Judge: Elaine W. Mandel, Case: 19STCV06476, Date: 2023-09-14 Tentative Ruling

Case Number: 19STCV06476    Hearing Date: November 7, 2023    Dept: P

Tentative Ruling

Kim v. Rhee, Case No. 19STCV06476

Hearing Date November 7, 2023

Briefs re: Bankruptcy Discharge

Plaintiff Kim alleges defendant Rhee negligently or, in the alternative, intentionally, struck him with a golf club. Defendant’s Chapter 7 bankruptcy was discharged on August 2, 2021, and he argues the entire action should be dismissed pursuant to the discharge.

The court ordered briefing regarding consequences of the discharge and ordered Kim to pay $525 in sanctions for fees associated with Kim’s motion to set aside dismissal. Rhee filed a “Notice of Noncompliance,” stating Kim failed to pay the sanctions or file the brief. Rhee argues the court should dismiss the complaint because of Kim’s noncompliance.  

Neither side filed the ordered brief. Rhee’s request for de facto terminating sanctions is unsupported. Terminating sanctions are an extreme remedy, to be used when other methods of compelling compliance failed.

Absence briefs from either side, the court applies 11 USCA §523 (a)(6), which exempts debts “for willful and malicious injury by the debtor to another entity or the property of another entity” from bankruptcy discharge. Kim’s second through fourth causes of action allege willful injury; those claims are nondischargeable. The first cause of action alleges negligence, so that claim is dischargeable. Kim’s first cause of action for negligence is DISMISSED. All other causes of action proceed.