Judge strikes down Fresno developer’s lawsuit against city councilman for lack of evidence
A Fresno County Superior Court judge this week sided with Fresno City Councilmember Miguel Arias in issuing a tentative ruling that a lawsuit against Arias was without merit and imposed a chilling effect on free speech rights.
Cliff Tutelian, a downtown developer who owns The Grand Tower, sued Arias and the city of Fresno in September, alleging breach of contract, fraud and bribery. The allegations stem from a failed deal between Tutelian and the city to develop apartments and retail buildings. Tutelian blamed Arias for the project’s failure and sought $12.45 million in a claim for damages.
After Tutelian filed suit, attorneys representing Arias filed a motion to have Tutelian’s complaint struck down under anti-SLAPP laws. SLAPP stands for “Strategic Lawsuit Against Public Participation.” These types of lawsuits are often used to silence criticism by racking up expensive legal proceedings to intimidate people who are exercising their First Amendment rights. California has strong anti-SLAPP protections.
In his tentative ruling, Judge D. Tyler Tharpe said Tutelian’s claims lacked evidence or merit.
“There is inadequate evidence that Arias lied when he represented that the city would negotiate in good faith with regards to the (exclusive negotiating agreement) extensions,” Tharpe wrote. “Plaintiff relies largely on innuendo and supposition to support his claims that the City Council’s actions in regards to the ENA were motivated by revenge for Tutelian spurning Arias’ demands for bribes.”
Tutelian told The Bee that he and his attorneys believe the judge erred in his ruling. He and his attorneys are discussing filing an appeal, he said.
Arias said in a statement that the ruling confirms his position.
“Since day one, I made it clear this claim was without merit and an attempt to intimidate the city and myself,” he said. “The tentative judgment confirms Tutelian’s claim lacks evidence, facts and merit. I am evaluating all options to ensure we shine a light on the facts and hold those responsible for using our judicial system to score political points and are held accountable.
“This coordinated effort to undermine the public’s trust in city government must be held accountable,” he said.
Tutelian says in the lawsuit that Arias demanded he “pay to play” in the form of a campaign contribution, and the city broke an exclusive negotiating agreement so he could develop an area just north of Fulton Street in downtown.
Arias denied demanding the campaign contribution or ever being alone with Tutelian. The city of Fresno no longer uses exclusive negotiating deals.
This story was originally published May 11, 2022 at 2:19 PM.