Yahoo is acting strangely - the last post appears to have been lost.
Here it is again:
Even though OCA's appeal made it impossible for Hobson to collect on
his award, OCA lost no time in filing suit against him attempting to
collect on the romissory notes, which had a relatively small value in
comparison to Hobson's award. Their first attempt to collect from
Hobson took place in the original trial court in Sacramento.
Following that failed attempt, they moved the case to state court,
then attempted to move it to the bankruptcy court in New Orleans,
again without success. OCA has continued to fight Hobson's efforts
to collect to the bitter end.
The judge's final ruling makes in interesting reading. Some excerpts
are as follows:
"Hobson is entitled to recover the full amount of the judgment in his
breach of contract action against OCA and OCC. In return, OCA is
entitled to recover the amounts owed by Hobson on the three
underlying promissory notes. Hobson has always acknowledged
liability on the notes and has asked only that the amounts due on the
notes be applied as a setoff against his recovery on the breach of
contract."
"OCA and OCC have steadfastly refused Hobson's offers to offset their
claims on the promisory notes against his judgment in the breach of
contract action. Instead, OCC filed a complaint to recover on the
promissory notes in the California Superior Court... Then OCC filed
bankruptcy, and while the automatic stay prevented Hobson from
asserting his offset, OCC moved for summary judgment in the state
case. Before the state court could dispose of the matter, OCC
removed the case to this court on the grounds that it is a "core
proceeding" in the bankruptcy. OCC then filed a motion to tranfer
venue of this case to the United States Bankruptcy Court for the
Eastern District of Louisiana., which this court denied on January 9,
2007. (January 9, 2007, Order 5.)"
CONTINUED--