Jung v. Fitterer
Filed 6/19/06 Jung v. Fitterer CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| ADAM C. JUNG et al., Plaintiffs and Appellants, v. THOMAS M. FITTERER et al., Defendants and Respondents. | G035625 (consol. with G035957) (Super. Ct. No. 04CC04029) O P I N I O N |
Appeal from a judgment and postjudgment order of the Superior Court of Orange County, Corey S. Cramin, Judge. Judgment affirmed. Order reversed in part.
Catanzarite Law Corporation, Kenneth J. Catanzarite, Richard Vergel de Dios and Nicole M. Catanzarite for Plaintiffs and Appellants.
Law Office of Michael A. Naso, Naso & Samini, Michael A. Naso and Keyvan Samini for Defendants and Respondents.
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Plaintiffs Adam C. Jung, D.D.S. and Adam C. Jung, D.D.S., Inc. appeal from the judgment of dismissal entered after a demurrer to their second amended class action complaint against defendants Thomas M. Fitterer and Professional Practice Sales, Inc. (PPS) for (1) disgorgement of commissions and (2) restitution and disgorgement under Business and Professions Code section 17200 was sustained without leave to amend. Plaintiffs further appeal from the postjudgment order awarding attorney fees and costs. We affirm the judgment, but reverse that portion of the order granting defendants their fees.
FACTUAL AND PROCEDURAL BACKGROUND
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