Here are three recent developments in the city’s ongoing dispute with Sunroad:

  • Gov. Arnold Schwarzenegger declined to intervene in City Attorney Mike Aguirre’s fight against the office building because his administration is named as a defendant in Aguirre’s lawsuit.

In a letter the city received today, Schwarzenegger legal aide Andrea Lynn Hoch commended Aguirre’s goal of “protecting the public safety of San Diegans” by seeking the removal of the top two stories of the Sunroad building. But Hoch said it would be inappropriate for Schwarzenegger to ask Attorney General Jerry Brown to join the city’s lawsuit where the city is in a dispute with the state.

“As the California Department of Transportation is named as a defendant in the City’s lawsuit, it is not appropriate for the Governor to intervene in this matter” Hoch wrote.

You can read Hoch’s letter here.

  • With Aguirre disqualified from prosecuting Sunroad executive Tom Story earlier this month, the company is now making a similar move to remove the City Attorney’s Office from carrying out the civil lawsuit.

Sunroad attorneys are also alleging that Aguirre’s office crossed ethical lines when pursuing the criminal and civil cases at the same time. A hearing on the matter is set for June 8.

You can read Sunroad’s request to disqualify Aguirre here.

  • A judge ruled today that Sunroad’s cross-complaint against the city of San Diego will proceed, despite Aguirre’s attempt to have the case thrown out. The complaint seeks to recover $40 million in damages related to the city’s legal attack against the Montgomery Field-area building.

The city now has 10 days to respond to Sunroad’s countersuit, according to Kris Wilkes, the city’s outside counsel.


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