Nathanson

Introduction

During pendency of the underlying action for breach of lease brought by Mark Nathanson against his tenants, Marc E. and Eileen Hecker, the latter filed for chapter 11 bankruptcy protection. Nathanson filed a claim with the bankruptcy court for unpaid rent and damage to the premises. Following a contest, the bankruptcy court allowed most of Nathanson’s claim. After the bankruptcy action was dismissed, Nathanson returned to the state court where he moved for summary judgment of his breach of lease cause of action on the ground his claim in the bankruptcy court had been fully litigated to a final determination of the merits in his favor, with the result that any further proceeding in the superior court was barred by doctrine of res judicata. The superior court granted the motion. The Heckers appealed, contending the order allowing Nathanson’s claim was not final where the bankruptcy proceeding had been dismissed before confirmation of a reorganization plan. We disagree and affirm the judgment.

Factual and Procedural Background

Nathanson leased a residence in Beverly Hills to the Heckers for $11,350 a month. Eventually Nathanson filed an unlawful detainer…