Amador County – The Amador County Chamber of Commerce earlier this month filed an appeal of a Small Claims Court ruling against the Chamber that in April awarded more than $5,000 to former Chamber executive director Jacqueline Lucido.
Stephen Zalkind, attorney for the Amador Chamber, said he filed the appeal May 2nd, and the affect of the appeal is to suspend the small claims judgment, and set a new trial to take place June 2.
After a Small Claims Court hearing on April 4, Superior Court Judge Angus Saint-Evens awarded $5,579 plus $75 in costs to Lucido in an April 5 ruling. Zalkind said the filing of the appeal automatically suspended the ruling in the small claims case, and set the new trial date.
Details of the Small Claims Court ruling were described by Saint-Evens in the ruling, after Lucido sued in the court for expenses she said she paid while heading the Chamber. The Chamber, as defendant, was represented in the hearing by its Board of Directors President Mark Borchin. The judge wrote that Borchin asked for a “stay of the proceeding for an uspecified period of time while an audit/criminal investigation was being completed,” but noted that the “defendant provides no support for this.”
The judge noted that it “appears that defendant has some concerns about the financial management skills of Plaintiff.” Saint-Evens noted that Borchin suggested “there may be some Fifth Amendment reason on behalf of plaintiff not to proceed,” although the “defendant does not have standing to raise the issue and in any event Plaintiff declined this suggestion and the matter proceeded to trial.”
The judge wrote that it appeared that for a long time, Lucido as Chamber executive director “was and has been funding cash shortfalls and business expenses from her own resources.” He wrote: “Apparently no individual ever questioned why an organization with an annual budget of between $150,000 (per plaintiff) and $100,000 (per defendant) was frequently in financial shortfalls. Nor is it explained why in light of the frequency of these circumstances that the Board of Directors did not address the issue.”
The judge noted that the Chamber reimbursed Lucido for $1,300, of the original request for more than $6,500 in the suit, and that the “payment was relevant to Plaintiffs claims.” Saint-Evens wrote that Borchin notably “does not deny owning the amount” and “refused to give or state an opinion on the validity of the plaintiffs’ claims,” and the “trial essentially proceeded by way of default.”
The new trial is set to take place at 1:30 p.m. Thursday, June 2nd in Department 2 of Amador County Superior Court.
Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.
