Speaking remotely at the Dec. 16 council meeting, Eisenberg emphasized his position.<\/p>\n
\u201cI\u2019m not going to exaggerate to you. We recently cashed the attorney\u2019s fees check from another city and are in final negotiations on the amount of attorneys\u2019 fees that a third city will be paying us,\u201d he said. \u201cThis was after they were both advised to settle by their attorneys because there was no path to victory for them and they needed to stop the bleeding.\u201d<\/p>\n
![\"A](\"https:\/\/www.newsbeep.com\/us-ca\/wp-content\/uploads\/2025\/12\/Vista-Capri-rendering-1024x556.jpg\")
Vista Capri, a 13-story apartment building proposed for a half-acre site on Winchester Boulevard near Highway 85 in Los Gatos. Rendering courtesy of Los Gatos and by Anderson Architects.<\/p>\n
The council nonetheless unanimously approved a resolution refuting Eisenberg\u2019s claims that Los Gatos planners are placing obstacles in Vista Capri\u2019s path.<\/p>\n
\u201cAs I look at this, we are processing this application,\u201d Vice Mayor Maria Ristow said. \u201cI\u2019m not seeing any evidence that we\u2019re blocking it. Just as we have to comply with the (California Housing Accountability Act), so does the applicant. And we have objective standards that require an arborist report, that require an architect report. I mean these are all items that every application that comes to us has to go through.\u201d<\/p>\n
Los Gatos Town Attorney Gabrielle Whelan, responding to a question from councilmembers, said the town has received 16 builder\u2019s remedy projects and approved three of them<\/a>, with the remaining 13 still being processed. The only lawsuit filed against the town by a builder\u2019s remedy developer is from Eisenberg.<\/p>\n Eisenberg purchased the wedge-shaped half acre site at 14288 Capri Drive, which backs onto Winchester Boulevard, for $1.7 million in late 2023. An existing house on the property is rented by the owner of California Home & Garden in Campbell, with garden sculptures displayed in the adjoining yard.<\/p>\n Los Gatos LLC, a company formed by Eisenberg based at a mailbox rental store in the Southern California city of Fullerton, first filed an application for Vista Capri with Los Gatos planners in August 2024. Public records show more than 50 other LLCs associated with Eisenberg listed at the same address.<\/p>\n Eisenberg was an attorney in California who at present is\u00a0suspended from practice<\/a> following a number of disciplinary actions by the state bar association from 2017 through 2024.<\/p>\n Eisenberg declined to comment on Vista Capri or his other projects due to pending litigation.<\/p>\n In July, Los Gatos LLC sued the town, charging planners with disregarding state law by refusing to approve Vista Capri.<\/p>\n In the same month, Eisenberg purchased a 355-acre parcel for $5.5 million along Higuera Highland Lane in the unincorporated Mount Pleasant neighborhood of Santa Clara County, near Evergreen in San Jose.<\/p>\n In September, Los Gatos declared the Vista Capri application complete, meaning the developer had submitted all information required for the town to finish processing the request. But the town also required additional steps by Los Gatos LLC that the developer claimed in a separate action aren\u2019t allowed under the builder\u2019s remedy \u2014 claims the town council rejected in last week\u2019s vote.<\/p>\n Both sides have to wait for court rulings to resolve their disputes, even as they continue moving forward on paperwork. \u201cBut that\u2019s not an abuse of the builder\u2019s remedy, that\u2019s the system working as intended,\u201d Snider told San Jos\u00e9 Spotlight. \u201cEvery city should at least be meeting housing developers somewhere in the middle \u2026 Until that happens on a wide scale, then shocking proposals like this will continue to proliferate, which both stokes animosity and fear of the new homes and also literally costs taxpayers dollars in legal settlement fees.\u201d<\/p>\n![\"NewsMatch](\"https:\/\/www.newsbeep.com\/us-ca\/wp-content\/uploads\/2025\/12\/1766522423_160_interactive-255337946814.png\")
<\/a>Kelly Snider, a land use consultant and professor in San Jose State University\u2019s Department of Urban and Regional Planning, said the Vista Capri fight is an outcome of California\u2019s tight housing market.<\/p>\n