Former Supt. Fleming Owes Capo for Legal Fees

Originally posted at 6:43, July 30, 2013. Edited to include a statement from the school district.

In the end, Capistrano Unified former Superintendent Jim Fleming owes the district money, not the other way around, an Orange County Superior Court judge has decided.

Fleming was criminally charged with keeping an illegal “enemies list” of his political opponents and their children. When an appellate court dropped the charges in May 2011, Fleming sued the Capistrano Unified School District to cover his legal fees.

Judge James Di Cesare dismissed the case in March, finding in favor of the school district.

Then just this month, Di Cesare ruled it is Fleming who owes the school district money for its legal fees and related costs – $129,893.10 to be exact, an amount the judge said was reasonable.

Di Cesare said in the written order dated July 15 that a clause which allowed Fleming to seek attorneys’ fees in the event a breach-of-contract lawsuit was successful works both ways, so the district is entitled to the same.

"We are pleased this case is finally coming to an end," said Marcus Walton, district spokesman.