Blue

Blue v. Garnier

Good Law
United States Bankruptcy Court, Central District of CaliforniaJanuary 15, 20212:19-ap-01233California3,771 words

Opinion

Trial Court Opinion

I. Introduction1

On November 2, 2018, Plaintiff Rolando Blue (“Blue”) obtained a small claims judgment against Defendant Kevin Garnier (“Garnier”) in the amount of $10,155.00 (the “Judgment”). The Judgment arose from Blue’s allegations that Garnier “did not complete construction job at my

1 This disposition is not appropriate for publication. residence that they were contracted to do” and that Garnier “abandoned assignment.”2 Blue alleges that the Judgment is non-dischargeable pursuant to § 523(a)(2)(A) and (a)(6).3 As a result of the COVID-19 pandemic, trial was conducted by videoconference on September 29, 2020.4 Blue filed a closing brief on November 13, 2020,5 and Garnier filed a closing brief on November 16, 2020.6 This Memorandum of Decision constitutes the Court’s findings of fact and conclusions of law pursuant to Civil Rule 52, made applicable to these proceedings by Bankruptcy Rule 7052.7 For the reasons set forth below, the Court finds that Blue is not entitled to a judgment of non- dischargeability against Garnier under § 523(a)(2)(A) or (a)(6). The Court will enter judgment in favor of Garnier.

II. Findings of Fact

A. The Contract to Renovate the Property In March…

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