Koopen
Koopen v. Aberle (In re Aberle)
Opinion
Lead Opinion
Laffertyiii, J.
MEMORANDUM REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
The defendant in this adversary proceeding, Rickey Lee Aberle (“Defendant”), filed a Motion for Summary Judgment on July 2, 2014. The plaintiff, Jeffrey Koopen (“Plaintiff’), filed an Opposition on July 22, and a hearing was held on August 6, 2014. At the conclusion of the hearing, the court *313 requested the parties submit supplemental briefs. The supplemental briefs were filed on September 8, and September 29, 2014, and the court took the matter under submission. For the reasons discussed below, Defendant’s Motion for Summary Judgment is denied.
Factual Background & Procedural History
On September 23, 2005, Plaintiff was a passenger in a boat that was piloted by Defendant. An accident occurred, and Plaintiff suffered serious personal injury. On April 20, 2006, Plaintiff filed a complaint in Alameda County Superior Court against Defendant stating a negligence cause of action. 1 On July 22, 2009, five days before the scheduled trial in the state court case, Defendant filed chapter 7 bankruptcy in the Northern District of California, Oakland Division. In re Rickey Lee Aberle, Bankr.No. 09-46563 (Bankr. N.D.Cal. July…