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City wants case heard in San Diego

12/5/2003 - San Diego Chargers

LOS ANGELES -- The city of San Diego filed a motion Friday
asking a judge to transfer a lawsuit filed by the NFL's Chargers
from Los Angeles to San Diego.

The motion was scheduled to be heard on Jan. 16 before Judge
Irving S. Feffer.

The Chargers filed suit in Los Angeles Superior Court two days
before Thanksgiving, asking a judge to determine whether the team
has triggered a clause that enables it to renegotiate its stadium
lease, possibly allowing it to pursue a new stadium or perhaps move
to another city.

San Diego officials asked the Chargers earlier this week to have
the case moved to San Diego, but the team's Los Angeles-based
lawyer denied the request in a letter sent to City Hall late
Wednesday afternoon.

City attorney Casey Gwinn said the case should be heard in San
Diego. The Chargers want it heard in a neutral city.

Gwinn also is seeking $25,000 from the Chargers for attorneys'
fees in making the motion.

The trigger clause can only be activated if the team's salaries
and benefits exceed its salary cap, which team officials say has
been surpassed.

City negotiators have seen the Chargers books but haven't
commented publicly on the team's ability to trigger. However, city
attorney Casey Gwinn said last week that he has "grave doubts that
they have presented any evidence that they can trigger."