The L.A. Superior Court ruled today that plaintiff Frank Lindsay may amend his initial complaint and declared moot a request by the City of Carson for a demurrer in the case.
In the initial complaint, Lindsay asked the Court to require the City of Carson to honor the terms of the settlement agreement reached between the parties in July 2014. The terms included a significant revision of the city’s presence restrictions in order to be consistent with current state law as well.
In the amended complaint, Lindsay will ask the City to pay monetary and punitive damages based upon the city’s breach of the settlement agreement as well as fraud. After the agreement was signed by the City Manager and the City Attorney, the City Council decided not to honor the terms of the settlement agreement during a public meeting in August 2014. The City Attorney later asserted that the City Manager lacked authority to bind the city despite a provision in the agreement which stated otherwise.
The plaintiff must file the amended complaint within 20 days.