Summary of ruling:
Tri-City Healthcare District (Tri-City)'s motion for summary adjudication "on Plaintiff Medical Acquisition Company's (MAC) cause of action for inverse condemnation" (Notice of Motion) is denied because the Court believes that adjudication (or re-adjudication) of MAC's cause of action for inverse condemnation falls outside the scope of the remittitur issued by the Court of Appeal. The Court agrees in large part with the substantive legal arguments advanced by Tri-City in connection with this motion, but the Court does not believe that it should adjudicate (or re-adjudicate) MAC's cause of action for inverse condemnation by granting summary adjudication on that cause of action. Instead, in connection with the upcoming court trial to address any "damages resulting from Tri-City's abandonment of the eminent domain proceeding" (Court of Appeal opinion at page 15), the Court invites the parties to file motions in limine to define the scope of that trial. At this point, s
Hearing Date
July 21, 2020
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Summary of ruling:
Tri-City Healthcare District (Tri-City)'s motion for summary adjudication "on Plaintiff Medical Acquisition Company's (MAC) cause of action for inverse condemnation" (Notice of Motion) is denied because the Court believes that adjudication (or re-adjudication) of MAC's cause of action for inverse condemnation falls outside the scope of the remittitur issued by the Court of Appeal. The Court agrees in large part with the substantive legal arguments advanced by Tri-City in connection with this motion, but the Court does not believe that it should adjudicate (or re-adjudicate) MAC's cause of action for inverse condemnation by granting summary adjudication on that cause of action. Instead, in connection with the upcoming court trial to address any "damages resulting from Tri-City's abandonment of the eminent domain proceeding" (Court of Appeal opinion at page 15), the Court invites the parties to file motions in limine to define the scope of that trial. At this point, s