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GENTRY CONSTRUCTION CO., INC v. SUPERIOR COURT

Docket No. D009603.

212 Cal.App.3d 177 (1989)

260 Cal. Rptr. 421

GENTRY CONSTRUCTION COMPANY, INC., Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; R.H. LIQUIDATING, INC., Real Party in Interest.

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

July 18, 1989.

Attorney(s) appearing for the Case

COUNSEL

Daniel R. Shinoff, Mitchell S. Wagner and Stutz, Gallagher & Artiano for Petitioner.

No appearance for Respondent.

Bruce W. Lorber, P. Robert Philp, Jr., and Lorber, Grady, Farley & Volk for Real Party in Interest.

OPINION

BENKE, J. —

FACTUAL SUMMARY

Petitioner Gentry Construction Company, Inc. (Gentry), purchased a development of graded lots in La Jolla from the predecessor of real party in interest R.H. Liquidating, Inc. (RH). The sale was contingent upon Gentry's approval of an engineering report on the property. After the sale, Gentry built a number of homes on the lots and sold them to the public.

Plaintiff Dorcus...

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