Wednesday, April 23, 2014

Cross-complaint against Harn and county dismissed in Dellinger civil case

From page A3 | July 01, 2013 | 4 Comments

A cross-complaint in the civil case concerning how a political consultant used money in a measure affecting Pioneer Fire District has been dismissed.

Dan Dellinger filed a cross-complaint — essentially a countersuit — against El Dorado County and county Auditor-Controller Joe Harn on Feb. 15, after a demurrer to dismiss charges against him and co-defendant Cris Alarcon was overruled, court documents stated. It basically states that Harn and the county are joint tortfeasors, meaning they share in the actions of negligence that resulted in the alleged wrongdoing and costs incurred, called equitable indemnity.

A demurrer was then filed by attorney Andrew Caulfield on behalf of Harn and the county. A tentative ruling on May 9 was given as accepting the demurrer, as Dellinger had, in Judge James R. Wagoner’s opinion, cited the correct case law for the cross-complaint but had not applied it correctly in the case. He was given 10 days to amend the cross-complaint or the demurrer to dismiss it would stand.

The same day, Dellinger requested oral arguments be heard on the matter, but on May 10, requested the hearing be vacated and withdrew his request.

“Dellinger,” Wagoner’s opinion on the tentative ruling from May 13 reads, “does not and cannot allege an appropriate basis for equitable indemnity and the demurrer is sustained.”

The cross-complaint also cites public policy, in that Harn and the county’s logic mirrors logic used in “Alice in Wonderland” by Tweedledee. “Contrariwise … if it was so, it might be; and if it were so, it would be; but it isn’t, it ain’t. That’s logic,” Lewis Carroll’s novel reads.

Wagoner wrote there were only two logical outcomes to the lawsuit: Dellinger is found to have obtained the money in question illegally, “therefore public policy prohibits indemnity to fund such illegal conduct,” or he obtained the money legally and there is “no need to indemnify. In either case, there is no duty or even ability for the County and Harn to indemnify Dellinger.” Thus, it is not equitable indemnity, as it only goes one way.

Also cited are the government code for immunity and declaratory relief. The demurrer by Caulfield would be granted as the declaratory relief cause of action and it was found Harn and the county fall under the immunity code.

Dellinger did not amend the cross-complaint in the 10 days given. On June 4, Wagoner, Caulfield and defense attorney Robert Laurie, signed the order to dismiss the cross-complaint per the demurrer. It was dismissed with prejudice, meaning Dellinger could not file a cross-complaint for the same reason again. All parties were to bear their own costs and fees.

Dan Dellinger Consultants was contracted by the Pioneer Fire Protection District in “qualifying and then providing information on” the measure, a press release from Dellinger stated. The measure passed last November with almost 80 percent of the vote. The press release noted that the DA alleged “that Dellinger violated statutory restrictions regarding the expenditure of public funds for advocating for a ballot measure as opposed to simply providing neutral information.”


Discussion | 4 comments

  • Walking TallJuly 01, 2013 - 5:53 am

    Another cog in the wheel has been set, the three blind mice will be held to answer these charges, Ray is the kingpin and directed the theft of tax payers money. Chris, Dan and Ray used this illegal tax to take the public's money and trust in them to provide a service to which Ray directly benefited. Dan then tried in vein to bill the county for money that he Chris and Ray thought the county would pay. Great thing that Joe Harn questioned the bill and refused to pay, Chris, Dan and Ray took the public's faith and created this illegal tax for Ray's campaign fund. The money went directly into Ray's pocket and left Dan unpaid so he tried to visit the county's bank for additional money. But Joe was way ahead of the three and refused payment, then Calfire billed everyone for the same fire protection and "we the people" loose once again. The consulting firm that Chris, Dan and Ray created is in place to undermine the system and put into office those that would control the BOS vote on issues that Ray would benefit from. This system of GOB's would and has stolen money in the form of grants and benefited Ray. Iinturn those developers that Ray had the BOS vote to aprove projects, benefited Ray as the devolopers gave to Ray's campaign fund. All of this has directly benefited Ray over the past 15 years and was done by "The Three Blind Mice". Now that Dan will be held to answer maybe we will see just how far reaching these three have gone. Let's hope that Dan wises up and tells all to save himself from the fate that awates all three. Good job Joe....

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  • Terry martinelliJuly 01, 2013 - 7:09 am

    Your an idiot, how is a tax that passes by almost 80% (a landslide FYI) illegal? All of that money goes directly to the fire department not to Ray...and if you had a clue you would know that like cal fire the folks at pioneer are not super fond of Mr. Nutting. You anti government crying babies should keep the FD out of the discussion. The issue is between Dellinger and the County! I love how people get on here and rant with no clue of the facts really shows how uninformed and uneducated some of you are.

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  • agent provocateurJuly 01, 2013 - 10:20 am

    What is sad is that this Dellinger character runs campaigns against Vern Pierson types. Vern Pierson is turning a blind eye to Judge James Wagoner who was found guilty of obstruction of justice on several occasions by the California Commission on Judicial Performance. Just google cjp and wagoner. So the implication is that Vern Pierson has a Judge in his pocket who will destroy any citizen who is engaging in criticism of Pierson and other cronies. Pierson himself cannot deny that people, who by misfortune of fate called police to report crime, were shocked when the victims discovered Vern was their to fix felonies of those he favored through whatever form of influence the perpetrator was able to forge. Vern Pierson cannot deny that crime victims outraged over the grievance allowing friends of his to commit crimes escalated to assaulting and even murdering people who thought the federal court would prevent Vern Pierson selective enforcement and favoritism. Several cases prove that Vern Pierson will allow crime victims who sued him in order to force him to stop favoring violent mentally ill criminals, some now serving life prison for murdering complainants, thus, ending law suits against Vern Pierson. Mountain Democrat is fully aware of the murdered plaintiff that sued Vern Pierson, and Pierson was in charge of the D.A. office who could prosecute the murderer when it was only assaults, vandalism or trespassing. But then that wouldn't end the law suits against Pierson. Pierson will abuse his power and murder complainants by "proxy." This is a fact! "Murder by Proxy," is now shown in a movie where victims of violent carnage of postal employees who survived, blame supervisors for "arbitrary abuse of power." Actual victims and postal employees, not condoning the carnage, but citing that officials would violate the rights of employees and intimidate them hoping they would quit. Most were whistle blowers who were ignored by the proper venues where "redress of grievance" is fabricated. A recent case, Macias v. Sonoma County Sheriff Mike Ihde 9th cir. reveals this "arbitrary denial of equal police protection" violates the 14th amendment and is the "cause of murder." Therefore, very wicked and disgusting officials can recognize this, create arbitrary frustration and be the trigger man, "causing the murder" of innocent crime victims because they object to abuse of power, which could trigger an outside investigation. However, we see that not even Vern Pierson's ability to use his denial powers to stage violence or murder does not trigger any investigation. The article proves that corruption may be present. Instead of alleging facts to show that defendants in the cross complaint were not liable, they say that defendants are "immune." This means that if they are guilty or liable, the Eleventh Amendment of the Constitution allows them to continue in office, even though they are corrupt! Also, Wagoner, guilty of felonies himself, argues that because Dellinger might be guilty of something, therefore, because of that, he doesn't deserve to win. This is the post hoc ergo propter hoc fallacy, and it will sufficiently create schadenfreude in the dark ignorant hearts of supporters of El Dorado County arbitrary government to support and applaud sending Dellinger to the hangtown gallows, innocent or not. The fact is, Nutting was warned about the previous murder and other cases where Pierson staged and setup the fixing and denial of 14th amendment equal protection that excused, witnessed and video taped assaults, vandalism, restraining order violations, and that led up to the murder of someone suing Vern Pierson. These are tactics from the Dark Ages, and Placerville and those who support this by silence seemingly are proud of their willful ignorance that keeps them equivalent to Dark Age supporters of public inquisitions. This is now published history in the court of Appeals and District courts! The evidence speaks for itself, and more devastating is the silence of a cowardly population living in Placerville and El Dorado County, possibly the most corrupt openly non hid corrupt county in the United States.

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  • Walking TallJuly 01, 2013 - 3:49 pm

    Really then what was the set up money that went directly to Ray for, and how is it an illegal tax well ask the DA and we all post here to get you Ray to speak your involvemnet and the the DA will hand you your hat and coat as have the citizens of this fine County that you do not represent any longer..Do your homework and reread the Grand Jury Report and the charging sheet Ray and then look in the mirror to find out who did this to you RAY.

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