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Real Property
Eminent Domain
Breach of Good Faith and Fair Dealing

Medical Acquisition Company Inc. v. Tri-City Healthcare District

Published: Jul. 30, 2016 | Result Date: Jun. 23, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 37-2014-00009108-CU-BC-NC Verdict –  $19,763,700

Court

San Diego Superior


Attorneys

Plaintiff

Duane S. Horning
(California Business Law Group PC)

David M. Florence

Tara Lusher
(Law Offices of Tara Lusher)

Tracy L. Schimelfenig
(California Business Law Group PC)


Defendant

Linda H. Mullany
(Gordon & Rees LLP)

Charles V. Berwanger
(Gordon & Rees LLP)

David K. Leatherberry
(Gordon & Rees LLP)


Experts

Plaintiff

Ted Bumgardner
(technical)

Gary H. London
(technical)

Lloyd W. Pellman
(technical)

Robert Backer
(technical)

Charles Black
(technical)

Heather H. Xitco
(technical)

Defendant

R.L. Houk
(technical)

Nathan S. Kaufman
(technical)

Michael Grant
(Duane Morris LLP) (technical)

Brian P. Brinig
(technical)

Stephen D. Roach
(technical)

Rusty Williams
(technical)

Facts

Plaintiff Medical Acquisition Company Inc. developed a medical office building on defendant Tri-City Healthcare District's hospital campus. Defendant then took the building plaintiff developed in eminent domain.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant interfered with and delayed plaintiff's development.

DEFENDANT'S CONTENTIONS:
Defendant contended that transaction was void because of conflicts of interest under Government Code section 1090.

Result

The court found in favor of the plaintiff and awarded Medical Acquisition Co. $19,763,700, which included $2,933,700 for breach of good faith and fair dealing and $16,830,000 for eminent domain. The court denied defendant's claims of conflicts of interest.

Other Information

FILING DATE: April 1, 2014.

Deliberation

one day

Length

one month


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