Legal Opinion

John G. Waterbury and Marcia L. Waterbury v. T.G. & Y. Stores Company, a Corporation, Blue Corporation, and Does 1-10, Inclusive

Court of Appeals for the Ninth Circuit

Decided July 1, 1987No. 86-1532PublishedCited by 8 opinions

1Opinion of the Court

ALARCON, Circuit Judge:

John G. Waterbury and Marcia L. Waterbury (the current owners and landlords) appeal from the district court’s order granting summary judgment in favor of T.G. & Y. Stores Company (T.G. & Y.), the current subtenant. The Waterburys present two issues for our review:

One. Whether the district court’s sua sponte action in granting summary judgment against them during argument on their motion for a summary judgment denied them a full and fair opportunity to make a showing and present argument in opposition to the entry of the adverse order?

Two. Whether the district court…

2Cases cited5 opinions

  1. Cool Fuel, Incorporated v. William H. Connett, Etc.Court of Appeals for the Ninth Circuit · 1982
  2. National Union Fire Insurance Company of Pittsburgh, Pennsylvania v. Argonaut Insurance CompanyCourt of Appeals for the Ninth Circuit · 1983
  3. Renner v. Huntington Etc. Oil & Gas Co.California Supreme Court · 1952
  4. Renner v. Huntington-Hawthorne Oil & Gas Co.California Supreme Court · 1952
  5. City of Beverly Hills v. AlbrightCalifornia Court of Appeal · 1960

3Cited by8 opinions

  1. Becky Lynn Massey v. Del Laboratories, Inc.Court of Appeals for the Federal Circuit · 1997
  2. USA Petroleum Company v. Atlantic Richfield CompanyCourt of Appeals for the Ninth Circuit · 1994
  3. United States v. John N. Grayson Dorothy L. GraysonCourt of Appeals for the Ninth Circuit · 1989
  4. In Re Ceresa Annette Rothery, Debtor. Larry Cunningham v. Ceresa RotheryCourt of Appeals for the Ninth Circuit · 1998
  5. Koninklijke Philips Electronics N v. v. Cardiac Science Operating Co.Court of Appeals for the Federal Circuit · 2010

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