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MUZZI v. BEL AIR MART

No. C055430.

171 Cal.App.4th 456 (2009)

VINCENT A. MUZZI et al., Plaintiffs and Appellants, v. BEL AIR MART, Defendant and Respondent.

Court of Appeals of California, Third District.

January 28, 2009.

Attorney(s) appearing for the Case

Trainor Fairbrook, John D. Fairbrook and Arthur B. Mark III for Plaintiffs and Appellants.

Jacobson Markham and Patrick T. Markham for Defendant and Respondent.

OPINION

HULL, J.—

Defendant Bel Air Mart (Bel Air) is the anchor tenant in a shopping center owned by plaintiffs. After a dispute arose over Bel Air's use of common areas behind the store, plaintiffs filed suit for declaratory relief. The trial court found that Bel Air violated its lease by placing large, seasonal storage containers in the center's parking spaces. However, the court also concluded that Bel Air's practice of keeping bread...

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