Schoenmann

I. Introduction

25 On November 3, 2022, the court held a hearing on Plaintiffs 26 Stuart Gordon Schoenmann (individually and as executor of the 27 estate of Donn R. Schoenmann), Celeste Lytle, Beth Schoenmann, 28 -l1-

and Colette Sims’ (“Plaintiffs”) Motion for Partial Summary Judgment (“MSJ”) (Dkt. 25). Though the MSJ is styled as a motion for partial summary judgment, it seeks summary judgment as to all claims of nondischargeability asserted against Defendant E. Lynn Schoenmann (Defendant) under 11 U.S.C. §§ 523(a)(2)(A), (a)(4), and (a)(6). The MSJ is based mainly on the application of issue preclusion to the findings within the Marin County Superior Court’s Tentative Decision (“Tentative Decision”) which nullified a post marital agreement (“PMA”) between Defendant and her late husband, Donn. The court denied summary judgment as to 11 U.S.C. § 523(a)(6), because no part of the MSJ established that Defendant’s actions were either willful or malicious, and took remainder of the MSJ under submission. For the reasons stated below, the court will DENY summary judgment as to the rest of…