Berkeley, California, 19 March 2014
The trial of a lawsuit involving a Berkeley senior housing cooperative was postponed yesterday at the request of two of the parties to the suit. Berkeley Town House and Jonathan Pool, the member of the co-op who had filed the suit, jointly asked their judge in Alameda County Superior Court to postpone the trial, which had been scheduled for 4 April, and the judge agreed.
The postponement came in the wake of an announcement that seven of the defendants in the suit would be appealing one of the judge’s orders in the case to the Court of Appeal. The appeal, said the request, was going to postpone consideration of most of the issues in the case anyway, so holding a trial on the minor remaining issues would not be practical.
While canceling the originally scheduled trial date, Judge George C. Hernandez, Jr., scheduled a case management conference for 19 May.
The suit asks the court to award the co-op more than $200,000 in damages for wasted assets, to order that warnings of seismic risks be heeded, and to issue injunctions against alleged financial and procedural misconduct. The order that is being appealed invalidated the parties’ interpretations of an agreement to settle the case and declared that agreement void.