Why Did The Hermosa Beach City Council Not Read the Mock Jury Trial Transcript Before The Settlement?

A former City Council member’s opinion

Councilman Kit Bobko has repeatedly told the public that the results of the “mock jury’s” trials conducted by the city’s attorneys, Bird & Marella, were the basis for his decision to agree to a settlement with Macpherson Oil. He told us the mock juries came back with bad news, finding hundreds of millions of damages for Macpherson Oil. Bobko fails to point out that the city’s attorneys specifically told the City Council that this was an exercise to prepare for trial. It was in no way to be used as the cornerstone of a settlement.

Mr. Bobko distorts the truth to make himself look better. He says the city was going bankrupt. This is not true. The City Council only explored conversations with bankruptcy attorneys to assist in the settlement negotiations; we never retained a bankruptcy law firm in a meaningful way except to inform the City Council on the rules and parameters of such an action. The City Council never reviewed the detailed mock jury information because our trial attorneys told us it was not a tool for settlement, merely an exercise for their preparation for the trial. Mr. Bobko said the city was “locked in the embrace of death” by Macpherson. That was in his mind; this was not ever discussed in open or closed session of the City Council. Residents should remember that Bobko’s settlement agreement will cost the city millions even if the citizens approve oil drilling.

Michael Keegan, Hermosa Beach