Case Type:
Case Status:
22-1115 (9th Circuit, Dec 12,2022) Not Published
The Bankruptcy Appellate Panel for the Ninth Circuit (BAP) affirmed the an order by the U.S. Bankruptcy Court for the Northern District of California (BC) granting the motions to dismiss the complaint filed by Malinka Tacuma Wade Moye (Moye) in an adversary proceeding against defendants Pender Capital, Inc., Pender Capital Asset Lending, Fund 1, LP, (jointly, Pender Capital), and the Labor Commissioner for the State of California in the chapter 11 bankruptcy of Theos Fedro Holdings, LLC
Procedural context:
In response to a haphazard complaint, defendants moved for its dismissal. Pender Capital and the Labor Commissioner moved to dismiss the adversary proceeding with prejudice, pointing to the defects summarized below. The Labor Commissioner added a further argument: that the BC would lack jurisdiction over many of the grievances Moye attempted to raise because they appeared wholly unconnected to the DR's bankruptcy case. Echoing this claim, Pender Capital noted that most of the matters referenced in Moye's complaint concerned alleged criminal conduct under California law that appears to have occurred years ago with no connection to debtor's bankruptcy. To these dismissal motions, Moye offered a "largely incoherent" response. On May 24, 2022, the BC granted the defendants' motions to dismiss for the reasons set forth therein and barred Moye from any further filing without leave to amend. Moye timely appealed.
To the extent it lays out a single claim, Moye's "factually incomprehensible" complaint asserts the following . It alleges that the DR is a limited liability company with its principal place of business in San Francisco, while defendant Pender Capital is a "loan lending company" in Sacramento. In this document, Moye depicted himself as a creditor "violated by defendants., with principal place of business in Sf & Sacramen, California under extortion. Assault. Attempted murder." Moye added: "Labor Commissioner attorneys have prior record of obstructing creditor." While the complaint includes numerous other statements and allegations of crimes by others dating back years, "[yt]he relationship of any of these defendants to the [DR] . . . and its bankruptcy is unclear." This five-page pleading contains are scattered references to Pender Capital but no mention of it in the prayer for relief. Craft & Layne is not mentioned in the complaint except its name was handwritten onto the caption as a defendant. There are a total of roughly three references to the Labor Commissioner; not one explains what the Labor Commissioner allegedly did to harm Moye, or how it relates to the underlying bankruptcy.
Gary A. Spraker; Scott H. Gan; and Julia W. Brand

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