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
A status conference was held February 28, 2011, in the above-
captioned matter. 	Martha Martinez, the above-named plaintiff
(“Martinez”) appeared on her own behalf. 	Alfonso Carpio Barretto,
the above-named defendant (“Barretto”) did not appear.
By her complaint, Martinez seeks to deem nondischargeable 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
Signed: March 08, 2011

EDWARD D. JELLEN
U.S. Bankruptcy Judge

Entered on Docket
March 08, 2011
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 10-04273 Doc# 20 Filed: 03/08/11 Entered: 03/08/11 15:32:12 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
Court Judgment”). 	However, the compliant filed by Martinez in the
Superior Court action alleges many causes of action, some of which
are nondischargeable under Bankruptcy Code §§ 523(a)(2)(A) and
523(a)(4), and others, such as negligence, which are not. 	In
addition, the Superior Court Judgment does not allocate liability,
and this court cannot determine which portion of the Superior Court
Judgment is attributable to each cause of action stated in
Martinez’s Superior Court complaint. 	Even so, the court can
ascertain that $500,000 of the Superior Court Judgment is
attributable to “Punitive/special damages”.
At the February 28, 2011 status conference, the court accepted
Martinez’s explanation of the facts of this matter as an offer of
proof, and determined that $17,000 in actual damages and $17,000 in
punitive damages should be excluded from Barretto’s discharge.
Barretto has failed to file any response to the complaint or to
appear at any status conference in this matter.
For the foregoing reasons, the court will issue its judgment in
favor of Martinez.
END OF MEMORANDUM
Case: 10-04273 Doc# 20 Filed: 03/08/11 Entered: 03/08/11 15:32:12 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# 20 Filed: 03/08/11 Entered: 03/08/11 15:32:12 Page 3 of 3