GECCMC 2005-C1 v. JPMORGAN CHASE BANK

No. 10-56219.

671 F.3d 1027 (2012)

GECCMC 2005-C1 PLUMMER STREET OFFICE LIMITED PARTNERSHIP, a Delaware limited partnership, Plaintiff-Appellant, v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Defendant-Appellee, Federal Deposit Insurance Corporation, as receiver for Washington Mutual Bank, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 1, 2012.


Attorney(s) appearing for the Case

Peder K. Batalden , Horvitz & Levy, Encino, CA, for the plaintiff-appellant.

Allyson N. Ho , Morgan, Lewis & Bockius LLP, Houston, TX, Kathleen MacFarlane Waters , Morgan, Lewis & Bockius LLP, Los Angeles, CA, for the defendant-appellee.

Joseph Brooks , Federal Deposit Insurance Corporation, Arlington, VA, for the defendant-intervenor-appellee.

Before: ALFRED T. GOODWIN, WILLIAM A. FLETCHER, and JOHNNIE B. RAWLINSON, Circuit Judges.


OPINION

GOODWIN, Circuit Judge:

This case arises from a landlord-tenant dispute in the wake of the Washington Mutual Bank ("WaMu" or the "Failed Bank") failure in September 2008. Appellant GECCMC ("GE") alleges that JP Morgan Chase Bank ("Chase") failed to pay rent on two properties under lease agreements that Chase assumed after it purchased WaMu's assets and liabilities from the Federal Deposit Insurance Corporation ("FDIC") pursuant to the terms of a...

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