Nov. 12, 2012
/PRNewswire/ -- On
November 8, 2012
, Superior Court Judge
granted a writ of mandate for Ready Golf Centers against the
City of Los Angeles
, compelling the Board of Commissioners of the Department of Recreation and Parks to sign a permanent 15 year contract for Ready Golf to operate the driving range and pro shop at the Sepulveda Golf Complex. Ready Golf had operated the Sepulveda Golf Complex for a number of years on an interim contract, and then in a completely open, transparent, and unbiased process, won the request for proposal issued by the City in 2007. Ready Golf was thereafter approved by the Mayor, and a unanimous Los Angeles City Council in December 2009. After City Council approval, the City continued to perform under the contract, in fact even renewing it for another five years. However, the Department never signed the contract. Thereafter, in
, the Department attempted to evict Ready Golf, arguing that it had never signed the permanent contract, and instead was operating under an interim, month to month contract.
Ready Golf immediately sued and obtained a preliminary injunction, precluding the Department from evicting Ready Golf. At the preliminary injunction hearing, the judge urged the City to simply sign the permanent contract. Instead, the Department persisted in fighting, and today, Judge Chalfant put an end to its arguments. As the court said: "
The Board's President and Secretary have a mandatory, ministerial duty to execute the revised Concession agreement with Ready Golf, which is enforceable by mandamus. The Petition for Writ of Mandate is granted."
Counsel for Ready Golf,
Drew E. Pomerance
, was very pleased with the victory, stating:
"The Court ruled in favor of Ready Golf on each and every issue, and recognized clearly that once all required approvals were obtained by the Mayor and City Council, that the Board was required to sign the contract. It is shameful that the Department has refused to sign the contract, and during this time of severe budget constraints, it is inexcusable that rogue members of Recreation and Parks have caused our City to waste precious taxpayer dollars by trying to evict Ready Golf and needlessly engaging in this litigation."
As Michael Bernback, owner of Ready Golf notes,
"the City stands to earn millions of dollars more in rental income if Ready Golf operates the Golf complex, then if the Department itself runs the operation. The City itself conducted a study and concluded that it would be better off financially if Ready Golf ran the concession."
Drew Pomerance, Esq.
Roxborough, Pomerance, Nye & Adreani, LLP (RPNA) is a
-based law firm providing expert legal counsel and representation to the
business community. Established in 1995, the firm offers a broad range of legal services in all facets of civil litigation, with its primary focus on litigation, legislation and policymaking issues involving insurance and business related concerns.
SOURCE Roxborough, Pomerance, Nye & Adreani, LLP