Koka v. Bank of America N.A. et al

Filing 35

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT. Signed by Judge Richard Seeborg on 3/11/14. (cl, COURT STAFF) (Filed on 3/11/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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Case No. C 13-3930 RS

MOTI KOKA,
Plaintiff,
v.

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BANK OF AMERICA, et al.,

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ORDER GRANTING MOTION FOR
SUMMARY JUDGMENT

Defendants.
____________________________________/

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Plaintiff Moti Koka brought this action alleging that defendants wrongfully foreclosed

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against his property. Koka seeks damages and to set aside the foreclosure sale. Defendants moved

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for summary judgment on several grounds. As a threshold matter, defendants argued

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Koka lacks standing because the asserted claims are the property of the bankruptcy estate.

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Because that argument appeared potentially to have merit but had not been fully crystalized

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until the reply brief, Koka was invited to submit supplemental briefing. In that briefing, Koka

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asserts he has moved to reopen his bankruptcy case and requests that this action be stayed pending

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conclusion of the bankruptcy proceedings. Koka, however, does not dispute that he lacked standing

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when this action was filed, and still lacks standing, absent abandonment of the claims by the

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bankruptcy trustee.

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Defendants urge the Court to find at this juncture that Koka’s claims are barred by judicial

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estoppel. As with defendants’ arguments going to the merits, the lack of standing precludes

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consideration of that issue. Cf. Dzakula v. McHugh, __ F.3d __, 2014 WL 128605, *1 n. 2 (9th Cir.

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2014) (noting there was no dispute that claims had been abandoned to the debtor before addressing

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judicial estoppel); Ah Quin v. County of Kauai Department of Transportation, 733 F.3d 267, 270

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(9th Cir. 2013) (noting trustee’s abandonment of claim, prior to analyzing judicial estoppel).

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Accordingly, summary judgment will be granted solely on the grounds that Koka lacked

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standing at the time the complaint was filed. See Clark v. City of Lakewood, 259 F.3d 996, 1006

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(9th Cir.2001) (“Standing is determined by the facts as they exist at the time the complaint is
filed.”). A separate judgment will issue.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: 3/11/14

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RICHARD SEEBORG
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UNITED STATES DISTRICT JUDGE

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