Tracy First v. City of Tracy

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Filed 9/18/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ---- TRACY FIRST, C059227 Plaintiff and Appellant, (Super. Ct. No. CV032505) v. CERTIFICATION FOR PUBLICATION CITY OF TRACY, Defendant and Respondent; WINCO FOODS, Real Party in Interest and Appellant. APPEAL from a judgment of the Superior Court of San Joaquin County, Carter P. Holly, Judge. Affirmed. Herum Crabtree Brown, Herum Crabtree, Steven A. Herum, Brett S. Jolley, Kerri K. Foote, and Natalie M. Weber for Plaintiff and Appellant. Cox, Castle & Nicholson, Andrew B. Sabey and Sarah E. Owsowitz for Real Party in Interest and Appellant. Debra E. Corbett and Daniel G. Sodergren, City Counsel; Jarvis, Fay & Doporto, Rick W. Jarvis and Andrea J. Saltzman for Defendant and Respondent. 1 THE COURT: For good cause it now appears that the partially published opinion in the above-captioned case filed herein on August 27, 2009, should be published in its entirety and it is so ordered. FOR THE COURT: SCOTLAND , P. J. NICHOLSON , J. CANTIL-SAKAUYE , J. 2

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