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THRIFTY PAYLESS, INC. v. MARINERS MILE GATEWAY, LLC.

No. G041414.

185 Cal.App.4th 1050 (2010)

THRIFTY PAYLESS, INC., Plaintiff and Appellant, v. MARINERS MILE GATEWAY, LLC., Defendant and Respondent.

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

June 21, 2010.

Attorney(s) appearing for the Case

Lurie, Zepeda, Schmalz & Hogan, Wayne C. Arnold, Robert W. Denton, Troy L. Martin and Catherine M. McCleary for Plaintiff and Appellant.

Burkhalter Kessler Goodman & George, Daniel J. Kessler and Michael Oberbeck for Defendant and Respondent.

OPINION

MOORE, J. —

This is a dispute about a lease for new commercial property between tenant and plaintiff Thrifty Payless, Inc., doing business as Rite Aid (Rite Aid), and landlord and defendant Mariners Mile Gateway, LLC (Mariners). The lease, negotiated in 2004 and 2005, required a heavy investment of time and money by Mariners to build a new, high-end shopping center, while Rite Aid had few obligations until the lease began. The...

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