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SAN DIEGO WATERCRAFTS, INC. v. WELLS FARGO BANK

Nos. G025980, G026841.

120 Cal.Rptr.2d 356 (2002)

98 Cal.App.4th 1316

SAN DIEGO WATERCRAFTS, INC., Plaintiff and Appellant, v. WELLS FARGO BANK, N.A., as Trustee, etc., Defendant and Respondent.

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

Rehearing Granted June 21, 2002.

Attorney(s) appearing for the Case

Raitt & Associates and G. Emmett Raitt, Jr., Irvine, for Plaintiff and Appellant.

Snell & Wilmer, Richard A. Derevan, Irvine, and Athena Roussos for Defendant and Respondent.

OPINION

RYLAARSDAM, J.

In reversing a summary judgment against the assignee of a lease, we hold that the court erred in considering evidence in support of the motion which was first submitted with the moving party's reply. Additionally, there are triable issues of material fact as to whether a "right of first refusal" was satisfied.

FACTS AND PROCEDURAL BACKGROUND

Defendant and respondent Wells Fargo Bank, N.A., as trustee of the Corinne...

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