City of Los Angeles v. Mithaiwala CA2/5
Defendant and Appellant Tina Mithaiwala (Tina) challenges the trial court’s order for (1) nonrestitutionary disgorgement of profits from investments she made with $8.25 million wrongfully taken from a corporation formerly controlled by her spouse, his daughter, and the daughter’s husband and (2) the sale of her family home (Braewood Court). The court-appointed receiver for the corporation obtained the order to pay approved creditor claims.
Tina contends the $8.25 million was an interest-free loan to her; she was not a “conscious wrongdoer” who may be deprived of profits realized from her successful investment strategies; and the receiver failed to establish the necessity to apply the funds, including equity in Braewood Court, to defray creditor claims. We affirm on the merits as to the first two contentions and find Tina forfeited the third for failing to raise it in the trial court.
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