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SunCal Lawsuits Against City of Alameda Grind On

Two years after SunCal first filed a lawsuit against the City of Alameda over the company’s ouster as master developer for Alameda Point, court records show two cases dragging on.

In September of 2010, SunCal sued the City of Alameda in California Superior Court, alleging that the City violated the public records act. A review of court records show numerous case conferences between the two parties scheduled throughout this year, the next set for September 4th. The case is RF-10537988 in Alameda County Superior Court.

On August 4th of 2010, SunCal filed a federal lawsuit against the City of Alameda, alleging breach of contract, after a city council vote denied SunCal the right to move forward with a modified development plan for Alameda Point, which was prepared after SunCal’s ballot measure was defeated in February of that year.

Earlier this year, the City of Alameda submitted a counterclaim against SunCal, asking that the court found that SunCal breached the Exclusive Negotiation Agreement (ENA) with the City, and award the City of Alameda the costs of the lawsuit. SunCal filed an opposition to the counterclaim.

The City also filed this year a motion for partial summary judgment that would rule that out-of-pocket costs and reliance damages could not be recovered by SunCal under the ENA.

The judge held off on making a ruling and ordered the two parties to continue mediation.

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