Did Fresno City Councilmember try to dodge process server in David Fansler case?
Fresno City Councilmember Miguel Arias is fighting a claim that he tried to dodge a process server in the high-profile civil lawsuit filed by restaurateur David Fansler.
Arias said the process server came to City Hall on Feb. 18 and dropped off the summons with someone who was not a member of his staff and not authorized to receive it on his behalf.
“The question is have I been served, and the answer is no,” Arias said Friday. “If they would have called me, I would have gone down and picked up the package.”
Fansler, the owner of Pismo’s Coastal Grill, Westwoods BBQ & Spice Co. and Yosemite Ranch, sued the city in December for allegedly targeting him for “unequal and selective enforcement” of the state’s rules for outdoor dining during a pandemic. A case management hearing is set for April 21.
Named in the lawsuit is former Mayor Lee Brand and Councilmembers Arias, Esmeralda Soria, Nelson Esparza, Luis Chavez and Paul Caprioglio. Also named is Doug Sloan, the city attorney.
Arias said he isn’t hard to find. He often spends time in his district handing out food donations or visiting homeless encampments.
But Fansler’s attorney Warren Paboojian disagrees on how accessible Arias is.
“We tried to go to City Hall and his home on a number of occasions and he would not come down for service and I have a process server that will testify to that fact,” Paboojian said Friday.
Several of the council members named in the lawsuit accepted service through the attorneys handling the case.
Court records show Arias on Thursday filed a motion to quash, essentially asking a judge to declare the process invalid. A hearing is set for Oct. 5.
“This is a very unnecessary and costly motion,” Paboojian said.
Attorney Mandy Jeffcoach, who represents the city and Arias, declined to comment on the motion to quash, saying she can’t comment on active litigation.
But Arias said it’s clear why he is challenging the issue: he was not served with the lawsuit.
“We all have an obligation to tell the truth and the truth is I have never been served,” Arias said. “If they claim I have been served then they need to be held accountable for that.”
