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Real Property
Failure to Pay

Santa Clara County Board of Education v. Walter Charles Weis

Published: Mar. 1, 2014 | Result Date: Jan. 28, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 1-12-CV-237595 Settlement –  $13,400

Court

Santa Clara Superior


Attorneys

Plaintiff

Benjamin C. Rosenbaum


Defendant

Gregory L. McCoy


Facts

Charles Weis was the former Superintendent of the Santa Clara County Office of Education. When Weis was hired, the Board of Education gave him a housing loan so he could move to a new residence in the county. Weis used the loan to purchase a condo in San Jose, and provided the Board with a promissory note.

The county later sued Weis to recover the property, after he had retired as Superintendent.

Contentions

PLAINTIFF'S CONTENTIONS:
The County sued to enforce the terms of the promissory note, arguing that it was entitled to recover the property to recoup its investment.

DEFENDANT'S CONTENTIONS:
Weis contended that the county's only recourse was to seek recovery of the property, and that the county could not recover against him in his personal capacity.

Result

The parties settled. Weis agreed to turn over the property, and to pay $13,400 to facilitate the transfer.

Other Information

FILING DATE: Dec. 11, 2012.


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