United States Bankruptcy Court, C.D. California July 23, 1993, Bankruptcy No. SA 90-08948 JR, Adv. No. SA 93-1026 JR (Marshack v. Tapager (In Re Motivation Resources, Inc.))

MEMORANDUM OPINION

JOHN E. RYAN, Bankruptcy Judge.

INTRODUCTION

On May 25, 1993, Defendant, the Federal Deposit Insurance Corporation (the “FDIC”) as receiver for Mission Viejo National Bank, and the Plaintiff, Richard Mar-shack, Chapter 7 trustee for Motivation Resources, Inc. (“Trustee”), appeared before this court on Defendant’s Motion to Dismiss Plaintiff’s Second Amended Complaint.