Yesterday the judge in the David Kapler case against the City of Alameda issued a temporary ruling in the motion filed by the City for Attorney’s fees:
Today there is a hearing that should finalize this temporary ruling unless something huge comes out of the woodwork.
One word: ouch.
The amount doesn’t include the attorney fees for David Kapler’s lawyer either so if, conservatively, her rates were half of what the City expended on the lower court and appeal court case, this lawsuit is going to cost David Kapler in excess of $375K, I don’t think this was the outcome he was counting on.
What will be interesting is if Ann Marie Gallant, whose case is also now in the appeals court with the appeals court tackling a very similar issue to the one they ruled on with the David Kapler case, will risk a ruling that might turn out not to be in her favor given the precedence with David Kapler. While she walked away with a pretty hefty severance package and didn’t even have to come into work those last three months, I don’t know many people who could afford a $260K+ judgment against them. It might be time to cut her losses before they are compounded exponentially.
And in other legal news from the appeals court it looks like the commercial portion of School Parcel tax Measure H (2008) has been ruled as not kosher and the appeals court has kicked this back to the lower court to determine if the school district will need to do anything with regard to the monies that have already been collected and long spent by now.
Once again: ouch.
Broken last night on Twitter by JKW:
The only, possible, bright side to this all is now the School District is in a pretty bad place financially, particularly if the judgment ends up requiring paying back all the money collected above the $120 per parcel for the commercial properties. So now that things may be really sucky for the School District and, by extension, the employees of the School District, perhaps there will be much more of a distinct need to repair the fractured relationship between the District and the Teachers Union given the possible ramifications of this ruling. I mean it’s the worst possible scenario ever for AUSD but I’m trying to see the silver lining in this great big clusterfuck.
And THIS is why agencies build up reserves.
Remember when I wrote that the close relationship between School Board member Trish Spencer and the Teachers Union was less a true meeting of the minds politically and more of a partnership of convenience? If this becomes a huge financial hit for the School District, I imagine the tides will quickly turn given Trish Spencer’s past positions on issues that were conveniently forgotten only a few months ago.