IN RE KUNZ

GLEN CLARK, Chief Judge

The Motion of the Chapter 7 Trustee to establish certain findings of fact and conclusions of law from the Court's prior Order on Motion for Partial Summary Judgment came on for hearing on September 5, 2007. Jeremy Sink, McKay, Burton Thurman, appeared on behalf of the Trustee. United Security Bank appeared through Don J. Pool, The Law Firm of Pool.

The Court finds the case of Ornellas v. Oakley, et al., 618 F.2d 1351 (9th Cir. 1980), persuasive. The previous Order granting Partial Summary Judgment was reversed and remanded for further proceedings. The Court will not treat the findings of fact or conclusions of law made in connection with the February 24, 2005 hearing as res judicata or collateral estoppel in any future proceeding in this case.

ACCORDINGLY,

The Trustee's Motion to establish findings of fact and conclusions of law as undisputed is DENIED.

The below described is SIGNED.