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INTERSHOP COMMUNICATIONS, AG v. SUPERIOR COURT

No. A098878.

127 Cal.Rptr.2d 847 (2002)

104 Cal.App.4th 191

INTERSHOP COMMUNICATIONS, AG, et al., Petitioners, v. The SUPERIOR COURT of the City and County of San Francisco, Respondent; Frank R. Martinez, Real Party in Interest.

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

Review Denied March 26, 2002.

Rehearing Denied January 7, 2003.

Attorney(s) appearing for the Case

Craig S. Ritchey, Karen E. Wentzel, Patricia A. Welch, Palo Alto, Ritchey, Fisher, Whitman & Klein Dennis M. Sullivan, San Francisco, Counsel for Petitioners and Defendants.

Robert D. Bjork, Jr., Oakland, David M. Poore, Bjork Lawrence, Counsel for Real Party in Interest and Plaintiff.

STEVENS, J.

This petition arises from a lawsuit for breach of a stock options exchange, agreement (hereafter, exchange agreement). The plaintiff in the action, Frank R. Martinez, is a California resident who was an employee of Intershop Communications, Inc., the U.S. subsidiary of Intershop Communications AG. Intershop the parent is a German corporation whose stock is publicly traded on the German stock exchange. By the terms of the exchange agreement, the employees...

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