City of Hermosa Beach v. Super. Ct.
Petitioner City of Hermosa Beach (the City) seeks a writ of mandate directing respondent superior court to grant its motion for summary judgment or summary adjudication against real parties in interest Windward Associates and Macpherson Oil Company (collectively Machpherson). Court issued to all parties an order to show cause why the relief requested in the petition should or should not be granted. After reviewing briefs by the City and Macpherson, we conclude that the superior court correctly denied the Citys motion. As we will discuss, we find there is a triable issue of fact as to whether the Citys alleged breach of contract proximately caused Macphersons damages. The petition therefore is denied.
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