Picus Can’t Be Held Liable in Developer’s Suit, Judge Rules

City Councilwoman Joy Picus won a round in her legal dispute over Warner Ridge development Friday when a judge rejected a motion by property owners that Picus be held personally liable for any damages awarded in their $100-million lawsuit against the city.

Superior Court Judge Kathryn Doi Todd refused to allow Picus to be a defendant in the lawsuit by Warner Ridge Associates, saying a legal deadline had expired.

Warner Ridge Associates has accused the city of improperly denying the firm the value of its property and breaking various laws covering planning and zoning. Picus led the effort on the City Council to block the developers’ plans in January, 1990, by preventing the land from being zoned for offices.

At a news conference later Friday, Picus called the ruling a victory and criticized the developers. She said their motion was an attempt to weaken her resolve in opposing Warner Ridge Associates’ plans for a commercial project on its 21.5-acre site in Woodland Hills.

“But I won’t give an inch,” Picus said.

Robert McMurry, attorney for the developers, said the ruling was meaningless.

“Like a criminal defendant who gets off because of a wrongful search and seizure, she got off on a technicality,” McMurry said.

McMurry, however, acknowledged that the developers had sought to gain a “psychological” advantage by having Picus named as a defendant.

“It was Picus who engaged in most of the illegal conduct we allege,” he said. “It wasn’t the city. It was a one-woman show.

“It would probably be more appropriate and easier for a jury to find Picus in the wrong. The jurors may hate holding all the taxpayers liable for all the things Picus alone did.”

Normally, litigants suing government agencies don’t seek the personal assets of officials. However, it has been done. A notable example occurred when Jessie Larez, an East Los Angeles man whose nose was broken by police officers, sued Los Angeles Police Chief Daryl Gates. A federal jury in December, 1988, ordered Gates to pay $170,000 in punitive damages to Larez.

Gates has not paid the money, and the city has agreed to cover any damages levied against him. The case is set for a new trial in September, said Steve Yagman, Larez’ attorney.

Originally Picus was named in Warner Ridge Associates’ suit. She was dropped to speed up negotiations with the city attorney’s office, but no settlement could be reached.