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40 F. App'x 576

Mermelstein v. Elder

U.S. Courts of Appeals

Decided June 25, 2002

U.S. Courts of Appeals · decided 2002-06-25

Cited by 3 later decisions — most recently September 2014

1 district ·

Applies 11 U.S.C. § 523

Relies on Taunt v. General Retirement System of Detroit · Verizon Maryland Inc. v. Public Service Commission of Maryland · George Jercich James Petralia v. George Jercich

Good law ✅— No negative treatment on recordhow we know

Decided 2002-06-25

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¶1MEMORANDUM…

¶2The bankruptcy court determined that John Kevin Elder was entitled to a discharge of Freda Mermelstein’s judgment against him for committing the intentional torts of stalking and intentional infliction of emotional distress. The district court reversed the bankruptcy court and determined that Elder was not entitled to a discharge. See Mermelstein v. Elder (In re Elder), 262 B.R. 799 (C.D.Cal.2001). Elder appealed.

¶3We affirm the district court for the reasons set forth in its published opinion, which we adopt as our own. Id.We add that the award of punitive damages under California law means that Elder’s behavior was found to be malicious or oppressive. That further demonstrates that his actions were willful and malicious. See 11 U.S.C. § 523(a)(6); Petralia v. Jercich (In re Jercich), 238 F.3d 1202, 1207-08 (9th Cir.) cert. denied, 533 U.S. 930, 121 S.Ct. 2552, 150 L.Ed.2d 718 (2001); Krishnamurthy v. Nimmagadda (In re Krishnamurthy), 209 B.R. 714, 721-22 (9th Cir.BAP 1997); Newsom v. Moore (In re Moore), 186 B.R. 962, 972-73 (Bankr.N.D.Cal.1995).

¶4AFFIRMED.1

¶5 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

¶6. Of course, our affirming of the district court decision of necessity entails reversal of the bankruptcy court’s order.

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