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IN RE PAJARO DUNES RENTAL AGENCY, INC.

Bankruptcy No. 91-53976-ASW, Adv. No. 92-5006.

142 B.R. 383 (1992)

In re PAJARO DUNES RENTAL AGENCY, INC., Debtor. PAJARO DUNES RENTAL AGENCY, INC., a California Corp., dba Monterey Bay Caterers, Plaintiff, v. Laurence L. SPITTERS, Trustee for eight irrevocable trusts of children of Laurence L. Spitters; Laurence Spitters, an individual, Defendant.

United States Bankruptcy Court, N.D. California.

June 24, 1992.

Attorney(s) appearing for the Case

Scott O. Smith, Richard G. Avila, Jerry A. Hager, Smith & Smith, Dennis B. Arnold, Gibson, Dunn & Crutcher, San Jose, Cal., for Spitters.

Craig K. Welch, Welch, Olrich & Mori, San Francisco, Cal., for debtor.

James D. Sumner, San Jose, Cal., for Porter Dry Properties, Ltd., a minority shareholder of PDRA.

DECISION

ARTHUR S. WEISSBRODT, Bankruptcy Judge.

This matter came before the Court on the motion by creditor and defendant Laurence L. Spitters, Trustee, and Laurence L. Spitters, individually ("Spitters"), to dismiss the Fifth Claim For Relief in this adversary proceeding brought by the debtor, Pajaro Dunes Rental Agency ("PDRA"). PDRA's Fifth Claim For Relief seeks to have Spitters' deed of trust on PDRA's real property declared void. PDRA opposed Spitters...

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