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BALLY TOTAL FITNESS v. CONTRA COSTA RETAIL CENTER

A.P. Nos. 07-4190 AT, 07-4191 AT.

384 B.R. 566 (2008)

BALLY TOTAL FITNESS CORPORATION, Plaintiff, v. CONTRA COSTA RETAIL CENTER, et al., Defendants. Contra Costa Retail Center, LLC, et al., Plaintiffs, v. Bally Total Fitness Corporation, Defendant.

United States Bankruptcy Court, N.D. California.

February 20, 2008.

Attorney(s) appearing for the Case

Adam L. Shiff, Andrew K. Glenn, Jeffrey R. Gleit, Kasowitz, Benson, Torres and Friedman, New York, NY, for Plaintiff.

Dustin P. Branch, Katten, Muchin, Rosenman LLP, Los Angeles, CA, for Defendants.

MEMORANDUM OF DECISION

LESLIE TCHAIKOVSKY, Bankruptcy Judge.

Plaintiff Contra Costa Retail Center, LLC ("Landlord") moves to remand the above-captioned adversary proceeding against Bally Total Fitness Corporation ("Bally") to the Superior Court of Contra Costa County, State of California (the "State Court"). For the reasons stated below, the motion will be granted.

BACKGROUND

Bally filed a chapter 11 petition in the United States Bankruptcy...

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