OBOT versus the City of Oakland (2023)

Gavel

On July 10, 2023, the trial began in OBOT LLC v. City of Oakland.  The Plaintiffs are OBOT LLC and OGRE LLC, two companies owned and controlled by California Capital and Investment Group (CCIG), a business run by Phil Tagami and Mark McClure.  The Defendant is the City of Oakland.

The presentation of evidence on liability ended on August 31, 2023 on the 29th day of the trial. For information about the court’s schedule, see our events calendar

Our Reports

We provided an overview of the issues in the trial in our first day’s coverage: Trial Begins in Oakland Coal Case.

Our reports during the course of the trial are compiled in the post:  Courtroom Diary – NCIO Reports on OBOT v City of Oakland Trial; the final day of the trial (August 31, 2023) is covered in the separate post Coal Trial Ends: Light at the End of the Tunnel?

Witness Lists

Before the trial began, each side filed a descriptive list of the witnesses they might call during the trial.

OBOT’s Witness List

City of Oakland’s Witness List

Trial Briefs (Liability)

Before the trial began, each side filed an overview of their case with the court.

OBOT’s Trial Brief

City of Oakland’s Trial Brief

During the trial, the parties filed a series of briefs on the effect of the prior federal litigation (res judicata)

City of Oakland’s Trial Brief on Prior Federal Litigation

Plaintiffs’ Response to Oakland’s Trial Brief on Prior Federal Litigation

City of Oakland’s Reply in Support of City’s Trial Brief on Prior Federal Litigation

Plaintiffs’ Surreply in Opposition to City’s Trial Brief on Prior Federal Litigation

Statement of Decision (Liability)

Plaintiffs’ Proposed Statement of Decision

City of Oakland’s Proposed Statement of Decision

City of Oakland’s Response to Plaintiffs’ Proposed Statement of Decision

Plaintiffs’ Response to City of Oakland’s Proposed Statement of Decision

(Proposed) Statement of Decision, 2023-10-27

Judge’s Order regarding next phase of OBOT v Oakland, 2023-10-27

City of Oakland’s Objections to the Court’s Proposed Statement of Decision, 2023-11-13

Plaintiffs’ Objections to the Court’s Proposed Statement of Decision, 2023-11-13

Statement of Decision, 2023-11-22

Trial Briefs (Remedy)

Plaintiffs’ Remedy Phase Trial Brief, 2023-11-22

City of Oakland’s Remedy Phase Trial Brief, 2023-11-22

City of Oakland Pretrial Brief 1 on Proper Scope of Trial, 2023-11-11

City of Oakland Pretrial Brief 2 on Incidental Damages, 2023-11-11

Court’s Order After Case Management Conference, 2023-11-16

City of Oakland Pretrial Brief 3 on Incidental Damages, 2023-11-27

City of Oakland Pretrial Brief 4 on Availability of Legal Damages, 2023-11-27

City of Oakland Motion in Limine 1 to Exclude Undisclosed Damages, 2023-11-22

City of Oakland Motion in Limine 2 to Exclude Untimely Exhibits, 2o23-11-27

Plaintiffs’ Summary Damages Tables, 2023-11-27

Plaintiffs’ Opposition to City’s Motion in Limine to Exclude Undisclosed Damages, 2023-11-27

Plaintiffs’ Supplemental Trial Brief re Past Damages, 2023-11-27

Plaintiffs’ Supplemental Trial Brief re Legal Damages & Lost Profits, 2023-11-27

Plaintiffs’ Summary Damages Tables (Revised), 2023-11-28

Statement of Decision (Remedy)

Plaintiffs’ (Proposed) Statement of Decision, 2023-12-04

City of Oakland’s (Proposed Statement of Decision, 2023-12-05

(Proposed) Statement of Decision, 2023-12-11

Final Statement of Decision, 2023-12-22

Judgment

(Proposed) Judgment, 2024-01-08

Final Judgment, 2024-01-23