Palm Desert-based Wired Works LLC and three co-plaintiffs filed a civil lawsuit against the H.N. and Frances C. Berger Foundation in Riverside County Superior Court, alleging that the Foundation accepted the benefits of a completed power solution but refused to honor its financial obligations.
The complaint states that the Foundation received more than $300,000 in privately funded development work and secured approval for a 100-megawatt substation based on those efforts, then declined to provide agreed-upon compensation and made false statements to government officials to justify its position. Co-plaintiffs Statewide Services, Inc., Tony Fimbres, and Carlos Martinez, all based in the Coachella Valley, allege that the Foundation abruptly ended a two-year working relationship after they delivered the core solution they had been engaged to produce.
According to the filing, beginning in early 2024, the plaintiffs committed substantial financial and professional resources—including approximately $300,000 in direct expenditures and more than 5,000 hours of labor—to secure reliable electrical capacity for the Foundation’s 1,200-acre development site in Thousand Palms. This work resulted in formal approval from the Imperial Irrigation District for a 100-megawatt substation.
The plaintiffs contend that this approval resolved a long-standing barrier that had remained unaddressed for decades and materially advanced development plans including hotels, restaurants, a water park, healthcare campuses, a trauma hospital, and other establishments dependent on increased electrical capacity. “Our clients delivered a result that had eluded this project for decades, and they did so at their own expense,” said James G. Bohm of Bohm Wildish & Matsen LLP, counsel for the plaintiffs. “They secured the approvals that made this project viable. Instead of honoring its commitments, the Foundation refused payment and then made statements that damaged our clients’ reputations. This case is about accountability and fairness.”
The lawsuit further alleges that following a leadership transition within the Foundation, their agreement was terminated without payment and inaccurate statements were communicated to Imperial Irrigation District officials as well as others within the regional development community. The H.N. and Frances C. Berger Foundation has not yet filed a public response to these allegations.
The plaintiffs are seeking compensatory damages; restitution of project expenditures; lost construction profits estimated between $40 million and $45 million; lost smart grid revenues estimated at approximately $10 million annually; as well as punitive damages. A jury trial has been requested under Case No. CVPS2602316 in Riverside County Superior Court according to the organization’s press release.
