BEN AND JESSICA KALASHO ARRAIGNED ON CONTEMPT OF COURT CHARGES

By Paul Kruze, Contributing Editor

July 18, 2019 (San Diego) – Over two years after a sexual harassment and fraud lawsuit was filed against Ben and Jessica Kalasho, the couple was arraigned last Friday in San Diego Superior Court on multiple counts of contempt of court. The former El Cajon Councilman and his wife are charged with failing to provide subpoenaed documents and actively interfering in the judicial process.

According to legal experts, the punishment for contempt of court can vary greatly. If it is a matter of urgency or if the contempt was done in front of a judge, the punishment can be immediate. Punishment can range from imprisonment of up to five years, to jail time merely until the defendant complies with the order or fine.

In a brief hearing with their new attorney, David A. Kaufman, at their side and Judge Kenneth J. Medel presiding, the Kalashos were arraigned on seven counts each related to their failures to respond and appear as ordered before Judge Timothy B. Taylor last year. Taylor later recused himself from adjudicating the case.

The Orders to Show Cause For Contempt for both Kalashos were submitted by plaintiff Lina Charry’s attorney, Jennifer Hasso. Charry (photo, right) represented herself at the hearing.

The counts are as follows:

Ben Kalasho pleaded “not guilty” to the following counts:

Count 1              Willfully disobeying 5/25/2018 Order and Subpeona for appearance and production of documents on 8/2/2018

Count 2              Willfully disobeying 5/25/2018 Order and Subpeona for appearance and production of documents on 8/17/2018

Count 3              Unlawfully interfering with the Process and Proceedings of the court on 8/17/2018

Count 4              Willfully disobeying 9/17/2018 and 9/2/2018 Order and Subpeona for appearance and production of documents on 11/2/2018

Count 5              Willfully disobeying 9/17/2018 and 9/26/2018 Order and Subpeona for appearance and production of documents on         

                            12/7/2018

Count 6              Willfully disobeying 12/14/2018 Court Order and Stipulation

Count 7              Willfully disobeying 9/17/2018 and 9/26/2018 Order and Subpeona for appearance and production of documents on 4/18/2018

Jessica Kalasho pleaded “not guilty” to the following counts:

Count 1              On October 27, 2018, violated 5/25/2018 Order for appearance, willfully disobeying on 8/7/2018 Order and Subpeona for appearance and production of documents and debtor examination on 5/25/2018; had knowledge of the Order when served with a copy of the order.

Count 2              Willfully disobeying 5/25/2018 Order and Subpeona for appearance and production of documents on 8/17/2018.

Count 3              Willfully disobeying 5/25/2018 Order and Subpeona for appearance and production of documents on 8/31/2018.

Count 4              Willfully disobeying 9/17/2018 and 9/26/2018 Order and Subpeona for appearance and production of documents on 11/2/2018

Count 5              Willfully disobeying 9/17/2018 and 9/26/2018 Order and Subpeona for appearance and production of documents on         

                            12/7/2018

Count 6              Willfully disobeying 12/14/2018 Stipulation and Court Order.

Count 7              Willfully disobeying 9/17/2018 and 9/26/2018 Order and Subpeona for appearance and production of documents on 4/12/2018

In March 2019, Councilman Kalasho resigned and announced he had settled the civil suit over fraud, defamation and harassment claims filed by Zhala Tawfiq and Paris Kargar, contestants in a beauty pageant run by the Kalashos, and by the Tres Taqueria taco shop, as ECM reported.

However, that settlement did not include Charry, whose fraud and defamation suit against the Kalashos remains pending.

As reported by ECM last September, Judge Taylor recused himself from the case stating, “As the result of recent events in the case, and after a long weekend of reflection, the undersigned, on his own motion, hereby recuses himself from hearing or taking any further action in relation to this case, effective immediately.”

East County Magazine learned Taylor’s decision was made following the provisions of a section of California Civil Procedure which deals with the instances a judge may disqualify himself, specifically if “A person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial.”

The reassignment of the case to Judge Medel (photo, right) resulted in the case, which could have been tried and gone to a jury in November, to be pushed into 2019.

The Kalashos head back to Judge Medel’s courtroom on July 26 for a Judgment Debtor’s Exam.

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