Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

City attorney slickness no match for First Amendment

Contents of Trowbridge's computer still protected by privacy

Jan Goldsmith
Jan Goldsmith

A last ditch effort by the Tourism Marketing District to get a lawsuit dismissed for a lack of standing looks as if it will be shot down in court, further jeopardizing hundreds of millions of dollars in hotel taxes for use by the Tourism Marketing District Corporation, whose boardmembers include San Diego's wealthiest and largest hotel owners.

In a tentative ruling, judge Joel Wohlfeil rejected the district's request to confiscate and search now-deceased activist Ian Trowbridge's iMac computer; it is alleged by the defendants that one of San Diegans for Open Government's membership forms may have been doctored using his machine.

Trowbridge's partner Dell Cunamay is now in possession of the computer. Cunamay, however, is not a member of San Diegans for Open Government, nor is he a party to the lawsuit challenging the legality of a hotel tax without a two-thirds public vote, as required by the California Constitution.

Wohlfeil stated that although challenging the membership is "relevant,” it does not outweigh First Amendment rights.

Sponsored
Sponsored

"In view of Mr. Cunamay's privacy objection, the Court considers a balancing approach to the requested discovery to be appropriate," reads Wohlfeil's ruling. "The Court finds that, though [Tourism Marketing District] Corp's requested discovery seeks relevant information, [Tourism Marketing District] Corp's need for the information is outweighed by Mr. Cunamay's right to privacy."

Wohlfeil cited San Diegans for Open Government attorney Cory Briggs’s argument against turning over the computer.

"As reflected in [San Diegans for Open Government's] opposing papers…'The item [that the tourism group] seeks to compel Mr. Cunamay to produce is not discoverable because it is protected by a constitutional right to privacy…. Information that is non-privileged but otherwise relevant may be protected from disclosure where disclosure would violate a person's 'inalienable right to privacy' protected by the California Constitution.

As Ian Trowbridge's survivor, Mr. Cunamay enjoys the same constitutional protections and privacy rights in the computer as Mr.Trowbridge possessed during his life. Accordingly, the computer and its contents are protected by Mr. Cunamay's constitutional right to privacy and the motion should be denied in its entirety."

In recent weeks, privileged testimony provided during a closed-session deposition of Cory Briggs's spouse, Sarichia Cacciatore, was leaked to inewsource. The confidential testimony revealed that Cacciatore served as an environmental consultant for city contractor, Helix Environmental. Cacciatore, it was found, played a minor role in drafting at least one environmental impact report that Briggs later sued over. Cacciatore is also listed as vice president of Briggs's law firm.

On the day of the inewsource report, city attorney Jan Goldsmith filed a request to get the leaked transcript released. According to a statement by Goldsmith's spokesperson (and former U-T reporter) Gerry Braun, releasing the transcript was needed in order to fulfill a public records request made by inewsource reporters just two days before.

Briggs, through attorney Marco Gonzalez, voluntarily released the testimony to the news organization and to Goldsmith. According to a subsequent report, executives from Helix Environmental admitted that they were aware of Briggs and Cacciatore's relationship and were assured that she had no role in the law firm.

The ruling now leaves attorneys for the Tourism Marketing District to defend the actual merits of the hotel tax.

Attorneys for the Tourism Marketing District will have an opportunity to address Wohfeil's ruling on Friday, March 13, before it is made final.

The latest copy of the Reader

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

San Diego Reader 2024 Holiday Guide – like none other

Candle-making, tree lighting, pajama jam
Jan Goldsmith
Jan Goldsmith

A last ditch effort by the Tourism Marketing District to get a lawsuit dismissed for a lack of standing looks as if it will be shot down in court, further jeopardizing hundreds of millions of dollars in hotel taxes for use by the Tourism Marketing District Corporation, whose boardmembers include San Diego's wealthiest and largest hotel owners.

In a tentative ruling, judge Joel Wohlfeil rejected the district's request to confiscate and search now-deceased activist Ian Trowbridge's iMac computer; it is alleged by the defendants that one of San Diegans for Open Government's membership forms may have been doctored using his machine.

Trowbridge's partner Dell Cunamay is now in possession of the computer. Cunamay, however, is not a member of San Diegans for Open Government, nor is he a party to the lawsuit challenging the legality of a hotel tax without a two-thirds public vote, as required by the California Constitution.

Wohlfeil stated that although challenging the membership is "relevant,” it does not outweigh First Amendment rights.

Sponsored
Sponsored

"In view of Mr. Cunamay's privacy objection, the Court considers a balancing approach to the requested discovery to be appropriate," reads Wohlfeil's ruling. "The Court finds that, though [Tourism Marketing District] Corp's requested discovery seeks relevant information, [Tourism Marketing District] Corp's need for the information is outweighed by Mr. Cunamay's right to privacy."

Wohlfeil cited San Diegans for Open Government attorney Cory Briggs’s argument against turning over the computer.

"As reflected in [San Diegans for Open Government's] opposing papers…'The item [that the tourism group] seeks to compel Mr. Cunamay to produce is not discoverable because it is protected by a constitutional right to privacy…. Information that is non-privileged but otherwise relevant may be protected from disclosure where disclosure would violate a person's 'inalienable right to privacy' protected by the California Constitution.

As Ian Trowbridge's survivor, Mr. Cunamay enjoys the same constitutional protections and privacy rights in the computer as Mr.Trowbridge possessed during his life. Accordingly, the computer and its contents are protected by Mr. Cunamay's constitutional right to privacy and the motion should be denied in its entirety."

In recent weeks, privileged testimony provided during a closed-session deposition of Cory Briggs's spouse, Sarichia Cacciatore, was leaked to inewsource. The confidential testimony revealed that Cacciatore served as an environmental consultant for city contractor, Helix Environmental. Cacciatore, it was found, played a minor role in drafting at least one environmental impact report that Briggs later sued over. Cacciatore is also listed as vice president of Briggs's law firm.

On the day of the inewsource report, city attorney Jan Goldsmith filed a request to get the leaked transcript released. According to a statement by Goldsmith's spokesperson (and former U-T reporter) Gerry Braun, releasing the transcript was needed in order to fulfill a public records request made by inewsource reporters just two days before.

Briggs, through attorney Marco Gonzalez, voluntarily released the testimony to the news organization and to Goldsmith. According to a subsequent report, executives from Helix Environmental admitted that they were aware of Briggs and Cacciatore's relationship and were assured that she had no role in the law firm.

The ruling now leaves attorneys for the Tourism Marketing District to defend the actual merits of the hotel tax.

Attorneys for the Tourism Marketing District will have an opportunity to address Wohfeil's ruling on Friday, March 13, before it is made final.

Comments
Sponsored

The latest copy of the Reader

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Pedicab drivers in downtown San Diego miss the music

New rules have led to 50% drop in business
Next Article

Birdwatching bonanza, earliest sunset of the year, bulb planting time

Venus shines its brightest
Comments
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.

This Week’s Reader This Week’s Reader