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PASTERNAK v. BOUTRIS

No. B136083.

121 Cal.Rptr.2d 493 (2002)

99 Cal.App.4th 907

David J. PASTERNAK, as Receiver, etc., Plaintiff and Respondent, v. Demetrios A. BOUTRIS, as Commissioner of Corporations, etc., Defendant and Respondent; Escrow Agents' Fidelity Corporation, Real Party in Interest and Appellant.

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

Rehearing Denied July 25, 2002.

Review Denied September 11, 2002.

Attorney(s) appearing for the Case

Robertson, Vick & Capella, Michael G. Evans; and Gascou, Gemmill & Thornton and William P. Gemmill, Los Angeles, for Real Party in Interest and Appellant.

Wolff, Ellis & Clausen, Gerald Clausen, San Francisco, and Joan Wolff, Los Angeles, for Escrow Institute of California as Amicus Curiae on behalf of Real Party Interest and Appellant.

Buchalter, Nemer, Fields & Younger, Holly J. Fujie, Donald Lee, Los Angeles, Michael A. Cabotaje, San Francisco; Pasternak, Pasternak & Patton and David J. Pasternak, Los Angeles, for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

COOPER, J.*

This appeal, from a judgment granting a writ of administrative mandamus (Code Civ. Proc., § 1094.5), concerns the statutory responsibility of appellant Escrow Agents' Fidelity Corporation (EAFC) to indemnify for losses suffered by member escrow agents as the result of fraudulent misappropriation of trust obligations by their owners, officers, or employees. (Fin. Code, ...

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