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 damages on behalf of Cubbison.
In the meantime, the costs of the high stake’s standoff between outside county attorneys and Cubbison legal team are mounting.
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 Libert 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 a 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 Kennedy. Kennedy also was charged by DA Eyster with felony misappropriation of public funds, but they were dismissed against her too.
Moorman was also 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 in response and repeated that she needs the ability to freely communicate with Sarah Pierce, the assistant County Executive Officer appointed to act as county Auditor for 17 months 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 the Cubbison 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 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 an 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.”
Cubbison is going to be a very wealthy woman soon.
This motion is a loser. It doesn’t even pass the red face test – “Can I argue this without total embarrassment?”
First, Judge Moorman, not a jury, will decide the basic question of whether the County had the right to suspend Cubbison. So jury bias is a straw man. The county knows it has no chance of removing Judge Moorman for cause based on a claim she is biased so it is trying to achieve the same result by moving the case to another county.
Even in criminal cases where there is much more solicitude to protect defendants against a biased jury pool, transfers such as this are very rare. Here there is apparently no objective evidence of a biased jury pool nor, more importantly, that the usual procedures of questioning potential jurors to assure they have an open mind would be insufficient for the county to get a fair trial. Although this case may be sensational in revealing the County administration’s incompetence and malfeasance, it has not been sensationalized by the press. The facts are shocking, that’s all.
Worse, to the extent the County fears an award of damages for violating Cubbison’s civil rights to a fair hearing, it is shooting itself in the foot. Lawyers representing plaintiffs try very hard to get cases heard in urban areas rather than rural counties like ours, because it is an article of faith that juries in rural areas give much lower damage awards. Are the county’s attorneys ignorant of that?
The County’s defense has been one Hail Mary after another for two-plus years. The Supervisors need to settle the Cubbison case now rather than running up more fees and losing anyway. Either they are getting terrible advice or – more likely in my view – they don’t want to face the music. At $125,000/year for a cushy part-time job the five could just kick in a year’s pay and get this over and done.
they can always use a CCP 170.6 peremptory challenge to remove her and have her replaced with another local judge
I believe the Cubbison civil case was assigned to Judge Moorman for all purposes. In that case a peremptory challenge under CCP 170.6 must have been made within 10 days of the assignment. So its way too late.
Chamise is victim #1 that has been able to pursue her issues. Hundreds of county staff over the years bullied by toxic upper management personalities and abuse. They run a rat riddled ship filled with hull breeches, starving crews and corrupt favoritism, sheilded by some odd cloaking device that makes it look glossy, shiny and “sea worthy” . County is in a crisis beyond anyone’s wildest imagination. Corruption is the cud chewed by these sacred management cows. Smile n wave.
Just because y’all made yourselves look like a bunch of dumb asses with this ridiculous case doesn’t mean you get to change venues to try and hide from your errors and mistakes. Sorry, but that’s not what a change of venue is for. You made your bed, and now you have to sleep in it. While were at it, is anyone investigating DA Eyster? That man should be locked up as well for all the shady dealings and conspiracies he has been involved with over the years. Eventually he’ll have to sleep in the bed he made too….
Yikes ! I’ve never been an anti-government type but this crew is trying its best to convert me. Their criminal cronyism and abject denial is going to turn the county into a completely dysfunctional bankrupt shell, and they’re still trying to implement retribution on Cubbison by stonewalling her re. trying to do her job (talk about cutting off your nose to spite you face !). How hard is it to instigate a mass recall !?
Nobody works here at Mendontfever. You have to go to RHBB to get breaking news for Mendocino County?
This has not hit RHBB as of yet.
I agree, Mendo fever sucks
The US Constitution won’t be happy until it consumes all the scumbags in Mendocino County not committed to it, and you know who you are too, don’t you?
The Government is not above the People.
Given the pain I experienced in your County, y’all deserve the hammer!!
The embattled albeit pampered Auditor should resign immediately due to the shame brought on ALL the County’s citizens. Don’t even try to defend unprofessional behavior with your Bay Area snark. Semper Fi assholes.
This site practices censorship.
No kidding!
Just to clarify.
#1 DA Dave, County cronies blowing out for fear they will not recieve fair treatment? Um they just railroaded Ms Cubbison without due process?
#2 The back pay due to C.C. is under 200k, yet they are happy to throw down quadruple that to prevent more truths from coming to the forefront. All the while screaming “We are broke”.
#3 Supervisor Hashack just gaslight her on video and in writing?
#4 Personal phones, emails and computers were utilized to manipulate and ponder ill advised actions,
#5 When will the personal phones, emails and computers used by all involved be subpoenaed?
We are seeing just the beginning of the corruption and manipulation. It is as deep as the Smith during peak snow melt. Truth wins.
On all the backs of the taxpayers
Not sure who the dummy is in County council department advising the Board of Dupervisors on this case with Cubbison. You’re battling a giant. You Cannata win because you started on faulty ground. Teresa’s got y’all by the balls. Pay up! And move on… Out of the area.
Maybe the taxpayers of Mendcocino County should be asking themselves why this is happening ? Why did Darcie Antle allow this to happen? Interesting. Isn’t she the County CEO ? Odd
Take a look at Darcie Antle’s Linked In profile: “ ABOUT: Experienced Restaurant Owner with a demonstrated history of working in the wine and spirits industry. Skilled in Wineries, Food & Beverage, Retail, Customer Satisfaction, and Hospitality Industry. Strong operations professional with a Master of Science (MS) focused in Health Services Administration from St. Mary’s College of California.”
Clearly a highly qualified government executive.
Maybe the taxpayers should look at her Salary and her past employment history also. It might be enlightening!!! It’s quite interesting!! County CEO !!! It’s a very lucrative position for a county that’s having financial issues. It’s all available at Transparent California. Her pay and benefits are quite shocking for a “public servant”.
Good lord. She was Carmel’s buddy. Carmel bought wine and said get your medical degree and I’ll put you under me. She did. Closed the wine bar and has been a Mendocino County Manger ever since. She was trained to cover Carmel’s butt. Still is to this day. No one is thete to cover he’s now. The cronisum has reached peak levels and is now crumbling. Huge issue is no one at Mendocino Government or Dupervisors is able to acknowledge the issues and failure of function. Collect your pay, smile n wave lalala it’s another sunshiney day!!!!
Cubbison is a terrible leader. She’s the worst elected official in the county.
She couldn’t get a budget in even years late. She still leans on her old boss because she doesn’t know how to do her job. She wanted to commandeer the deputy CEO Sara Pierce, who actually did a good job as her replacement while she faced prosecution, because Pierce was actually capable but nobody in their right mind would take the job. The board turned her down because only losers would try to poach someone who has another good job in another department. She advised the board that they should steal money from Locatelli in probation -while he was out of town- and give it to the sheriff’s budget. Locatelli had to address that bad idea as being illegal at the next meeting. She should never have been elected. She’s completely unqualified and totally incompetent.
The remedy for that, if true, is to elect somebody else.
When local elections for local posts are treated like high school popularity contests for prettiest hair styles the county suffers. We have an incompetent drip like Cubbison because that’s exactly how our elections are conducted. Anyone can see I’m correct by watching the BoS meetings and hearing how her supporters ignore facts and blame the board and the judge for her problems. She can’t do her job and was helping a salaried employee who is not entitled to extra pay get secret money. Chamise can’t get a budget in on time and has endless excuses. Her temporary replacement got a budget in on time. End of story. Chamise is a wad of old gum stuck under a desk that should not be chewed but her friends keep chomping and blowing bubbles with her. It’s bad.
Wow. Pretty funny to say her supporters are blaming the judge who tossed the criminal case for Cubbison’s troubles. Maybe you should have attended the hearings like I did. The DA’s case was unsupported by the evidence and tainted by lousy investigative procedures and the county’s failure to produce obviously relevant evidence.
I’m not a Cubbison supporter. I’m just a lawyer who doesn’t like prosecutions motivated by a DA’s pique when an auditor has the temerity to question his spending public funds on a Christmas party. If she’s as incompetent as you believe run a better candidate.
This might pass the laugh test if a jury trial was involved, but given that it will be before a judge only, the county attorney’s assertions are outrageous and defamatory. Moreover, if they don’t like Judge Moorman they can exercise a peremptory challenge and have it assigned to another judge. Moving the whole proceeding to Marin makes no sense.
This all started because Eyster got called out and his feelers got hurt. There is and was no case against the acting auditor.