UPDATE #3: The Cook camp reports the Court of Appeals has stayed any action by the lower court until the Court of Appeals reaches a ruling on the matter.
UPDATE#2: I’m bumping this post to the top of the page with this update. The OC Register ran an editorial on 3/25/08 about Schroeder’s fishing trip. My favorite part is the Editorial’s tagline, “GOP activists launch a frivolous lawsuit against a Democratic candidate”.
You’ve gotta love it when the Register agrees with us “liberals.” As Steven Greenhut continually reminds me, Libertarians do not always agree with the Reeps.
Originally posted 3/24/08 – In the continuing saga of GOP Dark Lord Mike Schroeder’s frivolous lawsuit against Huntington Beach Mayor Debbie Cook over her “legal” ballot designation, I think we’re looking at least at strike one for Mike.
Mayor Cook was scheduled to be deposed by Schroeder today at noon. That appears to not have happened as Debbie is at a DFOC luncheon as originally scheduled. I don’t have the details as to whether the deposition was delayed or ordered not to happen by the Court of Appeals.
It could have been a really short deposition, but I doubt it.
UPDATE: Debbie gave a great speech at a packed room in Irvine at the Caspian Restaurant. The crowd was energized by her address on the greening of HB and her leadership on environmental issues.
And it looks like the Secretary of State’s office has ruled and Debbie gets to keep her title of Mayor for a ballot designation. See this link and go page 67.
It’s clear to me that Schroeder has filed his frivolous lawsuit in order to facilitate a fishing expedition, in hopes of finding something to use against Mayor Cook in the general election should she win the June primary. This certainly makes Mike Schroeder the poster-boy for lawsuit abuse. His attempts to use our legal system as a tool to drain the resources of his political opponents is disgusting. When will a judge slap him with a stiff fine for wasting the court’s time?
It was stayed by the Court of Appeal.
Debra Bowen need to fix Debbie’s campaign URL.
Either that, or Debbie is running for Gongress, not Congress.
harmless typo; easy to fix. Not likely to cost Debbie any votes.
Mark Rosen and Fred Woocher: my heroes!
Gila-
Woocher is Janet’s hero too. There you go. Something in common.
Mayor Debbie Cook 1, Evil Forces 0…
Great start to the campaign!
Regarding your link, Chris: As I understand, the Secretary of State determined that mayor was an acceptable title and that’s how it stands, but Carlson/Schroeder are challenging that designation in court. Not sure what you mean when you argue that SOS has ruled. Isn’t it the court that needs to rule on the appropriateness of the secretary’s designation?
Steven,
In this cae the Secretary of State is the “Elections Official required by law to determine whether the submitted designation is in compliance with the elections code.
The ballot designation is being challenged in OC Superior Court. The appropriatness of that challenge being brought in OC is being appealled to the 4th District Court of Appeals.
Schroeder is on a fishing trip. For a judge to rule in his favor the judge would have to rule on all similar designations. Further, the challenge would only be appropriate if lodged against the Secretary of State. If Schroeder wants to depose someone, he can depose Bowen, if a judge even lets it go that far.
As I said in the post. Schroeder is the poster-boy for law suit abuse.
Chris:
I agree with your opinion on the frivolous nature of the lawsuit and the foolishness of it from a political standpoint. Check out the Register editorial today. But I just wanted to understand what you were writing regarding the details of the hearing. OK … I see what you are saying in your comments, but aren’t you wrong — and I’m not picking on you here, just trying to understand it myself — when you wrote “And it looks like the Secretary of State’s office has ruled and Debbie gets to keep her title of Mayor for a ballot designation.” If you are right, then why does the lawsuit continue?
Steve —
I wrote that, not Chris. The SoS has granted this title designation time and time again; Cook spends most of her time on council/mayoral duties. This is not an issue for the OC courts to decide. Schroeder/Carlson challenged Cook’s original listing as Mayor; a judge granted a trial date and deposition, but then the SoS came to affirm the ballot designation. Schroeder wants her under deposition and even though he claims he is limited to what he can ask her, I have to wonder what records he wants her to produce and what questions he’ll ask her that she won’t answer as fodder for Dana. This is a frivilous lawsuit at best .
Steven,
While Dan did provide the update, I can understand the confusion. The “ruling” by The SOS was her deterination and certification of the ballot designations for all candidates on the June ballot. That “ruling” stands unless overturned by a judge. The appropriate venue for that chalenge would be Sacramento, not Santa Ana and I would suppose the appropriate defendant would be Bowen at this point.
But, I’m not a “liberal” trial lawyer like Schroeder.
Dan:
I agree. It’s a frivolous lawsuit and Superior Court doesn’t seem to be the right jurisdiction and Mike is going on a fishing expedition for political purposes. Got it. But the suit obviously is moving forward, which simply means that your depiction of the situation, that the issue is resolved and Debbie gets to keep her designation isn’t quite right — at least not yet. Just trying to get the facts straight here …
Steve – the SoS has published the documentation with the ballot designation. That tells me as far as SoS is concerned, and that’s where the matter belongs, it’s settled. Schroeder said (on Red County) he didn’t include the SoS in the suit and he’s only challenging Debbie’s listing as Mayor while ingoring three Republicans running for State Assembly who achieved the office of mayor the same way Debbie did. Now, if Schroeder wins and gets Debbie to substitute “Council Member” but the three Republicans get to keep “mayor,” is someone with a press badge going to ask Schroeder why its OK for three GOPers to use Mayro in their ballot titles but its not OK for Cook?
But Steve, this is another shining example of Republican hypocrisy’; Republicans cry out against frivilous lawsuits and call for tort reform all the time, except when it suits them. They claim to be the party of fiscal repsonsibility when the massive federal deficit and national debt prove tiem and again, they are not. They claim to be the party best able to protect Americans…two words: Hurricane Katrina. They dida helluva job protecting an American city with advanced warning.
But the suit obviously is moving forward, which simply means that your depiction of the situation, that the issue is resolved and Debbie gets to keep her designation isn’t quite right
Here’s what I understand. What Debbie won yesterday was a stay of the depo. Today (Tuesday) I believe they will all be in the COA again to try to get the entire suit thrown out.
But either way, the clock runs out on Thursday. The SOS has ruled that “Mayor” is an appropriate ballot designation for Cook, and any challenge to that must be successful by Thursday.
Steve —
This is effectively political exhortion on Schroeder’s part; he wants her under oath for a deposition and once she is under Oath, he can ask her anything. For Schroeder to be in this deep this soon, Dana must be in real trouble.
Thank you, Gila! Finally an answer to my factual question. Was that so hard? 🙂
The SOS can say the title is ok but any voter has the right to challenge this, and there is a timeline to do so otherwise forever hold your peace. I belive Gila is right….I think thursday is that last day to challenge.
Leave it to Dan to chain so many irrelevant issues to the bumper of thhiis lawsuit.
Steven—Well, you asked nicely three times but I bet you’re still waiting for a straight answer. Try this:
The status quo per the SOS means Cook keeps mayor. But the suit is still alive and its possible(but highly improbable) that judicial activist Judge Lewis could prohibit Cook from using the mayor monkier. In that event, Mssrs. Rosen and Woocher jog down to Spurgeon Street and file their writ at the Court of Appeals. It is more likely then not the DCA knocks Schroeder out of court quicker then his Trojanettes got knocked out of the NCAA Tournament.
Even worst(or best depending on your take)case scenario for Cook and the DCA washes its hands and refuses to issue a writ and the Supremes do likewise(and the Raiders have a better chance of going to the Super Bowl then this happening–300-1 odds in Vegas))–she still would be on the ballot as mayor in L.A. County where about 31% of the District Democrats and 24% of the Districts Decline to state voters reside. This illogical result is one of the reasons the Dark Lord should have named the L.A. County Registrar and the Secretary of State who are indispensable parties to this litigation. Unless this was all just the Dark Lord’s version of a Roger Clemen’s brushback pitch in which case this election promises to be played on the inside part of the plate. Ms. Cook, I suggest you chat with Mr. Woochers other client, Supervisor Nguyen, about how close to the plate you can really get and survive.
And Steven, props for the Register editorial.
I appreciate the props, Steve and Flowers, but frankly it’s a tough issue. I’ve spent hours talking to people in an attempt to parse what’s really happening.
Flowers, Thursday isn’t the last day to challenge: Thursday (presumably 5 pm) is the time that the clock stops. All challenges cease at that time.
However, I just got some new info and will post about it shortly.
“Leave it to Dan to chain so many irrelevant issues to the bumper of thhiis lawsuit.”
what part of anything I said isn’t true Matt? Next time you guys whine about lawyers and frivolous lawsuits, we’ll send you a picture of Schroeder so you’ll know what one looks like.
Can we pick up last week’s posting about how McCain isn’t qualified to lead us because he ‘misspoke’ Boy is McCain a screw up.
Nothing can compare with what he said –