Winery Left Under Investment Fund’s Control : Litigation: Plaintiffs had asked that firm’s affairs be put in hands of court-appointed manager overseeing TMI, which they accuse of fraudulently losing $100 million.

A judge on Monday denied a request that the manager appointed to oversee most of the real estate assets of Teachers Management & Investment Corp. also take over a winery still under control of the Newport Beach investment fund.

In October, Orange County Superior Court Judge Francisco F. Firmat appointed Dennis B. Schmucker, a veteran Southern California real estate trouble-shooter, to manage more than three-fourths of the partnerships of TMI, a $1-billion Newport Beach investment fund. That action came after investors filed a lawsuit alleging that TMI fraudulently lost $100 million, most of it money invested by teachers for their retirement.

Parducci Winery Ltd., which owns and operates a winery in Mendocino County, is one of three partnerships the judge allowed to remain under TMI’s control.

In Monday’s ruling, Firmat denied a request by investors that Schmucker also take over management of Parducci, which is one of more than 40 TMI partnerships. Plaintiffs in the lawsuit had complained to the court that winery investors’ money was going to be used to pay legal fees for TMI’s owners.

TMI lawyers said in court Monday that the company does plan to use some winery partnership profit to reimburse a general fund for payments to lawyers and a public relations executive, but they maintained that such a use of funds would not be improper.

Firmat ordered company officials to bring in a witness by Friday who would be able to disclose details of the company’s reimbursement plan. He also ordered Schmucker to present his findings and recommendations on the other real estate partnerships to the court at a hearing scheduled for Nov. 16.