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SVAP III POWAY CROSSINGS, LLC v. FITNESS INTERNAT., LLC

No. D079903.

87 Cal.App.5th 882 (2023)

303 Cal. Rptr. 3d 863

SVAP III POWAY CROSSINGS, LLC, Plaintiff, Cross-defendant and Respondent, v. FITNESS INTERNATIONAL, LLC, Defendant, Cross-complainant and Appellant.

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

January 20, 2023.

Attorney(s) appearing for the Case

Schwartz Semerdjian Cauley & Evans, Dick A. Semerdjian , John A. Schena ; Klehr Harrison Harvey Branzburg and A. Grant Phelan for Defendant, Cross-complainant and Appellant.

Pryor Cashman, Benjamin S. Akley , Todd E. Soloway and Rachel E. Shaw for Plaintiff, Cross-defendant and Respondent.

Hodel Wilks and Fred L. Wilks for DDRM Hilltop Plaza L.P. as Amicus Curiae on behalf of Plaintiff, Cross-defendant and Respondent.

OPINION

Defendant and cross-complainant Fitness International, LLC (Fitness), appeals from a judgment entered in favor of plaintiff and cross-defendant SVAP III Poway Crossings, LLC (SVAP), on SVAP's breach of contract claim for Fitness's nonpayment of rent under the parties' lease. Fitness contends that the trial...

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