UPDATE: A judge has ruled there is no cause to continue with a lawsuit claiming improprieties in a non-binding written agreement between the Sacramento Kings and the City of Sacramento. But, as Capital Public Radio's Bob Moffitt reports, the plaintiffs in the lawsuit are being allowed to amend the suit to target the final arena deal approved by City Council on Tuesday.
Plaintiffs Attorney Patrick Soluri says he is pleased the judge is allowing the suit to be amended.
"All of these same allegations of fraud, collusion, misrepresentation, and just utter failure on part of City Council to do basic due diligence on this deal -all of those same issues continue to apply to these definitive agreements," he says.
City Attorney Matthew Ruyak says the plaintiff's description of the arena negotiations is inaccurate.
"Information is shared between parties. What the city does with that information? It takes that information, it digests that information, and it uses it as it deems is in the best interests of the City. So, it's unfortunate those terms bandied about, but that's not how it happened," he says.
A new hearing on the new lawsuit will be held within the next 55 days.
ORIGINAL STORY:
A judge has ruled in favor of the City of Sacramento in a lawsuit filed by opponents to a publicly-funded arena.
Sacramento Superior Court Judge Timothy Frawley's ruling on the suit filed in November of 2013 begins,
"Respondents/Defendants Kevin Johnson, John Shirey, John Dangberg, and the City of Sacramento demur to Petitioners/Plaintiffs First Amended Petition and Complaint (Petition) on the grounds the matter is not ripe, the petition fails to state facts sufficient to constitute a cause of action against Respondents, Petitioners lack standing, Respondents are immune from liability, and Petitioners are not legally entitled to the relief they seek."
The suit alleged the City provided a "secret subsidy" to the Sacramento Kings and that a term sheet was fraudulent.
Attorneys for the plaintiffs in the case were granted a request to appear before the judge within 55 days.
A separate lawsuit against the City and the Sacramento Kings was filed Wednesday.
0523 GONZALEZ Demurrer No2 Tentative v2
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