3:08-ap-03073•Nguyen v. Pham et al
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM RE POST-TRIAL MOTIONS -1- UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA In re NGA TUY PHAM, Debtor. NGOC LAN THI NGUYEN, Plaintiff, vs. NGA TUY PHAM, YEN CHUNG, KENNY HUNG WAI NG, and QUAN THANH CHUNG, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08-30904 TEC Chapter 7 Adv. Proc. No. 08-3073 TC MEMORANDUM RE POST-TRIAL MOTIONS On December 4, 2009, the court held a hearing on Plaintiff’s: (1) Motion for a New Trial and to Amend Findings of Fact and Conclusions of Law; (2) Motion for Post-Trial Discovery; and (3) Motion to Supplement the Record. Robin E. Foor appeared for Plaintiff. Roberto Ripamonti appeared for Defendant. Upon due consideration, and for the reasons stated on the record at the hearing, the court hereby issues the following decision regarding those motions. Signed and Filed: January 29, 2010 ________________________________________ THOMAS E. CARLSON U.S. Bankruptcy Judge ________________________________________ Entered on Docket February 02, 2010 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case: 08-03073 Doc# 142 Filed: 01/29/10 Entered: 02/02/10 13:05:06 Page 1 of 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM RE POST-TRIAL MOTIONS -2- The motion to amend findings of fact and conclusions of law should be granted to the extent that the court should strike from the Memorandum Decision re Phase II of Trial (docket no. 85) (the Decision) the text on page 3, line 27, beginning with “In so finding, I rely in part. . .” through line 10, page 4 of the Decision. The purpose of this amendment is to eliminate any reference in the Decision to four bank accounts (three at Gateway Bank, one at Washington Mutual) (collectively, the Accounts) that were not admitted into the record, and upon which the court erroneously relied in part in the Decision. The motion for new trial should be denied, because striking all reference to the Accounts does not change alter the conclusions of law in the Decision. The material facts controlling the conclusions of law are: there was only one note for a small portion of the amount allegedly owed by Defendant to Plaintiff; there was no regular documentation for the rest of the amount allegedly owed; and Defendant paid a substantial amount of money to Plaintiff. The motion for post-trial discovery should be denied, because the discovery in question should have been conducted before trial. Defendant’s request for sanctions should denied be, because the motion to amend was substantially justified. **END OF MEMORANDUM** Case: 08-03073 Doc# 142 Filed: 01/29/10 Entered: 02/02/10 13:05:06 Page 2 of 3
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM RE POST-TRIAL MOTIONS -3- Court Service List Robin E. Foor, Esq. Law Offices of Robin E. Foor 2843 Alhambra Dr. Belmont, CA 94002 Roberto Ripamonti, Esq. Tsao-Wu, Chow and Yee 685 Market St. #460 San Francisco, CA 94105 Case: 08-03073 Doc# 142 Filed: 01/29/10 Entered: 02/02/10 13:05:06 Page 3 of 3
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