FOR IMMEDIATE RELEASE:
October 22, 2014
CONTACTS:
Rene Vera (619) 865-8696 grveraxxx@gmail.com
|
MEDIA ADVISORY
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.
Education
Bacal received a bachelor's degree from the University of Redlands and a J.D. from the University of Texas at Austin.Career
- 2008-2017: Judge, Superior Court of San Diego County
- 2000-2008: Attorney, Baker & McKenzie
- 1991-2000: Attorney, Gibson, Dunn & Crutcher[1]
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