Na

Na v. Bang

Good Law
United States Bankruptcy Court, Central District of CaliforniaDecember 29, 20222:21-ap-01098California3,904 words

Opinion

Trial Court Opinion

I. Introduction

Before the Court is the Motion for Default Judgment Under LBR 7055-1 [Adv. Doc. No. 44] (the “Motion”) filed by Hyun Woo Na (“Plaintiff”). For the reasons set forth below, the Court finds that Plaintiff is entitled to the entry of default judgment against Sehee Bang (“Defendant”). However, Plaintiff has failed to carry his burden with respect to his request for damages in the amount of $1,524,198.72. Having reviewed the Motion and the evidence submitted in support thereof, the Court finds that Plaintiff is entitled to damages of only $192,500. The Court will enter judgment finding that Defendant is indebted to Plaintiff in the amount of $192,500, and that such indebtedness is excepted from Defendant’s discharge pursuant to § 523(a)(2)(A) and § 523(a)(4) (on the ground of embezzlement). Because Plaintiff has failed to establish that he is entitled to judgment on his § 523(a)(2)(B) claim, his § 523(a)(4) larceny claim, his § 523(a)(4) fraud or defalcation claim, and his claims under § 727(a)(2), (3), and (4), the Court will dismiss these claims on its own motion. See Omar v. Sea-Land Service, Inc., 813 F.2d 986, 991 (9th Cir. 1987) (authorizing the dismissal of…

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