Rosalina Lizardo Harris

Good Law
United States Bankruptcy Court, Central District of CaliforniaJuly 23, 20202:20-bk-12839California4,010 words

Opinion

Trial Court Opinion

I. Facts and Summary of Pleadings

On May 27, 2020, the Court dismissed a voluntary Chapter 11 petition filed by Rosalina Lizardo Harris (“Harris”). The Court found that Harris filed the petition in bad faith, solely to avoid posting a supersedeas bond during Harris’ appeal of a judgment that Holmes holds against Harris. Doc. Nos. 33 (order dismissing petition) and 30 (final ruling dismissing petition). Holmes now moves for the imposition of sanctions against Harris and her counsel pursuant to Bankruptcy Rule 9011 and the Court’s inherent authority under 11 U.S.C. § 105. Harris opposes the Sanctions Motion.

A. Holmes’ Judgment Against Harris On May 3, 2018, Holmes filed a complaint against Harris and other parties in the District Court, asserting claims under 42 U.S.C. § 1983 (the “Complaint”).2 On July 11, 2019, after conducting a jury trial, the District Court entered judgment in favor of Holmes in the amount of $2,265,952.00 (the “Judgment”). Doc. No. 14, Ex. 4. The jury found that Harris, who is a detective employed by the Los Angeles Sheriff’s Department (the “LASD”), violated Holmes’ Fourth Amendment right to be free from unreasonable arrest without probable cause, and…

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