Vitale

Filed 6/30/14 Vitale v. Morgan Stanley Smith Barney CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

TODD G. VITALE, et al., D063033

Plaintiffs and Appellants,

v. (Super. Ct. No. 37-2012-00099813-

CU-PA-CTL; 37-2012-00099937-

MORGAN STANLEY SMITH BARNEY, CU-PA-CTL)

LLC,

Defendant and Respondent.

APPEAL from orders of the Superior Court of San Diego County, Lisa C. Schall,

Judge. Reversed and remanded with directions.

Boudreau Williams and Jon R. Williams for Plaintiffs and Appellants.

Paul Hastings, William F. Sullivan, D. Scott Carlton, and Timothy D. Reynolds

for Defendant and Respondent.

Todd G. Vitale and John P. Paladino (together Appellants) appeal an…