Monterey Bay Military Housing, LLC v. Pinnacle Monterey LLC

AMENDED ORDER ON MOTIONS FOR SUMMARY JUDGMENT

Before the Court are four motions for summary judgment by parties in this complex contract dispute. Pis.’ Mot.," ECF 151; Pinnacle Mot., ECF 153; Harrelson Mot., ECF 154; Goodman Mot., ECF 147. With leave of court, the defendants in this action also filed a supplemental motion for partial summary judgment.' Defs.’ Supp. Mot., ECF 206. The Court heard oral argument on all motions on May 14, 2015 and thereafter took the matters under submission. For the reasons stated herein, all four motions are GRANTED IN PART and DENIED IN PART. Defendants’ supplemental motion is DENIED.

*1015 I. BACKGROUND

A. The Parties

This case concerns a crumbling business relationship that has devolved into years of increasingly acrimonious scorched-earth litigation. At a high level, the parties in this action are, on the one side, entities affiliated with or controlled by Clark Realty Capital, LLC (“Clark Realty”) and, on the other side, entities and individuals affiliated with American Management Services LLC (“AMS”), which does business as “Pinnacle.”

The principal claims in this action are asserted in the Fifth Amended Complaint filed by the following…