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EBENSTEINER CO., INC. v. CHADMAR GROUP

No. B184525.

49 Cal.Rptr.3d 825 (2006)

143 Cal.App.4th 1174

The EBENSTEINER COMPANY, INC., Plaintiff and Appellant, v. The CHADMAR GROUP, Defendant and Respondent.

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

October 11, 2006.

Attorney(s) appearing for the Case

Law Offices of Barry K. Rothman and Barry K. Rothman, Los Angeles, for Plaintiff and Appellant.

Allen Matkins Leck Gamble Mallory & Natsis, and Randal J.A. Ivor-Smith, Los Angeles, for Defendant and Respondent.

TURNER, P.J.

Plaintiff, The Ebensteiner Company, Inc., has appealed from the demurrer dismissal of its second amended complaint. The second amended complaint alleged causes of action for constructive fraud, conspiracy to defraud, and fiduciary duty breach against defendant, the Chadmar Group. While the appeal was pending, the parties entered into a settlement agreement. We conclude the settlement agreement, which explicitly requires the present appeal be dismissed...

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