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HOWARD GUNTY PROFIT SHARING PLAN v. SUPERIOR COURT

Nos. B145029, B145270.

105 Cal.Rptr.2d 896 (2001)

88 Cal.App.4th 572

HOWARD GUNTY PROFIT SHARING PLAN et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Richard M. Greenwood, et al., Real Parties in Interest. Richard M. Greenwood, et al., Petitioners, v. The Superior Court of Los Angeles County, Respondent; Howard Gunty Profit Sharing Plan et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Four.

April 18, 2001.

Attorney(s) appearing for the Case

Stull, Stull & Brody, Michael D. Braun, Los Angeles, and Timothy J. Burke; Weiss & Yourman, Kevin J. Yourman, New York, NY, and Mark S. Levine, for Petitioners.

Bill Lockyer, Attorney General, Pamela Smith-Steward, Chief Assistant Attorney General, Manuel Medeiros, Senior Assistant Attorney General, Kenneth Williams, Supervising Deputy Attorney General, and Jill Bowers, Deputy Attorney General, for Respondent.

Gibson, Dunn & Crutcher, Antoinette DeCamp, Dean Stern and Phillip L. Bosl, Los Angeles, for Real Parties in Interest.

HASTINGS, J.

BACKGROUND

The Howard Gunty Profit Sharing Plan (the Plan) commenced this action in 1998 on behalf of itself and all others similarly situated, against Bank Plus Corporation, its chief executive officer, and its chief financial officer. The original complaint charged negligent misrepresentation, common-law fraud, deceit under Civil Code sections 1709 and 1710, and unlawful market manipulation...

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