Pemstein v. Pemstein

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ORDER DENYING PLTF’S MOTION TO PROPERLY APPLY COURT’S STATEMENT OF DECISION RE ATTORNEY’S FEES
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CHRISTOPHER L. BLANK (SBN 115450)
CHRISTOPHER L. BLANK, ATTORNEY AT LAW, PC
4675 MacArthur Court, Suite 550
Newport Beach, CA 92660
Telephone: (949) 250-4600
Facsimile: (949) 250-4604
Email: clblank@pacbell.net
Attorney for Defendant Harold Pemstein
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
LOS ANGELES DIVISION
In Re
MARTIN and DIANA PEMSTEIN,
Debtor,
_____________________________________
MARTIN PEMSTEIN,
Plaintiff,
Vs.
HAROLD PEMSTEIN,
Defendant.
______________________________________
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CASE NO. 2:12-BK-15900RK
Chapter 11
ADV. NO. 2-12-AP-02467RK
ORDER DENYING PLAINTIFF’S
MOTION TO PROPERLY APPLY
COURT’S STATEMENT OF DECISION
GRANTING DEFENDANT’S FEES AND
COSTS
DATE: 10/08/13
TIME: 2:30 P.M.
CTRM: 1675
Plaintiff’s Motion to Properly Apply the Court’s Statement of Decision Granting
Defendant’s Fees and Costs came on regularly for hearing on October 8, 2013, at 2:30 p.m. in
courtroom 1675 of the above entitled court. Martin Pemstein, moving party, appeared in person.
Christopher L. Blank, attorney for Defendant, Harold Pemstein appeared by phone.
The court heard oral argument and the matter was deemed submitted.
The court adopted its tentative ruling which reads as follows: 1
1 “FRBP” refers to the Federal Rules of Bankruptcy Procedure. “FRCP” refers to the Federal Rules of Civil
Procedure.
FILED & ENTERED
OCT 11 2013
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY DEPUTY CLERK	gae
CHANGES MADE BY COURT
Case 2:12-ap-02467-RK Doc 83 Filed 10/11/13 Entered 10/11/13 08:28:06 Desc
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ORDER DENYING PLTF’S MOTION TO PROPERLY APPLY COURT’S STATEMENT OF DECISION RE ATTORNEY’S FEES
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“The court deems plaintiff's motion to be one pursuant to FRBP 9023 and FRCP
59 to amend or alter judgment, which should be denied on the merits. The court
may amend or alter a final order or judgment if it committed clear error or its
initial decision was manifestly unjust. United National Insurance Co. v. Spectrum
Worldwide, Inc., 555 F.3d 772, 780 (9th Cir. 2009). The court in awarding fees to
defendant pursuant to Section 1717 of California Civil Code properly determined
defendant was the prevailing party as to the lawsuit as a whole. Wood v. Santa
Monica Escrow Co., 176 Cal.App.4th 802, 804 (2009). The court's reasons for
granting the award of fees were set forth in a written decision, which the court
does not now find to have been made in clear error or to be manifestly unjust.”
NOW THEREFORE, IT IS HEREBY ORDERED THAT Plaintiff’s Motion is
DENIED.
IT IS SO ORDERED.
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Date: October 11, 2013
Case 2:12-ap-02467-RK Doc 83 Filed 10/11/13 Entered 10/11/13 08:28:06 Desc
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This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
June 2012 F 9021-1.1.NOTICE.ENTERED.ORDER
NOTICE OF ENTERED ORDER AND SERVICE LIST
Notice is given by the court that a judgment or order entitled (specify): ORDER DENYING PLAINTIFF’S MOTION TO
PROPERLY APPLY COURT’S STATEMENT OF DECISION GRANTING DEFENDANTS’ FEES AND COSTS
was entered on the date indicated as “Entered” 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): 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 October 10, 2013, 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.
Christopher L Blank; clblank@pacbell.net
Alan W Forsley; awf@fredmanlieberman.com; awf@fkllawfirm.com; addy@fl-lawyers.net; lc@fl-lawyers.net; and
awf@fl-lawyers.net
U.S. Trustee (SA); ustpregion16.sa.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
stated below:
Martin Pemstein
Plaintiff in Pro Se
38 Calle Aragon, Unit F
Laguna Woods, CA 92637
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 “Entered” stamp, the party lodging the judgment or order will serve a complete copy bearing an “Entered” 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-02467-RK Doc 83 Filed 10/11/13 Entered 10/11/13 08:28:06 Desc
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