Homeowners saw carrot, get delay

By Brian Eckhouse (contact)

Friday, Feb. 15, 2008 | 2 a.m.

Some Sun City Summerlin residents must feel as if they keep having a carrot — a very lucrative carrot — dangled in front of them, only to have it yanked away.

Twelve hundred homeowners in the community filed a lawsuit against development giant Del Webb almost five years ago, seeking at least $85 million for what they allege was shoddy construction.

They were recently led to believe the multibillion-dollar corporation was finally ready to relent.

Not quite, as it turned out. (We’ll get back to this in a bit.)

Now, nearly three weeks into jury selection in a trial that could last more than six months, the corporation’s attorneys have asked the court to disqualify the sitting judge, Allen Earl, if he does not recuse himself from the case.

Chief Judge Kathy Hardcastle is scheduled to consider that request today at 4 p.m.

Earl’s brother, the attorneys note in a court document filed Thursday, has been a contract lawyer for Del Webb in Arizona.

In not so impressive language, Del Webb’s attorneys wrote: “Judge Earl should have disclosed his relationship with his brother at the outset of the case.” A brother is a brother regardless of profession, team Del Webb.

The company’s attorneys were more delicate in stating they knew of no “known impropriety or improper behavior in regards to Judge Earl” but that the perception of impropriety is inevitable if he stays on in that role.

Such a perception could prompt a retrial or an appeal.

Some observers view Del Webb’s attempt to disqualify Earl as a delay tactic — which wouldn’t be a first for the company. Del Webb attorney Robert Carlson, who has offices in Las Vegas and San Diego, did not return a phone call seeking comment. Lawyers for Sun City declined to comment.

The original suit was filed in July 2003, yet the trial phase began just three weeks ago. Technically the trial, which is expected to last more than six months, has yet to begin.

And it may not begin anytime soon.

If Hardcastle bumps Earl from the case, it would be the second blow to the homeowners in two weeks.

As we hinted earlier, Del Webb’s attorneys failed to make a good-faith effort in negotiations they sought last week — negotiations that could have ended this seeming legal quagmire.

•••

Once again, a felony arraignment of four men suspected of stealing materials from University Medical Center has been postponed.

The hearing was scheduled for mid-December, then for a couple of dates in early February and then for Thursday. It’s now scheduled for Feb. 28.

Could the district attorney’s office be considering impaneling a grand jury to investigate the matter?

Christopher Roth, UMC’s former associate director of support services, and Thomas Hutchinson, a onetime acting director of hospital facilities, face theft and other charges.

Hutchinson is alleged to have stolen UMC paint worth $500 for an outbuilding on his personal property, as well as an $8,000 commercial-grade compressor and cabinets worth an estimated $2,500.

Roth is alleged to have traded almost $800 in UMC materials for gift cards at a Lowe’s home improvement store.

Two rank and file employees, Peter Panagos and Sime Perkov, are accused of building air conditioners for Roth while being paid by the hospital.

•••

Quick note to defendants: The headphones lent to you by the court for your hearings are not yours to keep.

One defendant couldn’t quite make out what Judge Elizabeth Gonzalez was saying to him Monday. He responded with unrecognizable hand signals that clearly weren’t sign language.

Gonzalez’s deputy marshal lent the man a pair of headphones, yet again he responded with his hand signals — even though he could hear Gonzalez. The packed courtroom, including 15 inmates, roared with laughter.

Yes, levity can occur in court.

When his brief hearing wrapped up, the man made a beeline for the exit — headphones on. Gonzalez asked him to stop and return them, but he didn’t immediately respond. Laughter again filled the room.

“I haven’t quite seen that before,” said Gonzalez, smiling in her chambers later in the morning.