Politics & Government

Angry City Litigants Ask: 'Deal? What Deal?'

Santa Monica's city attorney's office made settlement announcements that were premature and misleading, lawsuit opponents say.

City prosecutors riled opposing litigants when they recently announced the settlement of two big lawsuits.

In both cases, litigants said public statements made by the Santa Monica city attorney's office were misleading.

A local couple who had sued over Santa Monica's handling of parking ticket appeals are seething because, they say, City Attorney Marsha Jones Moutrie jumped the gun. And one of the nation’s largest gold coin dealers is on the defensive because it said prosecutors put out incorrect information.

"There is no deal. It was a total surprise that she made any announcement," Stanley Epstein said of the parking ticket suit.

Find out what's happening in Santa Monicawith free, real-time updates from Patch.

, when she recommended that the council approve an agreement that would include the city paying $65,000 to the Epsteins.

But the Epsteins contend there wasn't, and still isn't, a deal.

Find out what's happening in Santa Monicawith free, real-time updates from Patch.

Plus, a bulk of the payment that Moutrie announced Feb. 28 won't go to them, the said. 

They contend that they specificially asked the city to earmark $65,000 for their attorney fees and $12,500 for themselves (a "substantial" portion of which they've said is pledged to the Public Justice Foundation).

And though they had agreed to that price, the Epsteins said, there were a number of deal points that need to be sussed out further before the City Council took any action to approve the settlement at that February meeting.

"Phrasing it the way she did, she wanted people to get the wrong idea, so people would think we are money-grabbing people," Stanley Epstein said of the payment.

Harriett Epstein sued the city last year after it, its contractor ACS State & Local Solutions Inc. and a hearing officer refused to provide her with an explanation as to why her appeal of a parking ticket was being denied.

Five days earlier, the city attorney's office issued a press release announcing the settlement of its consumer-protection lawsuit against Santa Monica-based Goldline International.

In its release, the attorney's office reported that a "judgment and injunction against" had been ordered against Goldline, which it said was to refund as much as $4.5 million to former customers under a settlement agreement.

And, among other directives, the company was to "follow a strict [and] factual script when discussing topics that were used in the past to mislead consumers" and "disclose its actual price markups in recorded calls before each transaction."

But upon seeing the press release, Goldline fired off a statement calling it  "replete with serious misstatements and inaccuracies." Primarily, it said there was neither an injunction nor an award of damages.

"There was no award of damages as incorrectly suggested by the city attorney's office, nor has there been any finding that any client was defrauded by the company," the firm's officials said. "Goldline agreed to allow 43 clients, comprising a scant one-tenth of 1 percent of its clients for the relevant period, to return their precious metals for a refund. At this time, no one can say how many of these clients will choose to return their precious metals. If the clients ask for a refund, the company will receive in exchange the original precious metals which are valued in the millions of dollars."

For his case, Epstein is demanding that Moutrie make a public announcement at the City Council's next meeting, March 20, to clear up the discrepancies.

Goldline representatives declined to comment. A publicist who works with the company suggested attorneys might be hesitant to speak on the record about the inconsistencies because they feared legal retribution from the city.

Stay up to date on Santa Monica news and events, by following @StaMonicaPatch and by “liking” us on Facebook.


Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.

We’ve removed the ability to reply as we work to make improvements. Learn more here