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Edwards v. Broadwater Casitas Care Center, LLC

California Court of Appeals, Second District, Fifth Division

December 5, 2013

HEATHER EDWARDS, Plaintiff and Appellant,
v.
BROADWATER CASITAS CARE CENTER , LLC, et al., Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, No. BC442997 Rolf M. Treu, Judge. Motion to Dismiss.

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COUNSEL

Lyon Law and Geoffrey C. Lyon for Plaintiff and Appellant.

Levinson Arshonsky & Kurtz, Robert A. Levinson and Yoonis J. Han for Defendants and Respondents.

OPINION

TURNER, P. J.

I. INTRODUCTION

Plaintiff, Heather Edwards, has appealed cost and attorney fee awards imposed by the trial court against her following the unsuccessful arbitration of her employment discrimination claim. She argues the trial court exceeded its jurisdiction in awarding costs and attorney fees to defendants, Broadwater Casitas Care Center, LLC and Nathan Ure. Defendants have moved to dismiss plaintiff’s appeal as moot. Defendants argue the merits of plaintiff’s appeal have been resolved against her in a bankruptcy proceeding under title 11 United States Code section 1301 et seq. (chapter 13).[1] Plaintiff initiated the bankruptcy proceeding prior to filing the present appeal. The bankruptcy court confirmed plaintiff’s chapter 13 debt adjustment plan while this appeal was pending. We heard oral argument on defendants’ dismissal motion on October 1, 2013. We now deny defendants’ dismissal motion.

II. BACKGROUND

On September 19, 2012, following confirmation of the arbitration award, the trial court awarded defendants $19, ...


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