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April 6, 2009: Stutz defamation lawsuit trial against this website delayed
Stutz filed suit on Oct. 5, 07 for defamation against the author of this website
Stutz Motion to Enforce Permanent Injunction
to be heard August 7, 2009
Maura Larkins Opposition to this motion
Issue #3:  Political and
factual speech about
public figure Leslie
Devaney >>>

It appears that Plaintiff may be
trying to confuse and mislead
the court.  

[UPDATE: Plaintiff succeeded!  
O
n August 7, 2009, the judge was
focused on plaintiff's
misleading words in #3.  

"Did you say that Leslie
Devaney collaborated in
crimes?" she demanded.

either Plaintiff's own Exhibit B
or Defendant's opposition, both
of which make clear that the
site says "actions," not Clearly,
the judge did not read
"crimes."]


The statements made by
defendant
about Leslie Devaney are
simple facts: she was second in
command when the city made
deals that the SEC and FBI
investigated.  There is no
statement that Leslie Devaney is
unethical, incompetent or any
of the attributes specifically
listed as disallowed by the
injunction.  
Interestingly, Leslie Devaney
can dish it out, but she can’t
seem to take it.  Leslie
Devaney is a public figure who
ran for the office of City
Attorney of San Diego in 2004
and who continues to invite
attention and comment by
making widely-published
derogatory virtually identical to
statements this court has
identified as defamatory
(“Aguirre has engaged in
unethical legal practices…”)
(Exhibit 4, “The Collateral
Damage
of Aguirre's Furies” by Leslie
Devaney, published in Voice of
San Diego on Monday,
December 12, 2005.)  In Exhibit
6, “Aguirre’s Foes Search for a
Champion” Devaeny is
quoted as saying she may run
for office in the future.  
Devaney is trying to piggyback
on
this court’s finding that other
Stutz lawyers are not public
figures, but she is clearly a
public figure.  The court needs
to make a separate
determination about Leslie
Devaney’s
status if the court finds that
these statements are within the
purview of the injunction.
It seems that Ms. Devaney does
not understand that I have as
much right as she
does to free political speech
outside the specific limits of the
injunction.  This lawsuit has
only limited me from making
certain statements.  I still have
the right to report facts and
political opinions other than
those listed in the injunction.

NOTE:

Five individuals are being
prosecuted for felonies regarding
the actions the SEC and FBI
investigated.
Plaintiff's own exhibit B shows that Defendant's website says "actions" not "crimes."

Plaintiff’s statement on page 8 line 14 of this motion, that Defendant’s website contains
the words “friends who are still in the city attorney’s office may have collaborated in
those crimes” is false.  
See page 9 of Plaintiff’s exhibit B.  Defendant’s site says
“actions” not “crimes.”  


Political and
factual speech
about public figure
Leslie Devaney

Plaintiff may have tried to
confuse and mislead the
court in issue #3.  

If so, then Plaintiff
succeeded!  On August 7,
2009, the judge was
focused on the misleading
words in #3.  

"Did you say that Leslie
Devaney collaborated in
crimes?" the judge
demanded of Maura Larkins
on August 7, 2009.

The judge had apparently
not read either Plaintiff's
own Exhibit B or
Defendant's opposition,
both of which make clear
that the site says "actions,"
not "crimes."]

See page 7 below for full
explanation.

Five individuals are being
prosecuted for felonies
regarding the actions the
SEC and FBI investigated.
Judge Judith Hayes granted this motion on August 7, 2009
but has
yet to enter the order as of October 7, 2009
See all blog posts about this lawsuit