· 12/12/2002
Tsurukawa v. Nikon Precision, Inc. (In Re Tsurukawa)
Citations
- 287 B.R. 515
- 2003 Cal. Daily Op. Serv. 339
- 2003 Daily Journal DAR 735
- 2002 Bankr. LEXIS 1558
- 40 Bankr. Ct. Dec. (CRR) 198
- 2002 WL 31941454
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “in order to impute fraud to a spouse, there must be a partnership or other agency relationship.”
- “In order to impute fraud to a spouse, there must be a ‘partnership or other agency relationship.’ ”
- in § 523(a)(2)(A) action, fraud of one spouse may be imputed to other spouse under agency principles when evidence shows they are also business partners
- partnership relationship found where wife assumed active role in husband’s business, beyond merely holding a community property interest in, and performing minor services for, the business
- “In a § 523(a)(2)(A) action, one spouse’s fraud may be imputed to the other spouse under agency principles when, as in this case, they are also business partners.”
- “[A] marital union alone, without a finding of a partnership or other agency relationship between spouses, cannot serve as a basis for imputing fraud from one spouse to the other.” (internal quotations marks omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Marlar, Ryan, Klein
Read full opinion on CourtListenerSourced 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.