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FULS v. SHASTINA PROPERTIES, INC.

No. C-77-1000-CBR.

448 F.Supp. 983 (1978)

Otto P. FULS and Elva Fuls, his wife, Plaintiffs, v. SHASTINA PROPERTIES, INC., a California Corporation, Beverly Enterprises, a California Corporation, Shastina Realty, Inc., a California Corporation, Golden West Associates, Inc., a California Corporation, Diversified Mortgage Investors, a Business Trust, Continental Mortgage Investors, a Massachusetts Business Trust, Continental Investment Corporation, a Massachusetts Corporation, Diversified Advisers, Inc., a Florida Corporation, Mortgage Consultants, Inc., a Florida Corporation, Mountain Home Properties, Ray West, T. J. Bettes Company of New England, Inc., Ten Weed Corp., a California Corporation and Mount Shasta Title and Escrow Company, a substituted trustee, Defendants.

United States District Court, N. D. California.

February 17, 1978.

Attorney(s) appearing for the Case

William K. Wilburn, San Jose, Cal., for plaintiffs.

John E. Carne, Crosby, Heafey, Roach & May, Oakland, Cal., for defendants Shastina Properties, Inc. and Shastina Realty, Inc.

Morton G. Rosen, Fulop, Rolston, Burns & McKittrich, Beverly Hills, Cal., for defendant Diversified Mortgage Investors.

Stephen P. Harbison, Argue, Freston & Myers, Los Angeles, Cal., for defendants Beverly Enterprises and Golden West Associates, Inc.

MEMORANDUM OF OPINION

RENFREW, District Judge.

This action arises out of plaintiffs' purchase of three parcels of real property in a recreational subdivision known as "Lake Shastina." Plaintiffs have alleged violations of Section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b-5 thereunder, violations of the Interstate Land Sales Full Disclosure Act ("ILSFDA"), 15 U.S.C. § 1703(a)(2), violations of the California...

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