LEBARON FILES MOTION SEEKING TO DISMISS RESTRAINING ORDER FILED BY MENDOZA, CITING ANTI-SLAPP STATUTE

By Miriam Raftery

Photo: Councilmember Jennifer Mendoza looks on as attorneys Cory Briggs and Melinda Vasquez participate remotely in Monday's court hearing at the El Cajon courthouse. Councilmember Liana LeBaron was not present.

April 4, 2023 (Lemon Grove) – Attorney Cory Briggs has filed a motion on behalf of  Lemon Grove Councilmember Liana LeBaron asking Superior Court Judge Peter Lynch to dismiss a civil harassment temporary restraining order issued on behalf of Councilmember Jennifer Mendoza.  He cites California’s anti-SLAPP statute as the reason to dismiss the matter.

Briggs contends that the restraining order constitutes a SLAPP suit, or Strategic Lawsuit Against Public Participation. SLAPP suits are actions filed to discourage a person from speaking out on issues of public importance. 

“The purpose of the anti-SLAPP statute is to encourage participation in matters of public significance and to prevent meritless litigation designed to chill the exercise of First Amendment rights,”  states LeBaron's brief filed in support of the anti-SLAPP motion.

The brief further contends that LeBaron is "frequently in the minority when it comes to advocating for transparency and fiscal responsiblity" and that "petitioner does not like the scrutiny and criticism that Respondent has been proivding," calling the suit seeking a restraining order "frivolous."

Judge Lynch has set an April 24 date for Mendoza to file an opposition to the anti-SLAPP motion.

On May 8^th, the court will hear arguments to determine whether the anti-SLAPP motion applies or not. If the SLAPP motion does not apply, the Judge will then hear evidence on whether or not to issue a permanent restraining order against LeBaron.

As ECM previously reported, in her written brief, Mendoza indicated LeBaron’s husband had filed a restraining order and that LeBaron was arrested over alleged domestic violence. No charges were filed, and LeBaron's husband dismissed his petition seeking a permanent restraining order, but has since refiled it with divorce proceedings in the works. LeBaron claims his complaints were false.

LeBaron denies those allegations and submitted affidavits signed by several people who attested that the vehicle honking was part of a candidate parade through residential streets that coincidentally included the street where Mendoza lives. She accused Mendoza of pushing a chair into her when she approached her at the brewery and called the Sheriff, though the Sheriff did not find any evidence of an assault.

LeBaron, in her written brief,  noted that while Mendoza’s filing indicated  LeBaron had been arrested and had a temporary restraining order filed against her by her husband over alleged domestic violence,it failed to mention that no charges were filed and that LeBaron's husband dismissed his petition seeking a permanent restraining order. The couple has since divorced, and LeBaron claims his complaints were false.

The City Council did previously consider censuring LeBaron for alleged harassment of staffers as well as disruptive behavior during meetings,notably one that resulted in the Mayor ending a meeting early when LeBaron continued speaking out and refused to follow Council rules. However Briggs noted that when he submitted a public records request for proof of staff complaints, the city found no responsive records; he contends that other alleged actions are protected as free speech.

To assure that LeBaron can attend and participate in City Council meetings, Briggs asked the judge during a hearing on April 3 to modify the temporary restraining order. The judge asked the attorneys for both sides to agree on language.

The agreement allow LeBaron to attend City Council meetings as well as closed-door sessions, as long as she does not engage in any harassing behavior.  The temporary restraining order, which requires LeBaron to stay 100 yards away from Mendoza, will not apply when LeBaron is arriving at, participating in, or leaving Council meetings or closed door sessions.