Opinion
Case No. 10-49377 J, Adv. No. 10-4292 AJ.
February 8, 2011
MEMORANDUM RE ABSTENTION
The court has considered the factors for discretionary abstention pursuant to 28 U.S.C. § 1334(c)(1), and has concluded that abstention is appropriate. See In re Tucson Estates, Inc., 912 F.2d 1162, 1166-67 (9th Cir. 1990).
All of the claims for relief are matters governed by California law. The matters at issue are not core bankruptcy matters under 28 U.S.C. § 157(b)(2). The parties have a right to a jury trial. If the matter is to be tried, the burden on the court's docket would be substantial.
For the foregoing reasons, the court will issue its order dismissing this adversary proceeding, without prejudice.
Signed: February 08, 2011
Notice Recipients
Recipients of Notice of Electronic Filing: Recipients submitted to the BNC (Bankruptcy Noticing Center):
District/Off: 0971-4 User: vbadea Date Created: 2/8/2011 Case: 10-04292 Form ID: pdfeoapc Total: 2 aty John D Pingel jpingel@reedsmith.com TOTAL: 1 pla David Pilkington 3377 Deer Valley Rd. #235 Antioch, CA 94531 TOTAL: 1