U] Russ v. Fremont Unified School Dist. , No. A119260 (Cal. App. Dist. 1 12/30/2008) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE No. A119260 December 30, 2008 THELMA RUSS ET AL. , PLAINTIFFS AND APPELLANTS, v. FREMONT UNIFIED SCHOOL DISTRICT, DEFENDANT AND RESPONDENT. This is an appeal from the judgment entered after the trial court granted respondent Fremont Unified School District's motion for summary judgment. The Complaint On October 31, 2005, appellants Thelma Russ, Steven Wheeler and Sandy Wheeler (collectively, appellants) filed a complaint against the Fremont Unified School District (the District) in Alameda County Superior Court. The Russ 1978 lease agreement remained in effect until 2002, when Russ signed a new lease agreement (the Russ 2002 lease agreement). Russ signed new lease agreements containing these same terms in 2003 and 2004 (the Russ 2003 and 2004 lease agreements).

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