After losing last week in the Wild Card Round of Major League Baseball’s 2025 postseason, the San Diego Padres have a number of pressing matters on their plate during the offseason.
High on the list: Decision making on the retention of free-agent players and determinations for putting together a team that can hopefully vie for a championship in 2026.
An issue flying under the radar for more than two years is a lawsuit filed by downtown residents against the Padres and the city of San Diego. The pending lawsuit stems from noise complaints from East Village citizens about concerts held on the Viejas Stage in Gallagher Square outside Petco Park (not concerts held inside Petco Park).
Before the 2023 lawsuit, Residents Concerned About Noise From Gallagher Square spokesperson Joseph Sims said the grassroots group didn’t want to end activities in Gallagher Square (which he referred to by the area’s original name “Park at the Park”).
“We are only interested in making sure the city will enforce the rules that they put in place for noise levels,” Sims said. “Don’t stop the concerts. Just turn the volume down.”
In mid-2023, Padres Vice President 0f Public Affairs Diana Puetz also addressed the issue.
“We take these concerns seriously and we act accordingly to ensure compliance,” Puetz said. “That said, we are operating a live sports and entertainment venue that generates noise. Those who choose to rent or purchase in buildings adjacent to the ballpark are aware of that fact.”
On September 28, 2023, the residents group filed a request for a Temporary Restraining Order and Immediate Injunction.
Due to a then-impending $20-million renovation to Gallagher Square, Superior Court Judge Carolyn Caietti initially ruled to preserve the status quo. Subsequent motions for summary judgement and other delays have bumped the next court date for the case to May 2026.
The Padres did not respond to a recent pair of requests for comment from The San Diego Sun. The Concerned Citizens group released a timeline of events but declined to speak on the two-year-old case.
Veteran downtown attorney Josh Gruenberg (who is not affiliated with either party) said “it’s par for the course” for a case to drag on for years.
“It’s not unusual,” Gruenberg said. “I have several cases from 2023 that are still active.”
He also added it’s not uncommon for a defendant – especially one with deep pockets – to attempt to slow down a case.
“As a plaintiff’s lawyer, I’m always trying to move a case along,” Gruenberg said. “But cases can be delayed if a party brings motions or makes it difficult to find dates for discovery or depositions.”
According to the timeline released by the Concerned Citizens, in early 2025: “The Padres filed a motion to dismiss the suit (a “demurrer”). The judge substantially denied the motion but ruled that one of the claims required the Concerned Residents to file a request for hearing. Our attorneys amended that claim to take into account current concert noise. The judge allowed the amendment and the lawsuit continued on all claims.”
The timeline noted that: “All parties agreed to next steps, including separating the “writ claims” (regarding enforcement of the ballpark approval conditions and city noise ordinance) from the “nuisance claims” (regarding the harm that residents are experiencing with each concert), since the writ claims can be heard and decided by the court without any delay for discovery or other motion filings. The nuisance claims will be put on hold until after a decision is rendered on the writ claims.”
In September 2025: “The judge approved the separation (“bifurcation”) of the two types of claims. She set a calendar for the final submission of briefs and a hearing on the writ claims. Due to a busy court calendar, the hearing on the merits of the case is set for May 2026.”
According to the Concerned Citizens’ statement: “After that hearing, the judge is expected to hand down a decision on whether the Padres LP and the City of San Diego have failed to enforce the ballpark approval conditions and city noise ordinance. In essence, this will determine whether or not the concerts at Gallagher Square conform to legal requirements.”
For more background on this case, check out the following stories in The Sun’s archive:
- East Village Residents Balk at Padres $20M Redevelopment Plan for Gallagher Square (June 5, 2023)
- East Village Group Seeks Temporary Restraining Order Against San Diego Padres, City (September 26, 2023)
- Gallagher Square Park Concerts To Go On Hiatus After October 6 (September 30, 2023) SDSun
