California Union Square L.People v. Saks & Company LLC

Filed 10/29/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

CALIFORNIA UNION SQUARE

L.P.,

Plaintiff and Respondent, A162043

v. (City and County of San SAKS & COMPANY LLC, Francisco Super. Ct. No.

CR946553)

Defendant and Appellant.

Appellant Saks & Company LLC (“Saks”) appeals from an order denying its motion for attorneys’ fees. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The background of this case is discussed in our prior opinion, California Union Square L.P. v. Saks & Co. LLC (2020) 50 Cal.App.5th 340 (“Union Square I”), and we will summarize it to the extent relevant to the attorneys’ fees issue in this appeal. California Union Square L.P. (“Union Square”) owns a 131,000-square foot building located on the corner of Post Street and Powell Street in San Francisco (the “Property”). Saks has operated a department store at the Property since 1991, when Saks and Union Square’s predecessor entered into the lease central to this dispute. The lease is over 100 pages long and consists of 24 Articles, most of which contain…