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WILSON v. HYNEK

No. D057620.

207 Cal.App.4th 999 (2012)

144 Cal. Rptr. 3d 4

ROBERT W. WILSON et al., Plaintiffs and Appellants, v. BRIAN HYNEK et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

June 20, 2012.

Attorney(s) appearing for the Case

Law Offices of Charles D. Nachand, Charles D. Nachand and Richard B. Hudson for Plaintiffs and Appellants.

Adleson, Hess & Kelly, Phillip M. Adleson and Lisa J. Parrella for Defendants and Respondents Brian Hynek and Gayl Hynek.

Kirby & McGuinn, Dean T. Kirby, Jr. , and Martin T. McGuinn for Defendants and Respondents Polo Investments Funds, LLC, Polo Investment Fund No. 1, LLC, Coast Capital Mortgage Company and Coast Capital Income Fund, LLC.

Richard J. Vattuone and Stephen M. Shaw for Defendant and Respondent U. S. Financial, LLP.

OPINION

NARES, Acting P. J. —

This action arises out of a loan to a real estate development property company, Pergola, a Nevada LLC controlled by plaintiff Robert W. Wilson. The loan was secured by a deed of trust on undeveloped land owned by Wilson's company and a deed of trust on a residence owned by Wilson and his wife, plaintiff Sharon Wilson (together, the Wilsons). Defendant Coast Capital Mortgage Company (Coast), a licensed real...

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