Stockton Unified trustees who sued AngelAnn Flores ordered to pay $19K for her attorney fees

(2019/01/28)
Stockton Unified School District area 2 trust AngelAnn Flores speaks at an assembly that announced UOP's 6th annual San Joaquin Literacy report at Nightingale School in Stockton. [CLIFFORD OTO/THE RECORD]
(2019/01/28) Stockton Unified School District area 2 trust AngelAnn Flores speaks at an assembly that announced UOP's 6th annual San Joaquin Literacy report at Nightingale School in Stockton. [CLIFFORD OTO/THE RECORD]

Three Stockton Unified trustees who sued fellow trustee AngelAnn Flores have been ordered by a court to pay her attorney fees of $19,608.

In their lawsuit, board president Cecilia Mendez, trustees Alicia Rico and Raymond Zulueta filed a complaint against Flores for alleged defamation in the form of libel and/or slander, intrusion, public disclosure of private facts and false light as invasions of privacy additional to intentional infliction of emotional distress.

However, that July 8 lawsuit was dropped after the three requested it be dismissed two days after Flores and her attorney filed an anti-SLAPP motion, which provides First Amendment protection in some public matters.

For local stories that matter, subscribe today.

Because it was a personal lawsuit and not district-related litigation, they are personally liable for the settlement, as in responsible for covering the court-ruled attorney fees, said Clarence Chan, Flores’ attorney.

“The majority of the board, they tried to silence me and my community by abusing the legal system and suing me for speaking for what’s right,” Flores said. “Fortunately, the San Joaquin Superior Court saw through their bullying and confirmed my constitutional right to speak up in the best interest of all SUSD students, staff and parents.”

When contacted directly, Mendez, Rico and Zulueta declined to comment through Melinda Meza, director of communications for Stockton Unified.

The lawsuit does not involve Stockton Unified.

More: Restraining order reportedly filed against AngelAnn Flores

Different motions filed by all parties in the past five months concluded in Flores’ favor on Nov. 29. The Superior Court of California in San Joaquin County granted that $19,608 are to be awarded to the defendant (Flores) for attorney fees against plaintiffs (Mendez, Rico and Zulueta), as reported in the court’s minute order.

“When I heard about the results, the first thing that I thought was not about myself but more so that now the people — even the judge through a legal system — could see that want they (Mendez, Rico, Zulueta) were doing was wrong," Flores said. "I hope that that inspires people to also speak up against any bullying or retaliation that has come against them.”

According to court documents, after Mendez, Rico and Zulueta filed their complaint in July, Flores then responded on Aug. 10 and on Sept. 20 filed an anti-SLAPP motion to strike the complaint against her. Rico and Zulueta requested the entire case to be dismissed on Sept. 22.

SLAPP stands for strategic lawsuits against public participation, and they “have become an all-too-common tool for intimidating and silencing criticism through expensive, baseless legal proceedings,” according to the Reporters Committee for Freedom of the Press (RCFP).

Therefore, an anti-SLAPP motion refers to a court motion where the party who is being sued (the defendant, Flores in this case) claims the lawsuit against them was filed to intimidate and/or limit the exercise of the First Amendment, freedom of speech, in matters that are of public concern.

“The plaintiff (Mendez, Rico and Zulueta in this case) then has the burden of showing a probability that they will prevail in the suit — meaning they must show that they have evidence that could result in a favorable verdict,” the RCFP reported.

“If the plaintiff cannot meet this burden and the suit is dismissed through anti-SLAPP proceedings, many statutes allow defendants to collect attorney’s fees from the plaintiff,” per the RCFP.

"It is time for people who care about Stockton schools to join me in ridding SUSD this corruption and incompetence, and we need good and honest people serving our students and families," Flores said. "I hope that our community and voters will remember this come election time.”

The terms of board Vice President Maria Mendez and trustees Flores, Scot McBrian and Zachary Avelar’s expire in 2022.

The terms of board President Mendez and trustees Rico and Zulueta’s expire in 2024.

Record reporter Laura Diaz covers social justice and societal issues. She can be reached at ldiaz@recordnet.com or on Twitter @laurasdiaz_. Support local news, subscribe to The Stockton Record at https://www.recordnet.com/subscribenow.

This article originally appeared on The Record: Stockton Unified trustees who sued AngelAnn Flores ordered to pay $19K