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HASSO v. HAPKE

Nos. G047495, G047588.

227 Cal.App.4th 107 (2014)

173 Cal. Rptr. 3d 356

RONALD HASSO, as Trustee, etc., Plaintiff and Appellant, v. JOHN HAPKE, Defendant and Appellant; CHARLES FISH INVESTMENTS, INC., et al., Defendants and Respondents. RONALD HASSO, as Trustee, etc., Plaintiff and Appellant, v. ROCKWATER AMERICAN MUNICIPAL FUND, LLC, et al., Defendants and Appellants.

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

June 19, 2014.

Attorney(s) appearing for the Case

Winget, Spadafora & Schwartzberg, Brandon S. Reif , Marc S. Ehrlich and Kelsey L. Hotchkiss for Plaintiff and Appellant.

Robert D. Feighner for Defendants and Appellants Rockwater American Municipal Fund, LLC, Rockwater Municipal Advisors, LLC and Bryan Williams.

Brown Rudnick, Joel S. Miliband and Stephen R. Cook for Defendant and Appellant John Hapke.

Krause, Kalfayan, Benink & Slavens, Vincent D. Slavens and Mary K. Wyman for Defendants and Respondents Charles Fish Investments, Inc., and Charles Fish.

OPINION

MOORE, J. —

As they say, timing is everything. In August 2007, the initial trustee of two family trusts invested millions in the Rockwater American Municipal Fund, LLC (RAM Fund) — a hedge fund engaged in municipal arbitrage.1 The RAM Fund was managed by Rockwater Municipal Advisors, LLC (RMA), its managing member. In November 2007, Charles Fish...

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