Club Rendezvous v. South Plaza Associates

872 F.2d 426 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re CLUB RENDEZVOUS, INC., Debtor. CLUB RENDEZVOUS, INC., Appellee, v. SOUTH PLAZA ASSOCIATES, dba Desert Fashion Plaza, Appellant. No. 88-5524. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 7, 1988. Decided March 29, 1989. Before CYNTHIA HOLCOMB HALL, WIGGINS, DAVID R. THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 South Plaza Associates (Plaza) appeals the bankruptcy appellate panel's affirmance of the bankruptcy court's judgment in favor of Club Rendezvous, Inc. (Club). The bankruptcy court concluded that Plaza breached its lease with Club and wrongfully evicted Club, and awarded Club $252,965.00 in damages plus attorneys fees. Plaza appeals, contending that the bankruptcy court erred in finding that Club had not abandoned the premises. We have jurisdiction pursuant to 28 U.S.C. Sec. 158 (d). We affirm the judgment for breach of the lease and wrongful eviction,…