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Council adds 'Insight Psychology v. City of Costa Mesa' to closed-session litigation agenda
Summary
The city attorney asked the council to add a late-breaking pending litigation item — Insight Psychology v. City of Costa Mesa — to the Oct. 7 closed-session agenda under California Government Code section 54956.9(d)(1); the council voted to add it with no opposition recorded in open session.
At the Oct. 7 meeting, the City Attorney requested that the council add a pending litigation matter, Insight Psychology v. City of Costa Mesa, to the closed-session agenda under California Government Code section 54956.9(d)(1), saying the need to discuss the matter arose after the posting of the agenda.
The City Attorney (unnamed in the public record) said, “We are requesting that the council bring on to the closed session agenda the matter, the pending litigation under conference with legal counsel existing litigation pursuant to California government code section 54956.9D1, Insight Psychology versus City of Costa Mesa. The need to discuss this matter arose after the posting of the agenda and we need to have counsel consider some items prior to your next regular meeting.”
Mayor Stevens moved to add the item. Mayor Pro Tem Chavez seconded. The mayor asked if anyone opposed; no recorded opposition was expressed on the public record and Councilmember Marr replied, “I am not” opposed when asked. The mayor then stated, “So, that passes.”
By adding the item under Government Code section 54956.9(d)(1), the council authorized a closed-session conference with legal counsel about an identified pending case. No substantive discussion of the underlying claims occurred in open session; the council immediately recessed to closed session to confer with counsel.
The public portion of the meeting that day included the reading of several closed-session titles by staff, which also listed other litigation categories and named DLS Investments cases for later in the closed session. The Oct. 7 public record does not disclose any legal strategy, settlement agreements, or votes on the merits; those topics may be discussed in closed session under the cited Government Code provisions.
