Ehrenberg

California State University v. Ehrenberg

Good Law
252 F. App'x 130
United States Court of Appeals for the Ninth CircuitOctober 19, 2007No. 06-55081California675 words

Opinion

Lead Opinion

MEMORANDUM *

California State University, Fullerton Foundation (the “Foundation”) appeals from the decision of the Bankruptcy Appellate Panel (the “BAP”) reversing the bankruptcy court’s grant of summary judgment in favor of the Foundation and remanding for further proceedings.

We have jurisdiction over this appeal under our “pragmatic approach” to finality in bankruptcy proceedings. See In re Prestige Ltd. P’ship-Concord, 234 F.3d 1108, 1112-13 (9th Cir.2000); In re Coupon Clearing Serv., Inc., 113 F.3d 1091, 1098-99 (9th Cir.1997). Because the bankruptcy court properly granted summary judgment in favor of the Foundation, we reverse the decision of the BAP and remand with instructions to reinstate the bankruptcy court’s order.

I. Agency

The only admissible evidence before the bankruptcy court demonstrates that the Foundation was acting as an agent for the Trustees of California State University, Fullerton (“CSUF”) in the administration of the contract, including the receipt of and administration of the $500,000 at issue in this case. See In re Coupon Clearing Serv., 113 F.3d at 1099 . Summary adjudication in favor of the Foundation on this *132 issue was therefore…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.