Park

Stewart Title Guaranty Company, a Texas corporatio v. Park

Good Law
United States Bankruptcy Court, Central District of CaliforniaDecember 29, 20212:20-ap-01194California3,097 words

Opinion

Trial Court Opinion

I. Background

On May 13, 2020 (the “Petition Date”), Park filed a voluntary Chapter 7 petition. On August 20, 2020, Stewart Title filed a dischargeability action against Park, asserting claims under § 523(a)(2), (a)(4), and (a)(6) (the “Complaint”). After conducting mediation, the parties reached a settlement, but litigation continued when Park failed to timely make the lump sum payment required by the settlement.2 On July 1, 2021, the Court authorized Park’s counsel, Jaenam Coe, to withdraw from representation.3 Prior to the Petition Date, on February 26, 2013, a default judgment in the amount of $278,052.60, on causes of action for fraud, constructive fraud, and indemnity, was entered against Park and in favor of Stewart Title’s predecessor-in-interest in the State Court (the “State Court Judgment,” and the action giving rise to the State Court Judgment, the “State Court Action”). Stewart Title moves for summary judgment, arguing that Park is precluded from contesting the non-dischargeability of the State Court Judgment. In the alternative, Stewart Title argues that if issue preclusion does not apply, the undisputed facts establish that it is entitled to summary judgment in its…

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