Hammes Co. Healthcare, LLC v. Tri-City Healthcare District

ORDER: (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; (2) DENYING PLAINTIFFS’ EX PARTE MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF

(ECF Nos. 38 77)

Presently before the Court is Defendants Tri-City Healthcare District, Larry Anderson, and Pamela Smith’s motion for partial summary judgment. (ECF No. 38.) Also before the Court are numerous responsive pleadings. , (ECF Nos. 50-53, 74-75.) Having considered the parties’ arguments and the law, the Court GRANTS IN PART and DENIES IN PART Defendants’ motion.

BACKGROUND

This action arises from the failed development of an outpatient surgery center and medical office building adjacent to the Tri-City Medical Center and Hospital in Oceanside, California (the project). Plaintiff Hammes Company Healthcare, LLC (Hammes) is a healthcare facility design and development company that works with hospitals and medical districts throughout the country. (Opp’n 1, ECF No. 50.) Plaintiff HC Tri-City I, LLC (HC) is a special purpose entity formed for the purpose of leasing the real property upon which the medical office building was to be located and constructing the medical office building. (Beam Decl. ¶ 14, ECF…