Santa Ana Told to Pay Mitchell Brothers’ Fees

A Superior Court judge Wednesday ordered the City of Santa Ana to pay more than $50,000 to the Mitchell Brothers Theatre as a reimbursement for legal costs that the X-rated cinema paid to successfully defend its right to do business.

The stiff legal tab covers costs in just one of dozens of lawsuits the city has filed over the last 11 years in its continuing crusade to shut down the theater. The theater was awarded attorney fees in another case, but a hearing to determine the exact amount is still pending.

In Wednesday’s decision, Orange County Superior Court Judge Claude M. Owens brushed aside arguments from James J. Clancy, the city’s private lawyer, and ordered payments of $50,210 to seven lawyers who have represented Mitchell Brothers. The theater owners had requested $123,902.53.

Clancy argued that forcing the city to pay defense costs as well as for the prosecution would discourage the city’s efforts.

“In fact,” Owens wrote, “the opposite is the case.

“For the past 10 years (Santa Ana) and its attorney have not been discouraged from suing (Mitchell Brothers) to close the theater despite the unbroken string of adverse rulings by all courts that have ruled on (Clancy’s) suits over those years,” the judge added.

Mayor Dan Young said Wednesday night that he is “discouraged” by the judge’s ruling, and he said the City Council at its next meeting will decide whether to appeal it.

“One of the things we will have to consider is whether this decision indicates what the future holds for us in our litigation,” said Young. But he added that the city so far remains firm in its determination to try to oust Mitchell Brothers Theatre, “to litigate this abuse out of the city.”

Young added: “The citizens want it, and this has been the continuing policy of the city. We (on the City Council) will listen to the advice of our counsel, but the long-term policy has been to continue litigation.”

Last year, the City Council voted to make $300,000 in public funds available to continue Clancy’s closure efforts.

In finding in favor of the Mitchell Brothers last year, Owens denied city requests for various forms of relief, including closure and revocation of the business license.

Mitchell Brothers attorney Tom Steel said he was “pleased” with Wednesday’s decision and said the fact that he didn’t get the entire amount requested is “not uncommon” in attorney fee hearings.

Clancy could not be reached for comment Wednesday. However, Steel said he is unfazed by Clancy’s earlier pledge to appeal any decision on attorney fees.

“I would give you 10-1 odds that we will collect this and the rest of the attorney’s fees awards,” Steel said, estimating that an appeal might take as long as a year. “The legal basis for these decisions is very strong, and they’re seldom reversed on appeal. I would go so far as to say that there’s no way in the world these are going to be reversed. I know that anything can happen, particularly when you represent the Mitchell Brothers, but I think this award is going to stand.”

The theater was also awarded attorney fees in a fourth case before Superior Court Judge Robert J. Polis, and a hearing to determine the exact amount has yet to be held in that case. Steel has requested $328,000 in that case.

Polis said Wednesday that it will be at least three weeks before he can clear a spot on his calendar for the case.