Judge dismisses claim against Ash Street lender, formalizing tentative ruling

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Judge dismisses claim against Ash Street lender, formalizing tentative ruling
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Lawyers for taxpayer plaintiff John Gordon say they will appeal

from last week, granting a motion for summary judgment filed by lenders in a lawsuit over the disputed lease for the former Sempra Energy headquarters at 101 Ash St.

The plaintiff had wanted the court to bar the city from selling bonds after buying out the troubled lease The case against two other defendants in the Gordon case — the city of San Diego and its landlord, 101 Ash LLC, an entity created by Cisterra Development — remains scheduled for trial early next year.

Weeks after that civil lawsuit was filed, the city cited the same constitutional provision to justify suspending the $535,000 monthly payments for the uninhabitable building.“We appreciate the court’s time and consideration, and we will be moving forward to the appellate court,” said lawyer Michael Aguirre, the former elected city attorney for San Diego. “We hope we do better there.”

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