Sui v. 2176 Pacific Homeowners Assn. CA4/3

Filed 2/24/15 Sui v. 2176 Pacific Homeowners Assn. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

YAN SUI,

Plaintiff and Appellant, G049822

v. (Super. Ct. No. 30-2010-00395852)

2176 PACIFIC HOMEOWNERS OPINION ASSOCIATION et al.,

Defendants and Respondents.

Appeal from a postjudgment order of the Superior Court of Orange County, Robert D. Monarch. (Retired Judge of the Orange Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6, of the Cal. Const.) Affirmed. Yan Sui, in pro. per., for Plaintiff and Appellant. Bonne, Bridges, Mueller, O’Keefe & Nichols, Margaret M. Holm, Robert A. Zermeno, Jr., and Allyson S. Ascher for Defendants and Respondents. * * *

Yan Sui appeals from the court’s order denying his motion for attorney fees in his action against defendants 2176 Pacific Homeowners Association, Stephen D. Price, and Michelle J. Matteau, which action was dismissed with prejudice by Sui’s bankruptcy trustee. We affirm.

1 FACTS

In August 2010, Sui and Pei-yu Yang filed this action against defendants. In July 2011, Sui filed a petition for bankruptcy relief in the bankruptcy court. In May 2012, defendants and Sui’s bankruptcy trustee entered into a settlement agreement, whereby defendants would pay $5,000 and release Sui’s bankruptcy estate from any malicious prosecution claims against Sui, in exchange for the dismissal with

1 We grant defendants’ request for judicial notice under Evidence Code sections 452, 453, and 459 as to the following exhibits to the request: Exhibit A (quitclaim deed from Sui and Pei-yu-Yang to Pei-yu-Yang recorded June 10, 2009), exhibit B (Sui’s petition for bankruptcy relief under ch. 7 of tit. 11 of the Bankr. Code), exhibit C (settlement agreement between defendants and Sui’s bankruptcy trustee, dated May 4, 2012), exhibit E (order from bankruptcy court approving the settlement agreement), exhibit G (this court’s order dismissing Sui’s appeal of the dismissal in the superior court, filed Sept. 6, 2013); and exhibit H (order from Ninth Circuit Court of Appeal dated July 7, 2014 affirming the order of the bankruptcy appellate panel dismissing as moot Sui’s appeal from the order approving the settlement). The request for judicial notice as to the following exhibits to the request is denied for the reasons stated: Exhibit D (trustee’s motion to approve settlement agreement, not necessary after taking notice of the order on the motion); exhibit F (notice of entry of dismissal, the document submitted bears a case number for a different action by Sui), and exhibit I (notice of ruling on motion for attorneys fees, hearsay statement by counsel, and no issue of timeliness of appeal). On the court’s own motion, we take judicial notice of the following documents in the superior court file: (1) notice of entry of dismissal with proof of service filed with the trial court on December 3, 2012, showing dismissal of Sui’s case by his bankruptcy trustee on November 30, 2012; and (2) minute order dated February 21, 2014 denying Sui’s motion for attorney fees.