Legal Opinion

Miscione v. Barton Development Co.

California Court of Appeal

Decided February 24, 1997No. E015549PublishedCited by 15 opinions

1Opinion of the Court

*1323Opinion

WARD, J.

Plaintiff John J. Miscione (Miscione), as a successor landlord, filed an action for breach of an office lease and fraud. Defendant Barton Development Company (Barton Development) was the tenant under the lease and defendant James E. Barton (Barton) was alleged to be liable as an alter ego of the tenant. Defendants filed a motion for summary judgment contending the lease was subordinate to a prior trust deed on the property, and the foreclosure of the trust deed had extinguished the lease. The trial court granted summary judgment. Plaintiff appeals and contends that: (1) the…

2Cases cited9 opinions

  1. Flatt v. Superior CourtCalifornia Supreme Court · 1994
  2. Roberts v. City of PalmdaleCalifornia Supreme Court · 1993
  3. Ferrari v. Grand Canyon DoriesCalifornia Court of Appeal · 1995
  4. Hohn v. Riverside County Flood Control & Water Conservation DistrictCalifornia Court of Appeal · 1964
  5. Dover Mobile Estates v. Fiber Form Products, Inc.California Court of Appeal · 1990

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3Cited by15 opinions

  1. People ex rel. Lockyer v. R.J. Reynolds Tobacco Co.California Court of Appeal · 2003
  2. Principal Mutual Life Insurance v. Vars, Pave, McCord & FreedmanCalifornia Court of Appeal · 1998
  3. Vallely Investments, L.P. v. BancAmerica Commercial Corp.California Court of Appeal · 2001
  4. Nativi v. Deutsche Bank National Trust Co.California Court of Appeal · 2014
  5. Aviel v. NgCalifornia Court of Appeal · 2008

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