Satten

Satten v. Webb

Good Law
121 Cal. Rptr. 2d 234·2002 Cal. App. LEXIS 4278·2002 Daily Journal DAR 6725·99 Cal. App. 4th 365·2002 Cal. Daily Op. Serv. 5288
Court of Appeal of CaliforniaJune 14, 2002D037375California8,705 words

Opinion

Opinion

Huffman, J.

Plaintiff Dorothy Satten (Satten) appeals the order of dismissal entered against her after a demurrer to her complaint for malicious prosecution damages, brought by defendants and respondents Patrick D. Webb and his law firm, Webb & Carey, APC (collectively Webb), was sustained without leave to amend. The trial court ruled that it lacked jurisdiction to proceed with the malicious prosecution allegations, because they were based upon an underlying action that was within the exclusive jurisdiction of the bankruptcy court, in that it concerned the administration of the bankruptcy estate. The underlying action by James Keenan and Judy Keenan, clients of Webb, was originally commenced in state court on fraud theories, but was removed to bankruptcy court due to the allegations made about the participation of the bankruptcy trustee, as well as Satten, in the alleged fraud. ( 28 U.S.C. § 1452 .) The Keenans’ tort theories were that the bankruptcy trustee, along with Satten, acted fraudulently and interfered with prospective economic advantage in reaching a settlement during the administration of the Keenan bankruptcy estate. The bankruptcy court ruled against the Keenans on their…

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.