By Mike Harris Friday, August 9th, 2024

The first phase of the trial of a breach-of-contract lawsuit filed against California Lutheran University by former Congressman Elton Gallegly is now in the hands of the judge.

Ventura County Superior Court Judge Henry Walsh starts a three-week vacation on Aug. 10 and it’s not known when he will issue a ruling.

Walsh heard testimony over three weeks from Gallegly, former Cal Lutheran presidents Lori Varlotta and Chris Kimball, defendants in the lawsuits, and others. 

Closing arguments were Wednesday.

Gallegly, a Simi Valley Republican who served in Congress from 1987 through 2013, filed the breach of contract lawsuit against the Thousand Oaks-based university, Varlotta and Kimball in Nov. 2021.

Gallegly’s wife Janice is also a plaintiff.

The suit alleges that Cal Lutheran failed to fully establish the Elton and Janice Gallegly Center for Public Service and Civic Engagement on the university’s campus.

The first phase of the trial concerns the Gallegly’s declaratory relief cause of action, John Welsh, one of their attorneys, told the Business Times.

“It means the judge will make a decision as to the various rights and duties the parties had under an agreement for the center,” he said.

Welsh said that the jury phase of the trial will likely proceed subject to the judge’s ruling.

In a statement Cal Lutheran released Aug. 7 after closing arguments, the university said it is confident the judge will rule in its favor.

“While it’s regrettable that this lawsuit has created such division among the parties to the litigation – and long-time friends and supporters of the university — Cal Lutheran remains committed to its mission of serving its students and the community now and in the future,” the statement said.

The judge in May denied a motion by Cal Lutheran to throw out the Gallegly’s’ lawsuit.

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