City to appeal decision in OBOT v Oakland
The City of Oakland will appeal Judge Wise's decision in OBOT v Oakland.
The City's attorneys filed formal notice on January 23, 2024, the same day Judge Wise filed her final, formal judgement in the case. The simple form the City filed indicated only an intent to appeal; it was posted on the court's e-Portal yesterday, January 24th.
The City's argument(s) to the California Court of Appeals will not be disclosed until the City files its opening brief.
Stay tuned ... it looks like OBOT v Oakland isn't over yet.
Image credit: Alpha ...
NCIO Vows To Keep Up the Fight as Court Issues Final Judgment
Coal terminal trial ends in split decision. No Coal in Oakland warns, "Investors, beware. There will never be a coal export terminal in Oakland."
OBOT elects to continue development of West Gateway terminal
Late this afternoon, on January 8, 2024, Judge Noël Wise published her Proposed Judgment in OBOT v Oakland. Parties may file objections or comments by Friday January 12, 2024 at 4:00 pm, at which point Judge Wise will determine whether to schedule a hearing for oral argument prior to finalizing her judgment.
As reported on December 25, the Judge’s final decision on remedies (published on December 22nd) directed that “Tagami now has a choice between walking away from the project with a mere $317,683 or resuming efforts to build the terminal with a new deadline to ...
Court Affirms: Tagami’s “Lost Profits” Claim Fails Bigly
On December 22, Judge Noël Wise brought a “Joyeux Noël” (French for “Merry Christmas”) to litigation-weary Oakland and a lump of coal for developer Phil Tagami whose victory in the liability phase of the trial has been cut to size by the judge’s final decision on the remedies from which Tagami must choose.
In her final decision in the state court battle between Phil Tagami’s OBOT and the City of Oakland, Alameda County Superior Court Judge Noël Wise slashed OBOT’s $159.6 million damages claim, offering less than a fifth of a penny on the dollar. Tagami ...
Chump Change or Steep Road to Coal: Court Narrows Tagami’s Options
In a proposed statement of decision issued Monday, Judge Noël Wise slashed OBOT’s $159.6 million damages claim, leaving developers with a choice between walking away from the project with a paltry $317,683 or resuming efforts to build the terminal with an extension of their initial construction deadline to June 2026. Phil Tagami’s team has until January 5 to pick between these two remedies.
This is a big loss for OBOT. In their final pitch, the developers sought an opportunity to choose between $159.6 million to walk away or $24.6 million if they want to go ahead ...
Judge denies OBOT’s “speculative” lost profits claim
Judge Wise awards fraction of a penny on Tagami's imaginary "losses"
Judge Noël Wise issued a "(Proposed) Statement of Decision re: Damages" in OBOT v Oakland today, December 11, 2023.
In it, she "finds that OBOT’s claim for lost profits is speculative and not reasonably certain."
As reported earlier, in seeking damages, "Tagami is seeking to choose between two alternative remedies that he has proposed: (1) $19.1 million in damages and reinstatement of his lease with 2½ years to commence construction ; or, (2) $159.6 million in damages to walk away from the ...
Coal Trial Ends; Decision Expected By Xmas Weekend
The trial of Phil Tagami’s state court breach of contract case against the City of Oakland came to a close on the first day of December, four and a half months after it began. It's now up to Judge Noël Wise to decide what remedy Tagami has won.
High Stakes as Remedy Phase of Coal Trial Begins
Will developer Phil Tagami be awarded an imagined $150 million in past damages and future profits he claims he has lost or been prevented from gaining as a result of the City’s alleged efforts to block construction of a coal export terminal in West Oakland? Will Tagami be granted an extension of time to break ground on the terminal? Will he get an opportunity to choose between a massive amount of money or an opportunity to go ahead with the controversial project, in partnership with a Los Angeles hedge fund operator? Or will Tagami's victory in his lawsuit against the ...
Back in the Tunnel Again: State Court Rules Against City
This afternoon, Judge Noël Wise published her “(Proposed) Statement of Decision” in the OBOT v Oakland trial that began on July 10, 2023.
Courtroom Diary: NCIO Reports on OBOT v City of Oakland Trial
Follow NCIO's coverage of the trial here.
