SUPERIOR COURT JUDGE BLOCKS DANA HARBOR PARTNERS ATTEMPT TO DERAIL CLASS-ACTION SUIT FILED BY BOATERS
Judge Glenda Sanders of the Orange County Superior Court rejected the attempt by Dana Point Harbor Partners (“DPHP”), the lessee/operator of Dana Point marina, to force dismissal of the Class Action lawsuit filed by boaters/slip holders (AKA Plaintiffs) in the marina that objects to the excessive slip price increase imposed by DPHP in October 2021.
DPHP’s attorneys filed a Demurrer on behalf of the DPHP and the County of Orange, defendants in the Class Action matter, asking the Court to dismiss the five causes of action for failure to state a cause of action. The Court heard the Demurrer on Friday, March 18. The Judge took the matter under submission and issued her final ruling on March 23. The Court rejected and overruled the Demurrer as to the Causes of Action for Injunctive Relief, Breach of Contract, and Unfair Business Practices, finding each had stated a Cause of Action against the DPHP. The Court sustained the Demurrer as to causes of action alleging Constructive Eviction and Declaratory Relief but gave the Class Plaintiffs (boaters/slip holders) leave to file an Amended Complaint if they so wish.
DPHP had hoped to derail the class action lawsuit without facing the merits of their actions which raised slip prices to an amount well in excess of similar marinas in Southern California, in what we contend was in violation of the lease agreement entered into by DPHP with the County, and in violation to the law, including binding Orders of the Board of Supervisors of the County of Orange.
The failure of the Demurrer to stop the primary Causes of Action means the DPHP will now eventually have to Answer the Complaint and will be subject to “Discovery” including depositions of DPHP officers and production of documents. The Plaintiffs (boaters/slip holders) are also contemplating a renewed Motion for Preliminary Injunction and possible Summary Judgement.
To our Dana Point Boaters, we appreciate everyone who has supported our cause to date. In order to keep up the “flotilla to justice,” we need your donations. As soon as you receive this eNewsletter, dig deep into your pockets and DONATE. Every dollar helps. Lawsuits are expensive, and with your help, we can continue our progress to overturn this injustice. Consider giving regular monthly donations of $150, $100, or $50. Do not hesitate and put your donation off for another day. DONATE NOW! You cannot act in the past nor in the future. Now is the best and only time to take action.
It feels good to be alive, ready, and willing to go for the justice you deserve!
