Nguyen v. Pham et al

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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.
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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
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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
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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
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