By Staff Reports
(Adelanto)– Citing concern that the upcoming baseball season will continue to impose significant financial strain on the City, Adelanto filed an Unlawful Detainer March 17, 2016 to have Main Street California LLC, doing business as the High Desert Mavericks (LLC), evicted from the stadium.
“The Mavericks have given no accurate accounting of revenues owed to the City which they have generated from Facility Parking Lots and Facility Conference Room. This was supposed to be a self-sufficient enterprise. However, the burden continues to fall on the Adelanto taxpayers, not the High Desert residents,” said Mayor Rich Kerr.
“The City of Adelanto declared a fiscal crisis in 2013 and is still not in a position to continue to assume financial responsibility to pay for water, gas, electricity, landscaping and maintenance for the stadium the next seven months to accommodate the team’s schedule,” said Kerr.
“I am surprised at the gall they have to plan a season and promotions as if this matter has already been resolved in their favor,” said Kerr.
On December 18, 2015, the City properly served the LLC with a Notice to Vacate and the LLC is aware that the City is seeking to evict them. Adelanto contends continued use by the Mavericks and occupancy of the publicly owned stadium is in bad faith. Further, the City has declared the Public Facility Use Agreement an illegal gift of public funds.
On February 1, 2016, the City filed a civil complaint for unlawful detainer and other claims based upon the City Council’s determination that the LLC’s occupancy of the stadium is an illegal gift of public funds.†† On March 14, 2016, the court ruled that a 30-day summons must be issued as to the original civil complaint, including the unlawful detainer claim, which ordinarily requires a 5-day summons. Immediately thereafter, Adelanto took immediate action to dismiss the original civil complaint and instead filed a stand-alone Unlawful Detainer action, for expedited ruling by the Court. This matter will be heard on May 17, 2016.
Under long-standing California law, the Unlawful Detainer action is a summary proceeding, and in a commercial landlord/tenant relationship, as between the City and the LLC, the courts will generally not seek to destroy the summary nature of the proceedings and will not allow a counterclaim or a cross-complaint for damages.
Filing the Unlawful Detainer separate from Public Use Facilities Agreement issue will expedite resolution of the matter and determine once and for all if the team will play the 2016 season in Adelanto. “Main Street California LLC, doing business as the High Desert Mavericks, will now have five days to respond to the Unlawful Detainer complaint, and the taxpayers in Adelanto will know if we have to shoulder the financial burden or not,” said Kerr.
For more information about the Unlawful Detainer filing contact Mayor Rich Kerr at (760) 246-2300 or by email: firstname.lastname@example.org.