Pasternack

Filed 5/15/13 Pasternack v. Capozzoli’s Pizzeria 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

LAWRENCE PASTERNACK, D060023

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2010-00052924-

CU-FR-NC)

CAPOZZOLI'S PIZZERIA &

RESTAURANT, INC.,

Defendant and Respondent;

CHARLES J. CAPOZZOLI1,

Defendant and Appellant.

APPEALS from a judgment of the Superior Court of San Diego County, Thomas

P. Nugent, Judge. Reversed and remanded with directions.

On April 19, 2013, Donna Marie Capozzoli and Janine Bayme were substituted as parties to this action instead and in the place of Charles J. Capozzoli, deceased, as the Special Administrators of the Estate of Charles J. Capozzoli. Hatton, Petrie &…