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GERARD v. McMAKEN

No. E049281.

JAMES GERARD, Plaintiff and Appellant, v. JOAN C. McMAKEN, Individually and as Trustee, etc., Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

Filed April 5, 2011.

Attorney(s) appearing for the Case

Mahaffey & Associates and Douglas L. Mahaffey for Plaintiff and Appellant.

Farmer & Ridley and Richard D. Cleary for Defendant and Respondent.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

OPINION

McKINSTER, Acting P. J.

Plaintiff and appellant James Gerard filed the instant action against defendant and respondent Joan C. McMaken (personally and as trustee of the Dennis Cooney Living Trust) for resulting trust, breach of fiduciary duty, and constructive fraud. The action arises out of the disputed ownership of a parcel of property that was eventually taken in eminent domain; plaintiff claims...

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