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GECCMC 2005-C1 PLUMMER STREET OFFICE LIMITED PARTNERSHIP v. NRFC NNN HOLDINGS, LLC

No. B229879.

204 Cal.App.4th 998 (2012)

140 Cal. Rptr. 3d 251

GECCMC 2005-C1 PLUMMER STREET OFFICE LIMITED PARTNERSHIP, Plaintiff and Respondent, v. NRFC NNN HOLDINGS, LLC, Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

March 29, 2012.

Attorney(s) appearing for the Case

Boies, Schiller & Flexner, Jonathan D. Schiller , Jeremy M. Goldman and David L. Zifkin for Defendant and Appellant.

Duane Morris , Phillip K. Wang , Philippe A. Toudic , Meagen E. Leary ; Gibson, Dunn & Crutcher, Theodore B. Olson , Dennis B. Arnold , Julian W. Poon and Blaine H. Evanson for Plaintiff and Respondent.

OPINION

ROTHSCHILD, J.—

NRFC NNN Holdings, LLC (Northstar), appeals from a judgment holding it liable as a guarantor on a loan in favor of GECCMC 2005-C1 Plummer Street Office Limited Partnership (Plummer) and a post-judgment order awarding Plummer attorney fees and costs. We conclude that as a matter of law the guaranty was not triggered. Therefore we reverse the judgment and the post-judgment order.

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