In Re Thomas Bruce Miller

I. BACKGROUND

Appellant filed a complaint against Thomas Bruce Miller (“Debtor”) in Orange County Superior Court (“Superior Court Case”), where she sought monetary damages for breach of a lease of the real property located at 3019 Fillmore Way, Costa Mesa, California 92626 (the “Property”). Appellee’s Excerpts

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of Record (“AER”) at 00001–00027, Dkt. No. 14. These monetary damages included unpaid taxes, unpaid rent, and damages to the Property. Id. at 00003.

On May 28, 2021, the Superior Court entered a minute order finding Debtor was liable for breach of the ground lease of the Property (“Phase I Order”). Id. at 00028–00031. On July 19, 2021, the Superior Court entered another order (“Phase II Order”), which determined that Appellant’s damages were $70,650 in unpaid property taxes, $9,855 in unpaid quarterly rent, and pre-trial interest. Id. at 00032– 00038. However, the Superior Court did not include costs of repair of the Property. Id. The Superior Court entered a total judgment in the Superior Court Case in favor of Appellant in the total amount of $85,270.04 (“Judgment”). …