Cobalis Corp. v. YA Global Investments, L.P.

ORDER AFFIRMING BANKRUPTCY COURT’S RULINGS RE: DISMISSAL OF APPELLANT’S FIRST AMENDED COMPLAINT

This case is before the Court on appeal by Appellant Cobalis Corporation from Orders of the United States Bankruptcy Court for the Central District of California. Cobalis has appealed the following Orders of the Bankruptcy Court: (1) Order Granting Weneta M.A. Kosmala’s Motion for Order Dismissing First Amended Complaint for Recovery of Usurious Interest Paid, Abuse of Process, and Rescission, dated August 26, 2013 (AP Doc. 130); 1 (2) Order Granting YA Global Investments, L.P.’s Motion for Order Dismissing First Amended Complaint for Recovery of Usurious Interest Paid, Abuse of Process, and Rescission, dated September 16, 2013 (AP Doc. 141); and (3) Order Denying Cobalis’ Motion for Reconsideration of Orders Granting Motions of Kosmala and YA Global to Dismiss First Amended Complaint, dated December 5, 2013, (AP Doc. 190) (collectively, the “Dismissal Orders.”) Cobalis 2 filed an opening brief (Doc. 11) to which Appellees YA Global Investments, L.P. and Weneta M.A. Kosmala, the Chapter 7 trustee (“Trustee”), responded. (Docs. 12 and 13.) Cobalis filed a reply brief. (Doc. 18.) Having…