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MAGANA CATHCART McCARTHY v. CB RICHARD ELLIS, INC.

No. B203777.

174 Cal.App.4th 106 (2009)

___ Cal.Rptr.3d ___

MAGAÑA CATHCART McCARTHY, Plaintiff and Appellant, v. CB RICHARD ELLIS, INC., Defendant and Respondent.

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

May 21, 2009.

Attorney(s) appearing for the Case

Zimmermann, Koomer, Connolly, Finkel & Gosselin and Scott Z. Zimmermann for Plaintiff and Appellant.

Bingham McCutchen, Michael A. Sherman, Scott Vick, Robert W. Peyton and John T. Thornton for Defendant and Respondent.

OPINION

KRIEGLER, J.—

Without filing a motion for summary judgment or mandatory separate statements of undisputed facts, and for the purpose of creating appellate review of pretrial rulings, the parties to an action in a complex litigation case stipulated that the court would have granted summary judgment based upon its ruling on certain "threshold issues" in favor of defendant. The stipulation also included a dismissal, without prejudice...

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