Arthur C. Brincat - Page 4




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               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 the                






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