In re Pajaro Dunes Rental Agency, Inc.

46 F.3d 1143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re PAJARO DUNES RENTAL AGENCY, INC., a California Corporation, dba Monterey Bay Caterers, Debtor. Laurence L. SPITTERS, Trustee for Eight Irrevocable Trusts of Children of Laurence L. Spitters, and Laurence Spitters, an Individual, Plaintiff-Appellant, v. PAJARO DUNES RENTAL AGENCY, INC., Defendant-Appellee. No. 93-16180. United States Court of Appeals, Ninth Circuit. Argued and Submitted: Dec. 15, 1994. Decided: Jan. 12, 1995. Before: HUG, CANBY and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Spitters loaned $1 million to Pajaro Dunes and HB&K. The Kelleys, who owned all the stock of HB&K, gave a deed of trust to Spitters on real estate they owned, to secure the note. The money was used to build an office building on the land which was the subject of the deed of trust. After the note went into default, the Kelleys transferred the real estate to Pajaro Dunes. Spitters sued Pajaro Dunes, HB&K, and…