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RESOLUTION TRUST CORP. v. LIEBERT

No. SA CV 93-256 GLT [JJG].

871 F.Supp. 370 (1994)

RESOLUTION TRUST CORPORATION, as Receiver for Westport Federal Savings Bank, Plaintiff, v. Sandra E. LIEBERT, et al., Defendants.

United States District Court, C.D. California.

December 6, 1994.

Attorney(s) appearing for the Case

Jeffrey S. Benice, Anton M. Rosandic, Benice & Associates, Irvine, CA, and D. Curtis Webster, and Kay V. Gustafson, Gustafson & Webster, Tustin, CA, for plaintiff.

Rosen Law Firm, Peter K. Rosen and Wendy J. Phillippay, Los Angeles, CA, for defendants.

ORDER ON MOTION FOR RECONSIDERATION

TAYLOR, District Judge.

Rejecting the majority trend of District Court authority, the court holds that, for purposes of FIRREA, the federal "no duty" rule does not survive the Supreme Court's O'Melveny decision, and does not apply to post-FIRREA suits. The court also holds that, despite California's rule against transfer of punitive damages claims, the RTC succeeds to the punitive damages claim of a bank it takes...

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