Court of Appeals Sides With Piedmont In Procedural Motion in Undergrounding Lawsuit
On March 21, 2013, the California Court of Appeal sided with the City of Piedmont in a procedural motion in its suit against the two engineering firms who designed the Piedmont Hills Undergrounding Assessment District.
The Court of Appeal upheld a lower court ruling that the City’s filing of its suit in Superior Court was indeed proper and that arbitration was not mandated by the City’s contract with its engineers.
The case will now go back to Superior Court and will be tried on its merits. No trial date has been set.
Following direction from the City Council, the following documents have been posted related to the civil suit against the engineers for the Piedmont Hills Underground Assessment District:
- The City of Piedmont’s complaint against Robert Gray Associates and Harris & Associates
- Response from Robert Gray Associates
- Motion by Harris and Associates to compel arbitration
- Order Denying Motion to compel arbitration
- Notice of Appeal by Harris & Associates
- Cross Complaint by Robert Gray Associates against Harris & Associates & Coastland Civil Engineering
- Harris & Associates Opening Appeal Brief
- City of Piedmont’s Appeal Brief
- Robert Gray Associates Appeal Brief
- Order on City of Piedmont’s motion to augment record in appeal
- Harris and Associates Reply to appeal briefs
- Court of Appeal Decision on Harris & Associates Appeal
More information on the case is available from the Superior Court of California, County of Contra Costa, “My Court Case” web site.