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LALIBERTE v. PACIFIC MERCANTILE BANK

No. G036235.

53 Cal.Rptr.3d 745 (2007)

147 Cal.App.4th 1

James LALIBERTE et al., Plaintiffs and Appellants, v. PACIFIC MERCANTILE BANK, Defendant and Respondent.

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

January 25, 2007.

Attorney(s) appearing for the Case

Arias, Ozzello & Gignac, H. Scott Leviant, Mike Arias, Mark A. Ozzello, Santa Barbara; Newmeyer & Dillion, Shane E. Coons and Thomas F. Newmeyer, Newport Beach, for Plaintiffs and Appellants.

Sheppard, Mullin, Richter & Hampton, Alan H. Martin, Robert S. Beall, Costa Mesa, David Huebner, Los Angeles, and Jeffrey M. Blank, Costa Mesa, for Defendant and Respondent.

OPINION

ARONSON, J.

Plaintiffs James LaLiberte and Jann and Dennis O'Connor appeal the trial court's orders sustaining demurrers to class allegations without leave to amend. Plaintiffs contend they should have been allowed to further amend their class definition or to conduct further discovery to identify an adequate class representative. Plaintiffs also contend the trial court erred in ruling that rescission is unavailable as a class remedy for violations...

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