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ROY v. SUPERIOR COURT

No. E035412.

25 Cal.Rptr.3d 488 (2005)

127 Cal.App.4th 337

Stanley ROY, et al., Petitioners, v. The SUPERIOR COURT OF THE COUNTY OF SAN BERNARDINO, Respondent; Lucky Star Industries, Inc., Real Party in Interest.

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

March 3, 2005.

Attorney(s) appearing for the Case

Law Offices of Steven J. Horn, Encino, and Steven J. Horn for Petitioners.

Dunn Koes and Pamela E. Dunn, Pasadena, for Association of Southern California Defense Counsel as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Billet, Kaplan & Dawley and Jerome S. Billet and Terry S. Kaplan, Los Angeles, for Real Party in Interest.

Michaels & Watkins and Steven B. Stevens for Consumer Attorneys of California as Amicus Curiae on behalf of Real Party in Interest.

OPINION

McKINSTER, Acting P.J.

This is a routine breach of contract and fraud action brought by Lucky Star, Inc. (as assignee) against an Illinois corporation, Audio Source, Inc., and several of its officers/directors/shareholders, Stanley Roy, Michael Roy and Janice Roy (the Roys) and Janice Quinn. The gravamen of the complaint is Audio Source's failure to pay for goods.

Lucky Star filed its action on December 9, 2002. On February 11, 2003, defendants...

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