The Story
This is the true story of a few energetic, anonymous senior citizens in Culver City, California, who had the audacity to buck Chamber-of-Commerce-sponsored candidates seeking election to the City Council. They called themselves the Ad Hoc Committee for Culver City Residents First.
In a short time and at minimal cost, they drafted, copied, and distributed a political flyer to almost every doorstep and numerous automobile windshields in a city of approximately 40,000 residents. Though some will deny it, they drove voter turnout to record levels.
The Culver City Observer wrongfully described their acts as illegal and encouraged vigilantes to hunt them down. The Fair Political Practices Commission ultimately determined that there was insufficient evidence to establish that a violation occurred. Old-guard politicians besmirched the Committee and warned of negative consequences if they continued. One resident publicly described them as “cowardly communist[s] on my doorstep” and requested the Observer “identify and expose these disgusting people.”
The Chamber-of-Commerce-sponsored candidates were soundly defeated.
That is part of the story. The Committee’s attorney sought governmental protection for Committee members and was, in effect, told to take a hike. The Observer then went after the Committee’s attorney with allegations of unethical and/or illegal conduct. The attorney sued the newspaper and its publisher based on allegations of defamation. One day before the scheduled trial, the Observer’s publisher personally petitioned for Chapter 7 Bankruptcy. After a scathing commentary against the Observer and its publisher, the Trial Court rendered judgment — awarding both compensatory and punitive damages against the Observer.
Summary
After taking a victory lap, “the Committee encourage[d] all residents to invoke their Constitutional right of free speech during the next and all future City-Council elections. Furthermore, the Committee encourage[d] new faces — who believe residents come first — to throw their hats into the ring.”
The Publications
Unlike most disputes, this one is fully documented. The record below traces the sequence of events from the initial flyer through the court’s final judgment.
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01
Senior-citizen Committee members distributed a political flyer to almost every doorstep in the community.
180312_Flyer.pdf -
02
The Observer’s publisher inquired with the California FPPC and was informed there was no basis for any allegation that the Committee was acting illegally by not registering.
180313_FPPC_Advises_CCO.pdf -
03
Ignoring the FPPC, the Observer accused the Committee members of illegal acts and sought vigilantes to track them down and identify the then-anonymous members.
180315_CCO_RaceTurnsUgly.pdf -
04
Vigilantes stalked and photographed Committee members. The Committee’s attorney sought police protection for the members.
180321_Complaint_to_CC_Police.pdf -
05
The FPPC informed the Observer that its publication misquoted the FPPC concerning the Committee.
180313_FPPC_Advises_CCO.pdf -
06
The Observer continued its baseless allegations, accusing the Committee’s attorney of unethically threatening.
180322_CCO_AllegedThreatenedCriminalProsecution.pdf • 180322_CCO_Online_City_Council_Race_Turns_Ugly.pdf -
07
With record voter turnout, the Chamber-of-Commerce candidates were trounced.
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08
The Observer’s false allegations continued against the Committee’s attorney.
180405_CCO_FilingStateBarComplaint.pdf • 180405_CCO_Online_Reveal_Flyer_Distributors.pdf • 180412_CCO_Online_FilingStateBarComplaint.pdf • 180426_CCO_Online_AllegedStateBarInvestigation.pdf • 180510_CCO_AllegedStateBarAndFFPCInvestigations.pdf -
09
The Culver City News — another community newspaper — denounced the false allegations circulating about the Committee.
180405_CCN_CCO_Denounced.pdf -
10
The Committee’s attorney filed a legal action against the Observer and its publisher based on allegations of defamation per se — where damages to reputation are presumed due to the nature of the false statements.
Lawsuit Details
The legal proceedings that followed are fully documented. The record below spans from the initial retraction request through the final judgment.
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Ⅰ
The Committee’s attorney requested the Observer and its publisher retract and correct their false allegations.
01_Retraction_Request.pdf -
Ⅱ
The Complaint for Damages detailed the allegations and requested monetary relief.
02_FirstAC.pdf • 03_Notice_Punitive_Damages.pdf -
Ⅲ
Plaintiff’s Trial Brief detailed the allegations and associated legal theories.
04_TrialBrief.pdf -
Ⅳ
The Observer’s publisher petitioned for Chapter 7 Bankruptcy on the eve of trial.
05_BK_Notice_of_Chapter_7.pdf -
Ⅴ
The Trial Court ruled in favor of the Committee’s attorney for compensatory and punitive damages.
06_Minute_Order_(Trial).pdf -
Ⅵ
The Judgment reflects the Trial Court’s statements concerning the Observer’s despicable conduct.
07_Judgment.pdf
Disclaimer
The information presented on this website is provided solely for general interest and educational purposes. It is not intended to be, nor should it be interpreted as, the rendering of legal or other professional advice. The views expressed herewith are not necessarily politically correct and are subject to change without notice.
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