‘Prejudice’ sticking point in rehab-home legal battle

Concerned Citizens of Newport Beach has tried to drop its lawsuit with the largest group rehab home operator in the city, Sober Living by the Sea, but the organization has refused to agree to the dismissal.

Concerned Citizens asked for the judgment to be done without prejudice, which is the basis for Sober Living’s refusal. If the lawsuit is dismissed without prejudice, it can be re-filed; otherwise it will be dismissed for good.

“If they thought their lawsuit had any merit, why would they want to dismiss it?” Sober Living attorney Richard Terzian said.

Concerned Citizens would rather focus its resources into presenting facts during the city’s public process of enforcing regulations regarding group rehab homes, the group’s leader, Denys Oberman, said.

Despite dismissing lawsuits with all other operators and the city of Newport Beach, the group stopped short of dismissing its lawsuit with Sober Living until now in hopes of having more conversations with the operator, Oberman said.

“They want to get a judgment saying that our action was without merit, that our claims were false, and we are not going to agree to that,” Oberman said. “All of the other operators, and their attorneys, were cooperative and responsive in our dealings with them. CRC Health Group [Sober Living by the Sea’s owner] clearly wants to flex its muscles and continue what it has practiced with intimidation and retaliation against the residents.”

— Daniel Tedford