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BURNS v. NEIMAN MARCUS GROUP, INC.

No. A120378.

173 Cal.App.4th 479 (2009)

___ Cal.Rptr.3d ___

BRIAN P. BURNS, Plaintiff and Appellant, v. THE NEIMAN MARCUS GROUP, INC., Defendant and Respondent.

Court of Appeals of California, First District, Division Three.

April 28, 2009.

Attorney(s) appearing for the Case

Zelle, Hofmann, Voelbel, Mason & Gette, Daniel S. Mason and Patrick B. Clayton for Plaintiff and Appellant.

Tucker Ellis & West, Jean A. Hobart, Rebecca A. Lefler and Irene Keyse-Walker for Defendant and Respondent.

OPINION

JENKINS, J. —

Plaintiff Brian P. Burns appeals from a judgment in favor of defendant The Neiman Marcus Group, Inc. (Neiman Marcus), after its general demurrer to the second amended complaint was sustained without leave to amend. Plaintiff seeks to recover damages arising from an employee's fraudulent use of checks drawn on his personal checking account to make payments on the employee's Neiman Marcus store credit card accounts...

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