Flagship West Llc v. Excel Realty Partners Lp

MEMORANDUM .

This is the second time that this case has come before this Court on appeal. In the previous appeal, this Court remanded for the district court to determine whether or not the commercial lease between the parties (the “Lease”) barred rescission. Flagship W., LLC v. Excel Realty Partners LP, 337 Fed.Appx. 679 (9th Cir.2009). The district court held that it did not and, after a trial, entered judgment for Plaintiff Flagship West LLC (“Plaintiff’). Defendants Excel Realty Partners LP and New Plan Excel Realty Trust (“Defendants”) appeal from the district court’s determination that the Lease does not bar rescission, and from the amount of the judgment. Plaintiff cross-appeals from the amount of the judgment. The district court exercised diversity jurisdiction pursuant to 28 U.S.C. § 1332 in this case governed by California law. We have jurisdiction under 28 U.S.C. § 1291 . Because the facts are known to the parties, we do not recite them here, except as necessary to explain our decision. We affirm in part, reverse in part, and remand.

I. Defendants’ Appeal

1. Defendants contend that the district court erred in its determination that the Lease as a whole did not bar…