Editor’s Note: On July 31, 2024, Will Rodriguez-Kennedy was cleared of any wrongdoing by his accuser, Oscar Rendon, who withdrew a civil lawsuit.
Stephen Whitburn, seeking re-election to the San Diego City Council, looks forward to success in the March 5 primary election and, if need be, the Nov. 5 general.
But, quietly, he’s also eager for positive results on April 19.
On that date, a San Diego Superior Court judge will hear his motion to free him from a suit brought by Oscar Rendon, an ex-lover of Will Rodriguez-Kennedy.
Rendon sued Rodriguez-Kennedy, former chair of the county Democratic Party, in September 2022, alleging sexual assault. At the same time, Rendon alleged Whitburn was present in the same Ninth Avenue residence he shared with Rodriguez-Kennedy when the alleged assault occurred in August 2021.
Whitburn is not accused of taking part in any assault.
But the suit says: “Whitburn … witnessed Rendon in a state of great intoxication, that Whitburn knew, or should have known, that Kennedy was likely to assault Rendon if he did not intervene, e.g. because of past instances of sexual misconduct or domestic violence of which Whitburn was aware of, or should have been aware of, and that Whitburn left Kennedy alone with Rendon and took no steps to protect him.”
(Rodriguez-Kennedy faces no criminal charges in the incident. The District Attorney’s Office has said: “After a thorough review, we determined that no charges could be filed in this case.”)
In November 2022, Whitburn answered the complaint in legalese, denying all allegations.
But this month, for the first time, the District 3 councilman detailed his memories from the time of the alleged assault — which Rodriguez-Kennedy says was a consensual incident.
“In the 13 years I have known Mr. Rodriguez-Kennedy, at no point have I heard of, let alone witnessed, any incidents of sexual misconduct or domestic violence by or involving Mr. Rodriguez-Kennedy,” he said in a separate declaration.
Whitburn’s declaration, signed Feb. 1 under penalty of perjury, continued:
Around 1:00 AM on August 19, 2021, I was home alone and asleep when the Apartment doorbell rang. Mr. Rodriguez-Kennedy had forgotten his keys and needed to be let in. I got out of bed and went to the front door.
When I opened the door, Mr. Rodriguez-Kennedy and Mr. Rendon were together smiling and laughing and enjoying each other’s company. I was not surprised to see Mr. Rodriguez-Kennedy and Mr. Rendon together because they had been dating on and off for about a year. It was not unusual for them to come to the Apartment together late in the evening.
In letting them in, I did not notice that either was intoxicated or impaired in any way. Because it was late and because they had woken me up, I made a point of observing that they both appeared to be fine and in good spirits. After letting them in, saying hello and exchanging pleasantries, I went to my bedroom and closed my door for the rest of the night.
I was awake for approximately 10 minutes before falling back asleep. During those 10 minutes I did not hear anything that made me think someone needed assistance or was in any kind of distress. I then fell back asleep and did not wake up for the rest of the night.
Nothing I saw, heard, or in any way witnessed in the early morning of August 19, 2021, alerted me to any danger, distress or anything else that would have led me to believe Mr. Rendon required any assistance or steps taken by me to protect him.
I continued to see Mr. Rendon and Mr. Rodriguez-Kennedy together at the Apartment for approximately four more months until December 2021, and nothing I saw or heard during those four months indicated to me that Mr. Rendon had required any assistance or steps to protect him in the early morning of August 19, 2021.
Guillermo “Gil” Cabrera, a former chairman of the San Diego City Ethics Commission, is Whitburn’s lawyer in this matter before Judge Eddie Sturgeon.
In his motion for summary judgment, Cabrera said Rendon has no evidence that Rodriguez-Kennedy committed a prior criminal act or sexual assault or that any criminal act ever occurred in the apartment.
“There were no ‘similar incidents of violent crimes’ that would have placed Whitburn on notice that the apartment (this is a premises liability case after all) was dangerous and action needed to be taken,” Cabrera wrote.
“This Court can readily conclude, under these circumstances of plaintiff as a guest, being allegedly assaulted by another person, could not meet the requisite degree of foreseeability to establish a duty on Whitburn.”
On Feb. 9, a settlement conference involving Rendon, Rodriguez-Kennedy and their lawyers was held before Judge Kevin Enright.
It didn’t yield an immediate result, but a minute order said: “Counsel and all parties to continue settlement discussions outside the presence of the Court.”
Rendon seeks special and general damages, punitive damages, attorneys fees and other “civil penalties allowable by law.”
Cabrera and attorneys for Kennedy-Rodriguez (Marlea Dell’Anno) and Rendon (Dan Gilleon) haven’t responded to requests for comment.
A trial date has been set for July 12.
