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STATE UNIVERSITY v. SUPERIOR COURT

Nos. F037383, F037418.

108 Cal.Rptr.2d 870 (2001)

90 Cal.App.4th 810

CALIFORNIA STATE UNIVERSITY, Fresno Association, Inc., Petitioner, v. The SUPERIOR COURT of Fresno County, Respondent, McClatchy Company, Real Party in Interest. The Board of Trustees of the California State University et al., Petitioners, v. The Superior Court of Fresno County, Respondent, McClatchy Company, Real Party in Interest.

Court of Appeals of California, Fifth District.

Rehearing Denied August 9, 2001.

Attorney(s) appearing for the Case

McCormick, Barstow, Sheppard, Wayte & Carruth, Lowell T. Carruth, Fresno, and Christopher S. Hall, for Petitioner California State University, Fresno Association, Inc.

Susan Westover, Costa Mesa, for Petitioners Board of Trustees of the California State University et al.

No appearance for Respondent.

Dietrich, Glasrud, Mallek & Aune, Donald H. Glasrud and Bruce A. Owdom, Fresno, for Real Party in Interest.

Levy, Ram, Olson & Rossie, Karl Olson, and Joni S. Jacobs, San Francisco, for California Newspaper Publishers Association as Amicus Curiae on behalf of Real Party in Interest.

OPINION

WISEMAN, J.

California State University, Fresno proposed a $103 million multi-purpose arena on its campus, the Save Mart Center, to be funded primarily by private donations and operated by a University-affiliated, nonprofit auxiliary corporation, California State University, Fresno Association, Inc. (Association). In exchange for a generous gift to the California State University, Fresno Foundation (Foundation), also a University-affiliated...

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