IN RE BAH

BAP No. CC-03-1636-MOPB, Bankruptcy No. LA02-42222-SB, Adversary No. LA03-01438-SB.

321 B.R. 41 (2005)

In re Abdoulaye BAH, Debtor. Philip Restaino; Georgette Restaino, Appellants, v. Abdoulaye Bah, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed January 21, 2005.


Attorney(s) appearing for the Case

Bryan D. Sampson, Sampson & Associates, San Diego, CA, for Philip and Georgette Restaino.

Gail Gilfillan, Fuchs & Associates, Los Angeles, CA, for Abdoulaye Bah.

Before: MONTALI, PERRIS and BRANDT, Bankruptcy Judges.


OPINION

MONTALI, Bankruptcy Judge.

Defendants moved for dismissal of an adversary proceeding under Federal Rule of Bankruptcy Procedure 7012 (incorporating Federal Rule of Civil Procedure 12(b)(6)) ("FRCP 12(b)(6)")1 arguing that the plaintiffs claims were barred by California's statutory litigation privilege and by the doctrine of collateral estoppel (issue preclusion) and res judicata (claim preclusion). In the same...

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