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Judge dismisses case against Chargers for leaving San Diego

The lawsuit was filed by a local tax payer on behalf of the city.

SAN DIEGO — A judge has dismissed the case against the former San Diego Chargers for leaving the city.

San Diego Superior Court Judge Carolyn Caietti heard arguments from attorneys representing Ruth Henricks, the San Diego tax payer who filed the lawsuit against the Chargers, and attorneys representing the Chargers and the NFL.

Judge Caietti issued a tentative decision and near the end of the proceedings, Caietti said, "After hearing the argument that I heard today, I don't see how you can get around the statute of limitations as plead in the complaint."

Henricks originally filed the lawsuit claiming the Chargers had secret plans to move to Los Angeles, breaching their contract with the City of San Diego.

Maria Severson, Henricks attorney said after the ruling, "The City of St Louis was able to obtain $790 million dollars in a lawsuit for a violation of the NFL relocation policy. After supporting the Chargers for 50 years through the fans and the city through city resources, funds, commitment and time; we believe the city deserves that chance. California tax payers have standing to bring lawsuits on behalf of a public entity to get back funds or public damages that the city incurred."

The City of San Diego did not join Henricks case against the Chargers but a city attorney appeared in court sitting with the Chargers legal team and said, "The city was named as a necessary defendant, I don't have anything to add to the plaintiff's argument today."

Mark Zebrowski, an attorney representing the Chargers argued previously that the City of San Diego agreed to the chargers leaving the city and, "secured substantial concessions, including a large termination fee in the event of the chargers relocation.”

In court, Zebrowski said, “The agreements that made clear from 2004 forward made clear that the chargers could leave. The entire theory that some sort of tolling or delayed accrual makes no sense. The law is clear that there is not standing on the part of this taxpayer to raise these claims."

WATCH RELATED: Legal analyst discusses Chargers relocation lawsuit hearing Friday 

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