ASCENDIANT CAPITAL GROUP, Plaintiff-Appellant v. Todd L. SMITH, an individual Erroneously Sued As Todd R. Smith; Summit Capital Development, Erroneously Sued As Summit Capital and Development LLC, Defendants-Appellees. Summit Capital Development, Erroneously Sued As Summit Capital and Development LLC, Counter-Claimant v. Ascendiant Capital Group, Counter-Defendant. No. 09-56156.United States Court of Appeals, Ninth Circuit.Argued and Submitted […]