Fed. Deposit Ins. Corp. v. Superior Court of L.A. Cty.

The Federal Deposit Insurance Corporation (FDIC), as receiver for Mercury Federal Savings & Loan Association (Mercury), petitions for a writ of mandate directing the superior court to vacate its order granting the motion for summary adjudication of issues made by real parties in interest BMB Properties, a general partnership, and two of its general partners, David Beroukhim and Baroukh Beroukhim (hereafter, collectively, BMB). Summary adjudication was granted in BMB’s favor as to three of five causes of action in a lawsuit brought against BMB by the FDIC, and as to four of five causes of action in a separate lawsuit brought by BMB against Mercury, which was consolidated with the FDIC’s action.

The FDIC’s lawsuit was brought to recover sums which Mercury loaned in 1984 to David and Joseph Melamed (the Melameds), former members of the BMB partnership, who claimed they were still partners. The loan was made in reliance upon a guarantee purportedly executed by BMB, and upon two deeds of trust on BMB real property. BMB’s action was brought to invalidate the guarantee and trust deeds.

Summary adjudication was granted in BMB’s favor because: (1) it was undisputed that the…