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ARDEN GROUP, INC. v. BURK

Docket No. B084825.

45 Cal.App.4th 1409 (1996)

ARDEN GROUP, INC., Plaintiff, Cross-defendant and Respondent, v. JACK D. BURK et al., Defendants, Cross-complainants and Appellants; CAROLINE C. FABBRO, Defendant, Cross-defendant and Respondent.

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

May 30, 1996.

Attorney(s) appearing for the Case

COUNSEL

Suuzen Ty Anderson, Freeman & Freeman and Lawrence P. Freeman for Defendants, Cross-complainants and Appellants.

Sanders, Barnet, Goldman, Simons & Mosk, Bernard P. Simons and Richard M. Mosk for Plaintiff, Cross-defendant and Respondent and for Defendant, Cross-defendant and Respondent.

OPINION

VOGEL (Miriam A.), J.

The trial court confused a tenant's right of first refusal to purchase leased property with an option agreement and, based upon the wrong law, rendered judgment against the tenant and in favor of the party whose offer to purchase the leased property triggered the tenant's exercise of the right of first refusal. (1) (See fn. 1.) We reverse.1

FACTS

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