In a stinging rebuke to the County of Mendocino, lawyers for Auditor Chamise Cubbison on Tuesday attacked a change of venue motion as a “waste of still more taxpayer dollars on an untimely, legally defective, and utterly frivolous” court filing.
“The County is attacking the assigned judge to the civil case, Ms. Cubbison’s criminal and civil counsel, and every member of the press, and apparently every sitting judge in Mendocino County,” declared Therese Cannata, a San Francisco attorney seeking civil damages on behalf of Cubbison.
In the meantime, the costs of the high-stakes standoff between outside county attorneys and Cubbison’s legal team are mounting.
So far, the county has authorized payments of more than $250,000 to resist the Cubbison civil case and to pursue a failed bid to criminally prosecute her. Cubbison and her family have had to dig deep to hire private attorneys to defend her. Cubbison on Tuesday estimated she has had to spend twice what the county has to defend herself, going without salary or benefits for 17 months while facing criminal prosecution.
Morin Jacob, the lead outside County attorney from San Francisco, now wants to further delay the contentious Cubbison civil case by moving it to Marin County, where she asserts the County can obtain a fairer hearing on the narrow legal questions she insists are at issue.
Jacob contends Cubbison’s counsel “and the local media have attempted to transform the straightforward statutory analysis of this writ proceeding into a sprawling conspiracy, involving gossip blogs and sensationalized claims.”
Jacob is managing partner of the San Francisco office of the statewide law firm of Liebert Cassidy Whitmore, which to date has billed county taxpayers at least $200,000 to stall Cubbison’s legal efforts to win back salary, benefits, and personal damages after criminal accusations against her were dismissed earlier this year.
Jacob continues to decline repeated written requests to be interviewed about the pending Cubbison case, confining her remarks and allegations surrounding the high profile case to legal documents.
In her change of venue motion, Jacob argues, “It has become evident, through media coverage and statements made by this court that an impartial hearing cannot be conducted in this county due to local prejudice, bias, and media influence.”
Superior Court Judge Ann Moorman on Feb. 25 dismissed the felony criminal case against Cubbison, an action filed by District Attorney David Eyster in October 2023 and tried by an outside prosecutor in a move that cost the county more than $50,000. At the conclusion of the long-drawn out preliminary hearing, Moorman tossed the Cubbison criminal case and castigated the “willful ignorance” of some key County witnesses. Moorman said evidence showed that Cubbison in fact was a “whistle blower” in a case that revolved around $68,000 in extra pay for the County’s former Payroll Manager Paula ‘P.J.’ Kennedy. Kennedy also was charged by DA Eyster with felony misappropriation of public funds, but those charges were dismissed too.
Moorman has also been assigned to preside over the civil case, which is becoming increasingly acrimonious.
John Haschak, chair of the Board of Supervisors, sparked a new uproar with a letter written May 13 to Cubbison in which he defended county administrative actions since the elected Auditor returned to office. Haschak concluded by asking Cubbison to let the board know “as soon as possible if you are unable or unwilling to fulfill the duties and statutory requirements of your position.”
Cubbison appeared before the board Tuesday morning in response and repeated that she needs the ability to freely communicate with Sara Pierce, the Acting Assistant County Executive Officer who was appointed to act as County Auditor-Controller/Treasurer-Tax Collector for 17 months while Cubbison was suspended and before the criminal case was dismissed. Cubbison praised the work of Pierce in general but said direct talks between them are needed to understand the complex financial issues at hand. Pierce insisted Tuesday it was her decision to restrict communications with Cubbison to written questions and not engage in direct communication because of demands of her new role as the County’s purchasing agent.
The tense atmosphere surrounding Cubbison’s civil case is underscored by declarations expressed in the change of venue motion filed by Jacob, the County’s outside attorney.
Jacob argues in her April 28 motion that since DA David Eyster filed the criminal case, “local news outlets and blogs have spent countless hours speculating, sensationalizing, and promoting unsubstantiated claims against the County in the local media.”
In addition, Jacob criticizes Judge Moorman for “castigating the County in the criminal matter even though the County was not a party” to the felony prosecution, and in the companion civil litigation for not setting “boundaries considering the very narrow legal issue before it.”
Jacob is claiming that a disputed obscure state law gave the Board of Supervisors the authority to suspend Cubbison without pay and benefits after she was criminally charged by DA Eyster. The statute in question, however, only specifically cites a County Treasurer. Cubbison did not hold that title at the time of the alleged criminal offense.
Cannata, a noted attorney who has garnered a statewide reputation representing public management employees, ripped the County contentions in a lengthy statement provided this week.
“The county claims, for a civil action that has been pending since December 2023, that it cannot get a fair trial before the assigned judge or any other judge in its own county because of what happened in the criminal case against Ms. Cubbison,” wrote Cannata.
Cannata continued, “What happened was that the criminal case was dismissed, Ms. Cubbison was exonerated, and she resumed her duties as an elected official. Until this filing in the civil action, no one – including the special deputy assigned to the case or the sitting District Attorney – has ever hinted, much less stated, that there was any error or misconduct by the attorneys or judicial officers in the criminal proceeding.”
“Ms. Jacob and the Board of Supervisors sit alone on the island of imaginary facts and law in making this absurd and unwarranted claim,” declared Cannata.
Cannata said as to biased news coverage, “the County was quite content with the press coverage of Ms. Cubbison being arrested and prosecuted in a criminal case for 17 long and terrifying months.”
“After the press accurately reported on the dismissal of the criminal case and sworn deposition testimony obtained in the pending civil action that cast CEO Darcie Antle in a bad light, the county decided that local press coverage would somehow deprive the county of a fair hearing,” Cannata wrote.
Cannata warned that her firm is prepared to “protect and defend Ms. Cubbison’s rights in this civil action, and bring further actions if needed, to put a stop to any unlawful retaliation and interference with her job as an elected official.”
It’s a no-brainer: the County will be held liable for suspending an elected official without pay on an ACCUSATION! Cubbison has suffered tremendously! I predict she will be awarded 5 million total. Also, her pension contributions need to be made whole. The Board and DA should be criminally charged for this fiasco!
Ms Jacob has a branding iron in the fire. I expect she will ride out and rope in both Mike Geniella and Mark Scaramella to hogtie with subpoenas and try it out on them. From thence forward It’ll be called, The Geniella/Scaramella press conspiracy. They’ll leave Bruce Anderson out if it; ostensibly, due to his advanced age and delicate health. Be he is the one who fanned the flames of discontent like a bellows in a forge, by Jove—oops, I mean Vulcan!
Picture a jury pool as a cowherd. The lawyers (read cowboys) will sort the cattle according to their brands— yes, we all have ‘em, we all serve somebody—and any steers or heifers (bulls and cows past their prime, readers of the Geezer Gazette, for instance, are rarely summoned to jury duty) wearing the AVA brand, or the G/S brand, will be thanked and excused.
First, finding a Jury that has no idea who the Auditor is, or the CEO, DA etc. or a group who has any political familiarity beyond knowing that they live in a place called “Mendocino” on something called a “map” should be no problem. Second, whoever is advising the Board really should be encouraging them to settle. Juries these days are giving out absolutely immense enormously huge verdicts at the hint of malpractice or incompetence. Juries think this teaches someone a lesson. Its like rolling the dice to go to trial, but its stacked against any large entity, including the county. Get a second opinion at least.
Changing the venue in a legal context is requested to ensure a fair and impartial trial. So, I ask the question, what part of the last 17 months was not fair and impartial for our County representatives? I believe any biases formed against these same officials is do to their actions before, during and after the dismissed lawsuit initiated by the County Distrct Attorney, C. David Eyster.
What we do know from depositions is the concern about possible embezzlement of funds was known by the CEO 8 months before the lawsuit was initiated. That being the case, was there an internal investigation to determine the parties involved and motive? And, if so, I believe they would have determined in the semi-monthly payroll reports, with wide distribution, the disclosed amounts could have been examined.
It appears the investigation was not done or it was ignored in favor of filing the lawsuit. As a result the BOS removed an elected official, Chamise Cubbison, from office, without any appeal or representation; and without salary and benefits for the duration of the 17 month County initiated lawsuit process. Judge Ann Moorman skillfully dealt with our County officials’ half truths and willful ignorance issues to finally sort out what is truth and fiction during the hearing findings. And thus the lawsuit was dismissed. Unfortunately, it took so long but the Court record is there for all to see.
Now, in the interest of fairness and impartiality, the County is looking for a more receptive audience by a change of venue. I suggest they need to go a lot further away than Marin County to find one. It used to be when we raised kids like these, we would tell them to admit they were wrong and accept the consequences. After 17 months of lies, distortion and misrepresentation the Judge confirmed they were wrong, so I suggest you accept the consequences.
And I remind these officials, it’s not your money you are spending in this process, it is ours, the taxpayers’, money. You are acting irresponsibly by not paying the lost salary and benefits to Chamise Cubbison after the lawsuit was dismissed last February. And, we are still going to have to pony up for your character assassination of this individual. I personally would prefer you stop trying to turn this situation into something it is not, and make better use of our tax dollars.
The only bias we citizens have is of your doing. I suggest you stay here, and give your citizens a voice.
Shameful business. All of it.
Pay up and settle for whatever they want you guys screwed up from the get go then I think we need to see Eyster and antle be prosecuted for malicious intent fired and their pensions given to these 2 women. Start over with a different BOS ones that are smarter and do their homework. Enough of this good ole boys network