Cupertino Settles Lawsuit With Ex City Attorney

CUPERTINO, CA —Cupertino's local government and its former City Attorney Randolph Hom have reached a settlement of Hom’s retaliation, discrimination and breach of contract claims, the city announced Tuesday.

After a confidential mediation with Judge James Kleinberg, a retired judge of the Santa Clara County Superior Court, the parties reached agreement on a total settlement payment of $205,000 in connection with Hom's role in the redevelopment of the Vallco Mall.

The Cupertino City Council approved the settlement agreement at its public meeting on Monday.

“While the city denied liability for all claims, settling for $205,000 compared to the millions Mr. Hom originally claimed makes good sense because it avoids the costs of a potentially lengthy lawsuit,” the city's current City Attorney Heather Minner said. Minner came on board last February.

“We need to move the city forward, and this potential lawsuit was a distraction,” Mayor Steven Scharf said. “Agreeing to this settlement and putting this matter behind us is in the best interest of the city.”

The lawsuit was filed last October claimed the city "unlawfully retaliated against Mr. Hom because of his determination that the proposed $3 billion redevelopment of the Vallco Mall by Sandhill Development violate state law," his legal team led by attorney Joseph W. Cotchett wrote. Hom was steadfast the development proposal violated the city's general plan, which is essentially the operational blueprint for local governments.

"As alleged in our filings, we strongly believe that the city of Cupertino's adverse employment action against our client was unjust and motivated by the city's desire to muzzle Mr. Hom's opposition to the development plan and his reasoned legal opinion," Attorney Adam Zapala said at the time of the filing.