The State Worker

Chronicling civil-service life for California state workers

July 8, 2011
CCPOA appeals judgment, asks to use property as collateral

The California Correctional Peace Officers Association has appealed a multimillion federal defamation lawsuit ruling to the U.S. Court of Appeals for the 9th Circuit in San Francisco, a move that has led the union to offer its West Sacramento headquarters and three other properties it owns as collateral for a multimillion judgment against it.

Lawsuit appellants normally have to post a "supersedeas bond" to cover 125 percent of the awarded amount. CCPOA's court filing says it can't because "it has insufficient liquid assets to satisfy bank requirements."

Judge Lawrence Karlton, who heard Dawe v. CUSA and lowered the $12 million awarded by a jury last fall to about $5 million, has the discretion to reset the bond amount or waive it entirely.

CCPOA says that its headquarters, the two Natomas homes it owns and the land it owns in Rancho Cucamonga are worth a total of $6.2 million. The union is offering them as security while the appeal goes forward. A hearing is scheduled for Aug. 1.

CCPOA is appealing a decision that its representatives defamed businessman Brian Dawe and his associates and damaged his livelihood. Attorney Dan Baxter, who represents Dawe, has cross-appealed Karlton's decision to reduce the award.

Click here for earlier posts about the case that include court documents and a transcript. Here's the union's request to use the property as security during the appeals process. (Hat tip to Blog User J for flagging this for The State Worker.)
CCPOA's Alternate Security Motion

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About The State Worker

Jon Ortiz The Author

Jon Ortiz launched The State Worker blog and a companion column in 2008 to cover state government from the perspective of California government employees. Every day he filters the news through a single question: "What does this mean for state workers?" Join Ortiz for updates and debate on state pay, benefits, pensions, contracts and jobs. Contact him at (916) 321-1043 and at jortiz@sacbee.com.

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