· 5/6/1998
In Re Ceresa Annette Rothery, Debtor. Larry Cunningham v. Ceresa Rothery
Citations
- 143 F.3d 546
- 98 Daily Journal DAR 4702
- 97 Cal. Daily Op. Serv. 3402
- 40 Fed. R. Serv. 3d 412
- 1998 U.S. App. LEXIS 8834
- 1998 WL 220257
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- analyzing the federal counterpart to CR 56, and holding that a court may grant summary judgment without notice in such circumstances
- \The filing of an involuntary case requires the petitioning creditor to meet the burden of proof on the main elements under § 303.\
- a party is fairly apprised that the court will be deciding a motion for summary judgment if that party submitted matter outside the pleadings and the court considers them
- “a court may grant summary judgment 4 without notice if the losing party has had a ‘full and fair opportunity to ventilate the issues 5 involved in the motion.”’
- \A party is 'fairly apprised' that the court will in fact be [applying the summary judgment standard]] if that party submits matters outside the pleadings to the judge and invites consideration of them.\
- addressing conversion of a motion to dismiss
Source: CourtListener parenthetical corpus (CC0).
Judges: Farris, O'Scannlain, Fernandez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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