AWCC Acquisition I, LLC v. ON Wind Energy, LLC CA5
Defendant ON Wind Energy, LLC (ON Wind) successfully sought summary judgment against plaintiff AWCC Acquisition I, LLC (AWCC) on AWCC’s claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and declaratory relief. On appeal, AWCC contends the trial court’s stated reason for granting summary judgment, that AWCC did not have standing to pursue these claims against ON Wind, is erroneous, and there remain triable issues of material fact on its breach of contract claim. Assuming AWCC has standing, we affirm the summary judgment on the alternate ground that there are no triable issues of material fact on the merits of any of AWCC’s claims.
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