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NEMAN v. COMMERCIAL CAPITAL BANK

No. B208164.

173 Cal.App.4th 645 (2009)

___ Cal.Rptr.3d ___

TONY NEMAN, Plaintiff and Appellant, v. COMMERCIAL CAPITAL BANK, Defendant and Respondent.

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

April 29, 2009.

Attorney(s) appearing for the Case

Mink Law Firm and Lyle R. Mink for Plaintiff and Appellant.

Allen Matkins Leck Gamble Mallory & Natsis, David R. Zaro and Joshua A. del Castillo for Defendant and Respondent.

OPINION

TURNER, P. J. —

I. INTRODUCTION

In 1989, Congress enacted the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, which is often referred to by the acronym FIRREA, and is codified at title 12 United States Code section 1821(d) (the act). The act was designed to provide for takeovers of failed federally insured banking institutions. And the act was designed to provide a smooth mechanism for the rehabilitation...

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