James R. Dooley
How Judge Dooley rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Dooley no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Dooley decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A foreclosure sale could be unwound when a deeply inadequate price was compounded by a material error in the property description.
“the gross misdescription of the property coupled with the gross inadequacy of price is sufficient to set aside the trustee’s sale under California’s foreclosure law.”
Procedural preferences
Contemporaneously executed franchise documents were read together when they governed one integrated commercial relationship.
“These writings together control the franchises and relationship between the parties.”
Cautions
A missed filing deadline was not excused where counsel knew of the bankruptcy but delayed consulting a specialist for months.
“No reasonable basis has been shown for his inaction from early August 1978 to late November 1978.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The court has concluded that Shell Oil’s Application to Compel the Debtor to Surrender the Non-residential Real Properties should be denied for the following reasons:”
The court found no timely lease assumption or option exercise, but reserved waiver and equitable-relief questions for an evidentiary hearing.
“this court concludes that Marturano was a customer of Gibralco”
“Bonanno was a customer of Gibralco”
“the relief prayed for by Melodie in her motion should in substance be granted”
“the referee appointed by the Superior Court should be excused from complying with 11 U.S.C. § 543 at this time”
“the automatic stay of 11 U.S.C. § 362(a) should be modified so that Superior Court Case No. C 350396 may proceed, both in the trial court and on appeal.”
“this court declines to modify the automatic stay to allow the fine to be collected out of the assets of the debtor estate”
“This court concludes that the bankrupt is entitled to the $30,000 homestead exemption which went into effect on January 1, 1977”
“defendant’s debt to plaintiffs is not rendered nondischargeable pursuant to Section 17(a)(4).”
The judge proposed a money judgment and rejection of the defendant's setoff, but the district court's adoption was not verified.
“Judgment should be entered in favor of the plaintiff and against the defendant for the sum of $5,500.00 plus interest on the latter sum at 7% per annum from December 8, 1976 until judgment is entered.”
“The court will therefore allow a homestead exemption of $28,965.85.”
“This court concludes that judgment should be entered in favor of the defendant and against the plaintiff, denying the relief prayed for in plaintiff’s complaint and determining that defendant’s debt to plaintiff is dischargeable in bankruptcy.”
“For the reasons which follow, the court answers this question in the negative.”
A historical record
Judge Dooley no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.