Introduction: Plaintiffs Aaric and Rebecca Wall (“Plaintiffs”) bring this action against Defendant Seila Kong (“Kong”) and his then-employer Weckworth Electrical Group, Inc. (“Cross-Complainant” or “Weckworth”) for personal injuries and loss of consortium arising out of a motor vehicle accident on Highway 4 west of Stockton on January 24, 2019. Kong demurs to Plaintiffs’ operative First Amended Complaint (“FAC”) and Weckworth’s indemnity cross-complaint on the grounds that both are barred by the Chapter 7 ‘no asset’ discharge Kong obtained after the accident. 11 U.S.C. § 727. Plaintiffs’ FAC seeks punitive damages and Plaintiffs and Cross-Complainant assert that if it is established that Plaintiffs’ injuries resulted from Defendant’s intentional and malicious actions in driving his vehicle, such damages would be excepted from nondischargeability under 11 U.S.C. § 523(a)(6). Opposing parties offer no evidence that they obtained relief from the automatic bankruptcy stay or Kong’s Chapter
Hearing Date
March 30, 2021
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Introduction: Plaintiffs Aaric and Rebecca Wall (“Plaintiffs”) bring this action against Defendant Seila Kong (“Kong”) and his then-employer Weckworth Electrical Group, Inc. (“Cross-Complainant” or “Weckworth”) for personal injuries and loss of consortium arising out of a motor vehicle accident on Highway 4 west of Stockton on January 24, 2019. Kong demurs to Plaintiffs’ operative First Amended Complaint (“FAC”) and Weckworth’s indemnity cross-complaint on the grounds that both are barred by the Chapter 7 ‘no asset’ discharge Kong obtained after the accident. 11 U.S.C. § 727. Plaintiffs’ FAC seeks punitive damages and Plaintiffs and Cross-Complainant assert that if it is established that Plaintiffs’ injuries resulted from Defendant’s intentional and malicious actions in driving his vehicle, such damages would be excepted from nondischargeability under 11 U.S.C. § 523(a)(6). Opposing parties offer no evidence that they obtained relief from the automatic bankruptcy stay or Kong’s Chapter