Richard M. Pachulski v. Topa Thrift and Loan Association Peoples Investment and Loan Association

947 F.2d 950 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard M. PACHULSKI, Plaintiff-Appellee, v. TOPA THRIFT AND LOAN ASSOCIATION; Peoples Investment and Loan Association, Defendants-Appellants. No. 90-56159. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1991. * Decided Oct. 29, 1991. Before POOLE, KOZINSKI and LEAVY, Circuit Judges. 1 MEMORANDUM ** I. OVERVIEW 2 Richard M. Pachulski (Pachulski), the trustee in bankruptcy for debtor, Douglas D. Gross (Gross), sued TOPA Thrift & Loan Assn. (TOPA) claiming breach of fiduciary duty, the duty of good faith and fair dealing, fraud, RICO violations, conspiracy, and for cancellation of a trustee's deed, held by TOPA. After obtaining a summary judgment in its favor, TOPA sought to recover attorneys' fees from Pachulski under a clause in the loan agreement with Gross. 3 The district court denied TOPA's motion. TOPA now appeals. WE AFFIRM. II. BACKGROUND 1 4 Gross owned a single-family residence…