A member of Berkeley Town House, a 60-unit senior housing cooperative, filed suit today against seven former directors for breach of contract and asked the Alameda County Superior Court to order the defendants to pay the co-op $224,415.
San Francisco attorney David H. Schwartz, representing plaintiff Jonathan Pool, claimed that the defendants had promised to pay this amount to the co-op but had broken that promise. This promise was, he claimed, part of an agreement settling Pool’s monetary claims against them on behalf of the co-op in a related lawsuit filed three years ago. Instead of paying the promised sum, he claimed, the defendants had arranged for the co-op to treat money received in settlement of another lawsuit by the co-op as fulfillment of their promise.
Because of the close relation between the two suits, Schwartz asked the court to assign the new suit to the same judge.