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OLDHAM v. CALIFORNIA CAPITAL FUND, INC.

No. F040652.

134 Cal.Rptr.2d 744 (2003)

109 Cal.App.4th 421

Ernest N. OLDHAM, Individually and as Trustee, etc., Plaintiff and Respondent, v. CALIFORNIA CAPITAL FUND, INC. et al., Defendants and Respondents, Columbus and Chester, Partnership, Claimant and Appellant.

Court of Appeals of California, Fifth District.

June 3, 2003.

Attorney(s) appearing for the Case

Dessy & Dessy and Ronald D. Dessy, Bakersfield, for Claimant and Appellant.

Perlman Duncan, Scott D. Perlman and James M. Duncan, Bakersfield, for Plaintiff and Respondent.

Borton, Petrini & Conron, Gael G. Mueller and Michael S. Abril, Bakersfield, for Defendants and Respondents.

Certified for Partial Publication.*

OPINION

GOMES, J.

A judgment creditor filed a lien under Code of Civil Procedure section 708.410 against a pending lawsuit brought by the judgment debtor. The judgment debtor and the defendants subsequently agreed to settle that lawsuit with a payment by the defendants of $75,000 in cash, a transfer of interests in real property, and a payment by the defendants of the taxes past due...

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