Income Properties/equity Trust, a California Business Trust Richard C. Jones, as Trustee v. Wal-Mart Stores, Inc., a Delaware Corporation

LOKEN, Circuit Judge.

Income Properties/Equity Trust (“IPET”) seeks damages from Wal-Mart Stores, Inc. (“Wal-Mart”), for breach of an agreement to vacate a shopping center lease and for tor-tious interference with IPET’s negotiations with a prospective new tenant. The district court 1 granted Wal-Mart’s motion for summary judgment, concluding that the real party in interest on the contract claim is Great Southern Savings Bank (“Great Southern”), which purchased IPET’s interest as shopping center lessor in a foreclosure sale, and that IPET’s injury was not proximately caused by Wal-Mart’s…