Speier

Speier v. Argent Management, LLC (In re Palmdale Hills Property, LLC)

Good Law
577 B.R. 858
United States Bankruptcy Court, Central District of CaliforniaNovember 27, 2017Case No.: 8:08-BK-17206-ES; Adv No: 1:16-ap-01125-GMCalifornia6,260 words

Opinion

Lead Opinion

Mund, J.

SUPPLEMENTAL MEMORANDUM OF DECISION GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT IN PART (Dkt. 311)

Defendants SunCal Management, LLC (“SCM”) and Argent Management, Inc. (“Argent” and, with SCM, the “Defendants”) brought a motion for summary judgment (dkt. 311; the “MSJ”) on the first claim for relief (Breach of Contract) and the second claim for relief (Unjust Enrichment and/or Restitution) by plaintiff Stephen M. Speier (the “Trustee”), as chapter 11 trustee and liquidating trustee for debtor SunCal Oak, LLC (the “Debt- or”), or, in the alternative, for partial summary adjudication. The Trustee filed an opposition to the MSJ (dkt. 316; the “Opposition”) and the Defendants filed a reply to the Opposition (dkt. 329; the “Reply”). On May 30, 2017 the Court held a hearing on the MSJ.

On August 2, 2017, the Court entered an order (dkt. 343; the “Order”) and a memorandum of decision (dkt. 342; the “Memorandum of Decision” or “Memorandum”), which granted the MSJ on the first claim for relief (Breach of Contract) and continued the hearing on the MSJ to give the parties additional time to present evidence on an issue relevant to the second claim for relief (Unjust…

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