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Quick Loan Funding v. Maguire Properties – 3121 Michelson

Quick Loan Funding v. Maguire Properties – 3121 Michelson
06:26:2006

Quick Loan Funding v. Maguire Properties – 3121 Michelson






Filed 6/23/06 Quick Loan Funding v. Maguire Properties – 3121 Michelson CA4/3







NOT TO BE PUBLISHED IN OFFICIAL REPORTS








California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.








IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FOURTH APPELLATE DISTRICT



DIVISION THREE










QUICK LOAN FUNDING, INC.,


Plaintiff and Appellant,


v.


MAGUIRE PROPERTIES--3121 MICHELSON LLC.,


Defendant and Respondent.



G035142 consol w/ G036044


(Super. Ct. No. 04CC09084)


O P I N I O N



Appeal from a judgment and postjudgment order of the Superior Court of Orange County, John M. Watson, Judge. Reversed.


Morrison & Foerster, Shirley M. Hufstedler, H. Mark Mersel and Sarvenaz Bahar for Plaintiff and Appellant.


Hennigan, Bennett & Dorman, J. Michael Hennigan, Peter J. Most, Paul B. Derby; Greines, Martin, Stein & Richland, Irving H. Greines and Peter O. Israel for Defendant and Respondent.


Commercial building tenant, Quick Loan Funding, Inc. (Quick Loan), appeals from a judgment dismissing its second amended complaint containing contract and tort causes of action arising from an alleged breach of a lease against its landlord, Maguire Properties--3121 Michelson LLC (Maguire), after Maguire's demurrer was sustained without leave to amend. Quick Loan contends it adequately pled its causes of action. We agree and reverse the judgment. Quick Loan separately appeals a postjudgment order awarding Maguire costs and attorney fees, and because we reverse the judgment, we reverse this order as well.[1]


STANDARD OF REVIEW


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Description A decision regarding dismissing the second amended complaint containing contract and tort causes of action arising from an alleged breach of a lease against its landlord.
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