Update from our 11/24/10 Post on Crews v. City of Willows.
In our November 24, 2010 post, we discussed Crews v. City of Willows, a Third District decision which affirmed a rejection of newspaperman Tim Crews’ attempt to obtain attorney’s fees against the City of Willows under a California Publics Record Act proceeding. Mr. Crews claimed that the City was not producing (or was too slow in producing) requested public documents, but both the lower and intermediate appellate courts determined that he had “jumped the gun” given that the City was producing documents on a rolling basis. Now, we have an update for you readers.
Recently, Glenn County Superior Court Judge Peter Twede ruled that Mr. Crews’ suit was frivolous, which allows the lower court to impose fees and court costs against the litigant seeking public records disclosure. That is what Judge Twede did, awarding more than $56,000 in fees and court costs against Mr. Crews and in favor of the City. (This is a risk that a litigant faces when the fee-shifting statute is mutual and allows fees to the “prevailing party,” no matter whether prosecuting or defending a suit/proceeding. See photograph below.)
Earlier, Mr. Crews was awarded more than $100,000 in court costs in a similar disclosure proceeding against the Glenn County Office of Education. Interestingly enough, Mr. Crews claimed that he was a pauper in his opposition to the City of Willows’ recent fees/costs motion, a claim that Judge Twede disregarded because it was extremely self-serving in nature. Looks like we will be reporting on this some more, because Mr. Crews’ most recent attorney is planning to appeal the recent fee award to the Third District. For more on this story, see Tom Gascoyne’s September 15, 2011 article at newsreview.com.
Above: “Boomerang throwing is hobby of Secretary of Agriculture. Washington, D.C., July 13. Favorite exercise and hobby of Secretary of Agriculture Henry A. Wallace is boomerang throwing. He practices daily with a number of his cronies in Potomac Park and has become quite adept in the handling of the weapon which was originated by the Australian Aborigines.” July 13, 1939. Library of Congress.