Treetop Development, LLC v. City of Los Angeles

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

No. 24-2740 IN RE: TREETOP DEVELOPMENT, D.C. No. LLC, DEBTOR 2:24-cv-1965-FWS

TREETOP DEVELOPMENT, LLC, MEMORANDUM*

Plaintiff - Appellee,

v.

CITY OF LOS ANGELES,

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Sheri Bluebond, Bankruptcy Judge, Presiding

Argued and Submitted September 9, 2024 Pasadena, California

Before: IKUTA, FRIEDLAND, and LEE, Circuit Judges.

The City of Los Angeles appeals the bankruptcy court’s partial grant of

summary adjudication, after we granted the City’s petition for a direct appeal to

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. this court under 28 U.S.C. § 158(d)(2)(A). We review de novo, In re Caneva, 550

F.3d 755, 760 (9th Cir. 2008), and we reverse.

Under California law, “if a property owner has performed substantial work

and incurred…