City's bid to have suit tossed denied
by C.A. Gilman

In what local attorneys Cathy Elliot Jones and David Jones called a "a good day for the good guys," Superior Court Judge David Long ruled on Oct. 15 that "the city's challenges to five of six causes of action" (in their client, Lisa Clark's, complaint for damages against the city of Ojai, Dan Singer, et al) "were without merit."
Basically, said Jones, "The City had asked the court to dismiss Clark's complaint in its entirety."
He added that, with just one cause of action - "negligent interference with prospective economic damage" - thrown out, "we're still going forward, (much like) we have since day one."
The remaining causes of action include: defamation, inverse condemnation, injunction, intentional infliction of emotional distress, and civil rights violations.
A SLAPP (Strategic Lawsuit Against Public Participation) motion, filed by the city on Sept. 13, was also denied.
According to Erik Feingold, an associate of City Attorney Monte Widders, "SLAPP suits protect people's right to participate in public discussion. And the SLAPP motion we filed was in response to those causes of action - cited in the Jones' complaint - designed to stifle free speech and limit public participation."
Specifically, said Feingold, those actions were defamation/slander; intentional infliction of emotional distress; and civil rights violations.
Also denied was a request that the city be reimbursed attorney fees spent litigating the case.
These rulings, said Jones, constitute "a stinging defeat for the City of Ojai. It's nice to get some vindication, and we look forward to finally being able to prove our case."
Neither Widders nor Feingold was available for comment before deadline.

© 2002 The Ojai Valley News

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