Defendants announce appeal in Berkeley co-op case

The attorney for seven defendants in a lawsuit involving a Berkeley senior housing cooperative has filed a notice that he will appeal an order setting aside a disputed settlement between the parties.

Berkeley, California, 6 March 2014

The attorney for seven current and former directors of a Berkeley senior housing cooperative filed a notice yesterday in Alameda County Superior Court stating that he will appeal an order issued a month earlier in the case.

The order by Judge George C. Hernandez that is being appealed by attorney Fred M. Feller set aside a settlement between the parties and left the issues in dispute open for litigation. In the lawsuit, which plaintiff Jonathan Pool, a member of Berkeley Town House, filed two years ago, Pool complained that defendants Almalee Henderson, Judith Wehlau, Charles Tuggle, Katherine Miles, Nancy Epanchin, Raymond Dirodis, Rita Zwerdling, and Cheryl L. Samson had wasted co-op funds on defective construction, put residents at risk by neglecting warnings of possible seismic weaknesses in the co-op building, and violated rights of co-op members to information disclosure, access to common areas, financial accountability, and democratic participation.

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