Bernadette Gaestel vs Aven Financial Inc., et al.
Demurrer
Motion type
Parties
Ruling
25CV-06909 Bernadette Gaestel vs Aven Financial Inc., et al.
Demurrer
Defendant’s demurrer to the fourth cause of action is SUSTAINED WITH LEAVE TO AMEND, on the basis of failure to state facts sufficient to constitute a cause of action.
Plaintiff’s fourth cause of action as alleged is vastly similar to that of seeking contempt relief under 11 U.S.C. § 524. The exclusive remedy for such is civil contempt enforced though the bankruptcy court that issued the discharge order. As Plaintiff has alleged in their opposition that the defect may be cured through amendment and has provided details on how they might cure the defect, leave to amend is granted.
Plaintiff is to file an amended complaint within ten (10) days of this court’s order.
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