City Solutions, Inc. v. Clear Channel Communications, Inc.

ORDER: (1) GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT; AND (2) VACATING HEARING

Plaintiff City Solutions, Inc., is suing defendants upon claims arising out of a failed bid for a San Francisco city contract for newsracks. An order issued November 21, 2001, granted summary judgment for defendants on CSI’s third (breach of oral joint venture agreements) and fifth (interference with contract) causes of action. Because these claims were intertwined with CSI’s cause of action against defendant Eller Media Company for breach of fiduciary duty, the order indicated defendants could file a further motion for partial summary judgment pertaining to this claim only. Defendants have done so, arguing that no such duty was created in the course of the parties’ dealings. This order agrees with defendants and therefore GRANTS summary judgment on CSI’s breach of fiduciary duty claim. The hearing scheduled for March 14, 2002 at 8:00 a.m. is VACATED.

******

The parties are well aware of the underlying facts of this case, which are discussed in detail in the November 21 order. In its amended complaint, CSI alleges that Eller owed CSI fiduciary duties “arising (a) out of a…