Judge closes UCLA stadium on VA grounds, gives private school more time

Roman M. Silberfeld of Robins Kaplan LLP

Although U.S. District Judge David O. Carter ordered UCLA to shut down its baseball facility because it illegally occupies West Los Angeles VA grounds on Thursday, the judge halted such an order regarding the private Brentwood School's athletic center because it is a "unique" and "core" area that could benefit both veterans and students if divvied up appropriately, he said.

"The court has no intention to arbitrarily take Brentwood land when, in fact, it could be used by the school and the veterans," Carter said during a hearing. "Somehow, I'm looking for a one-year revocable lease, working in good faith, no surprises, and I would hope that the real accommodation is the veterans entering this discussion ... if there's a way to come up with an accommodation so that the veterans have it in a reasonable period time and Brentwood would have it at a reasonable time."

The comments follow an order Carter issued earlier this month that the Department of Veterans Affairs violated its mandate to care for homeless veterans when it leased the federal land on its West Los Angeles campus to third parties. The order voided leases the VA holds with UCLA, Brentwood School, Safety Park and Bridgeland Resources and directed the VA to devote more campus land to veteran housing. Powers et al. v. McDonough et al., 2:22-cv-08357 (C.D. Cal., filed Nov. 15, 2022).

The third parties, such as UCLA and Brentwood School, were not parties to the original lawsuit. However, representatives for each appeared before Carter during injunctive relief hearings this week.

On Wednesday, Carter rejected UCLA's proposal regarding how the land on which Jackie Robinson Stadium and its practice field could be repurposed. He found the facility, which includes a parking structure, violates the West Los Angeles Leasing Act of 2016 - which governs property leases that include provisions where veterans remain the primary focus.

"UCLA is hereby enjoined from accessing the UCLA baseball fields and facilities on the West LA VA Campus until UCLA proposes a position on how the ten acres it currently occupies can be put to a use such that the provisions of services to veterans is the predominant focus of the activities of the Regents at the campus," Carter wrote in the order.

UCLA is represented by Reed Smith LLP partner Raymond A. Cardozo in this matter, who was not available for comment Thursday. During Thursday's hearing, Carter said he would be visiting the VA's West Los Angeles campus to ensure his rulings were being followed.

Carter also threatened a similar fate to Brentwood School's athletic center unless the school and the veterans came up with a plan that would allow both to simultaneously use the area. He was more open to not shutting it down after hearing a presentation from Miller Barondess LLP founding partner Louis R. "Skip" Miller, an attorney representing the school.

"There's a core piece of the property - the track, the field, the pavilion - we really need that for the students and it's also very beneficial for the exclusive use of the veterans," Miller said.

"It all comes down to the properties we're talking about. We have about two to three acres available below the tennis courts. They can have it now," Miller added. "Then there's 4.8 acres up on top where the baseball diamond is and the soccer field. We need a little more time, but if they need that to build on, OK, we understand. ... It's the football field, the track, the pavilion, the aquatic center, the tennis courts, that's what we call the core area. Without that core area, our students have nowhere to exercise. ... And without that core area, the veterans don't get to benefit from it."

Miller said that after discussing with the veterans' counsel, both parties believe they can reach an agreement.

Robins Kaplan LLP partner Roman M. Silberfeld, for the veterans, told Carter they could add a provision for a term of multiple years, "coupled with an absolute right on the part of the VA ... to reclaim the use of that land from Brentwood on some reasonable notice. ... We asked for an increase in the rent. We asked for Brentwood to continue the services. ... We asked that Brentwood continue to maintain the property, and we ask that Brentwood make a cash payment in support of this new arrangement."

However, Carter expressed concern to Brentwood's counsel about a proposed revocable provision that would go beyond one year. "I've got to rethink this, in terms of your presentation. Because when I thought this through, I had other concerns that are related to you, but also related to UCLA. I have no idea what they're going to do, if anything. I know UCLA is not going back to a 10-year lease. So, as they sit in their present position, at the best they are going to do a one-year revocable lease and that's it," Carter said.

"I'm not going to ever go to a two-year or three-year ... but here, you've got a unique situation, and I've got to take that into account," Carter added. "I do recognize this core area that you need. I really do question, though, if the one-year revocable is something that a young person would consider going to this school. I don't think most parents care if they see this go on from year to year. And if the concern is that within the school area that this is, obviously, one of the last areas that the court would consider ... how would the court benefit by arbitrarily placing the track, the pool as the court's first priority when it's a benefit to the veterans if both of you can work it out?"

Carter scheduled the parties to return to his courtroom on Oct. 2 to provide updates.