‘This case is done.’ Former Fresno Unified trustee beats trade lawsuit

A Fresno County Superior Court judge has ruled in favor of former Fresno Unified trustee Brooke Ashjian in a lawsuit over the trade name, “Fresno Watchdogs for Ethical Bidding.”

Ashjian was among those sued by lawyer Ken Mackie in 2017, alleging misappropriation of a trade name. Mackie, who has been a critic of Ashjian, alleged in his lawsuit that he also represented a group sharing the same name and he wanted Ashjian to stop using it.

Judge Kimberly Gaab did not agree. Gaab issued a summary judgment on Monday in favor of defendants Ashjian and Monson Lee. In her ruling, Gaab said Mackie could not prove that Ashjian’s use of the name caused him any harm.

“Plaintiff has admitted that it suffered no economic, pecuniary or other actual harm as a result of defendants’ alleged misappropriation of its trade name,” Gaab wrote in her ruling.

Ashjian’s attorney Andrew Slater was thankful the litigation was over. “This guy has been harassing him for years,” Slater said. “This case is done.”

Mackie, who could not be reached for comment, has tangled with Ashjian before.

Last July, he sued Ashjian alleging the then-FUSD trustee should be required to pay the district damages for failing to disclose his interests in local construction companies.

Mackie claimed that Ashjian forced the district to spend millions on rebidding contracts.

Ashjian is owner of a paving company called Seal Rite.

The lawsuit was filed by Fresno Watchdogs for Ethical Bidding, an organization whose members Mackie has declined to identify.

Ashjian was elected to the FUSD board to represent the Bullard High area in 2014, before becoming board president in 2016. He announced in April 2018 that he would not seek reelection.

This story was originally published June 4, 2019 at 6:10 PM.