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California Court of Appeal

Consol. Mgmt. Group, LLC v. Dep't of Corp., A117513

In a case wherein the trial court denied a petition for writ of administrative mandamus which sought to overturn a California Department of Corporations desist and refrain order concerning offers and sales of interests in certain Kansas general partnerships, the judgment is affirmed where: 1) federal law does not preempt the Department's authority to issue the desist order; and 2) substantial evidence supported a determination that the interests at issue were securities.

Appellate Information

  • Decided 04/28/2008
  • Published 04/28/2008




  • California Court of Appeal


  • For Appellant:
  • Baker & McKenzie, Laura J. O'Rourke, Joel Held, William R. Daugherty and Christopher Van Gundy, San Francisco, for Plaintiffs and Appellants., Rex A. Staples, General Counsel, Stephen W. Hall, Deputy General Counsel, Joseph Brady, Associate General Counsel, Lesley Walker, Associate Counsel and Joseph A. Hearst for Amicus Curiae.

  • For Appellees:
  • Preston DuFauchard, California Corporations Commissioner and Edward Kelly Shinnick, California Corporations Counsel for Defendant and Respondent.
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