Beste

Beste v. Lewin

Good Law
2012 WL 5877483·488 B.R. 663
United States District Court, Northern District of CaliforniaNovember 20, 2012Nos. C-12-1625 EMC, C-12-1626 EMCCalifornia5,369 words

Opinion

Lead Opinion

Chen, J.

ORDER (1) AFFIRMING BANKRUPTCY COURT’S ORDER DISMISSING COMPLAINT AND AMENDED COMPLAINT AND DENYING MOTION FOR FURTHER FINDINGS; AND (2) DENYING MOTION TO SET ASIDE SONOMA COUNTY SUPERIOR COURT’S VEXATIOUS LITIGANT ORDER

I. INTRODUCTION

Appellant, Paul Den Beste, brought causes of action against Appellee, Donald Lewin, John DeMeo and Bradford DeMeo in Bankruptcy Court alleging violations of 11 U.S.C. § 362 (a), the automatic stay, and 42 U.S.C. § 1983 . 1 Pending before the *666 Court is Appellant’s appeal from the Bankruptcy Court decision dismissing his Complaint and Amended Complaint, and denying the Motion for Further Findings of Facts and Conclusions of Law. Appellant seeks to reverse both the Bankruptcy Court’s orders and set aside a 2007 Sono-ma County Superior Court decision labeling him a vexatious litigant.

II. FACTUAL & PROCEDURAL BACKGROUND

Three years before Appellant Beste filed for bankruptcy, he was sued by Appellee DeMeo over attorney’s fees. Demeo v. Beste, No. MCV-178973 (March 27, 2007). During that case, and upon DeMeo’s request, in April of 2007, Judge Cox of the Sonoma County Superior Court entered an order declaring Beste a vexatious litigant, finding…

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