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B 6G Official Form 6G 12/07 In re Case No. Debtor if known SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPIRED LEASES Describe all executory contracts of any nature and all unexpired leases of real or personal property. Include any timeshare interests. State nature of debtor s interest in contract i*e* Purchaser Agent etc* State whether debtor is the lessor or lessee of a lease. Provide the names and complete mailing addresses of all other parties to each lease or contract described* If a minor...
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Signed by clerk on 10/17/14. (JAR, COURT STAFF) (Filed on 10/17/2014) (Entered: 10/17/2014)
ORDER granting 49 Motion to Quash. On 9/18/14, Plaintiff filed an Amended Complaint for Breach of Fiduciary Duty Under California Law, Complaint# 4-324716. The complaint alleged that Defendant, a Bankruptcy Trustee, breached his fiduciary duty in performing various actions in his capacity as Bankruptcy Trustee, including, inter alia, by failing to disclose the existence of a mortgage loan on the property he then controlled. In the motion to quash filed on 9/18/14, the Defendants argued that it is appropriate for the Court to dismiss the complaint because Plaintiff does not allege facts necessary to allege that he is a public servant. Plaintiff raised three different arguments in support of his claim: First, that he does not allege that he is a public servant because he has not alleged his financial interests in a public agency, which would make him a public servant; second, he has alleged, inter alia, that he received a salary and wages that he was not required to pay into the Fund until July 29, 2014; and third, he failed to submit a list of his income from January 2013 to July 2014. Accordingly, the Court DENIES Defendants' motion to quash. The Court's decision is stated in its entirety. (SPEAKING DIRECTION) (Clerk of the Court) (Filed on 9/18/14) (Entered: 09/18/2014)
73 0 Order granting 54 Motion to Quash. On 9/18/14, Plaintiff filed an Amended Complaint for Breach of Fiduciary Duty Under California Law, Complaint# 4-138914. The complaint alleged that Defendant, a Bankruptcy Trustee, breached his fiduciary duty in performing various actions in his capacity as Bankruptcy Trustee, including, inter alia, by failing to disclose the existence of a mortgage loan on the property he then controlled. In the motion to quash filed on 9/18/14, the Defendants argued that it is appropriate for the Court to dismiss the complaint because Plaintiff does not allege facts necessary to allege that he is a public servant.
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