Dec 272019

With the sudden filing of Janet Nguyen vs Tyler Diep in AD-72 – the Democrats believe an already competitive race may be an easier pickup. Diep is vulnerable and his personal conduct before and since being elected is the subject of legend and may end up on the pages of Right on Daily (and maybe local media outlets). Don’t forget that this is overlaid by the CA-48 race (Michelle Park Steel) that will draw a likely $10 Million.

Tyler Diep

In AD-74, a democrat is holding an R-leaning seat and there is a massive schism in the OCGOP that deadlocked an endorsement. While Kelly Empty has limited resources, a handful of people still trying to wield influence are attempting to push the volatile Ernby over the line in to the March runoff. This increases the level of difficulty for the GOP significantly let alone for Diane Dixon who has at least triple the resources of Mrs. Ernby but will be forced to expend them all to deal with the stubborn challenge.

Kelly Ernby.

AD-68: Stephen Choi is considered extremely vulnerable and he hurt himself by attempting to defend his colleague William “Bill” Brough. Brough’s spiraling scandal is affecting the entire area. Choi’s troubles are compounded by the vulnerable John Moorlach SD-37 and the Congressional Race where Katie Porter could have $10Million come in on her behalf. Choi’s opponent was fundraising off of his AD-73 related gaffe.

AD-55: Phillip Chen is also considered vulnerable now. AD-55 is overlaid by the Ling-Ling-Ling Chang Senate Seat (SD-29) and millions coming to avenge the recall of Josh Newman. Ling-Ling-Ling is viewed as the next most likely to bolt the GOP as she is as liberal as Mayes or Maienschein are. The CA-39 Race (Young Kim) is also overlaid on this and will be drawing massive outside money as well.

Which brings us to AD-73. There is zero incentive for the legislative democrats to play this straight. With Bill Brough being on a rampage to prove himself innocent (and everyone else around him wrong), the democrats want him to make the fall runoff. If Brough makes the AD-73 runoff against a democrat the FPPC investigation and the sexual misconduct investigation are all but guaranteed to drop. If they were baseless, they would be coming out whenever and no one would be talking about them in the halls of the legislature.

William “Bill” Brough

The refuseniks on the OCGOP who refuse to endorse anyone for any reason and any time before filing can thank themselves for enabling Brough to feel comfortable filing for re-election. Other groups and other people took action before the primary – but the OCGOP whose voice was the loudest waited until the day after filing to finally stand against Brough. I had criticized Fred Whitaker until around mid September as it was clear then that he had arrived at the conclusion that Brough’s victims were legitimate and that Brough was a problem. Unfortunately, Whitaker is not a strong or persuasive person and had to wait until filing closed to get Brough dealt with.

The democrats did not miss this dynamic. While the Orange County Republican world is (finally) aligned against Brough – the democrats know the weakness and knew that Republican “leadership” as in Marie Waldron protecting a leadership vote, were running interference for Brough. (All while knowing at least 3 weeks in advance Mayes was going to bolt parties) The significance of Chad Mayes leaving the GOP is that he was a leadership vote for Waldron, so all this sandbagging to protect Brough was for naught.

Think it through – it took 6 months of relentless pounding by the Right on Daily Blog AND dozens of other state level media articles to finally get the movement that has only happened in the last three weeks! (Regarding AD-73) It is as if some were hoping against hope they’d never be forced to act!

From Ben Adler Capitol Public Radio and Stephen Frank:

The California Legislature spent nearly $2 million last year investigating sexual harassment accusations involving lawmakers, staffers and lobbyists, and received 15 new allegations — including four against state senators and two separate complaints against an Assembly member.

This newly released data, obtained by CapRadio as part of a Legislative Open Records Act request, is from 2018 and the first month of 2019. The response includes no names, which is consistent with the same data released in the past.

But CapRadio’s request for data on all allegations made since January has so far been denied.

That means these newly released details about sexual harassment at the state Capitol will be the last ones the public ever sees — unless the Legislature chooses to disclose information from its newly formed, joint Senate-Assembly Workplace Conduct Unit.

Read the article carefully and cross-reference it with what I have been told from several political insiders: The Bill Brough investigation will be completed sometime around mid December (now) and sent to the joint committee. What they do with the information and investigation is up to the leadership (as in the dem majority) of the Assembly. I’ve been told that Anthony Rendon and the other Democrat leaders fancying a complete wipe-out of Republicans in Orange County will be forestalling the release of the report.

The failure of GOP Groups to act decisively earlier and take out the trash could bite us yet again. We’ve seen Bill Brough’s issues spill over in to AD-68. With the air of scandal barely below the surface in AD-72, you have to wonder if your intrepid blogger has connected the dots correctly between the rumored delay of the Brough Report and the refusal of the legislature to release records to the Capitol Public Radio crew whose lawsuit victory allowed us to see the #MeToo stuff that we actually did see.

I am thrilled that the OCGOP endorsed an opponent, Laurie Davies against Bill Brough. I am also thrilled that the OC Lincoln Club did as well a couple days before filing closed. I am waiting on the OC New Majority to do the deed as well in public. I now hope this effort is enough to overcome name ID and incumbency – especially with Ed Sachs deciding to file in what looks like a Brough-level temper tantrum when the OC Lincoln Club picked Davies over him. Ed Sachs has increased the level of difficulty exponentially to get Brough out of the top two.

Bill Brough will affect every single race in Orange County: SD-29, SD-37, AD-55, AD-68, AD-72, AD-73 and AD-74. The 4 Congressional Races were being doubly impacted until Duncan Hunter Jr. pled guilty and bailed out. (The four are CA-38, CA-45, CA-48 and CA-49)

Remember one of your intrepid blogger’s old adages – NEVER EVER RELY ON A JUDGE OR AN INVESTIGATION TO DO WHAT YOU COULD NOT DO AT THE BALLOT BOX. This means to everyone reading this from Orange County – make sure you join your intrepid blogger and make sure Bill Brough gets buried. Please.

Oct 292019

Extensive experience handling all stages and aspects of various complex civil business litigation matters in numerous state and federal courts, including intellectual property litigation, securities class actions, derivative actions, labor and employment class actions, toxic tort environmental litigation, CEQA disputes, complex breach of contract actions, investigations by the Securities and Exchange Commission, internal whistleblower investigations, and providing litigation-related corporate advice.

This is from her Linked In Profile where she also proudly touts her service to a Clinton appointed social justice warrior Judge Napoleon Jones.

Kelly Ernby has made a ton of money suing people. Look at the list enviro lawsuits, class action lawsuits, the whole gamut.

Over 16 years of experience in complex litigation, beginning in the Orange County Office of Gibson, Dunn & Crutcher, LLP. Accomplished writer and advocate on issues of first impression in the California Courts of Appeals and the California Supreme Court. Currently practicing as an Environmental and Consumer Protection prosecutor for the Orange County District Attorney’s Office, handling high profile civil and criminal prosecutions involving unlawful business practices, false advertising, unlicensed practices, workplace safety violations, labor violations, public nuisance, unlawful prescribing and narcotic pill dealing, predatory towing, environmental pollution and compliance. Also skilled in Nonprofit Management, Legislative Policy and Public Administration.

Research indicates that less than 10% of her action is prosecution. (It is just enough for her to make the misleading claim that she is some sort of criminal prosecutor)

Kelly Ernby sues businesses for a living, period. She wants to bring her 16 years as a trail lawyer in to the assembly. I have a problem with that and you should too. I support Tort reform and it appears that she has had a field day lighting people up for all kinds of stuff.

If you’re frustrated over the “Whistleblowers” targeting the President – realize that Kelly Ernby used to be a go-to attorney for so-called whistleblowers. This is not a good look for the GOP at all.

It has been my experience over the years that 90+% of whistleblower complaints have been politically or personally motivated and are suspect at best. It has also been my experience that a ton of Government lawsuits targeting businesses get shredded or tossed.

Diane Dixon? Not only does she have #EMPTYERNBY buried in fundraising, endorsements and name ID – she is (drumroll) a seasoned business executive. Kelly Ernby would only recognize a business as a target.

Diane has been an active member on several philanthropic community-based boards of directors for nearly four decades, including United Way Orange County, YMCA, public television, USC Board of Councilors and Alumni Association, educational institutions, child service agencies, and health-related organizations.

During her 40-year business career, she spent 30 years as a senior executive at a Fortune 300 public company, where she was responsible for the company’s global communications, marketing communications, and corporate philanthropy. She managed the intersection of business and government, forging connections among business, government, communities and nonprofit organizations.

While Ernby has made a career as a trial lawyer suing businesses, she has never held office.

Diane Dixon is in her second term as mayor of Huntington Beach.

Diane Dixon – qualified. Kelly Ernby – Empty…

To Be Continued…

Oct 232019

So, as your intrepid blogger is doing research on the spoiler candidate #EMPTYERNBY #KELLYEMPTY #4%KELLY take your pick, we are discovering that she is not the conservative her crew says she is.

In fact, it appears to your intrepid blogger that the people pulling her strings care more about the Tony Rackauckas versus Todd Spitzer feud. I live 400 Miles away from the northern edge of Orange County and could care less about turf wars. What I see is an empty shell being manipulated by so-called power brokers whose only function is to drain resources off of the best positioned and qualified candidate in the AD-74 Race. Period.

When Tony Rackauckas’ crew vetted Kelly Ernby, did they understand she is #EMPTYERNBY – or was her apparent lack of principle one of the primary reasons they picked her?

Did they realized that she interned for a Clinton Appointed Social Justice Warrior Judge? That would be like Fred Whitaker being an attorney for Mark Levin or walking precincts for Katie Porter. (Maybe he is, who knows…)

Google Napoleon Jones yourself, you will see that he has a storied history of concocting law from his bench.

So, now we have some more context for the seemingly innocent endorsement of have sex with anything, do drugs libertine lifestyle facebook post that #KELLYEMPTY’s handlers forgot to scrub off of the internet.

Note: Freedom without responsibility is anarchy.

Kelly Ernby is trying to organize, as her handlers went out and twisted the 21 signatures necessary to institute a lame attempt to block an OCGOP Endorsement of Diane Dixon (as even they know they have zero chance of getting to 2/3). Will the Orange County Republican Party let a trial lawyer that makes thousands, if not hundreds of thousands off the backs of taxpayers suing businesses for a living block an endorsement? That’s right, Ernby brags about her background destroying businesses all over her social media.

Not only is Ernby failing to gain critical endorsements, some of her current endorsers are hedging their bets and she is struggling to gain any traction with institutional donors. It is time for Ernby to drop out.

Kelly Ernby is not ready for Prime-Time.

P.S. As I continue to look for reasons why a candidate that is getting no traction is continuing to fight an uphill battle against a clearly superior foe:

There is a second interesting Sidebar, Vincent Fong has endorsed Kelly Ernby and Shannon Grove has endorsed Diane Dixon. Fong and Grove are both from the “Kevin McCarthy Machine” in Kern County. Right now, Grove is the Senate Permanent Minority leader and Vincent Fong missed being Permanent Minority Leader in the Assembly by a slim margin (possibly Bill Brough’s vote). There is a school of thought that Kevin McCarthy may get run out on a rail if the GOP does not re-take the house – this would be an obvious nexus for a Fong vs Grove proxy war as a congressional seat is about as far as a Republican can go in California. 


Oct 182019

#EMPTYERNBY needs to go to candidate finishing school. (She is in the blue in this photo) (NOTE: AD-74 = California Assembly District 74)

I am not sure if her campaign managers have been working with her on the basics of a campaign for assembly or not. Generally, if running as a Republican, it is not advisable to pose for pictures with cardboard cutouts of famous liberal democrats. It is also not advisable to tell the OCGOP that you intend to take money from unions. It is a hard and fast rule in their bylaws that candidates who take union money are DQ’ed from endorsements.

Ernby, to her credit – told the truth on her questionnaire. She is almost 100% dependent on trial lawyer contributions and contributions from elements loyal to Tony Rackauckas. When at said OCGOP endorsement committee meeting, she had to play clean up on aisle 9 and flip-flop off of her declared intention to rake in campaign cash from government employee unions. (aka Gubmint yooooonyuns)

I wonder if the so-called conservatives that recruited Kelly Ernby understood she is a social liberal when they recruited her? Or, perhaps this was more about an extension of the Rackauckas vs Spitzer feud? Why did her campaign managers allow the questionnaire to go out with these blatant screw ups?

There are reasons why Kelly Ernby is struggling to raise money and endorsements outside the lawyer bubble. There are also reasons why she is polling at 4%.

Smoke a Bowl while you’re at it Kelly.

I am not sure where her campaign crew were in the vetting process, but it should not be this easy to find photos like these of Kelly Ernby. This does underscore the stark contrast between Ernby and her opponent, Mayor Diane Dixon.

Dixon is experienced, well known and well respected. It is possible that eventually, given time Ernby can be the same. That time is not now. Living a libertine lifestyle while being employed as a trial lawyer by the County of Orange is not the platform from which to run for office.

The Orange County GOP has an important decision to make on Monday Night. The inertia of some who want to just go “No Endorsement” to avoid conflict has to be smashed. A “No Endorsement” vote is the same as a vote for all of the above.

We all know that Diane Dixon is the adult in the room, the most qualified and the best positioned by far in AD-74.

This is a perfect opportunity for the OCGOP to demonstrate political and moral clarity with a vote to endorse Diane Dixon as Kelly Ernby is simply not ready to do the job.

Oct 152019

If you’ve read this blog for any length of time – you have read me trashing the OCGOP for their refusal to take strong stands on much of anything. One of my particular issues with them is fealty to incumbents and refusing to take a position on contested primaries.

Apparently, even the weak leadership of the OCGOP was so taken with Kelly Ernby that they did the following:

The OCGOP Endorsement Committee by a vote of 5-1 recommended Diane Dixon for endorsement.

The OCGOP Endorsement Committee by a vote of 5-1 recommended a non-endorsement of #KELLYEMPTY


I have also been told that the remnant of Tony Rackauckas crew ran a last minute frenetic drill to qualify #EMPTYERNBY for the OCGOP Endorsement not because they believed she could get it – but that the presence of two qualified candidates would scuttle the endorsement for Diane Dixon.


We here at the Right on Daily Blog believe that reality needs to set in. Typically there is a period where one must grieve the loss before acceptance sets in.

Apparently, Ms. Ernby has a coping mechanism already lined up…