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by operation of the Sunroad Marina leasehold, held by any of the
Sunroad Marina Defendants through and including the present and
continuing through the sale of the subject leasehold.”
On February 14, 2003, the trial court entered a second
amended judgment in the lawsuit. The second amended judgment
stated in relevant part:
IT IS ORDERED, ADJUDGED AND DECREED THAT:
1. Pursuant to the court’s August 11, 1999, Order
on Plaintiff’s Fourth Cause of Action for Declaratory
Relief, plaintiff is entitled to and has a judicial
declaration that HCMP dissolved as of May 26, 1998, and
that the applicable provisions of the HCMP partnership
agreement required a public sale of the partnership
assets upon dissolution;
2. Pursuant to the aforementioned Court of Appeal
decision, plaintiff is granted specific performance as
prayed in his Sixth Cause of Action. SMP [Sunroad
limited partnership], as constructive trustee of HCMP,
shall (i) sell HCMP’s assets including, without
limitation, the lessee’s rights to the property
commonly known as Sunroad Resort Marina, on the open
market at the highest price SMP can procure after a
reasonable marketing effort and (ii) divide the net
sales proceeds among the parties as follows:
Plaintiff Robert A. Collins...............12%
Defendant Marina Holding [sic] Partners...24%
Defendant Sunroad Asset Management, Inc.
fka Sunroad Marina, Inc...................64%
3. Plaintiff is the sole prevailing party. He
shall have and recover from the Sunroad Defendants
reasonable trial attorney’s fees in the sum of
$168,829.50 and trial costs of suit in the sum of
$4,841.70, for a total of $173,671.20.
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