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EL CENTRO MALL, LLC v. PAYLESS SHOESOURCE, INC.

No. G040038.

174 Cal.App.4th 58 (2009)

___ Cal.Rptr.3d ___

EL CENTRO MALL, LLC, Plaintiff and Respondent, v. PAYLESS SHOESOURCE, INC., Defendant and Appellant.

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

April 21, 2009.

Attorney(s) appearing for the Case

Kinkle, Rodiger and Spriggs, Scott B. Spriggs and Michael F. Moon for Defendant and Appellant.

Seltzer Caplan McMahon Vitek, Neal P. Panish and Kevin O. Moon for Plaintiff and Respondent.

OPINION

ARONSON, J.—

Defendant Payless ShoeSource, Inc. (Payless), ceased operations at a shopping center owned by plaintiff El Centro Mall, LLC (ECM), before the end of its lease term. Per a lease provision, ECM charged Payless liquidated damages of 10 cents per square foot of leased space for each day Payless did not operate, totaling $98,010. Payless refused to pay, alleging the...

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