The Alamedan: Federal judge downsizes SunCal suit, September 17 2012


A federal judge offered the city a fresh victory in former Alameda Point developer SunCal's fraud and breach of contract lawsuit, deciding the developer isn't entitled to recoup the $17 million it spent in its effort to reach a development deal.

In a 23-page opinion, United States District Court Judge Charles Breyer said SunCal didn't offer convincing evidence that the language of its exclusive negotiating agreement with the city allowed the Irvine-based developer to recover what it spent in its quest to build some 4,500 homes, commercial and office space at the Point. The developer could recover its $1 million deposit if the court determines the city breached the agreement, though.