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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.