American Contractors Indemnity Company v. Dorado

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Pagter and Miller
525 N Cabrillo Pk Dr
Suite 104
Santa Ana, CA
92701
(714) 541-6072
R. Gibson Pagter, Jr., CA SBN 116450
Misty Perry Isaacson, CA SBN 193204
PAGTER AND MILLER
525 N. Cabrillo Park Drive, Suite 104
Santa Ana, CA 92705
Telephone: (714) 541-6072
Facsimile; (714) 541-6897
Email: gibson@pagterandmiller.com
Email: misty@pagterandmiller.com
Attorneys for American Contractors Indemnity Company
IN THE UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA – LOS ANGELES DIVISION
In re:
MARIA DORADO,
Debtor.
AMERICAN CONTRACTORS
INDEMNITY COMPANY,
Plaintiff,
v.
MARIA DORADO,
Defendant.
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Case No. 2:12-bk-18764-TD
Adversary No. 2:12-ap-01777-TD
Chapter 7
ORDER GRANTING SUMMARY
JUDGMENT IN FAVOR OF PLAINTIFF
AND AGAINST DEFENDANT ON
PLAINTIFF’S COMPLAINT TO
DETERMINE DISCHARGEABILITY OF
DEBT [11 U.S.C. §523(a)(4)
Date: May 23, 2013
Time: 11:00 a.m.
Ctrm: 1345
A hearing on American Contractors Indemnity Company’s (“Plaintiff” or “ACIC”)
Motion for Order Granting Summary Judgment in Favor of Plaintiff and Against Maria
Dorado (the “Debtor” or “Dorado”) on Plaintiff’s Complaint to Determine Dischargeability
of Debt pursuant to 11 U.S.C. § 523(a)(4) (the “Motion”) came on regularly for hearing
on May 23, 2013 at 11:00 a.m. before the Honorable Thomas B. Donovan, U.S.
Bankruptcy Judge. Appearances were made as noted in the record. After review of the
FILED & ENTERED
SEP 18 2013
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY DEPUTY CLERK	penning
Case 2:12-ap-01777-TD Doc 37 Filed 09/18/13 Entered 09/18/13 16:28:08 Desc
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Pagter and Miller
525 N Cabrillo Pk Dr
Suite 104
Santa Ana, CA
92701
(714) 541-6072
pleadings, arguments of the parties, supplemental pleadings filed by Dorado, and good
cause appearing therefor,
IT IS HEREBY ORDERED:
1. The Motion is Granted;
2. Plaintiff’s claims against Dorado evidenced by the Judgments entered in
the Superior Court of California for the County of Los Angeles in favor of Plaintiff and
entered against Dorado, In re Probate Estate of Efren Dorado, Case No. VP0111458;
and In re the Guardianship Estate of J. and S. Dorado, Case No. VP011460, copies of
which are filed herewith and made a part hereof, shall be nondischargeable pursuant to
11 U.S.C. §523(a)(4).
3. Plaintiff has demonstrated that there is no dispute as to any material fact
and that it is entitled to judgment as matter of law.
4. Dorado did not serve, file or lodge a separate statement of genuine issues
with her response as required by LBR 7056-1(c).
5. The material facts as claimed and adequately supported by the Plaintiff
were admitted to exist without controversy. They are not adequately controverted by
declaration or other evidence filed by Dorado in opposition to Plaintiff’s motion.
6. The stipulation filed with the Superior Court by Plaintiff, Dorado and others
on February 18, 2010 (Exhibit 5 to Plaintiff’s motion); the Superior Court’s Order thereon
filed April 1, 2010 (Exhibit 6 to Plaintiff’s motion); and Plaintiff’s Proof of Claim filed
herein on March 22, 2012 (Exhibit 9 to Plaintiff’s motion) demonstrate that as a result of
Dorado’s breach of fiduciary duties, Plaintiff incurred the costs claimed in this adversary
proceeding and is entitled to a judgment that such costs are nondischargable as a result
Case 2:12-ap-01777-TD Doc 37 Filed 09/18/13 Entered 09/18/13 16:28:08 Desc
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Pagter and Miller
525 N Cabrillo Pk Dr
Suite 104
Santa Ana, CA
92701
(714) 541-6072
of defalcation by Dorado pursuant to 11 U.S.C. § 523(a)(4), notwithstanding Dorado’s
later deposit of funds to replace “borrowed” funds prior to her February 18, 2010
stipulation. Costs were incurred by Plaintiff prior to Dorado’s stipulation as a direct
result of Dorado’s misappropriation. See Blyler v. Hemmeter (In re Hemmeter), 242
F.3d 1186, 1191 (9th Cir. 2001); FDIC v. Jackson, 133 F.3d 694, 703 (9th Cir. 1998);
Bullock v. Bankchampaign, 133 S. Ct. 1754, 1760 (May 13, 2013).
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Date: September 18, 2013
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Pagter and Miller
525 N Cabrillo Pk Dr
Suite 104
Santa Ana, CA
92701
(714) 541-6072
NOTICE OF ENTERED ORDER AND SERVICE LIST
Notice is given by the court that a judgment or order entitled (specify): ORDER GRANTING SUMMARY
JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT ON PLAINTIFF’S COMPLAINT
TO DETERMINE DISCHARGEABILITY OF DEBT [11 U.S.C. §523(a)(4) was entered on the date
indicated as AEntered@ on the first page of this judgment or order and will be served in the manner stated
below:
1. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) B Pursuant to controlling
General Orders and LBRs, the foregoing document was served on the following persons by the court via
NEF and hyperlink to the judgment or order. As of (date) 09/11/13, the following persons are currently on
the Electronic Mail Notice List for this bankruptcy case or adversary proceeding to receive NEF
transmission at the email addresses stated below.
Wesley H Avery (TR) wamiracle6@yahoo.com, jmoattrustee@gmail.com;C117@ecfcbis.com
R G Pagter gibson@pagterandmiller.com,
pandm@pagterandmiller.com;pagterandmiller@yahoo.com
Misty A Perry Isaacson misty@pagterandmiller.com
United States Trustee (LA) ustpregion16.la.ecf@usdoj.gov
Service information continued on attached page
2. SERVED BY THE COURT VIA UNITED STATES MAIL: A copy of this notice and a true copy of this
judgment or order was sent by United States mail, first class, postage prepaid, to the following persons
and/or entities at the addresses indicated below:
Alan Ross
316 W 2nd St #1002
Los Angeles, CA 90012
Service information continued on attached page
3. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment
or order which bears an AEntered@ stamp, the party lodging the judgment or order will serve a complete
copy bearing an AEntered@ stamp by United States mail, overnight mail, facsimile transmission or email
and file a proof of service of the entered order on the following persons and/or entities at the addresses,
facsimile transmission numbers, and/or email addresses stated below:
Service information continued on attached page
Case 2:12-ap-01777-TD Doc 37 Filed 09/18/13 Entered 09/18/13 16:28:08 Desc
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