After much deliberation on the part of the Plaintiffs and the Legal Team, they have decided to appeal Judge Hurwitz’s ruling on the Motion for Summary Judgment.
Attorneys for the boaters believe there are strong legal arguments that support the appeal and expect the three-judge panel of the Court of Appeals to take a serious, critical look at the trial court's ruling. In complicated Class Actions like this, if there are disputed legal issues, an appeal is almost always filed by one side or the other. This Class Action needs your continued support.
The heart of the appeal is one of contract interpretation. The Plaintiffs and the Legal Team feel the judge wrongly ruled that the lease requirement for "market rates" "reasonably determined" did not provide the boaters, as the payers of those rates, the right to ask the Courts to enforce the lease terms when DPHP charged non-market, unreasonable rates.
We will let you know once the Appeal documents have been filed with the CA Court of Appeals. We still require financial assistance and ask you to contribute to the cause today by clicking here. As always, thank you Dana Point Boaters, for all your generous contributions. We are truly blessed to have your support!