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The Dana Point Boaters Association Board of Directors can ask that question too!
To those of you receiving Mr. Ueberroth's letter sent today to the tenants of The Marina at Dana Point here is our reply.
First, we would like to thank Mr. Ueberroth for notifying all of The Marina at Dana Point tenants of the pending lawsuit. Job well done! The Dana Point Boaters Association has been trying to notify all slip holders of the pending lawsuit since its filing date in September 2021. The Honorable Lon Hurwitz, Judge in the proceeding, has asked Dana Point Harbor Partners to release the slip holder list to the Plaintiffs’ Counsel, and they have refused. There is a hearing scheduled on May 11th on this topic.
In response to other highly misleading comments in Mr. Ueberroth’s email blast to the slip tenants please be advised the Plaintiff, who had a short conversation with Mr. Ueberroth did not say he disagreed with the DPBA. He said he did not want to stop the rebuilding of the docks, and neither does the DPBA. The issue in the lawsuit is the excessive and unconscionable slip fee increase, not stopping the rebuilding of the docks.
Plaintiff tried to be professional and nice. To the point, even Joe noted that. Plaintiff also stated to Joe that he wanted him to hear directly from the PLAINTIFF…that NO ONE wants to stop the project or redevelopment! He also told Joe he hoped they could work together in the future for everyone’s good. When Joe mentioned an action in the case, our Plaintiff stated he is not directly involved in the front-line fight…that’s up to our legal team.
As you can see from the Plaintiffs recant…he never threw DPBA under the table, WE ARE ALIGNED and working well together. Why would a plaintiff, that’s a boater and has a full-time job, be up on the daily legalities of any case? The plaintiffs have spent countless hours working the case and being torn apart by the opposing counsel in depositions. This plaintiff IS involved and at the table when asked to be or needed. This is an OUTRAGEOUS statement from Joe. Clearly printed to excite and split our camp. Not happening.
As to the Motion to Certify Class, the ruling is merely an interim ruling that will only require filing of additional evidence. It was denied without prejudice, which means the Judge is inviting us to submit a new motion with additional evidence. The truth is, the Judge agreed with Plaintiffs and found for Plaintiffs had provided sufficient evidence as to the primary grounds for class certification. Those that still need to be proven by additional evidence can easily be done. The Partners’ counsel used deceitful, misleading quotes from Depositions out of context to defame the three Plaintiffs as not being appropriate representatives for the class. All those quotes will be explained in the renewed Motion the Judge invited Plaintiffs to file. Nothing in the Judge’s ruling bars the case going forward or eventual classification as a Class Action matter. Not only can these interim issues be resolved, they will be resolved.
As to the pending Motion for Summary Judgment, as previously noted, it is not even close to being an appropriate basis for Summary Judgment. It attempts to have this Judge overrule the previous finding of the previous Judge on the case. It again uses false statements from Mr. Ueberroth and Mr. Miller that directly contradict their deposition testimony, and the legal points made are contrary to established law of California. We strongly anticipate that the Court will deny the Motion as an appeal would surely follow if it was not denied.
As we are all aware, the Partners are not being straight with the boaters. Don’t believe their nonsense.
Was Mr. Ueberroth’s letter meant to incense us all? We had to chuckle while reading it. One thing, though, he is correct about, we still need funds to continue our legal battle, so please generously contribute today. If you speak with boaters on the docks who NOW know about the pending litigation, please encourage them to sign up for our Newsletters at danapointboaters.org and make a contribution.
As the old saying goes, “It ain’t over until the fat lady sings”, and by the way, the fat lady hasn’t begun singing!
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