Harrington

El Dorado County v. Harrington

Good Law
United States Bankruptcy Court, Eastern District of CaliforniaNovember 8, 202420-02017California4,623 words

Opinion

Trial Court Opinion

FOR PUBLICATION UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF CALIFORNIA

3 In re: ) ) LYNN DEE HARRINGTON ) Case No. 19-26964-C-7 ) Debtor. ) ) Adv. Pro. 20-2017-C EL DORADO COUNTY, CALIFORNIA, ) ) Plaintiff, ) v. ) )

LYNN DEE HARRINGTON, )

Defendant. ) 11 MEMORANDUM Before bankruptcy, the debtor stumbled at a threshold jurisdictional requirement of the California Government Claims Act by suing the County of El Dorado without first presenting her claim to the County, suffered a nonsuit on that account, and, having been complicit in use of a fabricated, back-dated proof of service, suffered an award of $192,672.85 in “defense costs” under California Code of Civil Procedure § 1038 for maintaining the action without reasonable cause and in bad faith. This adversary proceeding tests whether the § 1038 “defense costs” award is excepted from discharge as…

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