Karbassi claimed Fresno Council colleague Soria defamed him. One side declares ‘victory’
A Fresno County Superior Court Judge this week ruled in favor of Esmeralda Soria in a defamation case brought against her earlier this year by her Fresno City Council colleague Mike Karbassi during their Assembly campaigns.
Judge Kimberly A. Gaab on Thursday issued a tentative ruling granting Soria’s motion to strike Karbassi’s complaint. Soria’s motion argued that Karbassi’s lawsuit was frivolous and its purpose was to draw media attention.
“Karbassi fails to show probability of success on his defamation claim,” Gaab wrote in her ruling.
“This is a victory for Councilwoman Soria in protecting her First Amendment rights, and sends a clear message rebuking political bullies like Mike Karbassi who try to silence women in elected office,” said Josh Pulliam, a consultant for Soria’s Assembly campaign.
Brian Whelan, who represents Karbassi, said his client intends to appeal the ruling.
“Councilman Karbassi will appeal the ruling and is fully committed to vindicating himself,” Whelan told The Bee.
Karbassi sued Soria the day before the California Primary Election in June for defamation over a campaign mailer, claiming he suffered injury to his personal, business and professional reputations, including embarrassment, humiliation, severe emotional distress, loss of business and significant economic loss.
Karbassi took issue with a late mailer Soria’s campaign sent out that Karbassi said gave the impression Karbassi was guilty of a crime. The mailer contained headlines that read: “Mike Karbassi’s Actions Were Inexcusable,” “Guilty of battery against a student,” “Arrested and cited for assault and battery of a 19-year-old student,” and more.
The headlines are about Brian Calhoun, a former Fresno City College instructor who was found guilty in 2014 of misdemeanor battery on a female student. Calhoun was also a two-term Fresno City councilmember and later became a consultant.
Soria’s mailer noted that Karbassi hired Calhoun in 2019 as a $50-an-hour consultant, despite his criminal conviction.
Soria last month filed an anti-SLAPP motion in the case. 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.
Gaab, in her ruling, noted that campaign speech is protected speech, and Karbassi didn’t refute that his complaint arose from protected speech. Gaab also said that the mailer in question was not defamatory, saying, “Truth is a complete defense against a claim of defamation.” She also said the type of speech in the mailer is common in campaigns.
“The simple fact of publishing the mailer is not evidence of malice,” Gaab said.
Democrats Karbassi and Soria were running in the newly drawn Assembly District 27. It covers Fresno, Madera and Merced counties and includes the cities of Merced and Madera and a part of western Fresno. Soria advanced to the general election in November. Karbassi did not.