The former exclusive negotiating agreement states that if the negotiations fell through SunCal would just get back its $1 million deposit.

The judge said it was too early in the case to reach a final conclusion on waiving damages.

SunCal also has filed a separate claim that alleges Alameda has failed to produce internal city emails that allegedly would show that city officials were acting in bad faith during the negotiations.

http://www.insidebayarea.com/timesstar/localnews/ci_19207586