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In Re: Castellino Villas, A. K. F. LLC v. Castellino Villas

UNITED STATES DISTRICT COURT JS-6 CENTRAL DISTRICT OF CALIFORNIA


November 27, 2012

IN RE: CASTELLINO VILLAS, A. K. F. LLC PICERNE CONSTRUCTION CORP., ET AL
v.
CASTELLINO VILLAS, A. K. F. LLC

The opinion of the court was delivered by: Honorable John F. Walter, United States District Judge

CIVIL MINUTES -- GENERAL

Shannon Reilly

Courtroom Deputy

ATTORNEYS PRESENT FOR PLAINTIFFS: None None Present Court Reporter ATTORNEYS PRESENT FOR DEFENDANTS: None

PROCEEDINGS (IN CHAMBERS): ORDER AFFIRMING BANKRUPTCY COURT'S ORDER DENYING PICERNE CONSTRUCTION'S MOTION TO CONFIRM STATE COURT'S AUTHORITY TO AWARD ATTORNEYS' FEES AND COSTS

On August 24, 2012, Appellant Picerne Construction Corp. dba Camelback Construction ("Appellant" or "Picerne") filed a Notice of Appeal with this Court from the United States Bankruptcy Court's Order Denying Picerne Construction's Motion to Confirm State Court's Authority to Award Attorneys' Fees and Costs, entered on August 13, 2012. On October 25, 2012, Appellant filed its Opening Brief. On November 8, 2012, Appellee Castellino Villas, A K.F.C. LLC ("Appellee") filed its Opening Brief. On November 26, 2012, Appellant filed its Reply Brief. The Court finds this matter appropriate for decision without oral argument. The hearing calendared for December 3, 2012 is hereby vacated and the matter taken off calendar. After considering the opening and reply briefs, and the arguments therein, the Court rules as follows:

"The district court's standard of review over a bankruptcy court's decision is identical to the standard used by circuit courts reviewing district court decisions." In re Boyd, 243 B.R. 756, 759 (N.D. Cal. 2000) (citing In re Baroff, 105 F.3d 439, 441 (9th Cir. 1997)). "Thus, the district court reviews the bankruptcy court's factual findings for clear error and its conclusions of law de novo."

(citing In re Southern Cal. Plastics, Inc., 165 F.3d 1243, 1245 (9th Cir. 1999)); see also In re , 621 F.3d 1206, 1209 (9th Cir. Sept. 14, 2010) ("[T]he bankruptcy court's findings of fact are reviewed for clear error, and conclusions of law are reviewed de novo.").

Upon review of the record and the briefs submitted by the parties, the Bankruptcy Court's Order Denying Picerne Construction's Motion to Confirm State Court's Authority to Award Attorneys' Fees and Costs, entered on August 13, 2012. is AFFIRMED.

IT IS SO ORDERED.

cc: Bankruptcy Court

20121127

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