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FLYING J, INC. v. DEPARTMENT OF TRANSPORTATION

No. F060545.

FLYING J, INC., Plaintiff and Appellant, v. DEPARTMENT OF TRANSPORTATION, Defendant and Respondent.

Court of Appeals of California, Fifth District.

Filed January 19, 2012.

Attorney(s) appearing for the Case

Manatt, Phelps & Phillips, Ronald S. Katz , Jack S. Yeh , Benjamin G. Shatz , Eugene L. Hahm , Michael M. Berger and Matthew S. Urbach for Plaintiff and Appellant.

Ronald W. Beals , Thomas C. Fellenz , Douglas L. Johnson and Raiyn Bain-Moore for Defendant and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

OPINION

DAWSON, J.

In this appeal, plaintiff contends the trial court erroneously decided that the issue of lost profits caused by defendant's breach of a contract to convey land should not be presented to the jury. The trial court determined that Civil Code section 3306's authorization of the recovery of consequential damages permitted an award of lost profits, but that plaintiff failed to establish...

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