Judge: Eddie C. Sturgeon, Case: 37-2020-00036081-CU-BC-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2020-00036081-CU-BC-CTL RED FIT LLC VS MG CONSTRUCTION PROS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Amended Motion, 03/21/2023

As an initial matter, the parties' requests for judicial notice are granted. (ROA 112, 130.) The court will hear from the parties on whether issue preclusion should apply to read the releases as barring the claims in this case.

This court's prior order denying summary judgment did not dispute that the releases may have barred some claims against some parties but found that the release language was ambiguous as to this Defendant. Of what significance is it that neither the court in the Michigan Action nor the arbitrator in the AAA arbitration determined whether the releases applied to Defendant MG Construction Pros, LLC or the construction contracts at issue in this case? Calendar No.: Event ID:  TENTATIVE RULINGS

2945206  9