Samuels

Samuels v. CMW Joint Venture

Good Law
273 F. App'x 691
United States Court of Appeals for the Ninth CircuitApril 16, 2008No. 06-56369California794 words

Opinion

Lead Opinion

MEMORANDUM *

Samuels appeals the bankruptcy court’s determination that his debt to CMW and Nichols is nondischargeable under 11 U.S.C. § 523 (a)(4). He argues that the bankruptcy court improperly applied collateral estoppel because the state court never found him to be a fiduciary under section 523(a)(4), and that even if it did, that determination should have been ignored because it “offends notions of corporate law.” We have jurisdiction under 28 U.S.C. § 158 (d), and we affirm.

CMW and Nichols were partners in a joint venture agreement with Black Stallion, a corporation fully owned by Samuels. CMW and Nichols sued Samuels and other defendants in California state court for failing to provide CMW and Nichols with their share of profits under the agreement. The state court entered judgment against Samuels individually for breach of fiduciary duty, money had and received, and conversion. While the state court did not *693 explain how it determined that Samuels owed a fiduciary duty to CMW in its decision, Judge Murphy clarified her reasoning during the hearing addressing Samuels’ motion to vacate the judgment.

After the judgment was issued, Samuels filed for Chapter 7, and CMW…

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.