Seven former directors of Berkeley Town House, a 60-unit senior housing cooperative, after challenging the impartiality of the judge assigned to hear a lawsuit against them, last week completed their arguments against the validity of the lawsuit itself.
In the suit, filed in late July in Alameda County Superior Court, co-op member Jonathan Pool claims that the former directors promised to pay $224,415 to the co-op to settle claims in a related lawsuit but broke that promise by getting the co-op to use its own funds to pay their debt.
In late August an attorney for the defendants, Fletcher C. Alford, notified the court that Judge George C. Hernandez, Jr., who had been assigned to the case, was “prejudiced” against his clients “or their interests” and asked for a new judge. The court reassigned the case to Judge Wynne Carvill.
In mid-September the defendants objected to the lawsuit itself, claiming that the complaint contained procedural defects requiring the court to refuse to hear the case. This month both the plaintiff and the defendants filed arguments rebutting one another’s arguments about the claimed defects. A decision by Judge Carvill on this issue is expected this week.