Arthur C. Brincat - Page 9




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          Department of Educ. v. Magna Carta Univ., No. 287846 (Cal. Super.            
          Ct. Aug. 14, 1986), involved Victor and his relationship to Magna            
          Carta.  In that proceeding, it was held that Victor “used the                
          * * * assets of Magna Carta for the personal benefit of himself              
          and his family” and accordingly that Magna Carta was Victor’s                
          alter ego.  The second proceeding, Van De Kamp v. Magna Carta                
          Univ., No. 17526 (Cal. Super. Ct. Apr. 9, 1990), addressed the               
          very question we consider in this proceeding:  Who was entitled              
          to the proceeds from the sale of the building?  In the second                
          case, the superior court again held that Magna Carta was the                 
          alter ego of Victor and that the transactions (loans) between                
          Victor and Magna Carta were “a nullity as a matter of law, and               
          that those transactions cannot be relied upon by * * * [Arthur               
          and Edgar]”.  The court further held that “all money transferred             
          by Arthur C. Brincat to the Victor Victory Trust from the down               
          payment of $410,000 is the property of Magna Carta University”.              
          The California Court of Appeals for the Third District affirmed              
          the holdings in the second case and also held that Arthur and                
          Edgar were in privity with Victor in connection with Victor’s                
          earlier proceedings and were collaterally estopped from                      
          relitigating issues in the earlier cases.                                    
               The effect of these holdings negates even the possibility               
          that petitioners’ funds were inheritances received from the                  
          trust.  The requisites for collateral estoppel have been met in              






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