Siegel v. Coral Pit Inc.
Filing
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ORDER GRANTING WILLIAM BISCHOFF'S MOTION TO VACATE RENEWAL OF JUDGMENT ORDER 31 (Illston, Susan) (Filed on 5/10/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JEFFREY SIEGEL,
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United States District Court
For the Northern District of California
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No. C 97-03438 SI
Plaintiff,
ORDER GRANTING WILLIAM
BISCHOFF’S MOTION TO VACATE
RENEWAL OF JUDGMENT ORDER
v.
CORAL PIT, INC.,
Defendant.
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On May 10, 2013, the Court heard third-party William Bischoff’s argument on his renewed
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motion to vacate this Court’s prior Order granting third-party Francis Gill’s application for a Renewal
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of Judgment. Francis Gill did not oppose the motion or attend the hearing. Having carefully considered
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the arguments of counsel and papers submitted, the Court GRANTS the motion to vacate, for the
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reasons set forth below.
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On December 1, 1997, the Court entered a Judgment in this proceeding in favor of plaintiff
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Siegel. In January 2002, Siegel assigned his interest in the Judgment to William Bischoff (the “Siegel-
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Bischoff Agreement” or “Agreement”). As part of the consideration for the assignment, Bischoff agreed
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to pay Siegel 50% of any amount collected on the Judgment. On March 14, 2002, Siegel filed for
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Chapter 7 bankruptcy. At the trustee’s sale, Francis Gill bought Siegel’s interest in the Agreement.
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Then, Gill purported to rescind the Agreement and claimed that he had the sole right to collect
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under the Judgment. Gill moved for a Renewal of Judgment, claiming to be the sole assignee of the
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Judgment. On March 16, 2007, the Court granted Gill’s motion based upon his representations
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(“Renewal of Judgment Order”).
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Three months later, Bischoff moved for the Court to vacate its Renewal of Judgment Order. The
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Court found that the motion was proper under Rule 60(b), which allows the Court to relieve a party from
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a judgment upon mistake, misrepresentation, or “any other reason that justifies relief.” Fed. R. Civ. P.
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60(b). The Court found that Bischoff had standing, and his motion was timely and proper.
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However, the Court found that it could not decide the question of whether Gill or Bischoff was
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the proper assignee of the Judgment. “Instead, the ultimate decision regarding whether the contract
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between Siegel and Bischoff has been or should be rescinded lies with the superior court in Guam,
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where Gill has filed a civil action against Bischoff seeking a judicial declaration that the Siegel-Bischoff
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Agreement has been rescinded.” Docket No. 30, at 2. Accordingly, at that time, the Court denied
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without prejudice Bischoff’s motion to vacate the Court’s Renewal of Judgment Order.
United States District Court
For the Northern District of California
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Since then, the Guam Superior Court held that Gill had no basis to rescind the Siegel-Bischoff
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Agreement, and it dismissed that claim. On December 20, 2011, the Guam Supreme Court affirmed the
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holding of the Superior Court that Gill had no basis to rescind the Agreement. See Req. for Judicial
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Notice, Ex. B, at 6-9.1
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Therefore, based on the preclusive effect of the finding by the Supreme Court in Guam, this
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Court must find that Gill did not effectively rescind the Siegel-Bischoff Agreement. Accordingly,
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because the Agreement was not rescinded, Gill was never an assignee of the Judgment, and therefore
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was not entitled to a Renewal of Judgment.
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For the foregoing reasons, the Court GRANTS William Bischoff’s motion, and VACATES the
Renewal of Judgment Order [Docket No. 18].
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IT IS SO ORDERED.
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Dated: May 10, 2013
SUSAN ILLSTON
United States District Judge
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The Court may take judicial notice of matters of public record outside the pleadings. See
MGIC Indemn. Corp. v. Weisman, 803 F.2d 500, 504 (9th Cir. 1986).
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