Bank of California v. Pan American Tire Corp.

Defendants Richard Landof and Pan American Tire Corporation (Pan American Corp.) appeal from a judgment entered against them in excess of $670,000 after the grant of plaintiff Bank of California’s motion for summary judgment. The principal question is whether Landof s prior conviction of conspiracy conclusively established defendants’ liability in this civil action.

I

The first amended complaint filed by the Bank of California (Bank-Cal) against these defendants also named as defendant David Glassman, the former operations manager of its San Leandro branch. The first cause of action alleged that the defendants conspired to convert a sum in excess of $800,000, which was paid to the account of Pan American Corp. In other causes of action, BankCal alleged breaches of contract and of implied contract, and sought imposition of a constructive trust. A default judgment in the amount of $670,230.23 was entered against defendant Glassman.

Plaintiff BankCal then moved for summary judgment or partial summary judgment against defendants Landof and Pan American Corp., on the ground that according to principles of collateral estoppel, Landofs prior conviction in federal court of…