Ford

Ford v. Deitz CA5

Good Law
Court of Appeal of CaliforniaJune 28, 2024F086236California3,457 words

Opinion

Opinion

Smith, J.

facts of the dispute underlying the bankruptcy court judgment obtained by the Fords against Deitz. As explained in the BAP’s opinion, when the Fords met Deitz, the latter was “a sometime general building contractor in the Fresno area.” (Deitz v. Ford, supra, 760 F.3d at p. 1040.) Wayne Ford was a disabled U.S. Army veteran and Patricia Ford was a registered nurse. (Ibid.) The Fords entered into a contract with Deitz, pursuant to which Deitz was to build them a “handicap-assisted home.” (Ibid.) Although Deitz represented on the contract that he was a licensed contractor, his license was suspended at the time. (Ibid.) The Fords paid Deitz a total of $511,800.00 to build the home. Deitz admitted he failed to complete the construction. Deitz also did not provide the Fords with an accounting. Deitz filed a chapter 7 bankruptcy petition on June 20, 2008. The Fords commenced an adversary proceeding against Deitz on September 9, 2008. The trial in the adversary proceeding took place on April 4, 5, and 11, 2011. On July 28, 2011, the bankruptcy court entered the money judgment that is at issue in this case. The money judgment was in favor of the Fords and against Deitz in the amount of…

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