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CONFIDENTIAL

Oct. 24, 1998

Banking
Breach of Contract
Note

Confidential

Settlement –  $40,000

Judge

Charles W. McCoy Jr.

Court

L.A. Superior Central


Attorneys

Plaintiff

Holly Metzler Walker


Defendant

Thomas M. Comparet


Facts

On Feb. 5, 1991, the defendant trust, by and through the defendant trustee, entered into a promissory note ("the Note") with a thrift & loan in the principal amount of $175,000. To secure payment and performance of the Note, the defendant trustee executed an absolute and unconditional guaranty limited to the principal amount of $175,000. On Aug. 13, 1993, the Note was amended and modified to the principal sum of $77,000 with the consent of the guarantor. Thereafter, on Oct. 15, 1993, the State of California closed the thrift & loan and immediately appointed the Federal Deposit Insurance Corporation ("FDIC") as Receiver. The FDIC sold, transferred and assigned all rights, title and interest in the Note and security to plaintiff, a Delaware limited partnership. The plaintiff brought this action against the defendants for breach of contract and enforcement of personal guaranty. During the litigation, the obligation was transferred and assigned to a California Corporation, which proceeded with the litigation against the defendants.

Settlement Discussions

The plaintiff made an initial settlement demand for $60,000. The defendant made an offer of $5,000 (payable in increments)

Injuries

The plaintiff claimed damages in the principal sum of $73,928.79, plus accrued interest at the default rate, in the sum of $80,591.62 and late charges in the sum of $8,628.92.

Other Information

The settlement was reached approximately five months after the case was filed.


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