Judge: Michael T. Smyth, Case: 37-2020-00036081-CU-BC-CTL, Date: 2024-06-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - June 27, 2024

06/28/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Summary Judgment / Summary Adjudication (Civil) 37-2020-00036081-CU-BC-CTL RED FIT LLC VS MG CONSTRUCTION PROS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The court is not inclined to revisit decided issues in this case, which were extensively briefed and litigated. With respect to the disgorgement claims, the court understands that it is undisputed that all funds were paid prior to the November 12, 2019 release date. (E.g., UMF No. 15.) In addition to any other argument the parties would like to make, the court requests the parties address the following questions/points: 1. Do the disgorgement claims accrue before or after November 12, 2019? 2. Did work continue after November 12, 2019 at the Carmel Valley location? 3. Did work continue after November 12, 2019 at the Encinitas location? Calendar No.: Event ID:  TENTATIVE RULINGS

3092162