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Activists win appeal over attorney fees in battle with Grover Beach

September 3, 2026

Debbie Peterson

By KAREN VELIE

An appeals court ruled Wednesday that a group of activists are eligible to receive more than $125,000 for their legal fees in a battle with the city of Grover Beach.

“After paying our legal costs, I bet the city will have spent more than half a million fighting our constitutional rights,” said activist Debbie Peterson. “The judge ruled the city violated election law, but they continued for two years to argue about paying our court costs.”

In May 2023, San Luis Obispo Superior Court Judge Craig van Rooyen found that Grover Beach City Clerk Wendi Sims violated the law in her rejection of recall petitions for Mayor Karen Bright and councilmen Daniel Rushing and Zach Zimmerman.

“There is no legal authority which allows an elections official to make determinations regarding the veracity of statements in a recall petition,” according to Judge van Rooyen. “It violated section 11042 when it failed to do so. The court further finds that issuance of a writ under section 13314 to remedy that violation will not substantially interfere with the conduct of the election.”

In Nov. 2024, the voters recalled Rushing. It was too late to recall Bright and Zimmerman because of the city clerk’s actions.

In Dec. 2024, Peterson and others involved in the recall effort filed a motion for private attorney general fees. Judge van Rooyen denied their motion because he determined the litigation did not confer a significant public benefit.

Peterson appealed Judge van Rooyen’s ruling.

The appellate court rebuffed Grover Beach’s argument that Peterson’s litigation did not provide a significant public benefit.

“Here, appellants’ litigation likewise enforced the fundamental rights of free speech and petition,” according to the appellate court ruling. “Given the gravity of these rights, this enforcement conferred a significant public benefit, regardless of whether the contested statements in the petition impacted the Rushing recall effort.”

“The trial court’s April 4, 2025 fee denial is reversed, and the matter is remanded for further proceedings consistent with this opinion,” according to the Second Appellate District Court of Appeal. “Appellants shall recover their costs on appeal.”

 


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8 Comments

Does anyone find it odd; the Community Development Director, Assistant Community Development Director and the City Engineer are all EX-SLO county employees?


5

Kind of scary that Citizen’s have to police the antics of overpriced government employees with what appears to be allegiance to the misplaced allegiance to big money out of town interests vs. the best interests of the community and residents. Its sad day before us that Citizen’s are the ones working (for nothing) for the public good.


Its sick to have to consider that staff and elected officials have reduced themselves to being trojan horses for the carpetbaggers and grifters that have found their way to Grover Beach.


Hopefully, the City will cease wasting valuable public funds on this battle they lost and pay their bill which is probably covered by insurance.


20

And yet Wendi Sims still has a job??????


24

Hopefully not for long. Citizens of Grover Beach have A-26 on the November ballot: Elect our City Clerk/Elections Officer. If it succeeds, the City Clerk will answer to the voters, rather than relying on the city manager and city council to retain employment.


7

Just imagine the Management meeting White-boarding for damage control. The mayor and half the counsel will be replaced. The control will be with the new counsel. The mind set at the community development team needs to change.


23

Big win for government accountability here. The appellate court basically told the trial judge: stop measuring whether a constitutional rights violation “worked” and just recognize that enforcing the right IS the benefit. Van Rooyen’s fee reasoning let the city off the hook for two extra years of litigation over something that should’ve been obvious from the jump.


Also can’t get over the fact that Grover Beach apparently thought it was worth burning half a million dollars just to avoid paying $125k to the people who caught the Clerk breaking the law.


39

Anyone else think that this photo of Ms. Peterson, looks remarkably like “Hot Lips Hoolihan”?


-6

Down votes for admiration? It’s a crazy world.


2