Edward

FACTS

As explained more fully in Edward v. Ellis (2021) 72 Cal.App.5th 780, Dana Point Taxpayers Association (DPTA) is a political action committee that supported certain candidates in the 2018 Dana Point city council election. DPTA hired political consultant David Ellis to manage its campaign; Ellis concluded the best way to win was to run a negative campaign.

1 All further undesignated statutory references are to this code.

2 Ellis designed two campaign mailers suggesting that local real estate developer Sanford Edward supported and controlled the opposing candidates. The mailers also arguably insinuated Edward had been found liable for fraud and had paid damages to the City of Dana Point (the City) in a 2016 lawsuit and was now plotting to 2 take over the city council so he could recover that money from the City. Those insinuations were false. According to a 2017 settlement agreement between the City and Edward resolving the 2016 lawsuit, Edward paid nothing to the City on its fraud cause of action, and the City expressly withdrew and rescinded that claim. Edward believed the mailers falsely suggested he had been found liable for fraud and paid damages to the City, and he…