Fresno judge weighing whether to maintain ruling over Soria mailer targeting Karbassi
A day after issuing a tentative ruling throwing out a defamation lawsuit by Fresno City Councilmember Mike Karbassi against political rival Esmeralda Soria, Judge Kimberly A. Gaab heard brief arguments from both sides Thursday and took the matter under submission.
Gaab will review the matter and make her final ruling. How long that will take is unclear.
Karbassi filed the defamation lawsuit in June accusing Soria and her Assembly campaign committee of defaming him in campaign materials ahead of the June 7 primary for Assembly District 27, which covers parts of Fresno, Madera and Merced counties.
Attorney Brian Whelan, who represents Karbassi, argued against the tentative ruling, saying it did not take into account what the average reader might conclude when reading the disputed campaign literature.
He also said Karbassi’s reputation has been negatively impacted. Karbassi alleged the late-campaign mailer from Soria gave the impression he was guilty of a crime.
At the top of the literature is a headline that reads: “Mike Karbassi’s Actions Were Inexcusable” and a prominent photo of Karbassi. Underneath the large headline were smaller headlines including, “Guilty of battery against a student.”
But the two-sided mailer revealed on the other side that person being talked about was not Karbassi, but former Fresno City College instructor Brian Calhoun.
In 2014 Calhoun was found guilty of misdemeanor battery against a female student. Calhoun, a former two-term city council member, was later hired by Karbassi as a consultant.
Whelan argued the mailer did not make that distinction between Calhoun and Karbassi clear, especially a quote that read: “Was I wrong? Yes, I touched her when she did not want to be touched..”
“There is no indication the quote is from anyone other than Mike Karbassi,” Whelan said. “The average reader would conclude that.”
Gaab disagreed, saying it was “pretty clear they are not talking about Mr. Karbassi. It is clear the mailer is referring to a paid consultant.”
Soria defeated Karbassi in the Assembly primary earlier this year and advanced to the November general election.
Soria’s attorney Jeffrey S. Einsohn supported Gaab’s tentative ruling, calling it well thought out.
Gaab’s Wedesday tentative ruling struck down Karbassi’s defamation lawsuit after Soria filed an anti-SLAPP motion, asking that Karbassi’s suit be dismissed as an effort “to try to silence and retaliate against Defendant Esmeralda Soria’s political speech on matters of public concern.”
This story was originally published September 2, 2022 at 5:00 AM.
