LAKE COUNTY, Calif. – A federal judge has ruled against the Hidden Valley Lake Association’s motion to overturn a $2 million jury verdict awarded in February to the association’s former golf pro who was defamed by the former general manager, but the case is headed to a still higher court as an appeal has been filed in this latest decision.
On April 18 – two days ahead of a scheduled motion hearing in San Francisco – Judge Susan Illston chose to rule without oral argument in favor of upholding the February verdict a jury unanimously awarded to Wayne Clark.
Illston issued an order denying the association’s renewed motion for judgment as a matter of law and motion for a new trial, and request for stay of execution of the judgment, which had been filed March 1.
Clark was “very pleased” with the ruling, said his attorney, Victor Thuesen. “It’s been a long, hard road for him.”
However, the case is still not over, as the association has filed a notice of appeal of Illston’s decision, according to association attorney William Munoz.
Munoz said Wednesday – the day after the notice of appeal was filed – that no further comment was being offered from the association at this time.
The association board – President Jack Worster, Vice President Tim Bartice, Secretary Rose Spitzer, Treasurer Sheri Cobb, and directors Steve Verhaart and Bruce Brashares – held a regular meeting Thursday at 6:30 p.m. at the community center. The lawsuit was not mentioned on the agenda.
Clark had been the association’s golf pro for four years, until he was terminated without cause in April 2015 by then-General Manager Cindy Spears.
After firing Clark, Spears – according to the case documents and testimony during depositions and at trial – set out to attack and damage Clark, using community members to help spread defamatory allegations that included claims that he had pornography on his work computer. A sheriff’s deputy testified at trial that no pornographic materials were found on the computer.
Additionally, after Clark’s termination Spears accused him of embezzlement of funds and mismanagement of the golf operation, that he drank alcohol while working and was going to be arrested for criminal conduct, all of which were proved untrue at trial.
In the lawsuit Clark originally filed in April 2016, he alleged multiple causes of action, including violation of privacy, defamation, negligent infliction of emotional distress and intentional infliction of emotional distress.
Spears could not be located to take part in the trial, although she did submit a declaration to the court last fall in which she acknowledged that no pornography was found on Clark’s work computer.
In early February, following a seven-day trial in San Francisco, a jury unanimously awarded Clark the $2 million settlement, making five separate findings of malicious conduct, which both Thuesen and an expert in defamation law he later spoke to about the case had never seen before, as Lake County News has reported.
Less than a month after the verdict, the association filed the renewed motion for judgment as a matter of law and motion for a new trial, which led to Illston’s ruling last week.
The Tuesday notice of appeal filing to the United States Court of Appeals for the Ninth Circuit brings with it “more hoops” for Clark to jump through, said Thuesen.
He said he’s not engaged in discussions with the Hidden Valley Lake Association so he’s uncertain as to what the board wants to do.
The association had argued in its motion for judgment that the jury got the verdict wrong, and in its motion for a new trial said the damages awarded to Clark were excessive. The latter claim is notable since Clark did not receive punitive damages.
Judge Illson disagreed with the association’s arguments.
Thuesen, who noted that Clark opposed the motions, said he agreed with Illston’s reasoning.
By the end of Tuesday Thuesen said he had already head from the Ninth Circuit Court of Appeals regarding a briefing schedule.
“We’re on a pretty short timeline,” said Thuesen. “If they carry forward with the appeal, they’ve gotta get workin’.”
He then clarified that the briefing schedule is a “short” timeline in lawyer speak; if all goes according to schedule the briefing would be complete by September. The court would then set a hearing date.
Based on his decades of experience, Thuesen said the Ninth Circuit usually bases its decision on the briefing rather than oral arguments. After the hearing, he said he expects there would be a decision very soon.
“I don’t see how they’re going to get around it,” Thuesen said of the association and the $2 million judgment.
The Ninth Circuit is the last stop for the association, said Thuesen.
“They will not have a right to appeal to the Supreme Court,” he said.
“You must ask permission of the Supreme Court to hear a case,” and Thuesen said such requests are granted sparingly.
If the Ninth Circuit rules for Clark, Thuesen said he assumes the Hidden Valley Lake Association will abide by the ruling. But, he added, he believed they would do that for the jury’s verdict.
As for Clark, “He’s prepared to hang in there for whatever,” Thuesen said.
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Judge upholds federal defamation verdict against Hidden Valley Lake Association; notice of appeal filed
- Elizabeth Larson
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