Garlock

Garlock v. Thomas

Good Law
575 B.R. 913
United States District Court, Northern District of CaliforniaJuly 31, 2017Case No. 16-cv-06052-RSCalifornia5,145 words

Opinion

Lead Opinion

Seeborg, J.

ORDER AFFIRMING BANKRUPTCY COURT

I. INTRODUCTION

Defendant-appellant William F. Garlock appeals the Bankruptcy Court’s judgment for appellees and the order denying his motion to amend that judgment. For the reasons that follow, both decisions are affirmed.

II. BACKGROUND

In September 2007, plaintiff-appellees Ella Thomas and Dan Bruñe invested in a two-parcel retail mall located at 495-491 Oro Dam Boulevard in Oroville, California, known as the Feather River Village property. Garlock marketed the property to prospective investors in a marketing brochure, as well as in a confidential private placement memorandum, which outlined specific details of the investment and characteristics of the property. Included in these materials were representations that the property was 94-percent leased, that there was an income producing easement across the property; that the property was worth $10 million, and that there was a 30-year, interest-only loan with Bank of the *916 Orient on the property. In 2008, according to Thomas and Bruñe, Garlock stopped making mortgage payments and the property went into foreclosure. The Oroville investors, including Thomas and Bruñe, allegedly lost a…

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