Police union tells appeals court that mayor’s lawsuit is a political attack

Costa Mesa’s police union, facing a lawsuit from the mayor, fired an opening salvo in California’s appeals court Friday, calling the litigation “a strategic political attack” that influenced a recent election.

The union is appealing a May decision by an Orange County Superior Court judge who disagreed with that argument and declined to strike down the suit.

Mayor Jim Righeimer and allied Mayor Pro Tem Steve Mensinger have been locked in a legal fight with the Costa Mesa Police Assn. since 2013.

The two councilmen filed a civil suit in August that year accusing the union of conspiring with a law firm and private investigator to illegally track Mensinger by GPS and call in a false police report against Righeimer identifying him as a possible drunk driver in 2012.

CMPA officials have said they had no knowledge of a plot against the councilmen and fired the law firm soon after news broke about the DUI stop, which cleared Righeimer of any impairment.

The association’s former law firm — Lackie, Dammeier, McGill & Ethir — and private investigator Chris Lanzillo are also named in the lawsuit.

A lawyer representing Lanzillo and the firm filed his own opening brief last week but was unavailable for comment Monday.

The association’s brief accuses Righeimer and Mensinger of using the litigation as a political tool — one that helped them in a tight City Council race this month, according to the CMPA’s attorney, Sy Everett.

“The only reasons to sue the CMPA were to drain the CMPA campaign resources and intimidate Costa Mesa’s police officers from voicing their opinion to vote against Righeimer,” Everett said. “Unfortunately, Righeimer’s victory by a mere 47 votes demonstrates that their strategy worked.”

Righeimer defeated challenger Jay Humphrey to retain his council seat.

The CMPA spent about $6,000 campaigning for Humphrey this election cycle, according to political expenditure reports.

Everett argues that the councilmen’s litigation amounts to a SLAPP — strategic lawsuit against public participation — designed to muzzle the police association.

“Righeimer and Mensinger could have chosen to sue the law firm and private investigator without suing the CMPA,” Everett said. “The CMPA never directed the law firm or private investigator, and Righeimer’s and Mensinger’s attorneys have conceded that they have no evidence that the CMPA did so.”

Lawyers representing Righeimer and Mensinger said they will file their response in a couple of months but declined to answer further questions.