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SYUFY ENTERPRISES v. CITY OF OAKLAND

No. A097471.

128 Cal.Rptr.2d 808 (2002)

104 Cal.App.4th 869

SYUFY ENTERPRISES, L.P., Plaintiff and Appellant, v. CITY OF OAKLAND, Defendant and Respondent.

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

Rehearing Denied January 21, 2003.

Review Denied March 19, 2003.

Attorney(s) appearing for the Case

Miller, Starr & Regalia, Menlo Park, Marvin B. Starr, Walnut Creek, Basil S. Shiber, for Appellant Syufy Enterprises, L.P.

Andrew A. August, John L. Fitzgerald, Pinnacle Law Group LLP, San Francisco, David L. Alexander, Vivian M. O'Neal, Office of the Port Attorney, Port of Oakland, City of Oakland, for Respondent City of Oakland.

PARRILLI, J.

After a master tenant rejects a nonresidential real estate lease in bankruptcy, does a subtenant who is an intended beneficiary of the lease have a right to remain in possession of the property? The trial court in this case decided the answer is "no." Accordingly, the court granted a nonsuit and dismissed all claims by Syufy Enterprises, L.P. (Syufy) against the City of Oakland arising from Syufy's eviction from a property near the Oakland Airport, where...

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