San Jose City Councilmember Peter Ortiz was served court documents right at the council dais during the September 1 city council meeting, in front of colleagues and cameras, over a $54,000 debt he still hasn't paid. The papers stem from a failed civil harassment lawsuit Ortiz filed against a local social media publisher, a case he lost on appeal in January. Ortiz did not respond to requests for comment on the incident or the debt.
Process server Mark Andrews placed the documents directly in front of Ortiz during the meeting, an encounter captured on video by independent reporter Susan Bassi and reported by San José Spotlight. The footage of the moment circulated widely online afterward. The documents included a subpoena for Ortiz's personal finance records and an order for him to appear at an October 5 hearing intended to bring his assets to light, according to the outlet.
How a Restraining Order Fight Turned Into a $54,000 Bill
The underlying dispute traces back to December 2023, when Ortiz filed a civil suit seeking a restraining order against Robert Saenz, the owner of the ESSJ Times Instagram account, which at the time had more than 54,000 followers covering current affairs and public safety-related incidents in San Jose. Ortiz said Saenz's posts, which included derogatory statements and an image of Ortiz's face with the words “brown puppet” superimposed, put his safety and his girlfriend's safety at risk. Ortiz also said posts falsely accusing him of grooming or sexualizing children drew a wave of negative comments.
Santa Clara County Superior Court Commissioner Johanna Thai Van Dat granted Ortiz's request, and the resulting restraining order restricted Saenz from approaching Ortiz or his girlfriend and blocked him from making further defamatory statements about the pair. Per the same reporting, the order restricted Saenz's contact with Ortiz and his girlfriend and barred further defamatory statements before Judge Eric Geffon struck down the lawsuit in an April 2024 ruling, finding that Saenz's comments were constitutionally protected speech and overturning the restraining order.
The dispute had ignited the fall before, when Saenz posted a video on the account criticizing a “Drag Queen story time” event promoted by another councilmember, according to Reason Magazine. Ortiz responded by publicly reporting the account for hate speech and urging his followers to flag it. Saenz, for his part, wrote that he spoke for “especially the majority of the community that is against grooming our children” and claimed Ortiz does not represent San Jose's Latino and Mexican community.
Appeal Confirms Fee Order as Deadline Looms
California's Code of Civil Procedure Section 425.16 — the state's anti-SLAPP statute, enacted in 1992 — provides that a prevailing defendant is entitled to fees and costs, subject to statutory exceptions, according to FindLaw. Once Judge Geffon determined Saenz's posts were protected political commentary, the statute required Ortiz to cover his opponent's attorney's fees. The California Court of Appeal affirmed that outcome in January, finding that Saenz's posts encouraging Ortiz's removal from office amounted to protected political speech.
Ortiz has not paid the $54,000 in attorney fees, according to a representative for Saenz's legal team. Attorney Patrick Evans, who filed to garnish Ortiz's wages, said Ortiz never responded to attempts to resolve the debt. The case includes a wage-garnishment filing and a subpoena for Ortiz's financial records, per San José Spotlight's reporting. Evans said the case should serve as a caution to elected leaders about acting against constituents.
Political Timing Adds Pressure
The financial reckoning lands as Ortiz runs for a second term representing East San Jose. He placed first with 44.9% of the vote in the June 2 primary, sending him into a November general election runoff against former state lawmaker Nora Campos, as Hoodline previously reported. Campos is Ortiz's opponent in the November runoff.
According to the U.S. Census Bureau's QuickFacts for San Jose city, median household income was $146,427 in 2020-2024 dollars and per capita income was $65,945 during the same period.
The fee dispute is not the only legal matter shadowing Ortiz's tenure. A Santa Clara County Superior Court judge in June allowed a separate California Public Records Act lawsuit to proceed seeking private group text messages, labeled “Tammany Hall,” that allegedly included Ortiz and other San Jose officials. Whether Ortiz settles the $54,000 judgment before his October 5 debtor hearing, and whether wage garnishment against his council salary ultimately proceeds, remains to be seen as East San Jose voters weigh in on his reelection bid.
