Hollister
– A Monterey County Judge ruled this week that former San Benito
County Planning Director Rob Mendiola can’t sue Los Valientes
attorney Mike Pekin for critical remarks the controversial
counselor made in several area newspapers two years ago.
Hollister – A Monterey County Judge ruled this week that former San Benito County Planning Director Rob Mendiola can’t sue Los Valientes attorney Mike Pekin for critical remarks the controversial counselor made in several area newspapers two years ago.
Monterey County Superior Court Judge Robert O’Farrell ruled Wednesday that Mendiola failed to prove Pekin acted maliciously in 2004 when he told the Free Lance that Mendiola would be implicated in corruption charges filed against former San Benito County Supervisor Richard Scagliotti. Mendiola filed suit against Pekin in 2005 for defamation and invasion of privacy, claiming the attorney waged a “smear campaign” against him. The suit also alleged that Pekin maliciously and intentionally made comments to newspapers, published both in San Benito County and Santa Clara County, that Mendiola acted unprofessionally and illegally by showing favoritism and bias in a variety of planning department-related matters.
In the seven-page court decision, O’Farrell wrote “(Mendiola) has not met his burden to show that (Pekin) in fact entertained serious doubts as to the truth of the publications or that (Pekin) acted with willful falsity or recklessness.”
Neither Mendiola or his attorney Phillip Berry could be reached for comment by press time on Friday.
Pekin was pleased with O’Farrell’s ruling, which he sees as the end of the case.
“Unless there is an appeal, this is over,” Pekin said. “Mendiola’s complaint was entirely unconstitutional by every legal standard.”
Mendiola could be ordered to pay Pekin’s legal costs for defending himself against the suit, according to O’Farrell’s ruling. Pekin said his legal costs for the case were “extremely significant” and far exceeded $10,000.
Mendiola was fired by the San Benito County Board of Supervisors in May of 2005 after 20 years at the helm of the planning department. A board investigation into allegations of corruption in the planning department later cleared Mendiola.
Mendiola had been a key figure in Pekin’s pending corruption lawsuit against San Benito County and Scagliotti, but his name was dropped from that suit in 2006. The main allegation in that suit, filed in 2003, accused Scagliotti of using his position on the board to hastily rezone the Churchill Nut Plant and pocket a $1.2 million profit. The allegation has yet to be proven in court.
Although Mendiola won’t be able to collect damages from Pekin in Monterey, he still has a chance in San Benito County. District Attorney John Sarsfield filed a civil rights suit against Pekin and his law firm in 2004 alleging they violated the civil rights of eight government officials and local business owners, including Mendiola, through extortion and by filing false lawsuits. That case is still pending. If Sarsfield is victorious, Mendiola could collect up to $25,000 in damages.
Reporter Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or
br******@fr***********.com
.
