Pending the outcome of Waymo’s appeal of a judge’s recent ruling, Waymo is asking the judge to stay his recent issuance of a preliminary injunction obtained by the city of Santa Monica preventing overnight operations at the two Waymo LLC Broadway recharging stations.
In court papers filed Thursday with Santa Monica Superior Court Judge Bradley S. Phillips, Waymo attorneys contend that in the short time since the July 27 handing down of the injunction, thousands of people in the Southland who rely on Waymo vehicles are already feeling the effects.
“The loss of the right to operate overnight at the Broadway lots, a vital charging hub in Waymo’s transportation network, has already caused sweeping, irrevocable harm and will continue to do so,” Waymo lawyers argue in their pleadings.
In the alternative, Waymo asks the judge for a short-term stay preserving the status quo while Waymo pursues a different court of action in the Second District Court of Appeal in for form of a “writ of supersedeas” rather than a regular time-consuming appeal. A “writ of supersedeas” is a special order issued by an appellate court to pause or stop the enforcement of a lower court’s judgment or order while an appeal is ongoing.
In his July 27 order, the judge said Waymo is prevented, pending trial, from operating the Broadway Lots between the hours of 11 p.m. and 6 a.m. According to the city’s court papers, residents were disturbed by Waymo lot workers talking in the middle of the night as well as the sounds of the Waymo vehicles, which the city contends “echo off buildings along the alleys like a canyon.”
Repeated requests from the city to Waymo to abate the problems were rejected, the city alleged.
In its own lawsuit filed against the city, Waymo denies a public nuisance existed and contends the company hired more staff, implemented software updates to reduce noise levels and frequencies, installed light and noise barriers and modified “vehicle behaviors” in the area.
Waymo also contended the nuisance was actually created by local residents’ interference with the company’s operations during the relevant hours.