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Evans v. Bosa Development Cal. II CA4/1
Evans is the owner of a wellness studio called Level Ten Pro Performance (Level Ten). In 2017, Evans hired a commercial real estate brokerage firm, Hughes Marino, Inc. (HM), to help her secure a larger space for her growing business. HM suggested Evans lease a space on the ground floor of a new luxury condominium building that Bosa was developing, Pacific Gate. On behalf of Evans, HM began discussing a possible lease with Bosa’s broker, CBRE Group, Inc. (CBRE).
After preliminary verbal negotiations, HM sent CBRE “a proposed list of terms pursuant to which [Evans] would lease space on the first floor of the Pacific Gate building.” On October 30, 2017, CBRE responded with a letter, addressed to HM, with a subject line of “Proposal to Lease at Pacific Gate, San Diego, California” (the letter). The letter began with: “Thank you for your proposal on behalf of Level 10 Pro Performance.

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