Sturgeon-Garcia
Sturgeon-Garcia v. Cagno
Opinion
Lead Opinion
Rogers, J.
Order Affirming Bankruptcy Court
Re: Dkt. No,
Appellant David Sturgeon-Garcia appeals a bankruptcy court decision finding that (1) a stipulated state court judgment entered against Debtor-Appellee, Joseph Cagno, was not a debt for money obtained by “false pretenses, a false representation, or actual fraud” under section 523(a)(2)(A), 1 even though it encompassed a count for fraudulent inducement and (2) discovery sanctions orders entered against Cagno in the state court were not the result of “willful and malicious” conduct under section 523(a)(6). Having carefully considered the papers submitted and the record in this ease, the Court Affirms the judgment of the bankruptcy court.
I. Factual and Procedural Background
A. The Stipulated Judgment
This case centers on Appellant’s efforts to collect on a stipulated judgment in the amount of $297,897.50 entered by the Superior Court of Santa Clara County in February 2011 in favor of Stanley R. Car-nekie against Debtor-Appellee Joseph Cagno. (Dkt. No. 11-2.) In that case, Appellant represented Carnekie who subsequently assigned the judgment to Appellant in May 2013. (Dkt. No. 11-6.) In the state proceedings, the entirety of the…