Court filings in federal court and Alameda County Superior Court this month show that the City of Alameda and SunCal will try to resolve SunCal’s Alameda Point and California Public Records Act lawsuits, respectively, against the City of Alameda through mediation.
An order by Judge Charles R. Bryer in the federal court case, CV 10-5178, dated April 12th stayed any pending hearings and case deadlines for 90 days, “pending mediation.” Both parties are to file a joint status report on the status of the case, and the mediation, 90 days out. SunCal had previously asked the court to sanction the City for $1 million for “spoliation of evidence,” based on discovery in the public records act suit in Alameda County Superior Court; the federal court docket shows a proposed order for that motion not yet granted by the judge. That same proposed order, written by SunCal’s attorney’s at Miller Barondess in Los Angeles, also effectively asked the court to force the City to continue to negotiating with SunCal under the Exclusive Negotiation Agreement (ENA) the then-City Council terminated in July 20th of last year.
Similarly, in the public records lawsuit, Alameda County Superior Court Judge David E. Hunter ordered, on April 14th, a stay in litigation in that case, pending a settlement discussion between the two parties. That case number is RG-10537988. The parties are to report to the court in 90 days.