One day after issuing a tentative ruling in favor of the city of Pleasanton to effectively end the case, an Alameda County judge decided last Friday that she needed more time to consider whether a whistleblower lawsuit filed by a former city employee should go to trial after hearing arguments from the plaintiff’s lawyer.
Judith Wolff, the attorney representing Dan Repp — Pleasanton’s former managing director of utilities and environmental services who was fired by the city on June 30, 2023 — spent nearly 45 minutes during Friday’s hearing challenging the judge’s tentative ruling, which if finalized would grant the city’s motion to dismiss the case based on a lack of evidence.
“I obviously wouldn’t be pursuing this case if I believed the city’s evidence,” Wolff said. “A jury is entitled to hear all of the evidence and to look at the witnesses, listen to the tone of their voice, watch their body language and decide for themselves whether they believe that the reasons that the city is asserting for his termination were operative reasons at the time he was fired or if the city manager — angered at being sued by a thorn on his side — decided to throw every possible reason at the firing.”
While the city’s defense spent some time at the end of the hour-long hearing on motion for summary judgement to argue that there was enough evidence and contemporaneous documentation for Repp’s termination, it wasn’t enough for Alameda County Superior Court Judge Jenna Whitman to uphold her...
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