All you hear is good news and mutual back patting from local politicians and the public agencies involved in the purchase of 30% of Point Molate for a park.  But the reality is somewhat more dismal for both the City of Richmond and park advocates. What is seldom mentioned is the very active lawsuit that SunCal (Winehaven Legacy, LLC) has against the City of Richmond alleging damages resulting from breach of contract. The lawsuit could expose the City to tens of millions of dollars in damages and undo the whole park plan.

On December 6, 2024, the City of Richmond went before the Court with a Motion for Judgment on the Pleadings (MJOP) on eight causes of action based on the Appellate Court’s reversal of the Court’s decision that the City of Richmond complied with CEQA. The Court overruled the City’s MJOP in its entirety, a big loss for the City, leaving SunCal in an excellent position to ultimately prevail

There is a lis pendens filed that is effectively a cloud on the title that may make it impossible to obtain title insurance on the purchase.

The City is also fighting to prevent their own consultant, Mark Northcross, from testifying in the lawsuit because Northcross presumably advised the City that the SunCal financing plan was sound. The City Council rejected Northcross’ advice and blamed a flawed financing plan as their excuse for terminating SunCal. The motion will be heard on March 21, 2025.

Meanwhile, the City continues to spend millions on Point Molate litigation, security and maintenance with no end in sight.