Padilla v. WeCosign, Inc.

Case No.: 30-2012-00553004-CU-BC-CJC    

Before the Court this day are two pleading motions by defendant seeking to whittle down the number of claims to be tried in this case (assuming the parties ever get to trial). The vehicle for this request is a motion to strike (by Frank) and a motion for judgment on the pleadings (by Tara). The basis for the request is the bankruptcy discharge injunction, 11 USC §524(a)(2).

Plaintiff befriended co-defendant Frank Jakubaitis and agreed to lend him just under $190,000 (in three increments) in exchange for a promise to repay some of the loans, and to compensate for the rest with shares in Frank’s new company WeCosign. Frank did not repay the loans, nor did he transfer WeCosign shares, prompting plaintiff to file several lawsuits and adversary claims. The parties – once friends – have spent most of the last decade embroiled in hostilities.

The operative pleading directed against Fra........