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Lippett v. Lembi
The dispute underlying these appeals arose almost 10 years ago. In 1998, the Brandstetter Family Trust, of which Marie Z. Brandstetter (Brandstetter) was then trustee, leased premises in San Mateo County to appellants Frank E. Lembi (Lembi) and John Kockos (Kockos). In 1999, Brandstetter sued appellants for breach of the lease, initiating the first of three actions between the parties. In the first of these actions, the superior court ultimately declared the lease terminated. A second action brought by Brandstetter was resolved by a settlement agreement that, among other things, restored Brandstetter to possession of the premises. Lembi and Kockos then filed the third action, seeking reinstatement of the lease and tort damages from Brandstetter. Brandstetter prevailed on summary judgment in this final action and was awarded attorney fees.

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