Colapinto v. Stoll CA4/2
Peter and Adele Stoll separately appeal a judgment in favor of Gerald Colapinto, plaintiff, for cancelation of an instrument and breach of contract. Boiled down to its essence, plaintiff arranged for the assignment of his promissory note and deed of trust held by his former attorney to defendant Peter Stoll (Peter) , a disbarred attorney who had advised plaintiff on legal and tax matters for many years. After re-assigning the benefits of the note and deed of trust to himself and his wife, Adele, Peter executed a full reconveyance of the deed of trust to plaintiff, which was not promptly recorded. Later, when defendant demanded from plaintiff, and was denied, funding for a business venture he claimed plaintiff had promised earlier, Peter and Adele commenced foreclosure proceedings against plaintiff. Following a court trial, judgment was rendered in favor of plaintiff and each defendant appeals separately.
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