Tentative ruling issued by Judge Robert P Dahlquist on Aug. 27, 2021 in San Diego County, CA - Case no: xxxxx-NC

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On August 27, 2021, Judge Robert P Dahlquist of San Diego County Superior Court, Department N-29, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) San Diego County, California. Hearing Date 08.27.2021.

Case Type: Breach of Contract/Warranty

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Medical Acquisition Company's (MAC) motion for an order staying execution and delaying repayment (ROA # 1248) is granted in part as set forth below.

On July 2, 2021, this Court entered a judgment after remand finding that MAC owes Tri-City $4,042,754.84, representing the excess amount of "just compensation" withdrawn by MAC. (ROA # 1218)

MAC moves for a stay of execution pursuant to CCP § 1255.280. CCP § 1255.280(d) provides that "[t]he court may, in its discretion and with such security, if any, as it deems appropriate, grant a party obligated to pay under this section and stay of execution for any amount to be paid to a plaintiff. Such stay of execution shall not exceed one year following entry of judgment under this section." There are three motions on calendar that could reduce the net amount of the judgment: (1) MAC's motion to recover its expenses in the amount of $2,017,829.62 (set for hearing on 10/22/21); (2) MAC's motion for repayment of interest ($10,….....

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