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MRW, INC. v. BIG-O TIRES, LLC

No. CIV. S-08-1732 LKK/DAD.

684 F.Supp.2d 1197 (2010)

MRW, INC., a California corporation; and 500 Luther Road LLC, a California limited liability company, Plaintiff, v. BIG-O TIRES, LLC, a Nevada limited liability company; CIT Small Business Lending Corporation, a Delaware corporation; and Does 1 through 50, inclusive, Defendants.

United States District Court, E.D. California.

January 14, 2010.

Attorney(s) appearing for the Case

Oliver R. Gutierrez, Law Offices of Oliver R. Gutierrez, Redwood City, CA.

Andrew Scott Mackay, Donahue, Gallagher, Woods LLP, Oakland, CA, Harold R. Bruno, III, Zachary P. Mugge, Phv, Robinson Waters & O'Dorisio, PC, Denver, CO, Brian Richard Blackman, Sheppard, Mullin, Richter & Hampton LLP, San Francisco, CA, Ruben David Escalante, Scott B. Lieberman, Sheppard Mullin, Costa Mesa, CA, for Defendants.

ORDER

LAWRENCE K. KARLTON, Senior District Judge.

Plaintiffs in this suit are two business entities, MRW, Inc. and 500 Luther Rd., LLP. Plaintiffs took a loan from defendant CIT Small Business Lending Corp. ("CIT"). This loan was guaranteed by four members of the Platner family, who in turn owned and controlled plaintiffs. Plaintiffs sued CIT for fraud and breach of fiduciary duty in connection with this loan. CIT filed a third party complaint against...

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