Rollins

Rollins v. Elephant Productions, Inc. (In re Rollins)

Good Law
2015 WL 4092863·534 B.R. 173
United States District Court, Southern District of CaliforniaJuly 7, 2015Civil No. 14cv2849-WQH-JMA; Bankruptcy No. 13-11744-LA7California3,110 words

Opinion

Lead Opinion

Hayes, J.

*175 ORDER

The matter before the Court is the appeal of “the judgment granting Summary Judgment to Plaintiff,” entered by the Bankruptcy Court on November 6, 2014. (ECF No. 1).

I. Background

A. Prior Litigation

“In or about 2004, [Appellee Elephant Productions, Inc.] and [Appellant Charles Rollins] entered into a joint venture agreement for production of a golf video produced and paid for by [Elephant Productions, Inc.] with [Appellant] obligated to distribute the video and pay [Elephant Productions, Inc.] a percentage of the revenues.” (Complaint to Determine Dis-chargeability of Debt ¶ 6, ECF No. 11-2 at 14). A dispute arose between the parties over the joint venture agreement. On November 24, 2010, Appellant filed a complaint in San Diego County Superior Court against Appellee, alleging nine claims for relief related to the joint venture. (ECF No. 11-2 at 37). The San Diego Superior Court dismissed the case with prejudice. (Bankruptcy Court’s Findings of Fact and Conclusions of Law (“FFCL”), ECF No. 11-6 at 22).

On September 22, 2011, Appellee filed a separate action in Texas state court against Appellant, alleging breach of contract, breach of fiduciary duty, fraud, and…

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