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SunCal Re-Files Lawsuit Against the City of Alameda in Proper Venue

Earlier this week, SunCal made an announcement that they have filed an amended lawsuit against the City of Alameda in federal court. It appears that the move by SunCal is an attempt to get the case filed in the proper venue.

SunCal originally filed their lawsuit against the City in a court in Santa Ana, in Southern California, and attorneys for the City of Alameda subsequently moved to dismiss the case on the basis that it was inappropriate to hear the case in Southern California, when the witnesses and disputed actions are here in the San Francisco Bay Area, in the Northern California federal court district. The motion to dismiss was to be heard on November 22nd, and SunCal announced their amended filing on November 30th.

Asked for comment, Alameda City Attorney Teresa Highsmith told Action Alameda News, “SunCal is refiling its lawsuit in the appropriate court. It originally tried to bring the suit in its own backyard – Orange County – which was clearly an improper venue under the applicable law. In response, the City filed a motion to have the case transferred to Northern California. Rather than try to oppose that motion, SunCal has now elected to refile the case in the right place. SunCal has also added a claim for over $100 million in damages. The claim is baseless as well as in patent violation of the Exclusive Negotiating Agreement. In the agreement, all parties agreed that under no circumstances would they be entitled to damages against any other party regardless of the basis of the claim.”

SunCal’s amended filing is not yet available on the federal court document system. According to SunCal’s announcement, the case is number CV10-05178 in U.S. District Court for the Northern District of California.

3 comments to SunCal Re-Files Lawsuit Against the City of Alameda in Proper Venue

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