California Court of Appeal

Petition for writ of mandate challenging order overruling a demurrer is granted where petitioner department does not have a mandatory duty under Government Code section 815.6, and there is no private right of action against petitioner to hold it liable to real parties for losses they suffered when they purchased fraudulent securities from brokers subject to desist and refrain orders after those orders were rescinded by petitioner.

Appellate Information

• Decided 07/26/2007
• Published 07/26/2007

Judges

• IRION, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Jr., Attorney General, Felix E. Leatherwood, Jeffrey A. Rich, Donna M. Dean, Domini Pham and Joel A. Davis, Deputy Attorneys General, for Petitioner., Patricia A. Meyer & Associates, Patricia A. Meyer, San Diego, Marisa Janine-Page and Michele M. Mosby for Real Parties in Interest.


• For Appellees:
  
• No appearance for Respondent.