Dispute Over Civil Suit : Hedgecock’s Lawyers Want D.A. to Pay Fees

Lawyers representing the Roger Hedgecock for Mayor Committee argued in court Thursday that the San Diego County district attorney’s office owed the mayor and his campaign more than $38,000 in legal fees because the D.A. filed a lawsuit against the committee, then dropped the suit.

Peter L. Garchie, John M. Seitman and John Wertz told Superior Court Judge Alfred Lord that their clients are entitled to the fees based on a section of the state Government Code that states the prevailing party in a civil suit may collect attorney’s fees from the losing party.

However, the district attorney’s office argued that there was no prevailing party because the D.A. had dropped the case.

“Voluntary dismissal does not mean that they were the prevailing party,” said Deputy Dist. Atty. Anthony Samson. It would have taken a dismissal by a judge or jury before the committee could have been declared the prevailing party, he said.

The dispute stems from a civil suit, filed May 21 by the district attorney’s office, that alleged Hedgecock’s campaign committee “funneled” $375,000 in illegal contributions through Tom Shepard and Associates, a political consulting firm hired by Hedgecock.

The district attorney’s office on Oct. 18 filed a motion to dismiss its civil suit after a similar suit was filed by the Fair Political Practices Commission.

Several Hundred Hours

The campaign committee’s suit stated that attorneys worked several hundred hours doing research and preparing their case before the district attorney’s office decided to drop the case.

The firm of Oliver, Sullivan, Cummins & Wertz, which represented Hedgecock and his campaign committee, said in its suit for fees that its attorneys worked 290 hours at a rate of $50 to $100 per hour before the case was dismissed.

Altogether the three firms that did legal work for Hedgecock’s committee are owed $38,694. The other two firms are: Page, Tucker & Brooks and Ellsworth, Corbett, Seitman & McLeod.

Samson said, however, that the attorneys’ fees charged to the Hedgecock committee were too high and he did not feel that the district attorney’s office should have to pay those high rates.

But Peter Garchie, an attorney representing Tom Shepard and Associates, disagreed. The attorneys for the Hedgecock committee must be paid, he said. And because the campaign committee was the prevailing party, the district attorney’s office should pay the bill, he argued.

Could Set Precedent

“We don’t think it would be fair for people to file complaints and force other people to incur attorney’s fees, then dismiss the case,” Garchie said.

He said after the hearing that the case is important because it could set a precedent for private citizens who are forced to incur attorney’s fees to defend themselves.

“In certain situations, it could cause the financial ruin of people,” Garchie said.

Samson said that he does not believe this case would set any precedent.

Judge Lord said he would rule on the case within the next several day.

The district attorney’s office is currently prosecuting a criminal case against Hedgecock. The mayor and three of his closest political backers were indicted Sept. 19 on 15 counts of perjury and conspiracy involving campaign financing laws.