November 25, 2024 -- A Superior Court judge on Friday urged the parties in an 8 1/2 year old voting rights lawsuit to try and mediate the case, which won't go to trial for another year.
Judge Daniel M. Crowley scheduled a status hearing on January 31, when attorneys for the Latino plaintiffs and the City's defense will address disagreements over statements of facts in a February 2019 Superior Court ruling against the City.
In the ruling, Judge Yvette M. Palazuelos, who has since retired, found Santa Monica's at large election system discriminates against Latino voters and ordered the Ciy to hold district-based elections ("Judge Orders Special District Elections for Council in Final Ruling," February 16, 2019).
The City Council immediately appealed the case to a State Appellate Court that ruled in favor of the City before the plaintiff appealed to the State Supreme Court, which remanded the case back to the Appeals Court that sent it back to Superior Court.
As of November 6, 2023, the City had been billed $12,803,149 for legal fees by Gibson, Dunn & Crutcher, one of the most expensive law firms in the country, according to a document from the City.
Judge Crowley cautioned at Friday's hearing that regardless of the outcome in Superior Court, the case could continue for another four years, with the losing party appealing each ruling, according to several sources who attended the hearing.
Crowley "certainly communicated his strong desire that the parties participate in mediation," said Kevin Shenkman, the plaintiff's lead attorney.
So far, the City Council has not voted to enter into mediation, with only three of the seven members expressing support for negotiating a settlement and ending the lawsuit.
Councilmember Lana Negrete, who has said any change to the election system should be approved by voters, broke ranks with the Change faction on the Council.
In the November 5 election, the Change faction lost three seats as Santa Monica's political establishment –- which opposes districts -- swept all four open seats, dashing the prospect that a settlement will be reached ("Council Race Fizzles to an End," November 19, 2024).
If the case goes to trial as expected, new evidence would be entered based on the three Council elections that have taken place in 2020, 2022 and 2024 since the initial Superior Court ruling was handed down.
Shenkman estimates that will result in a six to eight week trial the judge said would start late next year.
City officials declined to comment on Friday's hearing.