Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

Who's frivolous?

City attorney gets dinged in court again — so does Briggs

Goldsmith defends the communications between him and the League of California Secret — er, Cities.
Goldsmith defends the communications between him and the League of California Secret — er, Cities.

In a May 15 ruling, San Diego Superior Court judge Joel Wohlfeil denied a motion from the City of San Diego to impose sanctions on environmental attorney Cory Briggs for filing a frivolous action accusing city attorney Jan Goldsmith of wasting taxpayer dollars by communicating with the media.

In his decision, Wohlfiel also ordered the city to pay $83,365 to Briggs in attorney's fees for the lawsuit against Goldsmith and his office for failing to turn over emails the city attorney sent from his private email account discussing city business.

If the amount stands, the total of taxpayer money spent on the case will rise to more than $230,000, not counting the time deputy city attorneys spent on the case and will spend for the appeal the city has since filed.

The push to place sanctions on Briggs is not new. Attorneys for the city have attacked Briggs and his San Diegans for Open Government for accusing Goldsmith of wasting taxpayer dollars by communicating with the media. The accusation was one of the many claims made in the lawsuit over Goldsmith's long-standing policy of using private email to conduct city business. Each time, as reported by the Reader, the court rejected that argument. One reason being that in its defense of Goldsmith, the city claimed he was not required to communicate with the media and therefore did so on his own accord.

Sponsored
Sponsored

In January of this year, Wohlfeil dismissed the taxpayer claim and at the same time ruled that the city had violated the public records act by withholding public documents. Now, Wohlfeil has also dismissed the motion for sanctions against Briggs.

"...[T]he cause of action was proper based on the alleged facts," Wohlfeil wrote in a May 14 ruling. "Thus, the cause of action was not completely devoid of legal merit. The cause of action for waste never progressed to an evidentiary hearing, and defendants fail to offer sufficient evidence via this motion demonstrating that the 'waste' cause of action was completely lacking in evidentiary support. In other words, defendants provide no evidence demonstrating that a useless expenditure of public funds did not actually take place."

But not all was lost for the city. In his tentative ruling, expected to be confirmed in the coming week, Wohlfeil sided with city attorneys over what they believed were excessive legal fees. Wohlfeil knocked off more than $22,000 from Briggs’s proposed legal bill.

Briggs has initially requested the city pay $105,320 for the time he and his staff worked on the lawsuit. Wohlfeil cut that number down substantially due to the fact that state law requires municipalities pay court costs if found to have withheld public records.

"Although petitioner's counsel displayed skill in handling the issues presented, this was not a particularly difficult action. Although petitioner's counsel apparently accepted representation based on a contingency fee agreement, they were virtually assured of obtaining an award of attorney fees in the event they prevailed. This court is mindful that this award will ultimately fall upon the taxpayers to pay."

And while the issue of fees and sanctions are now put to rest, the case is not over. Last month, city councilmembers voted to appeal Wohlfeil's January ruling that ordered Goldsmith to turn over what is estimated to be 25,000 pages of emails between the city attorney and the League of California Cities, sent to and from Goldsmith's private email account.

Goldsmith has gone on record to state the importance of keeping the emails private.

"This is a big deal not only for the League but for all trade associations and advocacy groups that seek member input on whether to file lawsuits or amicus curie briefs," Goldsmith said in a April 13 statement. “There are hundreds of emails from the League in which city attorneys from cities across the state are providing input on whether the League should become involved in a case.”

The League of California Cities is a private nonprofit that advocates for cities and municipalities across California. Member cities such as San Diego pay an annual membership fee to the league. According to public documents obtained by the Reader, the city has paid nearly $575,000 since 2004 in membership dues. Yet, despite the public participation and taxpayer funds used, the League of California Cities does not disclose financial information; nor does it follow the state's open-meeting laws.

If Goldsmith's appeal is granted, the group does not have to abide by California's public records act either.

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

March is typically windy, Sage scents in the foothills

Butterflies may cross the county
Next Article

20 Best Online Casinos USA For Real Money (2024 List)

USA Online Casinos: Top 20 Online Casino Sites of 2024
Goldsmith defends the communications between him and the League of California Secret — er, Cities.
Goldsmith defends the communications between him and the League of California Secret — er, Cities.

In a May 15 ruling, San Diego Superior Court judge Joel Wohlfeil denied a motion from the City of San Diego to impose sanctions on environmental attorney Cory Briggs for filing a frivolous action accusing city attorney Jan Goldsmith of wasting taxpayer dollars by communicating with the media.

In his decision, Wohlfiel also ordered the city to pay $83,365 to Briggs in attorney's fees for the lawsuit against Goldsmith and his office for failing to turn over emails the city attorney sent from his private email account discussing city business.

If the amount stands, the total of taxpayer money spent on the case will rise to more than $230,000, not counting the time deputy city attorneys spent on the case and will spend for the appeal the city has since filed.

The push to place sanctions on Briggs is not new. Attorneys for the city have attacked Briggs and his San Diegans for Open Government for accusing Goldsmith of wasting taxpayer dollars by communicating with the media. The accusation was one of the many claims made in the lawsuit over Goldsmith's long-standing policy of using private email to conduct city business. Each time, as reported by the Reader, the court rejected that argument. One reason being that in its defense of Goldsmith, the city claimed he was not required to communicate with the media and therefore did so on his own accord.

Sponsored
Sponsored

In January of this year, Wohlfeil dismissed the taxpayer claim and at the same time ruled that the city had violated the public records act by withholding public documents. Now, Wohlfeil has also dismissed the motion for sanctions against Briggs.

"...[T]he cause of action was proper based on the alleged facts," Wohlfeil wrote in a May 14 ruling. "Thus, the cause of action was not completely devoid of legal merit. The cause of action for waste never progressed to an evidentiary hearing, and defendants fail to offer sufficient evidence via this motion demonstrating that the 'waste' cause of action was completely lacking in evidentiary support. In other words, defendants provide no evidence demonstrating that a useless expenditure of public funds did not actually take place."

But not all was lost for the city. In his tentative ruling, expected to be confirmed in the coming week, Wohlfeil sided with city attorneys over what they believed were excessive legal fees. Wohlfeil knocked off more than $22,000 from Briggs’s proposed legal bill.

Briggs has initially requested the city pay $105,320 for the time he and his staff worked on the lawsuit. Wohlfeil cut that number down substantially due to the fact that state law requires municipalities pay court costs if found to have withheld public records.

"Although petitioner's counsel displayed skill in handling the issues presented, this was not a particularly difficult action. Although petitioner's counsel apparently accepted representation based on a contingency fee agreement, they were virtually assured of obtaining an award of attorney fees in the event they prevailed. This court is mindful that this award will ultimately fall upon the taxpayers to pay."

And while the issue of fees and sanctions are now put to rest, the case is not over. Last month, city councilmembers voted to appeal Wohlfeil's January ruling that ordered Goldsmith to turn over what is estimated to be 25,000 pages of emails between the city attorney and the League of California Cities, sent to and from Goldsmith's private email account.

Goldsmith has gone on record to state the importance of keeping the emails private.

"This is a big deal not only for the League but for all trade associations and advocacy groups that seek member input on whether to file lawsuits or amicus curie briefs," Goldsmith said in a April 13 statement. “There are hundreds of emails from the League in which city attorneys from cities across the state are providing input on whether the League should become involved in a case.”

The League of California Cities is a private nonprofit that advocates for cities and municipalities across California. Member cities such as San Diego pay an annual membership fee to the league. According to public documents obtained by the Reader, the city has paid nearly $575,000 since 2004 in membership dues. Yet, despite the public participation and taxpayer funds used, the League of California Cities does not disclose financial information; nor does it follow the state's open-meeting laws.

If Goldsmith's appeal is granted, the group does not have to abide by California's public records act either.

Comments
Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

March is typically windy, Sage scents in the foothills

Butterflies may cross the county
Next Article

Making Love to Goats, Rachmaninoff, and Elgar

Comments
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.