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Encinitas council adjourns to closed session to discuss three litigation matters
Summary
The Encinitas council moved into closed session to consider an existing lawsuit against WNG HHF Encinitas Apartments, LP, a tort claim by Kimberly Armstrong, and whether to initiate two additional lawsuits; no public speakers were listed and the council said it would report out at its 6 p.m. open session.
The Encinitas council convened in closed session to consider three litigation-related items, including an existing lawsuit against WNG HHF Encinitas Apartments, LP and a tort claim filed by Kimberly Armstrong, city officials said.
Mayor Ehlers called the closed session and asked the clerk to take roll. The clerk confirmed that Council members Lyons, San Antonio and Schaeffer were present, that Deputy Mayor O'Hara had not yet arrived, and that the mayor was present.
Mayor Ehlers read the closed-session agenda. Item 1 was listed as a conference with legal counsel regarding existing litigation under Government Code section 54956.9: City of Encinitas v. WNG HHF Encinitas Apartments, LP (case number 25CU059801N). Item 2 was described as conference with legal counsel about significant exposure to litigation under Government Code section 54956.9(d)(2), identified as a tort claim by Kimberly Armstrong (referenced in the transcript as EDash26DashO15). Item 3 concerned conference with legal counsel on whether to initiate litigation under Government Code section 54956.9(d)(4), with the mayor stating the number of potential cases as two.
Mayor Ehlers told the council, “We do not have any speakers, and we will report out at our open session at 6PM.” The council then adjourned into closed session; officials indicated they would report any public actions or disclosures at the scheduled 6:00 p.m. open meeting.
No formal votes or directions were recorded in the public portion of the transcript.
