A far-right activist who is suing members of the Los Gatos Town Council refiled her complaint this month, eliminating any mention of two of the three defendants being on the council.
Lynley Hogan originally alleged in a lawsuit filed in November that Vice Mayor Rob Moore, council member Maria Ristow and Los Gatos resident Lee Fagot conspired to defame her and keep her from attending the regular meetings of the local group Democracy Tent.
Moore, Ristow and Fagot all denied Hogan’s allegations in a response in December. But on Jan. 10, Hogan filed a request to dismiss her original suit and filed paperwork for a new complaint that’s largely identical to the original but removes any mention of Moore and Ristow being town council members.
The council in a December closed session meeting authorized Hogan and Ristow’s defense, and lawyers Shanan Hewitt and Wendy Motooka from the civil litigation firm Rivera Hewitt Paul LLP are representing them, according to public documents.
The council met in a special closed session meeting before its regular meeting on Tuesday for conference with legal counsel regarding Hogan’s new lawsuit, according to their meeting agenda, but town attorney Gabrielle Whelan said there was “no reportable action” from the meeting.
Hogan’s new complaint also narrows the causes of action. Removing First Amendment violations, conspiracy, deceit, false light and retaliation leaves the new complaint with allegations of defamation per se by libel and slander, intentional infliction of emotional distress and defamation per quad by libel.
