SAN DIEGO WATERCRAFTS v. WELLS FARGO BANK

Nos. G025980, G026841.

125 Cal.Rptr.2d 499 (2002)

102 Cal.App.4th 308

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.

As Modified October 9, 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.

We reverse a summary judgment because the trial court erred in considering evidence first submitted with the reply filed by defendant, the moving party, and because plaintiff, in opposition to the motion, presented triable issues of material fact whether defendant breached a lease by failing to honor a "right of first refusal." In reaching the first of these conclusions, our previous opinion relied in part on United Community Church...

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