Late last month, SunCal refiled their federal lawsuit against the City of Alameda in the Northern District of California. Court documents show that the court in southern California ordered the case transferred to the Bay area pursuant to a City of Alameda motion to dismiss or transfer the case.
As with their original filing, SunCal is alleging breach of contract and fraud on behalf of the City of Alameda, the Alameda Reuse and Redevelopment Authority, the City agency created under federal law to oversee redevelopment of the former Naval Air Station Alameda, the Community Improvement Commission of the City of Alameda, the local redevelopment agency under state law, Interim City Manager Ann Marie Gallant, and John Does 1 through 10, who SunCal presumably hopes to name at a later date.
SunCal is claiming $17 million in actual expenses as damages, plus $100 million in “consequential damages,” including lost profit. Previously, Alameda City Attorney Teresa Highsmith told Action Alameda News, “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.”