Former Morgan Hill resident Bruce Tichinin settled a
long-simmering lawsuit with the city of Morgan Hill for $200,000
Wednesday, with both parties agreeing the city is not liable for
damaging the attorney’s reputation.
Former Morgan Hill resident Bruce Tichinin settled a long-simmering lawsuit with the city of Morgan Hill for $200,000 Wednesday, with both parties agreeing the city is not liable for damaging the attorney’s reputation.
The city agreed to the settlement at the urging of its insurer, the ABAG Plan, city attorney Danny Wan said. The city and its counsel were prepared to go to trial in the case in which Tichinin accused the city of trying to abridge his First Amendment right to free speech.
“The city was ready to go to trial set for Sept. 19 and win,” said City Attorney Danny Wan. However, at a settlement conference mandated by the court Sept. 14, the city’s insurer offered to settle the lawsuit and Tichinin agreed.
“The insurer made a financial decision to pay $200,000 in order to avoid the cost of trial and the inevitable appeal. It put the city in a position of either accepting the settlement or going ahead with the trial against the recommendation of its insurer,” said Wan.
The case dates back to 2004, when Tichinin hired a private investigator to prove his theory that city manager Ed Tewes and City Attorney Helene Leichter were having an affair.
Tichinin believed that the alleged romantic involvement led to Tewes influencing Leichter to decide against a proposed set of homes at the base of El Toro. Tichinin was one of the applicants for the homes.
Tewes and Leichter have persistently denied having an affair, and Tichinin never reported finding any evidence supporting his theory.
Tichinin’s investigation was foiled when his private investigator attempted to spy on Tewes and Leichter at a Huntington Beach hotel during a conference there. Brian Carey, who the investigator hired to stake out Tewes, impersonated the city manager to hotel staff and ordered two cups of hot chocolate to Tewes’ room.
Tewes then became suspicious he was being followed, and before checking out of the hotel he made a loud noise in his room. He then hid in a hallway alcove and waited, assuming he would be followed. Moments later Carey walked by with a video camera. When Carey saw Tewes, he hid the camera. Tewes followed Carey to the lobby and later saw Carey watching him from a distance.
Carey later admitted to ordering the hot chocolate.
Tewes said at the time that he was shaken and distressed by what he considered to be intrusive surveillance, and he feared for his family, according to city documents.
While Tichinin initially denied any involvement in the secret investigation, he later admitted he commissioned the surveillance.
The city subsequently investigated Tichinin’s spying efforts, and the council passed a slap-on-the-wrist resolution condemning the detective work, finding it deplorable and meritless. Tichinin’s original complaint called this action by the council a retaliation, and that it was within his First Amendment right to free speech to conduct research to prove a theory for a potential lawsuit. He also said the city’s refutation of his investigation caused him personal and professional distress.
The settlement, approved by the council Wednesday following a closed session, avoids a trial as Tichinin also agreed to dismiss the lawsuit and not refile it, Wan said. Tichinin also agreed to pay his own attorney’s fees, and both parties agreed the resolution is not an admission of liability by the city. Earlier this month, Wan estimated that each party has racked up $600,000 or more in legal costs since the case started.
Tichinin did not respond to voicemail messages requesting comment.
Mayor Steve Tate said the city is glad to finally move on from the case.
“We were confident that, after hearing the facts in this case, the jury would have ruled for the city,” said Mayor Steve Tate. “But the insurer had financial reasons to settle and the judge encouraged settlement. In the end, the council followed the insurer’s recommendation and put this unfortunate incident to rest.”
The city’s insurer will cover the entire cost of the settlement.
The city paid the first $100,000 in legal expenses on the case. The city’s insurance provider will pick up the remaining costs, including the settlement.
Tichinin’s demand in his settlement statement was for $300,000 for damage to his reputation and emotional distress, plus attorney’s fees, totaling nearly $1 million, Wan said.
