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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

section 1951

Citation
section 1951
Parent Document
250 LLC v. Photopoint Corp.(usa), 32 Cal. Rptr. 3d 296 (2005)
Jurisdiction
California (state)
Effective Date
2005-07-28

Other Sections in This Document (165)

Full Text

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We are not called upon to decide whether a letter of credit constitutes a “payment or deposit of money” for purposes of section 1950.7 because 250 had drawn the entire amount of the letter of credit before the security deposit was due to be returned, and 250 was thus holding only “money” at the relevant point. Nor does the “independence” of letters of credit have any bearing on PhotoPoint’s right to the return of that money under the lease and the law governing the lease. This conclusion is supported by the decision in In re Graham Square, Inc. (6th Cir. 1997) 126 F.3d 823. The debtor in Graham Square