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rage i of ,+ <br />Noel Weiss <br />From: "Noel Weiss" <> <br />Date: Monday, February 29, 2016 3:32 PM <br />To: "Dave Aleshire" <> <br />Cc: "Doug Willmore" <>; "Anthony R. Taylor" <>; "Elena <br />Gerli" <> <br />Attach: Discussion of Equitable Indemnity Doctrine - California Real Property Journal - 2011.pdf <br />Subject: Re: Mediation <br />Dave: <br />This reminds me of the Vietnam War negotiations during 1968 where instead of the needed focus being exhibited <br />on the true "needs" of the other side, needless time was spent discussing the shape of the negotiating table.... . <br />.. The Nixon tapes is also a good analogy Dave..... call it the arrogance of power... call it what you will... But <br />fashioning a false reality only postpones the inevitable.. . <br />Let me be clear...... We are pursuing all claims against Green Hills. The objective of any mediation with the <br />City is to resolve our claims against the City; thereby enabling the City to cut and cap its losses. <br />The fact that the City Manager signed an Indemnity Agreement without first have the agreement approved by the <br />Council is not my problem. <br />If the City wishes to resolve and cap its exposure, the City needs to respect my needs..... Damages are <br />continuing to accrue and mount at $4,938.61 per day..... . <br />Dave, if the City is not careful, this case could "bankrupt" it given the relatively low cash balance of $60 Million... . <br />I am not interested in doing business with Green Hills at this moment in time..... Our claims are with the City.. . <br />. Green Hills has nothing to do with the resolution of those claims.... <br />If the City wishes to put its financial future in the hands of Green Hills, only the City Council can authorize such a <br />policy.... <br />The citizens of Rancho Palos Verdes "get it" will a jury when the underlying causes of action against Green <br />Hills are tried..... The citizens of Rancho Palos Verdes are not pleased.... The City Manager's decision to sign <br />that indemnity agreement without first having the City Council pass on its content was a huge error ..... There is <br />no question that the best interests of the City are not being served here.... <br />Dave, my objective is to nail Green Hills.... and I will ...... I do not wish and my people do not wish the City to <br />bear an undue financial hardship over this situation... . <br />That is why I have asked you and have asked Doug Willmore to visit the Vista Verde complex; go into the units <br />most impacted (or all the units for that matter) so you both can see and truly understand the burden my people <br />bear as a result of Green Hills callous, calculated, cruel, and oppressive acts..... in "gaming" the system to profit <br />off of the backs of my people in this manner.... . <br />That is also why I have asked for a one-on-one mediation with the City.... <br />This does two very important things: <br />1. It informs you, Doug Willmore, and the City Council, of the dynamics of the situation from an objective <br />standpoint..... The standpoint of a competent, experienced former Superior Court Judge, Peter Lichtman..... <br />with whom I have had the opportunity to deal with in connection with the Lincoln Place litigation.... which is <br />exceedingly complex and extended over a number of years... Judge Lichtman did a marvelous job and I believe <br />he will do so in this case.... . <br />2. Secondly, a one-on-one mediation informs me and my people as well.... RECEIVED FROM <br />AND MADE A PART OF TN- E ORD AT THE <br />)J <br />COUNCIL MEETING OF <br />.h OFFICE OF THE CITY CLERK <br />C-0 Y[�vc CARLA MORREALE, CITY CLERK <br />