IRVINE : Motion to Dismiss Gaido Lawsuit Fails

An Orange County Superior Court judge on Thursday denied a motion to dismiss a lawsuit by Mary Ann Gaido, who claims that she should be seated immediately on the City Council as the third-highest vote-getter in the June council race.

In the lawsuit, Gaido’s attorneys argue that she should fill the unexpired term of Mayor Sally Anne Sheridan. Sheridan’s former council seat has been vacant since she took office July 20 as mayor.

Gaido’s suit is based on a series of complicated city election laws stemming from a 1988 voter initiative known as Measure D.

City Atty. John L. Fellows sought to have the suit dismissed, claiming that Gaido’s attorneys, Stephen Coontz and Franklin J. Lunding, have a conflict of interest in the case, according to the state bar’s Rules of Professional Conduct.

Fellows said the conflict arises because Coontz and Lunding were hired by the City Council in May to review the same election laws now contested in the suit, and they may have received confidential information in the process.

Coontz argued that all information discussed between himself and the city attorney was made public at subsequent City Council meetings and therefore was not confidential.

Although Superior Court Judge Eileen Moore refused to dismiss the suit, which is scheduled for an Aug. 31 hearing, she issued a tentative finding that Coontz and Lunding have a conflict of interest in representing Gaido because of their previous work for the city.

“The matters you represented for the city are substantially the same as those in Mrs. Gaido’s petition . . . and it appears confidential information could have been passed along,” Moore told Coontz and Lunding.

However, Moore did not dismiss the attorneys from the case, saying she would hear the matter again Tuesday.

Following the ruling, Gaido said that she has hired a third attorney, Christopher Mears of Irvine, to work on the case separately from Coontz and Lunding. Mears was active in former Mayor Larry Agran’s reelection campaign.

Moore asked attorneys on both sides to provide more information regarding two conflicting City Council votes--one from July 17 that ended the city’s contract with Coontz and Lunding and waived any potential conflict of interest with the council, and one from July 24 that declared a conflict exists.

The first vote was taken at an emergency meeting called by then-outgoing mayor Agran; the second vote was taken at the initial meeting of the current, Sheridan-led council.

The Sheridan-led council on July 24 also declared a special election in November for the seat that Gaido seeks in the lawsuit, based on a provision in the city’s election laws. Gaido, however, did not file papers for that election by the Aug. 10 deadline, saying she was confident of winning her suit.

Gaido, who ran on a slate with Agran and defeated incumbent Councilman Cameron Cosgrove, garnered 11,092 votes behind councilmen William A. (Art) Bloomer and Barry J. Hammond.

Gaido’s suit is scheduled to be heard on the same day as the Orange County registrar of voters’ printing deadline for the November ballot. The outcome of the suit could determine whether the special election for Sheridan’s vacant council seat appears on the ballot.