- 4 - On October 26, 1988, Arthur, as president of Magna Carta, transferred $49,000 of the $60,000 initial deposit to the trust. On January 26, 1989, Magna Carta received $350,000 from the sale of the building, and Arthur transferred $272,100 of the proceeds to the trust. On that same date, $135,550 was transferred from the trust to Edgar. From January 26 through February 2, 1989, Arthur was transferred $136,550 from the trust. Arthur, as president of Magna Carta, assigned the $568,064 note to the trust. Edgar’s involvement with the trust and Magna Carta was nominal and without knowledge of the legal nuances. Before Victor’s death, the State of California brought an action against Victor in which the State court held that Victor used Magna Carta’s assets for his own benefit and that Magna Carta was his alter ego. After Victor’s death and the sale of the building, the California attorney general’s office filed a complaint seeking a dissolution of Magna Carta and the appointment of a receiver. Arthur and Edgar were named in the complaint as defendants, both individually and as co-trustees of the trust. On November 30, 1989, the Colusa County Superior Court (the court) granted a summary adjudication, holding that the transfer of at least the $272,100 by Arthur to the trust was a nullity as a matter of law and that all transfers of money from the sale of the building were property of Magna Carta. It was argued that Victor had lent money to Magna Carta and that thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011