Filed 2/7/07 Banyan Limited Partnership v. Baer CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Enterprise Counsel Group, David A. Robinson and Benjamin P. Pugh for Defendant and Appellant.
Dressler & LaViña, Thomas W. Dressler; Law Offices of Dennis Hartmann and Dennis Hartmann for Plaintiffs and Respondents.
This case involves rather murky business dealings of Dan W. Baer and David H. Tedder, who was an attorney. In the mid-1980s, the two formed a joint venture (the Joint Venture) in which they marketed â€
Description
This case involves rather murky business dealings of Dan W. Baer and David H. Tedder, who was an attorney. In the mid 1980s, the two formed a joint venture (the Joint Venture) in which they marketed "asset protection" and estate planning services to Tedder's high wealth clients. The Joint Venture's profits (as well as proceeds from various loans made to the Joint Venture by Baer's offshore corporation and from client accounts controlled by Tedder) were then used to acquire real estate for investment. In the mid-1990s, the partners' relationship soured, and litigation between them and former clients has been ongoing since 1996. The Joint Venture's assets, mainly the real estate, are currently being managed and controlled by Baer.
This appeal involves only one issue: whether the trial court abused its discretion by appointing a receiver pursuant to Code of Civil Procedure section 564 to manage the remaining assets of the Joint Venture while it winds down. The appellant, Baer, argues appointment of a receiver was inappropriate because his personal equity in the remaining real property assets was more than sufficient to satisfy any judgments against him for any of his alleged misdeeds in managing the assets. Court find no abuse of discretion and affirm the order.
