Gated Prey (Eve Ronin #3)(61)

Thinking about owning a home that was a violent crime scene reminded her about the death that had occurred in her condo and the lawsuit that had been filed against her. She had to start thinking about her defense.

The waiter delivered Eve’s sandwich. She wolfed it down, as if someone might take it away from her if she didn’t hurry, and then called the County Counsel’s office to find out what steps the department was taking on the lawsuit. The County Counsel provided legal advice and representation to the county’s various departments and agencies, as well as to the board of supervisors and other county officers.

Eve was transferred several times until she finally managed to reach the lawyer assigned to the case, a man named Peter Monsey. She introduced herself and told him that she’d been served.

Monsey said, “Actually, we were served with the lawsuit some time ago and I’m pleased to say that we’ve negotiated a settlement.”

Eve felt a wave of relief. She’d been dreading this suit for weeks and it was all for nothing. “Wow, that was fast.”

“That’s the power of reason. The wrongful death suit attempted to hold the county liable under section 1983 of the Civil Rights Act. Such cases usually involve excessive force, coerced confessions, or fabricating evidence, none of which applies in this case.”

“So the lawsuit was baseless.”

“Not entirely. Their argument was that you, in your official capacity, harassed someone so badly that it led him to his suicide. To hold us liable, however, they would have to prove that your conduct reflected department policy, written or unwritten, which it didn’t, or that you were acting under a superior’s direction, which you weren’t.”

“But you settled the case,” she said.

“Yes. I convinced them they wouldn’t ultimately prevail against us in court, and we negotiated a confidential settlement, but I can tell you it was in the low six figures, far less than the estimated legal costs of defense, and, of course, there was the ever-so-slight risk that we could lose.”

“So we’re done.”

“We are, but you aren’t,” he said. “The case against you can proceed.”

Eve felt a stab of anxiety in her chest, an entirely different ache than her sore, mending sternum. “Are you negotiating a settlement with them on my behalf?”

“We have nothing to do with your case. Our position is that you acted on your own, therefore we won’t represent you or indemnify you for damages if you lose.”

Anger now tempered her anxiety. How could they take that stand?

“That doesn’t make any sense. I was working for you when this happened and I wasn’t disciplined or penalized for my actions in the investigation.”

“That doesn’t mean you won’t be nor should it imply that your conduct was authorized.”

That was a very lawyerly, protect-our-asses answer, she thought. “You’re just throwing me to the wolves.”

“I wouldn’t put it that way. I’d say you’re representing yourself in this matter and we wish you the very best.”

Eve hung up on him. They were sacrificing her. It was the department’s way of punishing her for the scandal that was created by her investigation. But they were letting the lawyers do their dirty work.

Now she had to find herself an attorney and could only think of one place to start. She called Rebecca Burnside, the assistant district attorney she’d worked with since she’d transferred to Lost Hills. Burnside was smart, ambitious, and straightforward, and although they didn’t always agree, Eve trusted her. That didn’t mean Burnside would always have her back, but at least she wouldn’t put a knife in it.

She managed to catch Burnside on a lunch break from court, grabbing a taco and Coke from a food truck, and quickly filled her in on the situation.

“I’m not surprised,” Burnside said, talking with her mouth full. “It’s the position I would have taken if I was in the County Counsel’s seat.”

“Gee, thanks.”

“His job is to protect the county’s exposure, not yours. It was an easy call. That doesn’t mean it was right.”

“Do you think they have a case against me?”

Burnside took a moment to swallow her food and wash it down with Coke.

“Honestly, yes, I do. You need a top criminal defense attorney. But they aren’t cheap.”

“How much is not cheap?”

There was a crunch as Burnside took another bite of her taco, then chewed it a bit before answering. “It could be as much as $500 an hour.”

Eve gasped. She could forget about buying a new car. She’d have to buy some of those tree-shaped air fresheners to dangle from her rearview mirror instead, though she might not be able to afford those, either.

Burnside said, “Your homeowner’s insurance might cover it. Some policies have protections against liability lawsuits like this.”

“I’ve pushed it with my insurance company already on the remodel of my condo,” Eve said. “They may cancel me rather than face more expense.”

Her auto insurance already did after all the accidents and vandalism she’d filed claims for. Her new policy, with some sketchy company based in Barbados or someplace like that, cost three times as much as her old one.

“Sorry,” Burnside said. “I’ll email you some names and numbers.”