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GOTTLIEB v. KEST

No. B178729.

46 Cal.Rptr.3d 7 (2006)

141 Cal.App.4th 110

Richard K. GOTTLIEB, Plaintiff, Cross-defendant and Appellant, v. Michael KEST, Individually and as Trustee, etc., Defendant, Cross-complainant and Respondent.

Court of Appeal of California, Second District, Division One.

July 10, 2006.

Attorney(s) appearing for the Case

Tesser & Ruttenberg and Brian M. Grossman, Los Angeles, for Plaintiff, Cross-defendant and Appellant.

Raymond L. Asher, Los Angeles, for Defendant, Cross-complainant and Respondent.

MALLANO, J.

In this action, plaintiff alleged that defendant, a coparticipant in a real estate venture, breached the parties' agreement to fund the project, causing plaintiff to lose the deal. Defendant filed a cross-complaint against plaintiff and plaintiff's companies, contending they had fraudulently obtained funds from him to pursue the deal. Plaintiff answered the cross-complaint. But plaintiff's companies, which had no assets, defaulted. The ensuing default...

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