Disclosure dispute takes center stage in suit involving two San Manuel members

June 20--SAN BERNARDINO -- Attorneys in a civil lawsuit stemming from a murder conspiracy case involving two San Manuel tribal members are quarrelling over the disclosure of the tribal members' financial information in the upcoming punitive damages phase of the trial.

San Bernardino Superior Court Judge Michael A. Smith today will consider motions filed by attorneys for both the plaintiff, Leonard Epps, and the defendants, Stacy Nunez-Barajas, 31, of Rancho Cucamonga and her brother, Erik Barajas, 41, of San Diego.

Attorneys for both sides are demanding that Smith impose sanctions of $11,192.50 against the other. The punitive damages phase of the trial has yet to be scheduled.

Epps' attorney, Frank Peterson, argues in his motion that attorney Joseph Arias advised the Barajases to shun Smith's prior two orders to produce their financial information so that a jury could decide what, if any, in punitive damages they must pay to Epps.

Arias, therefore, should pay $11,192.50 in sanctions, Peterson argues in his motion.

In his rebuttal, Arias claims his clients complied with Smith's orders, and that Peterson filed a frivolous motion with the court. Peterson, therefore, should pay $11,192.50 for filing a frivolous motion and attempting to "harass and intimidate" his clients, Arias argues in his motion.

Epps sued the Barajases in 2008 after learning the two hatched a murder plot against him with high ranking members of the Mexican Mafia. The murder conspiracy, which was orchestrated following a run-in Epps had with Erik Barajas at the now-defunct Brass Key bar in Highland, was discovered during a 2006 criminal investigation by San Bernardino police and the Drug Enforcement Administration into the Mexican Mafia's methamphetamine racket in San Bernardino.

The Barajases and two co-defendants who are also siblings -- Salvador and Alfred Hernandez -- struck plea bargains with county prosecutors and were convicted on various charges in the case.

In the monthlong first phase of the civil trial last year, a jury awarded Epps $4.5 million in compensatory damages. Now, a second jury will decide punitive damages.

Peterson said the Barajases have failed to provide essential financial records to determine their net worth, including a list of their personal assets and stock holdings and copies of their insurance policies and tax returns.

"They're refusing to comply with court orders. There's nothing frivolous about that," Peterson said.

Peterson is asking that the Barajases, due to their failure to produce their financial records, should not be permitted to contest any punitive damages award amount requested by Epps.

Arias contests all of Peterson's claims, calling them "flat out false."

Since her conviction, Stacy Nunez-Barajas' monthly allowance from the tribe was cut in half -- from $100,000 to $50,000, 39 percent of which is withheld in federal taxes. The tribe also fined her $400,000, $100,000 for each of the four offenses she was convicted of. She owns two houses in Rancho Cucamonga valued at $600,000 each and had to take a $700,000 loan from the tribe for her legal expenses, Arias said.

As for Erik Barajas, he is currently paying on a house in San Diego valued at $2 million, Arias said.

They may not be destitute, but the Barajases certainly aren't as rich as Peterson and Epps make them out to be, Arias said.

"It's not like there are offshore accounts and money buried in coffee cans. These people have disclosed all their assets and income," Arias said.

"They're looking for a substantial amount of money, on top of the verdict in which they already have $4.5 million."

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