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In re Hughes

United States Court of Appeals, Ninth Circuit
Oct 8, 2009
347 F. App'x 359 (9th Cir. 2009)

Summary

initiating and prosecuting claim was "willful and malicious insofar as conduct was unreasonable, frivolous, vexatious and in bad faith"

Summary of this case from Soares v. Lorono

Opinion

No. 08-17338.

Submitted September 14, 2009.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed October 8, 2009.

Melanie Hughes, Sacramento, CA, pro se.

Amelia Ryan Pritchard, Esquire, Gregory Joseph Hughes, Esquire, Hughes Pritchard, Roseville, CA, for Appellees.

Appeal from the United States District Court for the Eastern District of California, John A. Mendez, District Judge, Presiding. D.C. No. 2:08-cv-00490-JAM.

Before: SILVERMAN, RAWLINSON, and CLIFTON, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Melanie Hughes, an attorney, appeals pro se from the district court's judgment affirming the bankruptcy court's partial summary judgment that her debt to defendants was nondischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(6). We have jurisdiction pursuant to 28 U.S.C. § 158(d). We review de novo the district court's decision on appeal from a bankruptcy court and the bankruptcy court's decision to grant summary judgment. Ditto v. McCurdy, 510 F.3d 1070, 1075 (9th Cir. 2007), and we affirm.

The bankruptcy court did not err when it granted summary judgment on the nondischargeability of Hughes's debt based on her willful and malicious conduct. See 11 U.S.C. § 523(a)(6) (providing for exceptions to discharge "for willful and malicious injury by the debtor to another entity or to the property of another entity").

Contrary to Hughes's contentions, the bankruptcy court properly gave preclusive effect to the state court order awarding attorney's fees because the issue of Hughes's willfulness and maliciousness was squarely before the court when it determined whether her conduct was unreasonable, frivolous, meritless, or in bad faith under California Government Code § 12965. See Mangano v. Verity, Inc., 167 Cal.App.4th 944, 84 Cal.Rptr.3d 526, 529 (2008) (explaining that prevailing defendants may recover attorney's fees under Cal. Gov. Code § 12965 "only if the plaintiff's lawsuit is deemed unreasonable, frivolous, meritless, or vexatious"); People v. Carter, 36 Cal.4th 1215, 32 Cal.Rptr.3d 838, 117 P.3d 544, 562 (2005) (explaining that an issue is actually litigated when it is properly raised, submitted for determination, and determined).

Hughes's contention that nondischargeability under 11 U.S.C. § 523(a)(6) is conditioned on an intentional tort, rather than a general intention to cause injury, is equally unavailing. See Ditto, 510 F.3d at 1078 (explaining that the critical inquiry is whether the debtor desires to cause consequences of her act, or that she believes the consequences are substantially certain to result from it).

Hughes's remaining contentions are unpersuasive.

We grant Hughes's motion to file a page missing from her excerpts of record. The clerk shall file the missing excerpt page received on March 27, 2009.

We deny Hughes's motion to augment the excerpts of record.

We grant appellees' motion to strike portions of the excerpts of record.

AFFIRMED.


Summaries of

In re Hughes

United States Court of Appeals, Ninth Circuit
Oct 8, 2009
347 F. App'x 359 (9th Cir. 2009)

initiating and prosecuting claim was "willful and malicious insofar as conduct was unreasonable, frivolous, vexatious and in bad faith"

Summary of this case from Soares v. Lorono
Case details for

In re Hughes

Case Details

Full title:In the Matter of: Melanie HUGHES, Debtor, Page 360 Melanie Hughes…

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 8, 2009

Citations

347 F. App'x 359 (9th Cir. 2009)

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