Palo Alto Town & Country Village, Inc. v. Deutsche Lufthansa A.G.

Good Law
91 F. App'x 550
United States Court of Appeals for the Ninth CircuitFebruary 25, 2004No. 02-16922; D.C. No. CV-00-04538-VRWCalifornia514 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff Town & Country appeals the district court’s award of summary judgment to Defendants Deutsche Lufthansa in this diversity action. Town & Country alleges that Venice Market, a corporation owned by Deutsche Lufthansa, breached and fraudulently induced a ten-year lease agreement for premises at its commercial shopping center in Palo Alto, California (“City”). The district court held that the lease was void pursuant to the doctrine of mutual mistake of fact. We have carefully *551 reviewed the arguments and record, and affirm.

This court reviews a grant of summary judgment de novo and must determine whether, viewing the evidence in the light most favorable to the non-moving party, there exist no genuine issues of disputed material fact. Margolis v. Ryan, 140 F.3d 850, 852 (9th Cir.1998) (citation omitted). Both parties acknowledge that the City’s imposition of an obligatory seismic upgrade voids the lease pursuant to mutual mistake. See Guthrie v. Times-Mirror Co., 51 Cal.App.3d 879 , 124 Cal.Rptr. 577, 580 (1975). Therefore, whether Venice Market’s original plans required a seismic upgrade is dispositive of the claim of mutual mistake.

Town & Country argues…

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