SAN BERNARDINO, CA – On April 4, 2016, the Honorable Brian McCarville, a Superior Court judge in San Bernardino, ruled on a number of issues in the ongoing dispute between the City of Adelanto and the High Desert Mavericks, Advanced A affiliate of the Texas Rangers over the team’s use of the ballpark. Judge McCarville made three key rulings. All three rulings were in favor of the Mavericks.
First, the Court granted the team’s request for a Preliminary Injunction. The Preliminary Injunction will prevent the City from interfering with the team’s use of the Ballpark until the litigation between the parties is definitively resolved. The ruling indicates that the Judge found that the team is likely ultimately to win its claims against the City.
Second, Judge McCarville denied the City’s request to evict the team from the Ballpark. The Court deemed the City’s request to be wholly improper, because it would have evicted the Team from the Ballpark before a final determination of the merits of the case was issued.
Finally, the Court submitted the dispute to arbitration, as the Mavericks had requested (and the City of Adelanto opposed) after finding that the contract between the City and the team compelled the parties to arbitrate their dispute. The Court ruled that there was a valid arbitration provision between the parties, and that the City’s argument did not present a proper basis to avoid arbitration. In short, the Court believes the arbitrator should decide whether the contract is valid (as the parties agreed in the contract itself and as the Mavericks contended in court).
“The Mavericks are delighted that the Court has found in our favor on all three matters that were litigated today,” said Mavericks owner Dave Heller. “The Court spoke in a very clear voice and told the City of Adelanto in unmistakable terms that its legal argument is flimsier, thinner and more full of holes than the thinnest slice of Swiss Cheese known to man.”
“The City of Adelanto has now lost four times in a row in court,” added General Manager Ben Hemmen. “At some point, Adelanto taxpayers have to wonder when the City Council will stop willfully burning taxpayer dollars pursuing a failed legal strategy.”
The next issue to be resolved in the dispute between the City of Adelanto and the Mavericks will be heard next week, as the Mavericks will challenge the second Unlawful Detainer action that the City is pursuing. The City dismissed its first Unlawful Detainer lawsuit after the Court issued a ruling in favor of the Mavericks last month.
“The California League is delighted that the Court ruled in favor of the Mavericks on all three matters,” said California League president Charlie Blaney. “We are looking forward to doing what we have always said we would be doing – playing baseball in Adelanto on Opening Day this Thursday.”
The Mavericks will open their 26th season in the High Desert on Thursday, April 7th at 6:35pm, at Heritage Field in Adelanto against the visiting Inland Empire 66ers, Advanced A affiliate of the Los Angeles Angels.
(source: High Desert Mavericks Press Release)