Silver Lakes Association v. R.E.T.D. Services Inc.
Published: Jun. 24, 2000 | Result Date: Mar. 27, 2000 | Filing Date: Jan. 1, 1900 |Case number: RCV43363 Bench Decision – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Facts
According to the defendant: The plaintiff was Silver Lakes Association, a California non-profit mutual benefit
corporation. The defendants were R.E.T.D. Services Inc. (RETD), Reeflane Estates Inc. (Reeflane), Royal
Vacation Resorts Inc. (RVR), Data House Inc., William Bunch and Norman Cook.
The plaintiff sought collection of past due assessments from defendants for causes of action based on
fraudulent transfers.
Defendants brought a motion for summary judgment whereby defendants won a judgment against plaintiff as
to the first and second causes of action for declaratory relief based on fraudulent transfers.
The remaining causes of action were breach of contract, open book account and account stated against
defendant Data House. The sixth and seventh causes of action were for judicial foreclosure and foreclosure of
an equitable lien.
Plaintiff subsequently dismissed defendants RETD, Reeflane and RVR as to the sixth and seventh causes of
action. Defendant William Bunch was the only remaining defendant. At trial, the only issue was whether or not
Bunch was the alter ego of Data House.
Other Information
According to the defendant: On Dec. 21, 1999, summary judgment was granted in favor of defendants RETD, Reeflane and RVR against plaintiff. Defendant Data House was not represented by counsel and a default judgment was entered against Data House. Defendant Cook filed bankruptcy. Defendant RETD, Reeflane and RVR have filed a motion to determine attorney fees and costs pursuant to the favorable motion for summary judgment and dismissal of the parties by plaintiff. In addition, defendants have filed a motion to determine defendants as prevailing parties based on the failure to accept the C.C.P. Section 998 offer.
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