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CONFIDENTIAL

Jul. 13, 1996

Real Property
Pension Plan

Confidential

Settlement –  $150,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Thomas E. Musselman


Defendant

Daniel R. Barbakow


Facts

On May 16, 1985, defendant Ishikawa's pension plan made the plaintiff, Charles S. Liebman, a $115,000 loan which was renewed at maturity with new notes on May 25, 1986 and May 25, 1990. The plaintiff and the defendant had the same accountant. The accountant referred the plaintiff to a lawyer previously used by the defendant. The lawyer's real estate license expired before the last renewal. The loan was paid off on March 7, 1995 with a $106,002.74 payment. The funds were obtained from a new loan from the defendant but documented by a new licensed agent. The plaintiff brought this action against the defendant based on ____________________ theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $190,000. The defendant made a C.C.P. º998 offer of compromise for $66,702.47.

Damages

The plaintiff claimed between _______________.

Injuries

$66,702.47 to $469,875.96 (depending on inclusion of attorney's fees, the number of usurious notes and whether treble damages were awarded.)

Other Information

The settlement was reached approximately ____ years and ____ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19___ before _____________________ (name) of ___________________________ (affiliation or court) resulting in ___________________________.


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