- 9 - 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 inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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