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SOUTH BEVERLY JEWELRY v. SUPERIOR COURT

No. B172846.

16 Cal.Rptr.3d 710 (2004)

121 Cal.App.4th 74

SOUTH BEVERLY WILSHIRE JEWELRY & LOAN et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent. Emanuel Gordon, Real Party in Interest.

Court of Appeal of Second District, Division Three.

Review Denied October 13, 2004.

Attorney(s) appearing for the Case

Thelen Reid & Priest LLP, Curtis A. Cole, James H. Turken and Nicole M. Duckett, Los Angeles, for Petitioners.

No appearance by Respondent.

Lavely & Singer Professional Corporation, William J. Briggs, II and Michael D. Holtz, Los Angeles, for Real Party in Interest.

Robert S. Gerstein, Santa Monica; Huron Maki & Johnson LLP, Henry I. Bushkin and Craig Wu, Los Angeles, for Bobby Freedman as Amicus Curiae on behalf of Petitioner.

Law Offices of Dennis Holahan and Dennis Holahan, Los Angeles, for Diamond Dealers Club, Inc., as Amicus Curiae on behalf of Real Party in Interest.

CROSKEY, J.

In this case (1) a person voluntarily relinquished possession of his property under a consignment, (2) such property was then wrongfully transferred by the consignee to the possession of a third party who took it for value and without notice, and (3) the consignor could have perfected a security interest in the property but did not. Under those circumstances, the applicable rule is set out in Civil...

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