Martinez v. Barretto

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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Memorandum
UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	Case No. 10-46894 EDJ
Chapter 7
ALFONSO CARPIO BARRETTO, Debtor./
MARTHA MARTINEZ, 	Adv. Proc. No. 10-04273 AJ
Plaintiff,
vs.
ALFONSO CARPIO BARRETTO,
Defendant./
MEMORANDUM
Martha Martinez, the above-named plaintiff (“Martinez”) sought
a determination by this court that a $733,212.60 judgment issued in
her favor by the Superior Court of California, County of Santa
Clara, on April 27, 2009 (the “Superior Court Judgment”) is
nondischargeable in the bankruptcy case of Alfonso Barretto, the
above-named debtor (the “Debtor”). 	In response to her complaint,
and following the Debtor’s default herein, the court issued its non-
Signed: April 05, 2011

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
April 05, 2011
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 10-04273 Doc# 26 Filed: 04/05/11 Entered: 04/05/11 12:18:11 Page 1 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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2	Memorandum
dischargeable $34,000 judgment (the “Bankruptcy Judgment”) in favor
of Martinez. 	The Bankruptcy Judgment is supported by a Memorandum,
dated March 8, 2011, (the “Memorandum”) wherein the court notes that
it is not able to ascertain from the face of the Superior Court
Judgment what portion is attributable to nondischargable causes of
action against the Debtor. 	The court based the Bankruptcy Judgment
on the offer of proof made by Martinez at a February 28, 2011
hearing.
On March 30, 2011, Martinez submitted a request by which she
seeks to amend the court’s Memorandum in order to support amendment
of the Bankruptcy Judgment in an increased amount. 	Her request is
accompanied by a declaration that appears to have been made by
Martinez and filed in support of the Superior Court Judgment, a copy
of the final page of the Superior Court Judgment, and what appears
to be a portion of Martinez’s state court counsel’s fee statement.
The court has reviewed Martinez’s request and supporting documents
and will characterize them as a motion to amend the findings of fact
and conclusions of law contained in the Memorandum. 	Unfortunately
for Martinez, neither the request nor the supporting documents are
responsive to the concerns raised by the court in the Memorandum.
For the foregoing reasons, the court will issue its order
denying Martinez’s motion to amend the Memorandum and Judgment.
END OF MEMORANDUM
Case: 10-04273 Doc# 26 Filed: 04/05/11 Entered: 04/05/11 12:18:11 Page 2 of 3

UNITED
STATES
BANKRUPTCY
COURT
NORTHERN DISTRICT OF CALIFORNIA
1300 Clay Street (2d fl.)
Oakland, CA. 94612
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3	Memorandum
COURT SERVICE LIST
Martha Martinez
49191 Alta Vista Terrace
Fremont, CA 94539
Alfonso Carpio Barretto
28545 Anchorage Lane
Hayward, CA 94545
Case: 10-04273 Doc# 26 Filed: 04/05/11 Entered: 04/05/11 12:18:11 Page 3 of 3