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LORENZ v. SAUER

Nos. 85-6322, 85-6323.

807 F.2d 1509 (1987)

M. James LORENZ, Trustee, Plaintiff-Appellant, v. Paul L. SAUER, et al., Real Party in Interest, Commissioner of Real Estate State of California, Defendant-Appellee. M. James LORENZ, Trustee, Plaintiff-Appellant, v. Mark W. RIEDEL, et al., Real Party in Interest, Commissioner of Real Estate, State of California, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 15, 1987.

Attorney(s) appearing for the Case

David P. Curnow, Sullivan, McWilliams, Lewin, Markham & Disner, San Diego, Cal., for plaintiff-appellant.

Neal J. Gobar, Deputy Atty. Gen., San Diego, Cal., for defendant-appellee.

Before ANDERSON, POOLE, and THOMPSON, Circuit Judges.

POOLE, Circuit Judge:

M. James Lorenz, the Trustee of Coastal Equities, Inc., applied for payment from the California Real Estate Recovery Fund ("Recovery Fund") to satisfy judgments he obtained against real estate salesmen Paul Sauer and Michael Riedel. Pursuant to an assignment by several defrauded investors of their rights, Lorenz sued Sauer and Riedel and obtained judgments against them for negligent misrepresentation in connection with their sale of fractionalized...

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