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DUNLAP v. SUPERIOR COURT

No. B185247.

47 Cal.Rptr.3d 614 (2006)

142 Cal.App.4th 330

Omar DUNLAP, Petitioner, v. SUPERIOR COURT of Los Angeles County, Respondent; Bank of America, N.A., Real Party in Interest.

Court of Appeal of California, Second District, Division Three.

July 27, 2006.

Attorney(s) appearing for the Case

Initiative Legal Group, Mark Yablonovich, Marc Primo, Los Angeles, and Shawn Westrick, for Petitioner.

No appearance for Respondent.

Paul, Hastings, Janofsky & Walker, M. Kirby C. Wilcox, San Francisco, Stephen P. Sonnenberg, Los Angeles, and Christopher M. Bissonnette, for Real Party in Interest.

KLEIN, P.J.

Plaintiff Omar Dunlap, a former employee of defendant Bank of America, N.A. ("Bank"), seeks a writ of mandate directing the trial court to vacate its order granting the Bank's motion to strike certain portions of Dunlap's first amended class action complaint and to enter an order denying the motion to strike.

The essential issue presented is whether the trial court properly struck Dunlap's claims for statutory penalties on the ground he failed...

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