United Healthcare Workers-West v. Kristal (In re Kristal)

MEMORANDUM OF DECISION

Introduction

This memorandum responds to a Motion to Dismiss the above-captioned ad *406 versary proceeding brought against Defendant Gabriel Solomon Hennes Kristal (Kristal), a Debtor in chapter 7, by his previous employer, United Healthcare Workers-West (UHW). Although both parties have sought judicial notice to bring evidence to the attention of the court, they have stipulated to resolving the matter pursuant to the standards applicable to a motion to dismiss, rather than standards applicable to a motion for summary judgment. Accordingly, the court construes all well-pleaded factual allegations in UHW’s complaint in the light most favorable to UHW, and accepts them as true. See Ta Chong Bank Ltd. v. Hitachi High Techs. Am., Inc., 610 F.3d 1063, 1066 (9th Cir.2010). Conclusory allegations of law and unwarranted inferences are given no deference, and are insufficient to defeat a motion to dismiss. Epstein v. Washington Energy Co., 83 F.3d 1136, 1140 (9th Cir.1996).

In addition to considering the facts contained in the pleadings, the court will also take judicial notice of the prior court records and proceedings in Service Employees International Union,…