Blogging Bayport Alameda

October 30, 2013

Anti-SLAPP in the face

Filed under: Alameda, City Council — Lauren Do @ 6:00 am

It took almost a whole year to finalize but former Fire Chief David Kapler’s lawsuit against the City of Alameda is finally over and done.  Yesterday the City sent out a press release with the information that David Kapler had asked the court to dismiss his last claim against the City for the life time health benefits and the final judgment in the case of David Kapler v. the City of Alameda is a judgement in favor of the City in the amount of $260K.   That, of course, represents the attorneys fees owed to the City by David Kapler.

As a reminder, former Interim City Manager Ann Marie Gallant was willing to let David Kapler walk away from the City with $75K (and post retirement benefits, these are the post retirement benefits that were still outstanding in his claim that was dismissed earlier this month)  as long as he resigned and released all claims against the City, but this is a much better deal for the City after the City Council rejected that deal.

As a further reminder David Kapler sued the City because he said he was pushed out for political reasons after he was caught gassing up his BMW convertible.

The $260K does not include David Kapler’s attorney’s fees, so unless she worked on contingency who knows that that fee will end up being.  It sounds like David Kapler opted to cut his losses as opposed to continue after the post-retirement benefits and (possibly) losing on that one as well.

Also as a reminder, former Interim City Manager Ann Marie Gallant’s lawsuit (RG11590505) is still outstanding after being bumped back down to the lower court by the Appeals court who overturned the lower court’s decision on the Anti-SLAPP argument.   The case keeps getting pushed and now there won’t be any activity until January of 2014.   It appears that Ann Marie Gallant and/or her lawyers still believe that they have a strong case despite what has happened to David Kapler and the similar trajectories that both cases have had.   However if you are looking for a little light reading there is in the Register of Actions some interesting documents filed in October.  Mostly objections and things like that.  The documents filed by Ann Marie Gallant’s attorneys read a bit like “nuh uh!” and that sort.


  1. “The arc of the moral universe is long, but it bends towards justice” …. with help from Lena Tam. It teaches corrupt city officials not to mess with the Taminator.

    Comment by Chuck — October 30, 2013 @ 7:40 am

  2. 1. Oh, please. Kapler’s suit was BS from the get go. Talk about low-hanging fruit.

    As for Ann Marie, that’s a different story. I don’t want her to win for the City’s sake, but it’s hardly the same thing.

    Comment by Denise Shelton — October 30, 2013 @ 8:04 am

  3. We have solved the Problem of any of the Big Wheels in FD being fired for stealing gas and putting it into their own private cars.

    We Just spent 350,000 to purchase them all new trucks so they can commute back and forth to Alameda.

    Plus now we can buy all their gas.

    Comment by Solved that Problem — October 30, 2013 @ 1:57 pm

  4. 2
    “I don’t want her to win for the City’s sake,…”

    That’s an interesting take on the pursuit of justice.

    Comment by Jack Richard — October 31, 2013 @ 7:51 pm

  5. 4. Yeah, I know how that sounds. Problem is, the cost will be ours. I think Ann Marie was not treated entirely fairly but it’s not like she walked away with nothing. If any award came out of the pockets of those responsible for any wrongdoing (assuming it is found that wrong was done) that would be fine with me. There seems to be this whole class of people who go around working for various municipalities, getting big salaries and perks, and then profiting from suing them when things go south with the relationship. Probably why they extended Vital’s contract. Fear of another law suit. The whole thing stinks.

    Comment by Denise Shelton — November 1, 2013 @ 11:48 am

  6. Yeah, but maybe the city sucks. If ex-city-officials suing the city is so rampant, maybe there should be a ‘no sue’ clause up-front in the contract. Gas man Dave didn’t make out so good by suing the city, did he?

    Comment by Jack Richard — November 1, 2013 @ 12:17 pm

  7. Although the city won a judgement against Kapler, collecting on the judgement is whole different matter.

    Comment by Basel — November 2, 2013 @ 3:51 pm

  8. I know people will take this wrong…and I am wrong for thinking of it but Ann Marie is how did she end up in that position. That is what everyone will get upset about what I said….but I am smart, good looking. I have experience in city infrantrucurer and I think Ann Marie was given a job and didn’t do it…I actually don’t know if I could do the job and not looking to have it…but there are others more quailfied and can do it? I am not saying you have to be hot to do the job, but you need to have some sort of attraction to make things happen. As bad as this sounds you need some sort of attaction or skills to be elected.Mayor Johnson wasn’t totally attractive but she had skills. I am sorry Bev…but you should have hired a gay consultant to help you. So she may sue the city because she wasn’t doing a good job or attractive.

    Comment by joelsf — November 3, 2013 @ 6:26 pm

  9. 8. What the WHAT?!!!

    Comment by Denise Shelton — November 4, 2013 @ 7:08 am

  10. joelsf, you may be “good looking”, but you are definatly not “smart”. yea Denise, WHAT?!!!

    Comment by John P. (L) — November 4, 2013 @ 8:47 am

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