Valerie Escalante Troesh, partner at Civica Law Group, APC recently led the City of Chino and City of Chino employee defendants to victory in the Court of Appeal in the contentious tort lawsuit Barth v. City of Chino, et al.*
The tort lawsuit originated from a series of critical events involving Mr. Robin Barth. Barth had been found to be illegally operating his concrete batch plant, First Choice Ready Mix, within an open-space natural and flood zone in the City of Chino in violation of City zoning laws, business licensing laws, and other laws enacted to protect the community. This led to the City engaging in code enforcement against Barth to ensure compliance and halting of the related nuisance conditions posed to the surrounding areas, including a nuisance abatement action when administrative means went ignored by Barth.
The situation escalated when Barth threatened a code enforcement officer when he was inspecting the property from the public right-of-way and engaged in a vehicle pursuit of the officer. The code enforcement officer called 911 and escaped to the Chino Police Department to report the incident. Chino Police then investigated the incident, leading to Barth’s arrest. In retaliation, Barth sued the City, the code enforcement officer, and the investigating/arresting police officer for $25,000,000 in damages for false arrest, intentional emotional distress, and negligent infliction of emotional distress, the substance of Barth v. Chino, et al.
Escalante Troesh, defending the City and its officers, proved the meritless nature of the lawsuit to the Court via an Anti-SLAPP Motion, securing a resounding victory. Not only did the City of Chino defeat Barth’s lawsuit, but it also obtained an award of the City’s attorney’s fees spent defending against his claims, protecting taxpayer dollars.
“Lauren Brown’s detail and efficiency in drafting the papers, accompanied by a comprehensive chart outlining the fees and costs incurred, provided the clarity the court sought,” Escalante Troesh shares. “Lauren McElroy ensured no hiccup with the Court’s receipt of the filings. Their hard work resulted in the Court granting the City’s fees and costs for our successful defense on the appeals.”
“We knew that the Anti-SLAPP statute would shield them given the lawsuit targeted their protected speech and activities,” said Escalante Troesh. “We also knew the lawsuit had no merit, which we proved to the Court in the Anti-SLAPP Motion, as required by law.”
However, the victory doesn’t stop there. Barth appealed the Anti-SLAPP victory and the award to the City of its costs and fees to the Court of Appeal. Escalante Troesh defended the City’s wins before the Fourth Division of the Court of Appeal and additionally secured the City’s recovery of its fees and costs on the successful defense of the Anti-SLAPP wins too. The California Supreme Court next denied Barth’s petition for review, marking another significant achievement for the Civica Law Group and the City of Chino.
Escalante Troesh proudly recognizes the immense contribution of Attorney Lauren Brown and Paralegal Lauren McElroy in the defense of the City and employees, especially in securing a cost recovery for the City and its taxpayers for this meritless suit. Brown meticulously drafted the cost recovery papers, detailing the significant efforts of the City throughout the two appeals, while McElroy managed the filings, ensuring seamless communication with the Court and opposing counsel.
“Lauren Brown’s detail and efficiency in drafting the papers, accompanied by a comprehensive chart outlining the fees and costs incurred, provided the clarity the court sought,” Escalante Troesh shares. “Lauren McElroy ensured no hiccup with the Court’s receipt of the filings. Their hard work resulted in the Court granting the City’s fees and costs for our successful defense on the appeals.”
Their combined efforts resulted in a near complete cost recovery for the City, with the Court only slightly reducing the awarded costs – a fairly routine occurrence.
The victory in the Barth v. City of Chino et al. case is a testament to the power of teamwork, collective intelligence, and dedication in the face of public adversity. “This victory should be celebrated as much for the justice it serves as for the testament it provides to the power of effective and efficient collaboration and dedication,” concludes Escalante Troesh.
This triumph sets a strong precedent for future challenges, proving that with tenacity, skill, and an unyielding pursuit of justice, those who aim to exploit the system for personal gain will not prevail.
*This was a multi-year lawsuit handled by Escalante Troesh, Brown, and McElroy both while at their prior firm and currently with Civica Law.
With over 75 collective years of experience, Civica Law has helped cities and counties abate thousands of dangerous and substandard properties, improve housing conditions, and effectively deal with a wide range of quality-of-life issues, from homeless encampments to cannabis, drug, and gang dens to illegal gambling (or tap-tap) facilities, illegal business operations, human trafficking and massage, land use, and zoning, and virtually every other conceivable quality of life and safety issue a public agency may face.
