Specialty Restaurants Corp. v. Specialty Restaurant Corp.

MEMORANDUM *

Appellants Mike Mooney & Assoc, and Mike Mooney (collectively “Mooney”) appeal from the bankruptcy court’s decision sustaining Debtor/Appellee Specialty Restaurants Corp.’s (“Specialty”) objections to proofs of claim submitted by Mooney based on two contracts involving land owned by Specialty in Foster City, California. The bankruptcy court’s decision was affirmed by the Bankruptcy Appellate Panel. We have jurisdiction under 28 U.S.C. § 158 (d). We affirm the bankruptcy court and deny Specialty’s motion for sanctions.

The parties are familiar with the facts of the case. Stated briefly, Mooney claims over $2 million in damages based on two contracts. He claims that Specialty breached a covenant of good faith and fair dealing contained in a listing contract between Mooney and Specialty that expired in 1991. He also claims that Specialty intentionally interfered with a listing contract for the lease of the Foster City property between Mooney and Bridge Landing Assoc., L.P. (“BLA”), a limited partnership between Specialty, as limited partner, and Praxis Development Corp., as general partner. Specialty was not a party to the second contract. Mooney’s claims are based on…