September 21, 2012
Dismissing former Monterey County Water Resources Agency director Steve Collins' defamation lawsuit against the county as "a smoke and mirrors dance," Judge Roger Randall tossed the $25 million complaint on Friday afternoon.
Attorney Mark Wasser represented the county in arguing Collins' suit was a Strategic Lawsuit Against Public Participation or SLAPP, meaning it would effectively of silence and interfere with public participation. County Counsel Charles McKee says the basis of Collins' lawsuit included newspaper quotations made by county supervisors, and such statements are entitled to free speech protections.
"This anti-SLAPP motion is designed to do nothing more than shut me up," Collins said.
He filed a 116-page response to the county's motion, arguing county officials knew he was being paid by RMC Water and Environment, a consultant with a $28 million contract on the Regional Desalination Project.
Collins cited a 2010 conference call in which he says county attorneys acknowledged his RMC deal. "He has said the same thing now three times: 'I have some evidence, but it's not here,'" Wasser said in court Friday. "The best he can do today is talk about a telephone conference which he was not a party to."
As evidence, Collins offered to play a tape of a call with Curtis Weeks, the former MCWRA general manager, allegedly proving Weeks knew about helped cover up county knowledge of the RMC deal. Randall declined hearing the tape.
Collins says he won't appeal the decision, but plans to pursue another civil complaint against the county in federal court. He represented himself in the Monterey County Superior Court case.
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Comments
oldguy49 says...
Congratulations, Mr. Collins, it is about time you called in the Feds. You had no chance in Monterey County, what happended to Judge Villareal? I read your 116 page filing and this Wasser fellow is dead wrong, the teleconference he is referring to was fully documented by the outside law firm, you are referenced as being on the call by the law firm and were the subject of the call. The law firm issued a no 1090 conflict opinion. How can you have your case transferred at the last minute? Who the hell is this Randall fellow, he does not appear on any of the Monterey County Judge listings.
Posted 21 September 2012, 4:23 p.m. Suggest removal
greatgranny says...
The following info was made aware to me by oldguy49 so will pass it along to you just to let you figure out how badly Steve was screwed by the County..As he showed up in Villareal's courtroom and was pushed off to this vising Judge at the last minute was he made aware he had a right to say NO, and reset a time ?? NO Was he notified , IN ADVANCE,of a change of Judges?? NO Did the visiting Judge make him aware of his rights, AS REQUIRED, of Pro Se litigants Supreme Court litigants?? NO.. I personally know the answers..You folks figure out what a tangled web was woven here...
Posted 25 September 2012, 9:21 a.m. Suggest removal
oldguy49 says...
Hey, Granny, I think we all know the answers here, go to KION (sorry Weekly) if you want to see some interesting story lines. This guy just flat got screwed, but this is a long race, not a sprint. The County may have won a battle, but as I learned many years ago one battle does not a war make. In my opinion, this never belonged in this County anyway, this needs to be filed as a Corruption case at the Federal level (trebel damages) and let these folks go to a Federal Grand Jury in San Jose and lets see how well their "privilege" claims and SLAPP suits hold up there. It will be interesting to hear McKee explain how his phone logs, which show phone calls made regarding Collins and RMC on June 3 and 4, 2010 wash with his public statements that he knew nothing until April 2011. Subtle, but as the legal documents in the case clearly demonstrate, the BOS voted on this matter permanently on January 11, 2011, that is when the Water Purchase Agreement became effective. McKee, Weeks, Grant, Calcagno, Potter and Salinas all knew of Collins RMC contract, he had already recused himself, the BOS voted to pass it anyway, and then kill the project, claiming they had no idea. Pathetic, the facts and data are right in front of your eyes if you only look.
Posted 25 September 2012, 3:51 p.m. Suggest removal
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