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FLAGSHIP WEST, LLC v. EXCEL REALTY PARTNERS, L.P.

No. CV-F-02-5200 OWW/DLB.

758 F.Supp.2d 1004 (2010)

FLAGSHIP WEST, LLC, et al., Plaintiffs, v. EXCEL REALTY PARTNERS, L.P., et al., Defendants.

United States District Court, E.D. California.

December 20, 2010.

Attorney(s) appearing for the Case

John D. Fairbrook , Trainor Fairbrook, Sacramento, CA, Whitney F. Washburn , Law Offices of Whitney F. Washburn, Folsom, CA, for Plaintiffs.

Christopher N. Jones , Mark E. Kogan , Kogan, Trichon & Wertheimer, P.C., Philadelphia, PA, Stephen E. Carroll , McCormick Barstow Sheppard Wayte and Carruth LLP, Fresno, CA, Mark H. Epstein , Munger Tolles & Olson LLP, Los Angleles, CA, for Defendants.

MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFFS' MOTION FOR INTERPRETATION OF LEASE (Doc. 500) AND DENYING DEFENDANT'S MOTION TO STRIKE AND/OR FOR LEAVE TO FILE SUR-REPLY BRIEF (Doc.508)

OLIVER W. WANGER, District Judge.

This case is before the Court after remand by the Ninth Circuit Court of Appeal. The Ninth Circuit reversed the Court's granting of Flagship West, LLC's and Marvin and Kathleen Reiche's ("Flagship") election of rescission of its lease...

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