Judge Rejects City Effort to Block Warner Ridge Lawsuit

A Superior Court judge on Thursday rejected a city of Los Angeles bid to quash a lawsuit by the developers of Warner Ridge and then rapped the city’s knuckles for improper legal tactics.

Superior Court Judge Kathryn Doi Todd said in a written ruling that a motion filed by the city to void the $100-million lawsuit was so “frivolous” that it violated state law. Todd said the city’s motion was virtually identical to one the city filed in 1990--and which had been rejected by former Superior Court Judge Philip Saeta.

As punishment, Todd ordered the city to pay the $6,015 legal costs that Warner Ridge Associates, the development team that owns the controversial 21.5-acre Woodland Hills parcel, incurred fighting the motion.

Deputy City Atty. Tony Alperin later said it was the first time in his 13 years in the city attorney’s land-use section that the unit had been so penalized. Todd told Alperin in court that she had even considered ordering the city to pay the court’s costs in reviewing the lengthy documents filed with the motion.

The city’s motion contended that even if the accusations cited in the suit by Warner Ridge Associates were true, no law had been violated. Alperin said the city’s motion had been altered somewhat. He said the city believed that its actions were an appropriate response to changes Warner Ridge Associates made in its lawsuit after Judge Saeta’s ruling.

Thursday’s court action was the latest episode in the legal wrangling between the city and Warner Ridge Associates. Development has been stalled by a dispute over the type of use appropriate for the site.

The owners--Spound Cos. and Johnson Wax Development Co.--initially sought to build 810,000 square feet of commercial space. But in January, 1990, the Los Angeles City Council, led by Councilwoman Joy Picus, rejected that application and gave the developers permission to build a maximum of 65 residences.

The owners sued, contending that the council action violated various laws and illegally depressed the value of the property.

Todd’s sanctions against the city had been requested by Robert I. McMurry, attorney for Warner Ridge Associates.

In brief oral arguments, McMurry told Todd that the new motion was part of a city effort to wear down his clients with delays and legal bills so the merits of their case would never be heard. McMurry said his client is already paying $300,000 a month in financing and other costs for the Warner Ridge site.

Todd’s ruling indicates that Warner Associates’ case has enough merit to warrant a trial, McMurry said.