Monday, October 27, 2014

Did UCSD deal in good faith with C.H.E. Cafe?

October 22, 2014

SAN DIEGO – On Tuesday, October 21, 2014, at approximately 10:00 a.m., San Diego Superior Court Judge Katherine Bacal issued a ruling in favor of UCSD in the eviction lawsuit filed by the Regents of the University of California/UCSD at the behest of a select core of administrators (“Administration”) against the C.H.E. Café Collective over the use of the iconic 34-year old, vegan, student-controlled venue and creative space, the C.H.E. Café.
Upholding the Collective’s main legal theory, Judge Bacal rejected the Administration's claim that the dispute resolution provisions of the lease did not apply to the termination at issue in this case. However, she also found there was insufficient evidence that a formal request for dispute resolution had been made by the Collective, thus permitting the Administration to terminate the lease at will. Yet, the Administration had acknowledged a request for dispute resolution had been made but had argued it was mooted by a previous lawsuit filed by the Collective that was later dismissed.  In addition, the Collective was reassured in various conversations that it was protected by a ‘holdover status’ provision in the lease and that it did not need to worry about an eviction. 
Completely disregarding these earlier reassurances, the University filed its eviction lawsuit and argued in court that dispute resolution was never formally requested by the Collective.  
Ignoring the true facts and history of negotiations, the Administration was able to convince the Judge that the formal requirements for invoking dispute resolution had not been followed by the Collective, and the Court ultimately held that thus the Administration had a right to terminate the lease with the Collective.   
"I am glad the judge sided with our position that the dispute resolution provision portion of the lease applied to this termination," stated Bryan Pease, attorney for the Collective. "I am just a bit perplexed that the basis for ruling in favor of the University was lack of evidence that dispute resolution had been requested, when there was evidence before the Court that it had been, and when both parties addressed it in closing arguments. The University misled its own students throughout the last several years by consistently asserting that dispute resolution did not apply, and that the Collective did not need to formally request dispute resolution as part of the lease terms. Unfortunately, apparently applying the same tactics, the University was able to convince the Court that it had the right to evict the Collective at will.”   
Katherine A. Bacal is a judge for the Superior Court of San Diego County in California. She was appointed by former governor Arnold Schwarzenegger in January 2008 to succeed Thomas C. Hendrix. 


Bacal received a bachelor's degree from the University of Redlands and a J.D. from the University of Texas at Austin.


No comments: