Sprint Spectrum Realty Company, LLC v. Hartkopf, Jr.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SPRINT SPECTRUM REALTY Case No. 19-cv-03099-JSC

COMPANY, LLC,

8 Plaintiff, ORDER RE: CROSS MOTIONS FOR SUMMARY JUDGMENT v. Re: Dkt. Nos. 94 &

WILLIAM F. HARTKOPF, JR.,

11 Defendant.

12 Defendant and counterclaimant William F. Hartkopf, Jr. and Plaintiff and counter defendant Sprint Spectrum Realty Company, LLC (“Sprint”) entered into a Personal Communication Services Site Agreement (the “Site Agreement” or “Agreement”) under which Mr. Hartkopf leased space on his roof to Sprint for the purpose of installing and operating a personal communication services site (the “PCS Site”). Before the Court are the parties’ cross- motions for summary judgment. Sprint moves for summary judgment on Mr. Hartkopf’s claims, and argues it is entitled to summary judgment in its favor on all of its own claims. (Dkt. No. 94.)2 Mr. Hartkopf moves for summary judgment on Sprint’s claims for breach of contract, the implied …