, 2007 (the “Bankruptcy Case”). An order confirming Bally’s reorganization plan (the “Plan”) was entered…

2Cases cited4 opinions

  1. Vasey v. California Dance Co.California Court of Appeal · 1977
  2. Williams v. Shell Oil Co.District Court, S.D. California · 1994
  3. Swords to Plowshares v. KempDistrict Court, N.D. California · 2005
  4. Mutual First, Inc. v. O'Charleys of Gulfport, Inc.District Court, S.D. Alabama · 1989

3Cited by4 opinions

  1. MCC Mortgage LP v. Office Depot, Inc.District Court, D. Minnesota · 2010
  2. Enalasys Corporation v. TaylorDistrict Court, S.D. California · 2020
  3. Hawkes v. Automated Recovery Systems Of New Mexico, INC. a NUnited States Bankruptcy Court, D. New Mexico · 2022
  4. In re Sawtelle Partners, LLCDistrict Court, C.D. California · 2019

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