Hearing set for Seal Beach’s Ruby’s lawsuit

Seal Beach Pier as seen from air. Photo taken by Vince Bodiford from Goodyear blimp

Seal Beach’s breach of contract lawsuit against Ruby’s Diner, Inc., is scheduled for an alternative dispute resolution review hearing on Oct. 28.

Seal Beach City Attorney Quinn Barrow confirmed that at the so-called ADR review hearing, the court will be looking at encouraging the parties to consider an alternative to resolving the case before it goes to trial.

The trial is scheduled to start March 24, 2014, according to the Orange County Superior Court website.

The iconic pier has been in the news since the start of the year, when Ruby’s Diner closed its doors on Sunday, Jan. 2, 2013.

The restaurant chain’s lease agreement with the city had expired. Under the terms of the old contract, the diner could remain at a higher monthly rate while negotiations took place.

When Ruby’s officials learned that Seal Beach intended to issue requests for proposals for the pier space, Ruby’s officially notified Seal Beach that the Ruby’s at the end of the pier would close.

The city of Seal Beach then demanded $400,000 from Ruby’s on the grounds that, according to Seal Beach officials, the restaurant chain had failed to make improvements to the property required in the lease agreement.

However, Ruby’s officials maintained they did make the improvements. The money demanded was never paid.

Seal Beach filed the breach of contract lawsuit on March 29.

The city issued a request for proposals to put a family-friendly restaurant back in the building at the end of the pier.

The requested proposal included a requirement that the new business perform a community service project.

The only proposal received came from Art Haack, the former Ruby’s manager, who proposed bringing a Ruby’s franchise back.

Seal Beach extended the deadline for receiving proposals.

No one else responded.