Ben Austin, who last year was forced out of the race for the Los Angeles school board's Westside seat, has sued the political consultant he blamed when he was booted from the ballot.
Austin filed suit against Sue Burnside and her company Burnside & Associates on Tuesday -- election day -- alleging breach of oral contract, fraud and negligent misrepresentation.
In the complaint, Austin calls himself the "leading candidate for a position on the Los Angeles School Board, who had already amassed a healthy war chest of campaign funds, and a 'who's who' list of endorsements."
Austin had been expected to be a front-runner for the seat that Steve Zimmer has apparently won. As head of Green Dot-affiliated Los Angeles Parents Union, Austin would have been a reform-focused candidate. He has said he expected the endorsement on L.A. Mayor Antonio Villaraigosa -- and the complaint states that he had the mayor's backing, among that of other heavy-hitters.
He alleges that Burnside farmed out signature-gathering work to Robert Urteaga, a consultant and Montebello councilman with a felony conviction who is currently the target of a recall campaign. The signatures were gathered in the incorrect board district, disqualifying Austin, Los Angeles officials have said.
"It was a stinging defeat that has tarnished the plaintiff's reputation," the complaint reads.
Urteaga, who according to the suit told Austin that he had in turn farmed out signatures gathering, was also a target of the suit. He could not immediately be reach for comment.
Burnside has said that Austin was not her client, she never agreed to a contract with him and has never met him.
"An independent contractor misrepresented himself - without my knowledge or approval - as an employee of Burnside & Associates when he agreed to collect the signatures for Mr. Austin," Burnside wrote in an email to friends and media when Austin was disqualified in December.
She said this morning that she had not been served with the complaint and thus would not comment on the lawsuit.
Austin is seeking damages in an amount to be determined at trial.
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