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4. Plaintiff shall have and recover from the
Sunroad Defendants costs and reasonable attorney’s fees
on appeal in the sum of $27,321.31.
5. Except to the extent inconsistent with the
Court of Appeal’s reversal of judgment in favor of the
Sunroad Defendants on plaintiff’s Sixth Cause of Action
* * *, plaintiff shall take nothing by his First,
Second and Fifth Causes of Action. The previous award
of trial attorney’s fees and costs to defendant Sunroad
Asset Management, Inc. is vacated.
6. Plaintiff shall take nothing by his Third
Cause of Action against defendant San Diego Unified
Port District (“the Port”). The Port shall have and
receive from plaintiff its costs as shown on an
approved memorandum of costs, the amount of which shall
hereafter be entered in this blank: $ .
7. Pursuant to this court’s Minute Order dated
August 4, 2000, plaintiff’s Notice of Pendency of
Action dated and recorded January 13, 1999, in the
office of the San Diego County Recorder as Instrument
No. 1999-020302, has been and is expunged.
8. Plaintiff’s rights as a general partner of
HCMP remain intact. Accordingly, SMP shall forthwith
provide to plaintiff an accounting of all its income
and expenses on account of operation and refinancing of
the Sunroad Resort Marina Leasehold from and after
November 18, 1998, to date; and shall restore to
plaintiff (a) 12% of net sums realized by any of the
Sunroad Defendants from any and all loans repayment of
which was secured in whole or in part by a lien upon
the Sunroad Marina Leasehold, (b) 10% of all net
operating income or other cash distributions made to
any of the Sunroad Defendants on account of operations
of the Sunroad Marina Leasehold from and after November
18, 1998, until sale of the Leasehold directed in
Paragraph 2, above, and (c) 10% of all cash, cash
equivalents or assets purchased from cash generated by
operation of the Sunroad Marina Leasehold from and
after November 18, 1998, held by any of the Sunroad
Defendants.
9. The Court retains jurisdiction to monitor
compliance by the Sunroad Defendants with Paragraph 2
of this Second Amended Judgment.
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