The court sustains the demurrer to the first, second, and sixth causes of action with 30 days leave to amend. The court overrules the demurrer to the fourth and fifth causes of action. For the first and second causes of action, Plaintiff lacks standing. Plaintiff fails to allege that he listed the first, second, and sixth causes of action in his bankruptcy petition. When a person files for bankruptcy, any causes of action that person previously possessed belong to the bankruptcy estate. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 1001 (Cloud).) "Causes of action are separate assets which must be formally listed…. Simply listing the underlying asset … arises is not sufficient." (Cusano v. Klein (9th Cir. 2001) 264 F.3d 936, 945.) Plaintiff alleges that the bankruptcy trustee abandoned the property underlying the breach of contract claim, so the cause of action has reverted to Plaintiff. (See Fourth Amended Complaint (4AC), ¶ 21.) But the issue is not whether the trustee
Hearing Date
November 30, 2020
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The court sustains the demurrer to the first, second, and sixth causes of action with 30 days leave to amend. The court overrules the demurrer to the fourth and fifth causes of action. For the first and second causes of action, Plaintiff lacks standing. Plaintiff fails to allege that he listed the first, second, and sixth causes of action in his bankruptcy petition. When a person files for bankruptcy, any causes of action that person previously possessed belong to the bankruptcy estate. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 1001 (Cloud).) "Causes of action are separate assets which must be formally listed…. Simply listing the underlying asset … arises is not sufficient." (Cusano v. Klein (9th Cir. 2001) 264 F.3d 936, 945.) Plaintiff alleges that the bankruptcy trustee abandoned the property underlying the breach of contract claim, so the cause of action has reverted to Plaintiff. (See Fourth Amended Complaint (4AC), ¶ 21.) But the issue is not whether the trustee