Fourth Investment LP v. United States of America

Plaintiff: Fourth Investment LP
Defendant: United States of America
 
Case Number: 3:2008cv00110
Filed: January 18, 2008
 
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Referring Judge: Barbara Lynn Major
Presiding Judge: Barry Ted Moskowitz
 
Nature of Suit: Tax Suits: IRS-Third Party
Cause of Action: 26:7426 IRS: Wrongful Levy for Taxes
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
August 5, 2011 161 Featured Case Findings of Fact and Conclusions of Law. Defendants Rule 50 motion on this issue is Denied. The Court finds in favor of the United States and against Plaintiffs Leeds Lp and Fourt Investment LP. Signed by Judge Barry Ted Moskowitz on 8/5/11. (ecs)
June 1, 2010 81 Featured Case ORDER Granting in part and Denying in part 56 Motion to Strike Witnesses and Exhibits. The Court orders Plaintiff to make the Fourth Ave. and McCall Street properties available for photographing by the United States within thirty days of the filing of this order. The Court also orders Plaintiff to produce its title report within thirty days of the filing of this order. Signed by Judge Barry Ted Moskowitz on 6/1/10. (vet) (jrl).
August 4, 2010 98 Featured Case ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT AND MOTION TO AMEND COMPLAINT. The Court GRANTS Defendant's 58 Motion for Summary Judgment. The Court grants summary adjudication in favor of the United States on the following claims and issues: eq uitable estoppel, statute of limitations, proper notice and demand, Rhodes' and Hemet C's status as subsequent purchasers, repudiation of a resulting trust, and limiting the value of the tax lien. The Court, however, holds that there is a g enuine dispute of material fact regarding Plaintiff's status as a subsequent purchaser. The Court DENIES Plaintiff's 59 Motion for Summary Judgment in its entirety. The Court DENIES as moot Plaintiff's 74 Motion for Leave to File a Second Amended Complaint. Signed by Judge Barry Ted Moskowitz on 8/4/10. (jer)

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Plaintiff: Fourth Investment LP
Represented By: William P Shannahan
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Defendant: United States of America
Represented By: U S Attorney CV
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