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BARRETT v. BANK OF AMERICA

Docket No. D001853.

183 Cal.App.3d 1362 (1986)

229 Cal. Rptr. 16

RONALD L. BARRETT et al., Plaintiffs and Appellants, v. BANK OF AMERICA, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

August 4, 1986.

Attorney(s) appearing for the Case

COUNSEL

Jerry D. Cluff, Pain, Pippin, Cluff & Olson and Richard C. Wildman, Jr., for Plaintiffs and Appellants.

David S. Folsom, Folsom, McKesson, Duke & LeVine, F.P. Crowell, Marcelle E. Mihaila and Gray, Cary, Ames & Frye for Defendant and Respondent.

OPINION

WIENER, J.

Plaintiffs Ronald and Carole Barrett appeal from the judgment entered on a special verdict in favor of defendant Bank of America. We conclude the court prejudicially erred in failing to instruct the jury on constructive fraud and reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Ronald and Carole Barrett (Barretts) were principal shareholders...

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