Santa Ana : Attorney Hired by City May Face Sanctions
A judge has ordered a hearing on possible sanctions against James J. Clancy, the lawyer hired by the city in its 10-year-old attempt to close the adults-only Mitchell Bros. Theatre.
Superior Court Commissioner Jane D. Myers, acting on her own motion, ordered Clancy to appear Sept. 17 to explain why sanctions should not be imposed for filing a “frivolous action.”
Last week, Clancy filed his 35th weekly lawsuit seeking to shut down the theater, which city officials contend shows pornographic films and should be closed as a nuisance.
But he failed to file sworn declarations that must accompany such a lawsuit.
Myers, who has heard the majority of Clancy’s weekly cases, cited state law which allows monetary fines against attorneys who file cases which are “totally and completely without merit for the sole purpose of harassing an opposing party.”
Clancy, in an interview, said his failure to file the proper papers was an oversight.
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