California Court of Appeal

In a property dispute, trial court decision holding that defendant was not required to offer plaintiff the right to purchase an assignment of 12 leased units is affirmed where: 1) the trial court did not err in ruling on the basis of the two-thirds vote requirement; 2) the 12 leases would have terminated automatically on any attempt by plaintiff to exercise the right of first refusal; 3) plaintiff waived the right of first refusal with respect to the 12 leased units; 3) plaintiff was precluded from exercising the right of first refusal because of unclean hands; and 4) plaintiff's failure to apply the right of first refusal in a uniform, nondiscriminatory, and fair manner rendered the right unenforceable.

Appellate Information

• Decided 10/23/2008
• Published 10/23/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Greenberg Glusker Fields Claman & Machtinger, Norman H. Levine and Aaron B. Bloom, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Allen Matkins Leck Gamble Mallory & Natsis, Lawrence D. Lewis, A. Kristine Floyd and Brian R. Bauer, Irvine, for Defendant and Appellant UWMC Hospital Corporation., James W. Lundquist, Orange, for Defendants and Appellants WMC-SA, Inc. and Integrated Healthcare Holdings, Inc.