Shoreline Audit Retrial Denied

A San Francisco Superior Court judge denied a request by the city of Mountain View, Calif., for a new trial against the former auditors of Shoreline Amphitheatre April 23rd, saying the municipality had not proven jury misconduct during the initial trial in February.

In that case, a jury found auditors Daoro, Zydel & Holland at fault for $22 million in damages between 1986 and 2006 when it acted as Mountain View’s auditor during a lawsuit against Shoreline operators – BGP under Clear Channel Entertainment, and Live Nation. The city won a $10 million settlement from Live Nation in 2006.

DZH was accused of also working for Clear Channel during the time it was auditing Shoreline for the city, allegedly hiding millions of dollars owed by Clear Channel to the city in rent, parking and concession fees.

The auditors were found at fault at trial in February, but jurors failed to award damages to the city, according to the Mountain View Voice. The city asked for a new trial alleging juror misconduct when one member, who is an attorney, reportedly gave legal advice to the rest of the panel.

The motion seeking a new trial was a "tough request, but one we were fairly optimistic about," city attorney Michael Martello told the Voice.

Mountain View’s city council may discuss filing another suit when it meets May 13th in closed session, according to the paper.