In Re Clayton

Norrell Health Care, Inc. v. Clayton (In Re Clayton)

Good Law
94 Daily Journal DAR 10310·1994 WL 288458·168 B.R. 700·1994 Bankr. LEXIS 939
United States Bankruptcy Court, Northern District of CaliforniaJune 26, 199414-51749California5,389 words

Opinion

Opinion

Weissbrodt, J.

DECISION

In this matter, the Plaintiff and Movant herein, Norrell Health Care, Inc. (“Norrell”), seeks to have $150,000 in punitive damages awarded by an arbitrator declared nondis-chargeable under 11 U.S.C. § 523 (a)(6). Norrell is represented by Robert White, Esq. of the firm of White & McMahon. The Defendants, Cynthia Clayton (“Clayton”) and David Wolff (‘Wolff)”, opposing the motion, are represented by Saul Weingarten, Esq. of Saul Weingarten & Associates. To support its motion, Norrell submitted the declaration of William Holley II, as well as an appendix consisting mainly of the transcript of the prior arbitration hearing between the parties and the resulting decision. Clayton and Wolff submitted a declaration by Cynthia Clayton.

The primary questions before the Court include (1) whether an arbitration award, not supported by any specific findings of fact, can be used via collateral estoppel to provide such findings without further submissions of evidence in the context of an 11 U.S.C. § 523 nondischargeability action, and (2) whether the prior proceedings between the parties were sufficient to merit the use of collateral estoppel in the present action.

I. BACKGROUND…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.