Civic Center Drive Apartments Ltd. Partnership v. Southwestern Bell Video Services

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT [Docket No. 90]

SPERO, United States Magistrate Judge.

I. INTRODUCTION

On Friday, October 17, 2003 at 9:30 a.m., a hearing was held on Defendant’s Motion For Partial Summary Judgment (“the Motion”). At the request of the Court, Defendant filed a supplemental brief on November 3, 2003. For the reasons stated below, the Motion is GRANTED IN PART and DENIED IN PART.

II. BACKGROUND

A. Facts

Plaintiff Civic Center Drive Limited Partnership (“Civic Center”) owns Civic Center Apartments, located in Fremont,…