San Diego’s lawsuit against SeaWorld for unpaid rent hits delay
SAN DIEGO (FOX 5/KUSI) — More than a year after the city of San Diego sued SeaWorld over $12 million in unpaid rent and other fees incurred during the pandemic, the two appear to still be a ways away from settling the dispute.
The city and marine theme park have been attempting to reach a settlement in the federal lawsuit for months, according to a filing by the San Diego City Attorney's Office last week, ahead of a scheduled trial next year in October.
In the recent legal brief, the city attorney's office argued these unsuccessful mediation sessions, as well as issues receiving adequate responses from SeaWorld in the discovery process, warrant the pushing back of a number of pre-trial deadlines.
The judge hearing the case agreed to the delayed dates, which includes additional opportunities to settle the back rent issue. The next settlement hearing is now scheduled for Oct. 30, according to court records.
The city declined to comment on the latest updates in the litigation. FOX 5/KUSI reached out to SeaWorld and is awaiting a response.
Super Girl Surf Pro returns to Oceanside this weekend: what to know
San Diego's dispute with SeaWorld dates back to 2021, when the city attorney's office sent a notice of default to SeaWorld Entertainment's CEO over $12.23 million in debt between rent and fees owed on the theme park's lease of the city-owned land where it is located.
The back rent was incurred as a result of prolonged closures during the height of the pandemic, according to the city.
A final notice of default warning SeaWorld's parent company that the city would pursue litigation if the overdue rent was not paid in full was issued in August 2023, with a deadline given for the following month. When that cutoff came and went, the city filed its suit.
SeaWorld had filed a countersuit shortly after, arguing that the theme park owed nothing to the city as its forced closure due to pandemic-era public health measures was a violation of its lease. It further contends that the park is entitled to "substantial damages" due to loss of revenue.
The city sought to push back the lawsuit's timeline with anticipation of both parties making motions for summary judgement over their respective claims, according to its latest filing. A summary judgement is issued by a judge to end a case before trial, if they determine that the facts of the case are not in dispute and a decision can be rendered as a matter of law.
Anticipating this, the city said the time extension was needed to gather additional evidence to supplement both their claim to recoup debt from SeaWorld and to push back against the theme park's countersuit.
