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Lawyers for real estate broker Jason Hughes have argued that the city's settlement with two other defendants, Cisterra and CGA Capital, also included him.
Decision upholds tentative ruling from earlier in the week; one defendant remains in the case
The tentative ruling Wednesday will be debated at a Friday hearing.
Lawyers for the plaintiff, John Gordon, say they plan to appeal.
Superior Court Judge Joel Wohlfeil, who rejected the request in a tentative ruling, took the matter under submission after a Friday hearing.