A Republican who unsuccessfully challenged Rep. Maxine Waters, D-Los Angeles, for her seat in November 2020 is seeking nearly $100,000 from the veteran politician and her committee for attorneys’ fees and costs related to his libel and slander lawsuit against her that was reinstated on appeal.
Plaintiff Joe E. Collins III alleged the 85-year-old congresswoman’s campaign materials and radio commercials falsely stated that the Navy veteran was dishonorably discharged. Collins said he served honorably for 13 1/2 years in the Navy, receiving decorations and commendations.
In May, a three-justice panel of the Second District Court of Appeal unanimously reversed an April 2021 ruling by now-retired Judge Yolanda Orozco. During the hearing on Waters’ motion to dismiss the case, the judge told Donna Bullock, Collins’ attorney, that the lawyer had not come close to proving actual malice.
In court papers filed Tuesday with Orozco’s replacement, Judge Serena R. Murillo, Bullock states that her client is entitled to just under $97,100 in attorneys’ fees and costs covering the original litigation and the appeals, including Waters’ unsuccessful petition for review with the state Supreme Court. A hearing on the motion is scheduled Oct. 31.
Waters’ dismissal motion before Orozco was based on the state’s anti-SLAPP — Strategic Lawsuit Against Public Participation — law, which is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights.
According to the suit, in September 2020 the Citizens for Waters campaign published a two-sided piece of literature with an “unflattering” photo of Collins that stated, “Republican candidate Joe Collins was dishonorably discharged, played politics and sued the U.S. military. He doesn’t deserve military dog tags or your support.”
The reverse side of the ad had a photo of Waters and text complimenting her for her record…
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