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Angel Brian Downing to Make Pitch in Court

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Times Staff Writer

It will be a different playing field for California Angels slugger Brian Downing Monday when he goes to trial in Orange County Superior Court in a breach-of-contract lawsuit against Bank of America Leasing Corp.

Downing alleges that the firm misled him on the lease of equipment for an ill-fated Buena Park restaurant venture in 1980. He says the unpaid balance of a $204,000 loan should be forgiven.

Downing became a minority general partner in a partnership formed with the now-defunct Littlefield Restaurant Corp. in 1980 to operate a franchise at 7490 Orangethorpe Ave.

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As part of the deal, he signed an agreement with the firm providing financing for the lease of restaurant equipment.

Downing signed loan forms that contained blanks that were later filled in by the bank without his knowledge, he says.

When the restaurant failed in 1981 and the bank demanded repayment, Downing “had no idea he was personally liable,” according to court papers.

The bank argues that no loan was made until Downing himself later provided signed authorization for the transaction, according to the court file.

Downing’s complaint that some of the equipment was not delivered is not the responsibility of the bank, which merely arranged the financing, according to the court file.

The trial, before Judge John L. Flynn Jr., is expected to last up to 10 days.

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