Joudeh v. Truppa (In re Truppa)

555 B.R. 701, 2016 Bankr. LEXIS 2967
CourtUnited States Bankruptcy Court, C.D. California
DecidedAugust 12, 2016
DocketCase No.: 1:15-bk-11029-MT; Adv No: 1:15-ap-01103-MT
StatusPublished

This text of 555 B.R. 701 (Joudeh v. Truppa (In re Truppa)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joudeh v. Truppa (In re Truppa), 555 B.R. 701, 2016 Bankr. LEXIS 2967 (Cal. 2016).

Opinion

MEMORANDUM OF DECISION GRANTING MOTION FOR SUMMARY JUDGMENT

Maureen A. Tighe, United States Bankruptcy Judge

On or about June 2013, and continuing through August 8, 2013, Plaintiff Tifanie Joudeh (“Plaintiff”) alleges that she and Debtor-Defendant Ronald Truppa (“Debt- or” or “Defendant”) began discussions about- becoming partners in a newly formed event that was to be called the Catalina Film and TV Summit (“CFVTS”). Second Amended Complaint (the “SAC”). 3:2-5. CFVTS was to host two days of panels related to educating registrants and attendees about film finance, agency and talent representation, producing, distribution and other related topics, as well as “pitch sessions” for registrants to pitch industry executives their own projects. Id. at 3:5-9. CFVTS’s dates were to immediately precede the Santa Catalina Film [705]*705Festival (“SCFF”), in which Debtor was also involved. Id. at 3:10.

Plaintiff alleges that Debtor represented to her that, in exchange for her (1) using her “proprietary contacts” in the film and TV industry (the “Industry”) to persuade Industry executives to attend CFVTS; (2) coordinating schedules and transportation of each executive to Catalina Island; (3) preparing panel schedules, topics, and panelists; (4) preparing job descriptions for Summit staff and volunteers; (5) advertising CFVTS to her “proprietary email database of approximately 16,000 people”; and (6) using her time and plan, as Director of CFVTS, for the 2014 and all other future CFVTS. In exchange for all of the services listed above, Plaintiff was to have received (A) 20% ownership of the company that owned CFVTS; (B) 15% of all net profits of CFVTS; (C) co-management of CFVTS; (D) term of five years plus a two-year tail; (E) the title and position of CFVTS Director; and (F) a pereent-age/commission of any sponsorship funds raised for CFVTS until CFVTS was able to afford providing Plaintiff with a salary. Id. at 3:11-23. In these discussions, Plaintiff alleges that Debtor assured her that SCFF could not bé a partner or owner in CFVTS because it was a not for profit organization. Id. at 3:24-25.

Plaintiff alleges that, in reliance on Debtor’s representations, she and Debtor entered in to an oral agreement under the terms described above (the “Agreement”). Id. at 3:26-27. Plaintiff alleges that she performed her duties under the Agreement and the first CFVTS was held on or about September 18 and 19, 2013. Id. at 4:12. Plaintiff also continued to work on a plan for CFVTS for 2014, as was allegedly contemplated by the Agreement. Id. at 4:13-14.

Plaintiff alleges that, despite her full performance under the Agreement, Plaintiff refused to provide her with (A) 20% ownership of the company that owned CFVTS; (B) 15% of all net profits of CFVTS; (C) co-management of CFVTS; (D) term of five years plus a two-year tail; (E) the title and position of Summit Director; and (F) a percentage/commission of any sponsorship funds raised for CFVTS. Id. at 4:16-20. Instead, Plaintiff alleges that Debtor moved ahead with the 2014 Summit, intentionally excluding Plaintiff from the entire process. Id. at 4:21-24. Plaintiff alleges that it was planned and intended for SCFF to be a part owner of CFVTS, and that Debtor never intended to perform under the terms of the Agreement, and only made such promises to induce Plaintiff to enter into and perform under the Agreement. Id. at 4:24-27.

On March 26, 2015, Debtor filed a voluntary chapter 7 petition. .In his initial schedules, Debtor did not list Plaintiff as a creditor and did not list any income derived from his work at SCFF- or CFVTS. Id. at 5:3-5. Debtor failed to list any interest in CFVTS at all. Id. On April 29, 2015, just over a month after the petition date and after the initial § 341(a) meeting of creditors, Debtor filed amendments to his schedules listing Plaintiff as a creditor. Id. at 5:5-7. Plaintiff alleges that Debtor intentionally waited until after the § 341(a) meeting so that she would not have notice of the meeting and have a shorter time period to object to his discharge. Id.

On June 26, 2015, Plaintiff filed an adversary complaint to determine discharge-ability under §§ 523(a)(2)(A) and (a)(6), and to object to Debtor’s discharge under § 727(a)(4)(A) (the “Complaint”). Additionally, Plaintiff asserted causes of action against both Debtor and SCFF for fraud, intentional misrepresentation, promissory fraud, and quantum meruit (the “non-bankruptcy causes of action”). On March [706]*7061, 2016, after SCFF successfully moved to dismiss the amended complaint under Fed. R.Civ.P. 12(b)(1) 1 Plaintiff filed the SAC, alleging causes of action under §§ 523(a)(2)(A); 523(a)(6); and 727(a)(4)(A). On March 25, 2016, Debtor filed his answer to the SAC. Debtor now moves for summary judgment (the “MSJ”).

Standard

A. Standard for Summary Judgment

Summary judgment should be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. FRCP 56(c) (incorporated by FRBP 7056).

The moving party has the burden of establishing the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the moving party shows the absence of a genuine issue of material fact, the nonmoving party must go beyond the pleadings and identify facts that show a genuine issue for trial. Id. at 324, 106 S.Ct. 2548. The court must view the evidence in the light most favorable to the nonmoving party. Bell v. Cameron Meadows Land Co., 669 F.2d 1278, 1284 (9th Cir.1982). All reasonable doubt as to the existence of a genuine issue of fact should be resolved against the moving party. Hector v. Wiens, 533 F.2d 429, 432 (9th Cir.1976), The inference drawn from the underlying facts must be viewed in the light most favorable to the party opposing the motion. Valandingham v. Bojorquez, 866 F.2d 1135, 1137 (9th Cir.1989). Where different ultimate inferences may be drawn, summary judgment is inappropriate. Sankovich v. Insurance Co. of N. Am., 638 F.2d 136, 140 (9th Cir.1981).

If the moving party satisfies the burden, the party opposing the motion must set forth specific facts showing that there remains a genuine issue for trial. Fed R. Civ. P. 56(e). It may not rely on “mere allegations or denials of the adverse party’s pleadings.” Fed.R.Civ.P.

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Anderson v. Liberty Lobby, Inc.
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Kawaauhau v. Geiger
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Bell v. Cameron Meadows Land Co.
669 F.2d 1278 (Ninth Circuit, 1982)
Valandingham v. Bojorquez
866 F.2d 1135 (Ninth Circuit, 1989)
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Cite This Page — Counsel Stack

Bluebook (online)
555 B.R. 701, 2016 Bankr. LEXIS 2967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joudeh-v-truppa-in-re-truppa-cacb-2016.