Restaino v. Restaino CA4/3
This is the third appeal related to the parties’ ongoing divorce that began when plaintiff and appellant Deborah Restaino filed a petition for dissolution of marriage in 2005. In 2013, Deborah filed a civil complaint against John M. Restaino, Jr., alleging causes of action for breach of fiduciary duty and fraudulent concealment related to the distribution of community assets. Specifically, Deborah alleged that John negotiated an agreement for the buyout of his shares in his former law firm to fraudulently conceal material information from her about his community property interest in the firm and the value thereof. Deborah appeals from the court’s judgment of dismissal following its sustaining of John’s demurrer to her second amended complaint (SAC).
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