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AVIEL v. NG

No. A114930.

74 Cal.Rptr.3d 200 (2008)

161 Cal.App.4th 809

Simon David AVIEL et al., Plaintiffs, Cross-defendants and Respondents, v. Christina NG et al., Defendants, Cross-complainants and Appellants; Khalil Abusharkh et al., Cross-defendants and Respondents.

Court of Appeal of California, First District, Division Four.

February 28, 2008.

Attorney(s) appearing for the Case

Jackson & Wallace, Gabriel A. Jackson, Todd M. Thacker, Christine A. Huntoon, San Francisco, CA, for Respondents Simon David Aviel and Joann Aviel.

Michael Darnell McSweeney, Derek L. Austin, Hoge, Fenton, Jones & Appel, San Jose, CA, for Respondents Khalil Abusharkh and Dalai Metwally.

REARDON, Acting P.J.

The commercial lease pertinent to this appeal was extinguished by a trustee sale under a deed of trust. The deed of trust was senior to the lease by virtue of a clause in the lease subordinating it to future mortgages. In this appeal from a judgment, after summary adjudication and court and jury trials, appellants,1 the former lessees of the foreclosed property, continue to assert that the lease was not forfeited because...

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