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FEITELBERG v. CREDIT SUISSE FIRST BOSTON, LLC

No. H027476.

36 Cal.Rptr.3d 592 (2005)

134 Cal.App.4th 997

Jerome FEITELBERG, Plaintiff and Appellant, v. CREDIT SUISSE FIRST BOSTON, LLC, et al., Defendant and Respondent.

Court of Appeals of California, Sixth District.

December 9, 2005.

Attorney(s) appearing for the Case

Solomon B. Cera, Thomas C. Bright, Gwendolyn R. Giblin, Gold Bennett Cera & Sidener, San Francisco, for Appellant.

Erik M. Zissu, New York, NY, Zachary S. McGee, Menlo Park, Lawrence J. Portnoy, Davis Polk & Wardwell, New York, NY, for Respondent Credit Suisse First Boston LLC.

Elliot R. Peters, John W. Keker, Keker, Brockett & Van Nest, Jerome B. Falk, Jr., Kenneth G. Hausman, Barbara A. Winters, Mark A. Sheft, Howard Rice Nemerovski Canaday Falk & Rabkin, San Francisco, for Respondent Frank P. Quattrone.

McADAMS, J.

This is an appeal from a judgment of dismissal entered after the trial court sustained defendants' demurrer. The dispositive issue before us is whether the remedy of nonrestitutionary disgorgement is available in a class action asserting violation of the state's unfair competition statutes. We conclude that it is not. We therefore affirm the judgment.

BACKGROUND

In June 2003, plaintiff...

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