This morning, the City of Alameda announced that a federal judge has thrown out a lawsuit claim by former would-be Alameda Point developer SunCal, which had sued the city for $100 million in lost profits.
Continue reading Judge Throws Out SunCal’s $100 million Claim Against City of Alameda
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Earlier today, SunCal, the former master developer-in-waiting for Alameda Point, now suing the City of Alameda for over $100 million after being kicked-off the project, issued a press release headlined “SunCal Defeats City of Alameda in Federal Court.” Unsurprisingly, the City Attorney’s office characterized recent federal court developments differently. 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. As of last Friday, the City of Alameda has not filed an opposition response to SunCal’s motion for $1 million in legal sanctions for spoliation of evidence against the City in their federal lawsuit. The case number is 10-cv-05178 in United States District Court, Northern District of California. Court documents filed late last month in southern California show that SunCal has lost their counter-claim of fraud against Gray 1 CPB LLC and Central Pacific Bank over loans the bank made to SunCal for a development project. Late last week, Judge David Hunter of the Superior Court of California, Alameda County partially granted a motion for a protective order requested by the attorney representing the City of Alameda. The order was requested to protect against “abusive” deposition tactics by SunCal’s attorneys as part of their public records lawsuit against the City of Alameda. The attorney representing the City of Alameda in SunCal’s public records lawsuit against the City has filed a motion for a protective order “to prevent abusive deposition tactics and the deposition of defendants’ counsel and for the imposition of monetary sanctions,” saying that Louis Miller’s tactics are intended to intimidate the employees of the City of Alameda and uncover information that SunCal might use in its federal lawsuit against the city. Federal court documents obtained by Action Alameda News show that in late October of this year, SunCal CEO Bruce Eileff, SunCal master entities SCC Acquisitions Inc. and SCC Acquisitions LLC, and others were the targets of a lawsuit by a bankruptcy trustee, who claimed that the defendants fraudulently disbursed $144 million lent to them. 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. Court documents show that SunCal’s amended refiling of their lawsuit against the City of Alameda in the proper venue, the U.S. Northern District of California Court, was filed manually, on paper, and should have been filed electronically. The error by SunCal’s attorneys, Miller Barondess, explains why records of the amended lawsuit are not yet [...] |
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