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HABERBUSH v. CHARLES CUMMINS FAMILY L.P.

No. B175947.

43 Cal.Rptr.3d 814 (2006)

139 Cal.App.4th 1630

David R. HABERBUSH, as Assignee, etc., Plaintiff and Appellant, v. CHARLES AND DOROTHY CUMMINS FAMILY LIMITED PARTNERSHIP, Defendant and Appellant, David R. Haberbush, as Assignee, etc., Plaintiff and Respondent, v. Barry L. Vantiger, Defendant and Appellant, David R. Haberbush, as Assignee, etc., Plaintiff and Respondent, v. Gemmel Pharmacy Group, Inc., Defendant and Appellant.

Court of Appeals of California, Second District, Division Eight.

May 31, 2006.

Attorney(s) appearing for the Case

Moneymaker & Moneymaker and Richard M. Moneymaker, Los Angeles, for all Defendants and Appellants.

SulmeyerKupetz, Alan G. Tippie and Marcus A. Tompkins, Los Angeles, for Plaintiff and Appellant and for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION.*

SUMMARY**

BOLAND, J.

These consolidated appeals involve an assignment for the benefit of creditors. The assignee brought three lawsuits, under Code of Civil Procedure section 1800, to avoid and recover preferential transfers. In the published portion of this opinion, we disagree with the majority opinion in Sherwood Partners, Inc. v. Lycos, Inc...

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