In Re City Equities Anaheim, Ltd.

Good Law
22 F.3d 954·94 Daily Journal DAR 5547·25 Bankr. Ct. Dec. (CRR) 916·30 Collier Bankr. Cas. 2d 1870·1994 U.S. App. LEXIS 8691
United States Court of Appeals for the Ninth CircuitApril 26, 199492-56266California2,624 words

Opinion

Opinion

22 F.3d 954 25 Bankr.Ct.Dec. 916 In re CITY EQUITIES ANAHEIM, LTD., a California limited partnership, a/k/a City Equities Anaheim, Debtor. CITY EQUITIES ANAHEIM, LTD., a California limited partnership, a/k/a City Equities Anaheim, Appellant, v. LINCOLN PLAZA DEVELOPMENT COMPANY, Appellee. No. 92-56266. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 31, 1994. Decided April 26, 1994. Oakley C. Frost, Menke, Fahrney & Carroll, Costa Mesa, CA, for appellant. Robin Meadow, Loeb and Loeb, Los Angeles, CA, for appellee. Appeal from the United States District Court for the Central District of California. Before: SNEED, THOMPSON, and RYMER, Circuit Judges. Opinion by Judge SNEED. SNEED, Circuit Judge: 1 This case involves a settlement agreement that contained a sublease and a "drop dead clause" whereby the defendant would automatically forfeit its sublease in the event of its default. Defendant defaulted, and the bankruptcy court enforced the settlement agreement according to its terms. The district court affirmed. We also affirm. I. FACTS AND PROCEEDINGS BELOW 2 Plaintiff Lincoln Plaza Development Co. (Lincoln) held a leasehold interest in 17 acres of…

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