Ruling means several key depositions may move forward ahead of March 17 hearing
A San Diego Superior Court judge rejected an emergency request Tuesday to order a third-party referee for future depositions in a taxpayer lawsuit seeking to void the city’s lease of the former Sempra Energy headquarters at 101 Ash St.
Wahl represents Cisterra Development, the landlord in the Ash Street deal. Wahl has been meeting with city officials, including City Attorney Mara Elliott, to try and resolve the Ash Street litigation. The city of San Diego also has separate lawsuits against Cisterra, CGA Capital and others. The city has said it should be allowed out of its leases, in part because it was given real estate advice by a volunteer consultant with a conflict of interest.
The Wahl deposition had been delayed for months until Wohlfeil issued a court order requiring the witness to appear. That interview took place over two days earlier this month and testimony was repeatedly interrupted by objections from his and Cisterra’s lawyers. The lawyer for the Ash Street lender complained that Gordon’s lawyers presented “outright lies and fabrications” during the Wahl testimony but did not cite specific misrepresentations.
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