LAGUNA NIGUEL : Recall Figure Files Defamation Claim

A Laguna Niguel man who spearheaded an unsuccessful recall campaign against four City Council members has charged that he was defamed in flyers distributed to counteract the recall drive and has filed a $10-million claim against the city.

Eddie Rose submitted the claim to the city Monday afternoon along with a copy of a flyer distributed in shopping centers during the final weeks of the recall effort.

The flyer characterized Rose as “a man obsessed” who had continually criticized council members since losing a 1989 bid for a council seat. It also linked Rose to “outside interests” and charged that he refused to file campaign disclosure forms.

In a press release, Rose said the statements on the flyer are “false, malicious and defamatory.”

The city was not involved in printing or distributing the flyers, City Clerk Juanita Zarilla said Tuesday. Councilman Thomas W. Wilson said the flyers were prepared by a group of residents who favored cityhood and supported the council when the recall threat loomed.

“It’s just a little exasperating, sometimes irritating, that Eddie has to be focusing on the negative so much,” Wilson said. “You just don’t get any rest.”

Mayor Patricia C. Bates said the flyers were simply “political information sheets.”

“I think Eddie has been rebuked by the constituents twice--his own election and the recall election--and this is just another ploy to keep his name in front of the voters,” she said. “He is again costing the taxpayers money with his personal negative campaign.”

Rose took issue with the fact that the names and identification numbers of Bates, Wilson and Councilmen James F. Krembas and Larry A. Porter were typed on the flyer. Rose said he sent certified letters to the four council members and their campaign officers asking them to stop distributing the flyers and asking the council members to issue a public retraction.

“They have done nothing to divorce themselves from this flyer,” Rose said Tuesday.

The four council members were targeted for recall when they did not approve or put to a vote a controversial ridgeline protection ordinance endorsed by more than 4,000 voters in a petition drive.

The recall campaign died in March when supporters failed to gather the required 5,000 valid signatures by the deadline. In April, a recall attempt against Councilman Paul M. Christiansen failed for the same reason.

Zarilla said she will submit Rose’s claim to the city’s insurance company. Rose said he will file a lawsuit against the city and the four council members if his claim is rejected.