Emails show city lawyers worked with Ash Street defendants for referee, which delayed testimony

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Emails show city lawyers worked with Ash Street defendants for referee, which delayed testimony
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Spokeswoman for City Attorney Mara Elliott said the exchanges were an effort to 'bring order to the chaos' created by plaintiff's attorney

The city of San Diego’s lawyers coordinated with attorneys representing defendants in the Ash Street case, slowing down a key deposition in the litigation, records show.

The emails, written over several days in February, show attorneys for the city, Hughes and other parties in the city’s lawsuits discussing depositions and their effort to get a judge to approve a third-party referee for future depositions after accusations arose of unprofessional behavior at a prior deposition.

The city sued Cisterra and Hughes for fraud last year after Hughes admitted collecting $9.4 million from the Ash Street lease and another deal for the nearby Civic Center Plaza while he was a volunteer consultant to the city. “What the communications actually exhibit is responsible legal counsel seeking to have the court bring order to the chaos wrought by Mr. Aguirre through his harassment via mocking witnesses, yelling, cursing, walking out, and more,” said Leslie Wolf Branscomb, a spokesperson for the City Attorney’s office.

“As I’ve said from the beginning, Mr. Hughes keeps giving dates for his deposition, and lawyers for Mr. Gordon and the city keep getting in the way,” he said Wednesday. “It seems to me that your readers would want to know why the city attorney doesn’t want to hear that testimony under oath.” Severson said she threatened to file a lawsuit to obtain the communications because city officials first claimed they were privileged communications, not subject to the act.

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