Asthma coronary at camp
Transferred to Judge Judith Hayes (?!)
from Judge Quinn
Sanchez v. SDCOE
10/10/08 10:30AM C-68
Hayes, Judith F.
Summary Judgment GIC880054
D)McCabe Union School Distr
D)San Diego County Office of Education
Daniel R. Shinoff
12/18/07 01:30PM C-74
Quinn, Linda B.
Demurrer / Moti GIC880054
D)McCabe Union School Distr
DANIEL R. SHINOFF
D)San Diego County Office of Education
DANIEL R. SHINOFF
Case Title: SANCHEZ VS
SAN DIEGO COUNTY OFFICE OF EDUCATION
Case Number: GIC880054
Case Location: San Diego
Case Type: Civil
Date Filed: 02/13/2007
Category: CU-PO PI/PD/WD - Other
Plaintiff/Petitioner
SANCHEZ OCTAVIO P
SANCHEZ VIRGINIA
Defendant/Respondent
SAN DIEGO COUNTY
OFFICE OF EDUCATION
CAMP DENVER C FOX
MCCABE UNION SCHOOL DISTRICT
Transferred to Judge Judith Hayes (?!)
from Judge Quinn
Sanchez v. SDCOE
10/10/08 10:30AM C-68
Hayes, Judith F.
Summary Judgment GIC880054
D)McCabe Union School Distr
D)San Diego County Office of Education
Daniel R. Shinoff
12/18/07 01:30PM C-74
Quinn, Linda B.
Demurrer / Moti GIC880054
D)McCabe Union School Distr
DANIEL R. SHINOFF
D)San Diego County Office of Education
DANIEL R. SHINOFF
Case Title: SANCHEZ VS
SAN DIEGO COUNTY OFFICE OF EDUCATION
Case Number: GIC880054
Case Location: San Diego
Case Type: Civil
Date Filed: 02/13/2007
Category: CU-PO PI/PD/WD - Other
Plaintiff/Petitioner
SANCHEZ OCTAVIO P
SANCHEZ VIRGINIA
Defendant/Respondent
SAN DIEGO COUNTY
OFFICE OF EDUCATION
CAMP DENVER C FOX
MCCABE UNION SCHOOL DISTRICT
North County
C) MIRA COSTA COLLEGE
DANIEL R. SHINOFF
12/14/07 01:30PM N-27
Stern, Jacqueline M.
Demurrer / Moti GIN058018
C) MIRA COSTA COLLEGE
DANIEL R. SHINOFF
12/14/07 01:30PM N-27
Stern, Jacqueline M.
Demurrer / Moti GIN058018
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01/25/08 01:30PM N-30
Nugent, Thomas P.
37-2007-00055219-CU-WM-NC
D) Miracosta Community College
DANIEL R. SHINOFF
Nugent, Thomas P.
37-2007-00055219-CU-WM-NC
D) Miracosta Community College
DANIEL R. SHINOFF
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| Deposition of Ray Artiano by the author of this website (with Dan Shinoff acting as Artiano's counsel) |
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| March 18, 2005 Lawsuit against Escondido school district set for trial By: Scott Marshall North County Times VISTA ---- A lawsuit that alleges two autistic students in the Escondido Union School District were battered by a teacher is scheduled to go to trial April 1, an attorney for the school district confirmed late Thursday. The case involves two students, ages 4 and 5 at the time, and alleges the children were battered while they were students at the Nicolaysen Center, a school for special-education students, said Daniel Shinoff, the district's attorney. Andrea Leavitt, an attorney for the students and their families, could not be reached for comment late Thursday afternoon. Shinoff said the school district denies the allegations and believes the case involves a misunderstanding "that's been blown way out of proportion." |
Poway High student sues
RBHS principal, school district
By: SCOTT MARSHALL
May 2, 2005
VISTA ---- A Poway High School student has filed
a lawsuit alleging the principal and an assistant
principal at Rancho Bernardo High School
assaulted and battered him at a basketball game
between the two schools.
Mario DiNunzio, described in the lawsuit as an
18-year-old who was a minor and a Poway High
student at the time of the alleged incident, is
seeking an unspecified amount of money from
the Poway Unified School District, Rancho
Bernardo High School Principal Jeffrey King,
and Robert Speights, an assistant
principal at the school...
The school district's
communications director, Sharon
Raffer, referred questions to the
district's attorney, Daniel Shinoff,
who said the school administrators
have a "very, very different
perspective" about what happened.
"I believe that when the facts come out,
it will be very much different than what
the family believes occurred," said
Shinoff, who declined to comment
further on the case...
The lawsuit alleges that King and Speights
confronted DiNunzio when he entered the gym
and told him to leave.
King and Speights then questioned DiNunzio and
kept him from leaving, the lawsuit alleges...
The lawsuit alleges King and Speights grabbed
DiNunzio by his clothes and threw him to the
ground "without provocation." The force of the
alleged battery caused DiNunzio's back to hit a
drinking fountain, the lawsuit alleges.
RBHS principal, school district
By: SCOTT MARSHALL
May 2, 2005
VISTA ---- A Poway High School student has filed
a lawsuit alleging the principal and an assistant
principal at Rancho Bernardo High School
assaulted and battered him at a basketball game
between the two schools.
Mario DiNunzio, described in the lawsuit as an
18-year-old who was a minor and a Poway High
student at the time of the alleged incident, is
seeking an unspecified amount of money from
the Poway Unified School District, Rancho
Bernardo High School Principal Jeffrey King,
and Robert Speights, an assistant
principal at the school...
The school district's
communications director, Sharon
Raffer, referred questions to the
district's attorney, Daniel Shinoff,
who said the school administrators
have a "very, very different
perspective" about what happened.
"I believe that when the facts come out,
it will be very much different than what
the family believes occurred," said
Shinoff, who declined to comment
further on the case...
The lawsuit alleges that King and Speights
confronted DiNunzio when he entered the gym
and told him to leave.
King and Speights then questioned DiNunzio and
kept him from leaving, the lawsuit alleges...
The lawsuit alleges King and Speights grabbed
DiNunzio by his clothes and threw him to the
ground "without provocation." The force of the
alleged battery caused DiNunzio's back to hit a
drinking fountain, the lawsuit alleges.
Shinoff almost got this case thrown out a
year ago, but it's still going on in March
2009:
03/25/09 08:30AM E-15
Halgren, Laura W.
Hearing on Peti GIE036447
D)LAKESIDE UNION SCHOOL DIS
Daniel R. Shinoff
East County
02/08/08 09:00AM E-15 CV
Halgren, Laura W.
Motion Hearing GIE036447
D)LAKESIDE UNION SCHOOL DIS
DANIEL R. SHINOFF
TENTATIVE RULINGS -
February 07,2008
02/08/2008
Medical Malpractice
HEDRICK VS LAKESIDE UNION SCHOOL DISTRICT
The Court grants Defendant...Motion for Terminating
Sanctions.
Lakeside Union School District filed motions to
compel responses to written discovery and a motion
establishing admissions on August 21, 2007. No
opposition was received. The motions were granted by
the Court on September 14, 2007 and sanctions were
ordered in the amount of $1488... This motion for
terminating sanctions was filed on 1/16/07 and a proof
of service has been filed. Plaintiff has not filed
opposition papers by the due date of 1/28/08...
year ago, but it's still going on in March
2009:
03/25/09 08:30AM E-15
Halgren, Laura W.
Hearing on Peti GIE036447
D)LAKESIDE UNION SCHOOL DIS
Daniel R. Shinoff
East County
02/08/08 09:00AM E-15 CV
Halgren, Laura W.
Motion Hearing GIE036447
D)LAKESIDE UNION SCHOOL DIS
DANIEL R. SHINOFF
TENTATIVE RULINGS -
February 07,2008
02/08/2008
Medical Malpractice
HEDRICK VS LAKESIDE UNION SCHOOL DISTRICT
The Court grants Defendant...Motion for Terminating
Sanctions.
Lakeside Union School District filed motions to
compel responses to written discovery and a motion
establishing admissions on August 21, 2007. No
opposition was received. The motions were granted by
the Court on September 14, 2007 and sanctions were
ordered in the amount of $1488... This motion for
terminating sanctions was filed on 1/16/07 and a proof
of service has been filed. Plaintiff has not filed
opposition papers by the due date of 1/28/08...
Shinoff Federal in Feb. 2008 3:07-cv-00049-W-CAB Roberts et al v. Ramona Unified School District et al filed 01/05/07 3:07-cv-00714-L-WMC Ollier et al v. Sweetwater Union High School District et al filed 04/19/07 3:07-cv-01978-LAB-CAB To et al v. Poway Unified School District et al filed 10/12/07 |
| Presiding Judge So, Kenneth K. Ex Parte GIC840369 D) JOHN PITARRESI DANIEL R. SHINOFF 11/15/06 09:00AM SD-4 BOLLMAN Sp Setl Conf GIC840369 D)PITARRESI SHINOFF |
LEBLANC VS POWAY UNIFIED SCHOOL
DISTRICT
Central
02/29/08 09:00AM C-75
Strauss, Richard E. L.
Civil Jury Trial
GIC 777812
D)POWAY UNIFIED SCHOOL DISTRICT
D)THOMAS [TOM] COLE
DANIEL R. SHINOFF
DISTRICT
Central
02/29/08 09:00AM C-75
Strauss, Richard E. L.
Civil Jury Trial
GIC 777812
D)POWAY UNIFIED SCHOOL DISTRICT
D)THOMAS [TOM] COLE
DANIEL R. SHINOFF
1) Dan Shinoff, Rick
Rinnear and SDCOE
GIE019680
P) RICK RINEAR
Daniel R. Shinoff
Was this work by Daniel Shinoff
a reward for SDCOE-JPA's giving
most of its cases to Shinoff?
Rinnear and SDCOE
GIE019680
P) RICK RINEAR
Daniel R. Shinoff
Was this work by Daniel Shinoff
a reward for SDCOE-JPA's giving
most of its cases to Shinoff?
P) RICK RINEAR
DANIEL R. SHINOFF
03/03/08 01:30 PM E-21 Settlement
Conf GIE019680
DANIEL R. SHINOFF
03/03/08 01:30 PM E-21 Settlement
Conf GIE019680
CHRISTEIN HUMPREY VS. CHULA VISTA
ELEMENTARY SCHOOL DISTRICT
Case Number: 37-2007-00069969-CU-PO-SC
Case Location: South County
Date Filed: 07/30/2007
Category: CU-PO PI/PD/WD - Other
Plaintiff/Petitioner
HUMPREY CHRISTEIN
ELEMENTARY SCHOOL DISTRICT
Case Number: 37-2007-00069969-CU-PO-SC
Case Location: South County
Date Filed: 07/30/2007
Category: CU-PO PI/PD/WD - Other
Plaintiff/Petitioner
HUMPREY CHRISTEIN
| 04/04/08 09:00AM E-15 Halgren, Laura W. Demurrer / Moti 37-2008-00061228-CU-PO-EC D)Cajon Valley Union High Daniel R. Shinoff |
Central
07/18/08 09:00AM C-69
Hearing on Peti
05/13/08 08:30AM C-69
04/18/08 09:00AM C-69
Judge: Barton, Jeffrey B.
Demurrer / Motion
37-2008-00075692-CU-WM-CTL
R) Fallbrook Union Elementary
R) James Whitlock
R) Janice Schultz, Ed. D.
http://www.agcsd.org/localagency/agencyviewer.php?l=58
SUPERINTENDENT: Dr. Janice Schultz
jschultz@fuesd.k12.ca.us
Counsel: Daniel R. Shinoff
10/07/08 08:30AM C-61
03/28/08 10:15AM
Meyer, John S.
OSC - Failure t
37-2007-00084374-CU-OE-CTL
D) FALLBROOK UNION HIGH SCHOOL
Daniel R. Shinoff
03/27/09 08:30AM N-07
Hearing on Rest
37-2009-00052146-CU-HR-NC
P)Fallbrook Union High Scho
Daniel R. Shinoff
07/18/08 09:00AM C-69
Hearing on Peti
05/13/08 08:30AM C-69
04/18/08 09:00AM C-69
Judge: Barton, Jeffrey B.
Demurrer / Motion
37-2008-00075692-CU-WM-CTL
R) Fallbrook Union Elementary
R) James Whitlock
R) Janice Schultz, Ed. D.
http://www.agcsd.org/localagency/agencyviewer.php?l=58
SUPERINTENDENT: Dr. Janice Schultz
jschultz@fuesd.k12.ca.us
Counsel: Daniel R. Shinoff
10/07/08 08:30AM C-61
03/28/08 10:15AM
Meyer, John S.
OSC - Failure t
37-2007-00084374-CU-OE-CTL
D) FALLBROOK UNION HIGH SCHOOL
Daniel R. Shinoff
03/27/09 08:30AM N-07
Hearing on Rest
37-2009-00052146-CU-HR-NC
P)Fallbrook Union High Scho
Daniel R. Shinoff
Dept. 54 Superior Court of California
800 Ninth Street, 3rd Floor
Monday, July 02, 2007, 9:00 AM
Item 1306AS03820
GUAJOME PARK ACADEMY VS. SIA TECH ET
AL
Motion to Stay Litigation
Filed By: Mason, Joel B.
Defendants' motion to compel arbitration is denied.
The arbitration clause is limited to disputes arising
out of the interpretation of the contract between the
parties. The causes of action alleged in the
complaint do not relate to a dispute over
interpretation of the contract, but rather to the
duties of the individual defendants to plaintiff as
board members of plaintiff and other pre-contract
conduct. The only contract cause of action does not
relate to interpretation of the terms of the contract. The
Court cannot compel arbitration of claims exceeding
the scope of the parties' agreement. Medical Staff of
Doctors Medical Center in Modesto v. Kamil (2005)
132 Cal.App.4th 679, 683 (provision for arbitration of
disputes concerning terms of contract did not extend
to plaintiffs' defamation claims); Parker v. Twentieth
Century-Fox Film Corp. (1981) 118 Cal.App.3d 895,
904-905 (provision for arbitration of disputes related to
receipts and disbursements did not extend to causes
of action for usury, declaratory relief, fraud, fraud in the
inducement, breach of contract, rescission,
dissolution and winding up of joint venture)...
800 Ninth Street, 3rd Floor
Monday, July 02, 2007, 9:00 AM
Item 1306AS03820
GUAJOME PARK ACADEMY VS. SIA TECH ET
AL
Motion to Stay Litigation
Filed By: Mason, Joel B.
Defendants' motion to compel arbitration is denied.
The arbitration clause is limited to disputes arising
out of the interpretation of the contract between the
parties. The causes of action alleged in the
complaint do not relate to a dispute over
interpretation of the contract, but rather to the
duties of the individual defendants to plaintiff as
board members of plaintiff and other pre-contract
conduct. The only contract cause of action does not
relate to interpretation of the terms of the contract. The
Court cannot compel arbitration of claims exceeding
the scope of the parties' agreement. Medical Staff of
Doctors Medical Center in Modesto v. Kamil (2005)
132 Cal.App.4th 679, 683 (provision for arbitration of
disputes concerning terms of contract did not extend
to plaintiffs' defamation claims); Parker v. Twentieth
Century-Fox Film Corp. (1981) 118 Cal.App.3d 895,
904-905 (provision for arbitration of disputes related to
receipts and disbursements did not extend to causes
of action for usury, declaratory relief, fraud, fraud in the
inducement, breach of contract, rescission,
dissolution and winding up of joint venture)...
East County
04/03/08 09:00AM E-15
Halgren, Laura W.
Civil Jury Tria GIE019680
P)ANNE MANDERVILLE
P)RICK RINEAR
P)ROSEANN RINEAR
P)WILLIAM MANDERVILLE
Daniel R. Shinoff
04/03/08 09:00AM E-15
Halgren, Laura W.
Civil Jury Tria GIE019680
P)ANNE MANDERVILLE
P)RICK RINEAR
P)ROSEANN RINEAR
P)WILLIAM MANDERVILLE
Daniel R. Shinoff
South County
03/28/08 08:35AM S-04
Cannon, William S.
Demurrer / Moti
37-2007-00069969-CU-PO-SC
D)Chula Vista Elementary Sc
Daniel R. Shinoff
03/28/08 08:35AM S-04
Cannon, William S.
Demurrer / Moti
37-2007-00069969-CU-PO-SC
D)Chula Vista Elementary Sc
Daniel R. Shinoff
| Guajome Park Academy (part of VUSD) |
| Poway Unified School District |
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| Grossmont Cuyamaca Com. COLLEGE District |
04/25/08 01:30PM N-27
Stern, Jacqueline M.
SLAPP / SLAPPba and Demurrer
GIN058018
Stern, Jacqueline M.
SLAPP / SLAPPba and Demurrer
GIN058018
| Fallbrook |
| ESCONDIDO |
04/29/08 08:30AM N-27
Stern, Jacqueline M.
Ex Parte 37-2007-00052268-CU-OE-NC
D)Escondido Union High School
Daniel R. Shinoff
Stern, Jacqueline M.
Ex Parte 37-2007-00052268-CU-OE-NC
D)Escondido Union High School
Daniel R. Shinoff
04/25/08 09:30AM C-68 CV
Hayes, Judith F.
Civil Case Management
37-2007-00074942-CU-OE-CTL
P) Bruce Borad
Industrial Technology Computer Studies GUHSD
Author: Bruce Borad
Site: Chaparral High School
Description: First Robotics Web site home page Access
to lego, Vex and Premier robotic programs
Counsel: Fern Steiner
Tosdal, Smith, Steiner & Wax
Partner of Ann Smith
filed: 09/13/2007
Employment
D)Grossmont Union High School
Counsel: Daniel R. Shinoff
and Ryan Church
Mandatory Settlement Conference
Trial to be held in December 2008
____________________________
09/18/09 10:30AM C-68 CV Hayes, Judith F.
Motion Hearing 37-2007-00074942-CU-OE-CTL
D)Grossmont Union High Scho Daniel R Shinoff
Hayes, Judith F.
Civil Case Management
37-2007-00074942-CU-OE-CTL
P) Bruce Borad
Industrial Technology Computer Studies GUHSD
Author: Bruce Borad
Site: Chaparral High School
Description: First Robotics Web site home page Access
to lego, Vex and Premier robotic programs
Counsel: Fern Steiner
Tosdal, Smith, Steiner & Wax
Partner of Ann Smith
filed: 09/13/2007
Employment
D)Grossmont Union High School
Counsel: Daniel R. Shinoff
and Ryan Church
Mandatory Settlement Conference
Trial to be held in December 2008
____________________________
09/18/09 10:30AM C-68 CV Hayes, Judith F.
Motion Hearing 37-2007-00074942-CU-OE-CTL
D)Grossmont Union High Scho Daniel R Shinoff
Central
08/07/09 10:00AM C-75
Strauss, Richard E. L.
Civil Case Mana
37-2009-00085480-CU-BC-CTL
D)SAN DIEGUITO UNION HIGH S
Daniel R Shinoff
05/02/08 02:15PM C-73 CV
Denton, Steven R.
OSC - Failure t
37-2008-00075843-CU-OE-CTL
D)San Dieguito Union High S
Daniel R. Shinoff
Central
06/27/08 02:15PM C-73 CV Denton,
Steven R. OSC - Failure t
D)San Dieguito Union High S
Daniel R. Shinoff
08/07/09 10:00AM C-75
Strauss, Richard E. L.
Civil Case Mana
37-2009-00085480-CU-BC-CTL
D)SAN DIEGUITO UNION HIGH S
Daniel R Shinoff
05/02/08 02:15PM C-73 CV
Denton, Steven R.
OSC - Failure t
37-2008-00075843-CU-OE-CTL
D)San Dieguito Union High S
Daniel R. Shinoff
Central
06/27/08 02:15PM C-73 CV Denton,
Steven R. OSC - Failure t
D)San Dieguito Union High S
Daniel R. Shinoff
07/01/08 10:30AM E-21Settlement
05/07/08 01:30PM E-21 Settlement
GIE036454
D)JOSE ISREAL QUINONES
D)NATIONAL SCHOOL DISTRICT
East County Courthouse
Daniel R. Shinoff
Date Filed: 02/15/2007
Category: CU-PA
PI/PD/WD - Auto
SCHILLACI JOSEPH F P
Central
11/14/07 08:30AM C-61
Ex Parte GIC879420
C)NATIONAL SCHOOL DISTRICT
DANIEL R. SHINOFF
05/07/08 01:30PM E-21 Settlement
GIE036454
D)JOSE ISREAL QUINONES
D)NATIONAL SCHOOL DISTRICT
East County Courthouse
Daniel R. Shinoff
Date Filed: 02/15/2007
Category: CU-PA
PI/PD/WD - Auto
SCHILLACI JOSEPH F P
Central
11/14/07 08:30AM C-61
Ex Parte GIC879420
C)NATIONAL SCHOOL DISTRICT
DANIEL R. SHINOFF
AUSTIN VS MIRA COSTA COLLEGE
Case Number: GIN058018
North County
Filed: 12/28/2006
Category: CU-WT Wrongful Termination
Plaintiff/Petitioner
AUSTIN KAREN P
HATOFF JULIE P
KRASKOUSKAS EILEEN
RICHART VICTORIA MUNOZ
Defendant/Respondent
RIGGS TERRY P
MIRA COSTA COLLEGE
Case Number: GIN058018
North County
Filed: 12/28/2006
Category: CU-WT Wrongful Termination
Plaintiff/Petitioner
AUSTIN KAREN P
HATOFF JULIE P
KRASKOUSKAS EILEEN
RICHART VICTORIA MUNOZ
Defendant/Respondent
RIGGS TERRY P
MIRA COSTA COLLEGE
LEON JAMES PAGE VS. MIRACOSTA COMMUNITY COLLEGE
DISTRICT
Case Number: 37-2007-00055219-CU-WM-NC
Location: North County
Date Filed: 08/08/2007
Category: CU-WM Writ of Mandate
Plaintiff/Petitioner
PAGE LEON JAMES
Defendant/Respondent
MIRACOSTA COMMUNITY COLLEGE DISTRICT
RICHART, DR VICTORIA MUNOZ
DISTRICT
Case Number: 37-2007-00055219-CU-WM-NC
Location: North County
Date Filed: 08/08/2007
Category: CU-WM Writ of Mandate
Plaintiff/Petitioner
PAGE LEON JAMES
Defendant/Respondent
MIRACOSTA COMMUNITY COLLEGE DISTRICT
RICHART, DR VICTORIA MUNOZ
Central 05/09/08 10:00AM C-71
Prager, Ronald S
Summary Judgment
GIC871766
D)CAJON VALLEY UNION SCHOOL
Daniel R. Shinoff
Court ruling: "The motion is continued to May 20, 2008..."
[M.L. note: I suspect that the judge would like to see this
case settled. The decision has been delayed twice. My
advice to CVUSD is do the right thing, not what Daniel
Robert Shinoff advises.]
Judge Prager found in favor of the school
district, but his decision was overturned on
appeal.
Eric M. v. Cajon Valley Union School District
Filed 5/20/09 Certified for Publication 5/27/09
COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIV 1
D053534 (Super. Ct. No. GIC871766)
APPEAL from a judgment of the Superior Court
of San Diego County, Ronald S. Prager, Judge.
Reversed.
Plaintiff and appellant Eric M. (Eric), by and through his
guardian ad litem, Gloria M., brought this action against
defendant and respondent Cajon Valley Union School
District (the District), alleging that his injuries from being
hit by a car were proximately caused by the District’s
failure to supervise adequately the process of his
dismissal from school and anticipated school bus ride
home. After six-year-old Eric boarded but then
immediately left the school bus (telling the bus driver he
saw his father’s car), shortly after school had ended for
the day, he started walking to the bus stop where he
thought his mother would pick him up, but was hit by a
car as he crossed the street.
Eric appeals from a judgment of dismissal
entered against him after the trial court granted
the District’s motion for summary judgment,
and denied Eric’s motion for summary adjudication on
the existence of an affirmative duty not to let him off the
bus under those circumstances. The trial court’s ruling to
grant the District’s summary judgment motion was based
on its analysis of duty and immunity under Education
Code section 44808, under the circumstances of a
student being injured by being struck by a car, after
school and off campus.
The court concluded the District owed Eric no
duty, as of the time of his injuries, to provide
him safe transportation under its transportation
safety plan (TSP). (§ 39831.3, Gov. Code, § 815.)
On appeal, Eric argues the trial court erroneously
determined as a matter of law that the District owed him
no duty of reasonable care during the events leading up
to his injuries ..
We agree with Eric that, as a matter of law, and under
existing authorities, the trial court incorrectly determined
the District did not owe Eric a duty of reasonable care at
the relevant times during these events. (Hoyem v.
Manhattan Beach City School District (1978) 22 Cal.3d
508 (Hoyem).) Moreover,
triable material issues of fact remain regarding
the extent and manner of performance of that
duty, and the summary judgment and underlying
summary adjudication ruling must be reversed.
Prager, Ronald S
Summary Judgment
GIC871766
D)CAJON VALLEY UNION SCHOOL
Daniel R. Shinoff
Court ruling: "The motion is continued to May 20, 2008..."
[M.L. note: I suspect that the judge would like to see this
case settled. The decision has been delayed twice. My
advice to CVUSD is do the right thing, not what Daniel
Robert Shinoff advises.]
Judge Prager found in favor of the school
district, but his decision was overturned on
appeal.
Eric M. v. Cajon Valley Union School District
Filed 5/20/09 Certified for Publication 5/27/09
COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIV 1
D053534 (Super. Ct. No. GIC871766)
APPEAL from a judgment of the Superior Court
of San Diego County, Ronald S. Prager, Judge.
Reversed.
Plaintiff and appellant Eric M. (Eric), by and through his
guardian ad litem, Gloria M., brought this action against
defendant and respondent Cajon Valley Union School
District (the District), alleging that his injuries from being
hit by a car were proximately caused by the District’s
failure to supervise adequately the process of his
dismissal from school and anticipated school bus ride
home. After six-year-old Eric boarded but then
immediately left the school bus (telling the bus driver he
saw his father’s car), shortly after school had ended for
the day, he started walking to the bus stop where he
thought his mother would pick him up, but was hit by a
car as he crossed the street.
Eric appeals from a judgment of dismissal
entered against him after the trial court granted
the District’s motion for summary judgment,
and denied Eric’s motion for summary adjudication on
the existence of an affirmative duty not to let him off the
bus under those circumstances. The trial court’s ruling to
grant the District’s summary judgment motion was based
on its analysis of duty and immunity under Education
Code section 44808, under the circumstances of a
student being injured by being struck by a car, after
school and off campus.
The court concluded the District owed Eric no
duty, as of the time of his injuries, to provide
him safe transportation under its transportation
safety plan (TSP). (§ 39831.3, Gov. Code, § 815.)
On appeal, Eric argues the trial court erroneously
determined as a matter of law that the District owed him
no duty of reasonable care during the events leading up
to his injuries ..
We agree with Eric that, as a matter of law, and under
existing authorities, the trial court incorrectly determined
the District did not owe Eric a duty of reasonable care at
the relevant times during these events. (Hoyem v.
Manhattan Beach City School District (1978) 22 Cal.3d
508 (Hoyem).) Moreover,
triable material issues of fact remain regarding
the extent and manner of performance of that
duty, and the summary judgment and underlying
summary adjudication ruling must be reversed.
Central
05/30/08 09:00AM C-61 CV
Meyer, John S. Civil
Case Mana
37-2007-00084374-CU-O
E-CTL D)FALLBROOK
UNION HIGHSCHOO
Daniel R. Shinoff
05/30/08 02:15PM C-73 CV
Denton, Steven R. OSC
- Failure t
37-2008-00075843-CU-O
E-CTL D)San Dieguito
Union High S Daniel R.
Shinoff
05/30/08 02:15PM C-73 CV
Denton, Steven R. OSC
- Other
37-2008-00075843-CU-O
E-CTL D)San Dieguito
Union High S
Daniel R. Shinoff
05/30/08 09:00AM C-61 CV
Meyer, John S. Civil
Case Mana
37-2007-00084374-CU-O
E-CTL D)FALLBROOK
UNION HIGHSCHOO
Daniel R. Shinoff
05/30/08 02:15PM C-73 CV
Denton, Steven R. OSC
- Failure t
37-2008-00075843-CU-O
E-CTL D)San Dieguito
Union High S Daniel R.
Shinoff
05/30/08 02:15PM C-73 CV
Denton, Steven R. OSC
- Other
37-2008-00075843-CU-O
E-CTL D)San Dieguito
Union High S
Daniel R. Shinoff
| MIRACOSTA COLLEGE |
| OTHER MIRACOSTA CASES |
06/06/08 11:00AM N-27
Stern, Jacqueline M. GIN058018
C)MIRACOSTA COMMUNITY COLLEGE
Daniel R. Shinoff
Stern, Jacqueline M. GIN058018
C)MIRACOSTA COMMUNITY COLLEGE
Daniel R. Shinoff
Central
06/19/08 08:30AM C-73
Ex Parte
37-2007-00073427-CU-P
O-CTL
D)La Mesa-Spring Valley Sch
Daniel R. Shinoff
North County
06/20/08 01:30PM N-28 CV
Orfield, Michael B.
Motion Hearing
37-2007-00056605-CU-P
A-NC
D)San Dieguito Union High S
Daniel R. Shinoff
06/20/08 01:30PM N-31 CV
Guy-Schall, Lisa
Demurrer / Moti
37-2008-00052609-CU-W
M-NC R)Solana Beach
School Distr
Daniel R. Shinoff
06/19/08 08:30AM C-73
Ex Parte
37-2007-00073427-CU-P
O-CTL
D)La Mesa-Spring Valley Sch
Daniel R. Shinoff
North County
06/20/08 01:30PM N-28 CV
Orfield, Michael B.
Motion Hearing
37-2007-00056605-CU-P
A-NC
D)San Dieguito Union High S
Daniel R. Shinoff
06/20/08 01:30PM N-31 CV
Guy-Schall, Lisa
Demurrer / Moti
37-2008-00052609-CU-W
M-NC R)Solana Beach
School Distr
Daniel R. Shinoff
San Diego County Office of Education (SDCOE)
Stutz, Artiano Shinoff & Holtz
East County
06/24/08 08:30AM E-15 CV Halgren,
Laura W. Ex Parte
GIE036576 D)RAMONA
UNIFIED SCHOOL DIS Daniel R.
Shinoff
06/27/08 10:00AM E-15 CV Halgren,
Laura W. Trial Readiness
GIE036576 D)RAMONA
UNIFIED SCHOOL DIS
Daniel R. Shinoff
06/24/08 08:30AM E-15 CV Halgren,
Laura W. Ex Parte
GIE036576 D)RAMONA
UNIFIED SCHOOL DIS Daniel R.
Shinoff
06/27/08 10:00AM E-15 CV Halgren,
Laura W. Trial Readiness
GIE036576 D)RAMONA
UNIFIED SCHOOL DIS
Daniel R. Shinoff
| Cajon Valley |
| Grossmont Union High School District |
10/09/08 08:30AM C-73
Ex Parte Central
02/08/08 01:30PM
Denton, Steven R.
Civil Case Mana
37-2007-00073427-CU-PO-CTL
D)La Mesa-Spring Valley Sch
DANIEL R. SHINOFF
Ex Parte Central
02/08/08 01:30PM
Denton, Steven R.
Civil Case Mana
37-2007-00073427-CU-PO-CTL
D)La Mesa-Spring Valley Sch
DANIEL R. SHINOFF
| Lakeside Union School District |
06/27/08 10:30AM E-15
Halgren, Laura W.
Case Mana GIE036447
D)LAKESIDE UNION SCHOOL DIS
Daniel R. Shinoff
Halgren, Laura W.
Case Mana GIE036447
D)LAKESIDE UNION SCHOOL DIS
Daniel R. Shinoff
| Mountain Empire School District |
Shinoff is still fighting the Tucker case in
March 2009:
03/27/09 11:10AM E-14 CV Sturgeon, Eddie C
Status Conferen GIE036946
P) CHARLES JOSEPH TUCKER JR
D) BRANNEN JAN
GOVERNING BOARD OF THE GROSSMONT UNION
HIGH SCHOOL DISTRICT
PATTERSON SCOTT
RYAN TERRY
SONNICH STEVEN
Daniel R. Shinoff
RELATED CASE:
P) CHARLES JOSEPH TUCKER JR
03/27/09 11:10AM E-14
Status Conferen GIE029351
04/04/08 11:00AM E-14 Sturgeon, Eddie C
Status Conferen GIE029351
D)GROSSMONT UNION HIGH SCHOOL
DISTRICT
D)ROBERT CORNELIUS
D)STEVEN SONNICH
D)TERRY RYAN
Daniel R. Shinoff
March 2009:
03/27/09 11:10AM E-14 CV Sturgeon, Eddie C
Status Conferen GIE036946
P) CHARLES JOSEPH TUCKER JR
D) BRANNEN JAN
GOVERNING BOARD OF THE GROSSMONT UNION
HIGH SCHOOL DISTRICT
PATTERSON SCOTT
RYAN TERRY
SONNICH STEVEN
Daniel R. Shinoff
RELATED CASE:
P) CHARLES JOSEPH TUCKER JR
03/27/09 11:10AM E-14
Status Conferen GIE029351
04/04/08 11:00AM E-14 Sturgeon, Eddie C
Status Conferen GIE029351
D)GROSSMONT UNION HIGH SCHOOL
DISTRICT
D)ROBERT CORNELIUS
D)STEVEN SONNICH
D)TERRY RYAN
Daniel R. Shinoff
| VISTA UNIFIED SCHOOL DISTRICT vs Dr. B.J. FREEMAN Case Number: GIN035902 Location: North County Case Type: Civil Date Filed: 03/04/2004 Category: A60304 Breach of Contract VISTA UNIFIED SCHOOL DISTRICT FREEMAN B J School demanded that doctor testify in support of falsified reports. BJ Freeman referred the Peters case to another doctor. |
| Shinoff is witness in this case Harnett v. Diane Crosier, SDCOE 07/08/08 08:30AM C-73 Ex Parte 37-2008-00081583-CU-W T-CTL P)Rodger J. Hartnett BARRY M. VREVICH 07/11/08 10:30AM C-73 Denton, Steven R. Motion Hearing 37-2008-00081583-CU-W T-CTL P)Rodger J. Hartnett BARRY M. VREVICH |
03 CV 1400 BTM
Four Year Old Austistic Boy
Allegation: duct taped to chair.....
GIC 826335
Allegations: Abuse of Special Ed Boy,,,, life
threatening injures, and cover up. Negligence
assault and battery....
GIN 043958
Allegations: Assault Battery, of high school student
at Bernardo High School, with Principal King, same
principal back in 1998
Four Year Old Austistic Boy
Allegation: duct taped to chair.....
GIC 826335
Allegations: Abuse of Special Ed Boy,,,, life
threatening injures, and cover up. Negligence
assault and battery....
GIN 043958
Allegations: Assault Battery, of high school student
at Bernardo High School, with Principal King, same
principal back in 1998
Central
07/11/08 10:30AM C-73 CV
Denton, Steven R.
Demurrer / Moti
37-2008-00075843-CU-OE
-CTL
D)San Dieguito Union High S
Daniel R. Shinoff
North County
07/11/08 01:30PM N-27 CV
Stern, Jacqueline M.
Discovery Heari GIN058018
C)MIRA COSTA
COLLEGE Daniel R.
Shinoff
07/11/08 01:30PM N-27 CV
Stern, Jacqueline M.
Discovery Heari GIN058018
C)MIRACOSTA
COMMUNITY COLLE Daniel R.
Shinoff
07/11/08 09:30AM N-28 CV
Orfield, Michael B. Civil
Case Mana
37-2007-00056605-CU-PA-NC
D)San Dieguito Union High
S Daniel R. Shinoff
East County
07/10/08 08:30AM E-14 CV
Ex Parte
GIE036454
D)JOSE ISREAL QUINONES
Daniel R. Shinoff
07/10/08 08:30AM E-14 CV
Ex Parte
GIE036454
D)NATIONAL SCHOOL
DISTRICT Daniel R. Shinoff
07/11/08 10:30AM C-73 CV
Denton, Steven R.
Demurrer / Moti
37-2008-00075843-CU-OE
-CTL
D)San Dieguito Union High S
Daniel R. Shinoff
North County
07/11/08 01:30PM N-27 CV
Stern, Jacqueline M.
Discovery Heari GIN058018
C)MIRA COSTA
COLLEGE Daniel R.
Shinoff
07/11/08 01:30PM N-27 CV
Stern, Jacqueline M.
Discovery Heari GIN058018
C)MIRACOSTA
COMMUNITY COLLE Daniel R.
Shinoff
07/11/08 09:30AM N-28 CV
Orfield, Michael B. Civil
Case Mana
37-2007-00056605-CU-PA-NC
D)San Dieguito Union High
S Daniel R. Shinoff
East County
07/10/08 08:30AM E-14 CV
Ex Parte
GIE036454
D)JOSE ISREAL QUINONES
Daniel R. Shinoff
07/10/08 08:30AM E-14 CV
Ex Parte
GIE036454
D)NATIONAL SCHOOL
DISTRICT Daniel R. Shinoff
07/15/08 08:30AM C-72
Ex Parte GIC865228
D)POWAY UNIFIED
SCHOOL DIST
Daniel R. Shinoff
East County
07/18/08 10:30AM E-15
CV Halgren, Laura W.
Civil Case Mana
37-2008-00061228-CU-P
O-EC
D)Cajon Valley Union
High D
Daniel R. Shinoff
Ex Parte GIC865228
D)POWAY UNIFIED
SCHOOL DIST
Daniel R. Shinoff
East County
07/18/08 10:30AM E-15
CV Halgren, Laura W.
Civil Case Mana
37-2008-00061228-CU-P
O-EC
D)Cajon Valley Union
High D
Daniel R. Shinoff
| East County 05/30/08 09:00AM E-14 CV Sturgeon, Eddie C Motion Hearing GIE031907 12/12/08 10:30AM Management D)BILL BAUCHER D)DOE 3 D)LARITA WILLIAMS D)LEMON GROVE SCHOOL DISTRI D)LYNN BOUFFARD Daniel R. Shinoff VILLALOBOS VS LEMON GROVE SCHOOL DISTRICT Case Location: East Date Filed: 04/20/2006 Category: CU-CR Civil Rights Plaintiff/Petitioner VILLALOBOS KATHY |
| Lemon Grove School District |
| CHULA VISTA ELEMENTARY |
| National School District |
STUETZER vs LA MESA SPRING
VALLEY SCHOOL DISTRICT
GIC849081
Filed: 06/14/2005 Other Employment
Plaintiff/Petitioner
STUETZER COLLEEN JANE
STUETZER THOMAS
Defendant/Respondent
LA MESA SPRING VALLEY SCHOOL
DISTRICT
MUNDEN DENNIS
Central
11/09/06 11:00AM SD-74 QUINN
GIC849081
D)MUNDEN
Dan Shinoff
VALLEY SCHOOL DISTRICT
GIC849081
Filed: 06/14/2005 Other Employment
Plaintiff/Petitioner
STUETZER COLLEEN JANE
STUETZER THOMAS
Defendant/Respondent
LA MESA SPRING VALLEY SCHOOL
DISTRICT
MUNDEN DENNIS
Central
11/09/06 11:00AM SD-74 QUINN
GIC849081
D)MUNDEN
Dan Shinoff
| McCabe Union School District |
Defendant/Respondent
HORNADAY ROBERT P
HORNADAY FINANCIAL & INS
HORNADAY FINANCIAL &
INSURANCE SERVICES
R F HORNADAY & COMPANY
RSG SECURITIES
SENTRA SECURITIES CORP
SENTRA SECURITIES
CORPORATION
WORTHMARK FINANCIAL &
INS
WORTHMARK FINANCIAL &
INSURANCE SERVICES LLC
HORNADAY ROBERT P
HORNADAY FINANCIAL & INS
HORNADAY FINANCIAL &
INSURANCE SERVICES
R F HORNADAY & COMPANY
RSG SECURITIES
SENTRA SECURITIES CORP
SENTRA SECURITIES
CORPORATION
WORTHMARK FINANCIAL &
INS
WORTHMARK FINANCIAL &
INSURANCE SERVICES LLC
North County
08/07/08 09:00AM N-30
CV
Ex Parte
37-2007-
00055219-CU-WM-NC
D)Miracosta Community
Colle
Daniel R. Shinoff
08/11/08 09:00AM N-28
CV Orfield, Michael B.
Status Conferen
37-2007-00056605-CU-
PA-NC
D)San Dieguito Union
High S
Daniel R. Shinoff
10/24/08 02:00PM C-61
Meyer, John S.
Civil Court Trial
37-2008-00076816-CU-CR-CTL
D)Poway Unified School Dist
Daniel R. Shinoff
10/24/08 09:00AM C-72
Taylor, Timothy
Trial Readiness
GIC865228
D)POWAY UNIFIED SCHOOL DIST
Daniel R. Shinoff
Meyer, John S.
Civil Court Trial
37-2008-00076816-CU-CR-CTL
D)Poway Unified School Dist
Daniel R. Shinoff
10/24/08 09:00AM C-72
Taylor, Timothy
Trial Readiness
GIC865228
D)POWAY UNIFIED SCHOOL DIST
Daniel R. Shinoff
Case Title: N W VS POWAY UNIFIED
SCHOOL DISTRICT
Case Number: GIC865228
Case Location: San Diego
Date Filed: 05/02/2006
Category: CU-PO PI/PD/WD - Other
Plaintiff/Petitioner
N W P
WITTE MELANIE
Defendant/Respondent
MORNING CREEK ELEMENTARY EXTENDED
SCHOOL SERVICES
POWAY UNIFIED SCHOOL DISTRICT
SCHOOL DISTRICT
Case Number: GIC865228
Case Location: San Diego
Date Filed: 05/02/2006
Category: CU-PO PI/PD/WD - Other
Plaintiff/Petitioner
N W P
WITTE MELANIE
Defendant/Respondent
MORNING CREEK ELEMENTARY EXTENDED
SCHOOL SERVICES
POWAY UNIFIED SCHOOL DISTRICT
EVALYN DROBNICKI VS. POWAY
UNIFIED SCHOOL DISTRICT
Case Number:
37-2008-00076816-CU-CR-CTL
Case Location: San Diego
Date Filed: 01/28/2008
Category: CU-CR Civil Rights
UNIFIED SCHOOL DISTRICT
Case Number:
37-2008-00076816-CU-CR-CTL
Case Location: San Diego
Date Filed: 01/28/2008
Category: CU-CR Civil Rights
| Sponsored by St. John's Law Review Daniel Shinoff will join a distinguished panel of speakers for the Second Annual Constitutional Panel Discussion on March 31, 2008. Invited panelists include general counsel for each side of the Harper v. Poway and Morse v. Frederick cases. Topics to be discussed will include theTinker-Fraser- Hazelwood trilogy of cases, analysis of the Harper v. Poway case of which Shinoff is lead counsel, an overview of oral arguments at the various stages of review, reactions to Supreme Court jurisprudence in the area of student speech, and implications on current caselaw. from Stutz website Training school attorneys Ray J. Artiano and Lesa Wilson are experienced employment litigators, knowledgeable in all aspects of advisory and litigation issues which employers face on a daily basis. Mr. Artiano and Ms. Wilson are available for training seminars to help employers and their supervisors understand the increasingly complex legal environment of employment law...Mr. Artiano and Ms. Wilson understand that the myriad of statutes governing employers requires sophisticated interpretation and informed analysis, along with a common sense approach to the alternatives in any situation...Please contact the firm at 619-232-3122 to schedule a seminar and to learn more about the legal services we offer. from Stutz website |
PUSD v. Delanie Harrington GIC 795258
(December 5,2003) PUSD /Shinnefield sued
family of 1st grader, who is deaf....,
(December 5,2003) PUSD /Shinnefield sued
family of 1st grader, who is deaf....,
| Vista Unified School District (VUSD) |
North County
12/12/08 11:00AM N-30
Nugent, Thomas P.
Certificate of
37-2008-00054566-CU-PONC
Daniel R. Shinoff
D)Erin Sturgeon
D)Jean Isbell, R.N.
D)Jeff Luft
D)Marni Young
D)Oceanside Unified School
D)Paula E Foster
D)Tamika McCarroll
D)The Public School Common
D)Tom Kimbrel
12/12/08 11:00AM N-30
Nugent, Thomas P.
Certificate of
37-2008-00054566-CU-PONC
Daniel R. Shinoff
D)Erin Sturgeon
D)Jean Isbell, R.N.
D)Jeff Luft
D)Marni Young
D)Oceanside Unified School
D)Paula E Foster
D)Tamika McCarroll
D)The Public School Common
D)Tom Kimbrel
| OCEANSIDE |
| Del Mar Union School District works with Stutz Artiano Shinoff & Holtz, but Shinoff himself appears not to be the Del Mar Union School District From the district's website: Christina Dyer letter www.dmusd.org/district/files/openFile. aspx?fileID=3055 |
| DEL MAR UNION SCHOOL DISTRICT |
| Coach James "Ted" Carter's students needed him. Principal Dianne Carberry and her husband, a coach who suggested a student take a substance that caused his kidneys to fail, should have been fired instead of Carter, who blew the whistle. Why did Daniel Shinoff and the Escondido Union High School District board appeal the court's award to Carter? They should have apologized, paid the victim, and immediately hired new administrators. |
| San Diego Union Tribune regarding the Coach Carter v. Carberry case |
Trial Court Case: GIE036728
Court of Appeal Case: D052932
Filing Date: 04/15/2008
Case Caption: Grossmont Union High School District
v. Commission on Professional Competence et al.
Grossmont Union High School District : Plaintiff and
Appellant
Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
Klinkert, Michael : Real Party in Interest and Respondent
Fern Steiner
Tosdal, Levine, Smith & Steiner
Court of Appeal Case: D052932
Filing Date: 04/15/2008
Case Caption: Grossmont Union High School District
v. Commission on Professional Competence et al.
Grossmont Union High School District : Plaintiff and
Appellant
Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
Klinkert, Michael : Real Party in Interest and Respondent
Fern Steiner
Tosdal, Levine, Smith & Steiner
Daniel Shinoff cases
| North County K-12 Schools |
| East County Schools |
Case Title:
SHERBONDY VS MOUNTAIN EMPIRE UNIFIED
SCHOOL DISTRICT ITS SUPERINTENDENT
[Patrick Judd] AND BOARD OF TRUSTEES
Verdict: Shinoff loses
Case Number: GIC866959
Case Location: San Diego
Case Type: Civil Date Filed: 06/02/2006
Category: CU-BCW Breach of Contract/Warranty
Plaintiff/Petitioner SHERBONDY SUE
Defendant/Respondent MOUNTAIN EMPIRE
UNIFIED SCHOOL DISTRICT ITS
SUPERINTENDENT AND BOARD OF TRUSTEES
Central courthouse
06/17/08 09:00AM C-47
Judge Whitney, Richard S.
Jon Vanderpool for plaintiff
Daniel R. Shinoff
(replacing Stephenie Vandreuil, who replaced
Pamela Dempsey)
Another change of judge:
07/18/08 01:30PM C-75
Judge: Strauss, Richard E. L.
SHERBONDY VS MOUNTAIN EMPIRE UNIFIED
SCHOOL DISTRICT ITS SUPERINTENDENT
[Patrick Judd] AND BOARD OF TRUSTEES
Verdict: Shinoff loses
Case Number: GIC866959
Case Location: San Diego
Case Type: Civil Date Filed: 06/02/2006
Category: CU-BCW Breach of Contract/Warranty
Plaintiff/Petitioner SHERBONDY SUE
Defendant/Respondent MOUNTAIN EMPIRE
UNIFIED SCHOOL DISTRICT ITS
SUPERINTENDENT AND BOARD OF TRUSTEES
Central courthouse
06/17/08 09:00AM C-47
Judge Whitney, Richard S.
Jon Vanderpool for plaintiff
Daniel R. Shinoff
(replacing Stephenie Vandreuil, who replaced
Pamela Dempsey)
Another change of judge:
07/18/08 01:30PM C-75
Judge: Strauss, Richard E. L.
| Danielle Cozaihr v. Chula Vista Elementary School District Settled Dec. 2008 CVESD decided to appeal the verdict won by Cozaihr, but the opening brief was never filed. Daniel Shinoff passed the case to his partner Jack M. Sleeth, Jr. On December 5, 2008, parties stipulated to dismiss the case. It would seem that the case was settled. Cozaihr attorneys: C. Daniel Carroll Mccann & Carroll 2755 Jefferson St., Suite 211 Carlsbad, CA 92008-1558 Laura J. Farris 2755 Jefferson Street Suite 209 Carlsbad, CA 92008 |
Attorney fees in Roberts, Hess, et al v. Ramona USD:
Why didn't Shinoff simply settle the case?
Why didn't Shinoff simply settle the case?
North County Times article about Daniel Shinoff
Roberts and Hess v. Ramona
Unified School District
(re: girls softball field)
Unified School District
(re: girls softball field)
| La Mesa-Spring Valley School District |
| Ramona USD |
3) Superintendent Ed
Brand
Brand
| North County K-12 Schools |
Schools defy the Office of Civil Rights
Title IX cases
Title IX cases
Dan Shinoff makes agreements with the Office of Civil Rights,
then gets paid to fight the agreements on behalf of school
districts. He uses the taxpayers' deep pockets to buy personal
loyalty (and commit tortious interference) when he gives work to
other attorneys.
then gets paid to fight the agreements on behalf of school
districts. He uses the taxpayers' deep pockets to buy personal
loyalty (and commit tortious interference) when he gives work to
other attorneys.
Central
02/18/09 08:45AM C-66
Ex Parte GIC840369
D)JOHN PITARRESI
Daniel R. Shinoff
MIRRETT VS PITARRESI
GIC840369
Case Location: San Diego
Filed: 12/22/2004
Category: CU-PO
PI/PD/WD
Plaintiff/Petitioner
MIRRETT GORDON E
Defendant/Respondent
PITARRESI JOHN
North County
02/18/09 09:00AM N-27
Stern, Jacqueline M.
Civil Jury Tria
37-2007-00052268-CU-OE
-NC
FRANCES GALLEGOS
VS. ESCONDIDO UNION
HIGH SCHOOL DISTRICT
CU-OE Other
employment
D)Escondido Union High
Scho
Daniel R. Shinoff
02/18/09 01:30PM N-28
Orfield, Michael B.
Ex Parte
37-2007-00056605-CU-PA
-NC D)San Dieguito
Union High S
Daniel R. Shinoff
02/18/09 08:45AM C-66
Ex Parte GIC840369
D)JOHN PITARRESI
Daniel R. Shinoff
MIRRETT VS PITARRESI
GIC840369
Case Location: San Diego
Filed: 12/22/2004
Category: CU-PO
PI/PD/WD
Plaintiff/Petitioner
MIRRETT GORDON E
Defendant/Respondent
PITARRESI JOHN
North County
02/18/09 09:00AM N-27
Stern, Jacqueline M.
Civil Jury Tria
37-2007-00052268-CU-OE
-NC
FRANCES GALLEGOS
VS. ESCONDIDO UNION
HIGH SCHOOL DISTRICT
CU-OE Other
employment
D)Escondido Union High
Scho
Daniel R. Shinoff
02/18/09 01:30PM N-28
Orfield, Michael B.
Ex Parte
37-2007-00056605-CU-PA
-NC D)San Dieguito
Union High S
Daniel R. Shinoff
Ana Stover v. CVESD and
Lowell Billings for
politically-motivated defamation and
tortious interference.
It's no wonder this egregious case
was settled privately by CVESD and
Lowell Billings.
Lowell Billings for
politically-motivated defamation and
tortious interference.
It's no wonder this egregious case
was settled privately by CVESD and
Lowell Billings.
Case Number:
GIC871901
Case Location: San Diego
Date Filed: 08/31/2006
Category: CU-BT
Business Tort
Plaintiff/Petitioner
BRAND EDWARD M
COOK DARREL W
GALLEGO AUGUSTINE
(USD chancellor)
LONG DAVID L
STANZIONE DAVID
GIC871901
Case Location: San Diego
Date Filed: 08/31/2006
Category: CU-BT
Business Tort
Plaintiff/Petitioner
BRAND EDWARD M
COOK DARREL W
GALLEGO AUGUSTINE
(USD chancellor)
LONG DAVID L
STANZIONE DAVID
Personal favors or
just the appearance
of a conflict of
interest?
just the appearance
of a conflict of
interest?
2) Daniel Shinoff and
son of SDCOE - JPA
executive director
Diane Crosier
Diane Crosier refused to
answer questions posed by a
reporter.
This lawsuit was filed by Dan
Shinoff in San Francisco on
behalf of Crosier's son
Christian.
Cross complaint against Chris
Crosier
son of SDCOE - JPA
executive director
Diane Crosier
Diane Crosier refused to
answer questions posed by a
reporter.
This lawsuit was filed by Dan
Shinoff in San Francisco on
behalf of Crosier's son
Christian.
Cross complaint against Chris
Crosier
| 04/01/09 08:45AM C-68 CV Hayes, Judith F. Ex Parte 37-2007-00065902-CL-BC -CTL C)Jeffery Essakow Daniel R. Shinoff ANTHONY T DITTY VS. GEORGE HUNT Case Number: 37-2007-00065902-CL-BC -CTL Location: San Diego Date Filed: 05/01/2007 Category: CL-BCW Breach of Contract/Warranty Plaintiff/Petitioner DITTY ANTHONY T ESSAKOW JEFFERY KAGNOFF MARCIA MOYHI DARUSH RAGHAVEN SREEN Defendant/Respondent HUNT GEORGE KAGNOFF MARCIA C PROPTECH INC |
| Governing Board Minutes – November 5, 2007 FALLBROOK UNION ELEMENTARY SCHOOL DISTRICT MINUTES Special Meeting November 5, 2007 1. Members Present Mrs. Anne Renshaw, Vice President Mrs. Lisa Masten, Clerk Mrs. Patty de Jong, Trustee Mr. Pat Rusnell, Trustee Dr. Janice Schultz, Superintendent B. Members Absent Dr. Maurice F. Bernier, President C. Others Present Various staff and community members HEARING SESSION This is the appropriate point in the meeting for members of the audience to speak on matters of special concern not on the present agenda. Mrs. Roxanne Stanley read the following statement: “I am Roxanne Stanley. I have absolutely no qualms about my case being discussed in an open forum as I feel it should be. I have maintained and vindicated by arbitration that I have done nothing wrong so why should this case go behind closed doors unless it is to hide conduct by others? This is not about me any more, but as brought to light in the arbitrator’s scathing decision paper it is about the actions of district administrators. Administrators of conscience and integrity would excuse themselves from the deliberations of this case so as not to show conflict of interest or unfairly influence the Board’s decision. Trying the case again behind closed doors without an advocate to defend me is not right. Thank you. Roxanne Stanley, November 5, 2007.” Mrs. Patty de Jong responded that even though Mrs. Stanley had agreed to have her concerns shared in Open Session, that it may be possible that other employees may be mentioned during this portion of the meeting, and that they had not given permission for this to be discussed in Open Session. Mrs. Anne Renshaw read the following statement: “The purpose of the meeting is to reach a decision concerning the recommendation to terminate Ms. Roxanne Stanley, a permanent employee and member of the District’s classified bargaining unit... |
| Bus drivers claim kids’ health was endangered Village News December 6th, 2007 FUESD bus number 76 is said by some drivers to have had severe exhaust problems that they feel may have endangered local children’s health. A group of Fallbrook Union Elementary School District (FUESD) bus drivers say the district failed to notify parents of a situation they felt endangered the health of children riding a certain school bus in 2004 and 2005. Bus drivers Kathy Maebert, Roxanne Stanley and Gaylen Brady allege that students riding FUESD bus number 76 during those years were exposed to significant amounts of exhaust fumes, until the district finally repaired the bus in June of 2005. “A smell doesn’t mean there is a danger,” said Jim Whitlock, assistant superintendent of personnel services at FUESD. “It’s interesting that no children or parents have complained about it.” The drivers say exhaust from the bus was escaping back into the bus through a loose shroud that provided a six- inch passageway for the fumes to flow throughout the bus. “If kids were getting sick, I’d know,” said Whitlock. “We regularly check each bus in our fleet every 45 days, and we have a newer fleet than other districts comparable to us.” Whitlock did say that bus 76 was repaired in June of 2005, following a driver complaint, and produced a copy of the record that indicated the following tasks had been completed as a result: exhaust leak repaired, (2) tires replaced, reseal engine intake inside bus, replace decal inside right side emergency door, steam clean, replace clamp at turbo and replace headlight. Stanley, who drove the bus during the time period in question, says before the bus was repaired, she suffered a collapsed lung in March of 2005 because of it. “[The district] got me off the bus so I couldn’t tell the kids [what happened],” Stanley claims. “There were things made up to get me off the bus.” Before driving this particular bus, Stanley says, she was a healthy, strong individual and 2007 marks her nineteenth year working for the elementary school district. “What makes anyone think that some of those kids aren’t suffering with problems [because of the exhaust leak] and the parents think it is something else?” Stanley asks. Stanley said some of the symptoms she and/or others with excessive exposure to exhaust fumes experience are a nagging cough, flu-like symptoms, chronic bronchitis, headaches and, possibly, the onset of asthma. Stanley claims after becoming ill and emphatically complaining about the condition of the bus, she was “continually harassed by supervisory personnel” and unfairly disciplined by the District. Brady says he distinctly remembers Stanley reporting the problem with the bus to the transportation supervisor and says he feels Stanley was treated unfairly because “she asks a lot of questions.” Other drivers of the same bus concur with Stanley’s reports. Maebert says that, after running the bus on its morning route one day, she informed a district mechanic, “There was an odor in the bus.” “He and I looked around the back interior,” she says, “and discovered an opening along the right side to back of wall which we were able to see sunlight through and possible looseness around the big box on [the] righthand side in back of [interior]. “[He] said he would seal up the openings and let me drive the bus for the afternoon route. After closing the windows, I [then] started to experience a severe headache along with severe stomach cramps and [an] extremely sore throat.” “It was horrific how sick [the bus] made me feel,” Maebert said. “No wonder [Roxanne] was sick.” Another driver, Melissa Seymour, says she is certain the same bus made her ill when she drove it for roughly three months while Stanley was out on medical leave. “Every single time I drove it, which was four or five times, I got bronchitis really bad,” said Seymour. “I’d spend three days on that bus, then I’d be out sick for a week. It kept making me sick. My lungs would just shut up. “I was the senior driver, the lead driver, so I would be pulled off my [regular] special ed route and put in [Stanley’ s] bus when she was out sick and I always had to take bus 76. “Every time I complained about it smelling funny, [the mechanic] told me the bus was fine, that it was just all in my head. “I would never tell [the kids] that they had to put the windows up in that bus. The kids complained every time about the smell.” Seymour is now retired on medical disability after 23 years on the job. During 2004 and 2005, bus number 76 was the vehicle used on the morning pickup and afternoon return route for third through sixth grade students traveling from Alturas Road to Live Oak Elementary School and seventh and eighth grade students traveling from Camp Pendleton to Potter Junior High. Although the bus has since been repaired, it is no longer used as a primary bus, Brady says. “As far as I know it is only used, if needed, on field trips now.” “This bus is not in regular service right now,” said Ray Proctor, assistant superintendent. “It’s used as a substitute bus – not for any fear of a problem, just that we like to rotate buses due to mileage numbers.” Brady went on to say that he has noticed that additional precautions are being taken now in bus maintenance now that he claims never took place before. “They are now taking some precautionary measures by having the mufflers cleaned on the buses,” Brady said. What worries these drivers most is that they feel that parents of children who rode the bus during the problem time are not aware of the exhaust leak. “Who knows where all the [Camp Pendleton] kids are now?” Brady said. “When I asked my supervisor [at the time] if the parents were going to be notified, I was disciplined for insubordination,” Stanley said, “but they have to let parents know.” |
LEONA SMITH VS. GROSSMONT UNION HIGH SCHOOL
DISTRICT
37-2007-00082718-CU-OE-CTL
Case Location: San Diego
Date Filed: 12/06/2007
Category: CU-OE Other employment
Church Wins Motion for Summary Judgment
Dismissing Race and Age Discrimination Case in its
Entirety
From Stutz Website
May 10, 2009
Ryan Church successfully argued a Motion for Summary
Judgment which dismissed a Plaintiff's case in its
entirety.
Plaintiff Leona Smith filed suit against the School District
alleging racial and age discrimination under FEHA.
Plaintiff maintained that she was the most qualified
applicant for a District coordinator position, and the
District’s hiring process for the position was
discriminatory. Following extensive discovery, Mr.
Church filed a Motion for Summary Judgment on behalf
of the District. The Summary Judgment was granted in
its entirety by the Court on May 1, 2009.
DISTRICT
37-2007-00082718-CU-OE-CTL
Case Location: San Diego
Date Filed: 12/06/2007
Category: CU-OE Other employment
Church Wins Motion for Summary Judgment
Dismissing Race and Age Discrimination Case in its
Entirety
From Stutz Website
May 10, 2009
Ryan Church successfully argued a Motion for Summary
Judgment which dismissed a Plaintiff's case in its
entirety.
Plaintiff Leona Smith filed suit against the School District
alleging racial and age discrimination under FEHA.
Plaintiff maintained that she was the most qualified
applicant for a District coordinator position, and the
District’s hiring process for the position was
discriminatory. Following extensive discovery, Mr.
Church filed a Motion for Summary Judgment on behalf
of the District. The Summary Judgment was granted in
its entirety by the Court on May 1, 2009.
North County
05/22/09 09:00AM N-30
CV Nugent, Thomas P.
Civil Case Mana
37-2008-00059232-CU-BT-
NC
D)San Diego and Imperial
Co Daniel R. Shinoff
D)Victoria De La Torre
Daniel R. Shinoff
05/22/09 09:00AM N-30
CV Nugent, Thomas P.
Civil Case Mana
37-2008-00059232-CU-BT-
NC
D)San Diego and Imperial
Co Daniel R. Shinoff
D)Victoria De La Torre
Daniel R. Shinoff
05/29/09 08:30AM C-65
Lewis, Joan M.
Motion Hearing 37-2009-00082498-CU-PO-CTL
D)Mountain Empire School Di
Daniel R. Shinoff
05/29/09 01:30PM C-75
Strauss, Richard E. L.
Motion Hearing GIC866959
D)MOUNTAIN EMPIRE UNIFIED S
Daniel R. Shinoff
Lewis, Joan M.
Motion Hearing 37-2009-00082498-CU-PO-CTL
D)Mountain Empire School Di
Daniel R. Shinoff
05/29/09 01:30PM C-75
Strauss, Richard E. L.
Motion Hearing GIC866959
D)MOUNTAIN EMPIRE UNIFIED S
Daniel R. Shinoff
| San Dieguito |
| from Stutz website Shinoff and Abed Win National Origin Discrimination Suit May 05, 2009 Partners Daniel R. Shinoff and Gil Abed obtained a defense verdict for their client, Escondido Union High School District. The Plaintiff sued the District claiming, among other things, national origin discrimination and harassment, and retaliation. She also claimed that she was being retaliated against because of her national origin. Mr. Shinoff and Mr. Abed successfully argued that plaintiff's complaints were not on the basis of race but rather disputes between employees who did not get along. Upon hearing the arguments, the Court found in favor of the School District in that there was no discrimination, harassment or retaliation. Furthermore, the Court held that the Plaintiff did not suffer any adverse employment action. |
GIN054358 ESCONDIDO UNION HIGH SCHOOL
DISTRICT DIXON, PATSY North County
Civil 07/26/2006
GIN050565 ESCONDIDO UNION HIGH SCHOOL
DISTRICT DIXON, PATSY A North County
Civil 02/16/2006
GIN049294
ESCONDIDO UNION HIGH SCHOOL DISTRICT
CHAVEZ, ROBERT North County Civil
12/15/2005
37-2009-00054159-CU-OE-NC
ESCONDIDO UNION HIGH SCHOOL DISTRICT
MCCALLUM, CAREY North County Civil
04/27/2009
37-2007-00052268-CU-OE-NC ESCONDIDO
UNION HIGH SCHOOL DISTRICT GALLEGOS,
FRANCES North County Civil
04/27/2007
Case Title: SHIRLEY REHKOPF VS ESCONDIDO
UNION SCHOOL DISTRICT
Case Number: GIN017274
Case Location: North County
Date Filed: 09/25/2001
Category: CU-OE Other employment
HUGHES DAVID Defendant
Case Title: STEVEN BAKER vs ESCONDIDO
UNION HIGH SCHOOL DISTRICT
Case Number: GIN005157
Case Location: North County
Case Type: Civil
Date Filed: 05/15/2000
Category: A60508 Libel
Defendant/Respondent ARNER JAYME
Case Title: STICHTER vs ESCONDIDO UNION
HIGH SCHOOL DISTRICT
Case Number: GIN004476 Case Location:
North County
Date Filed: 04/13/2000
Category: A60614 Other Civil Complaint
Plaintiff/Petitioner
STICHTER BLANCA P
Defendant/Respondent
D'AMELIO JOHN
GROSSO PAMELA
MORASCO MICHAEL
ORTIZ BEATRIZ
PARKS DAVID
RAMIREZ CELIA A
SAN DIEGO COUNTY OFFICE OF EDUCATION
SNOWDER CHARLIE
WARNER BEATRICE
DISTRICT DIXON, PATSY North County
Civil 07/26/2006
GIN050565 ESCONDIDO UNION HIGH SCHOOL
DISTRICT DIXON, PATSY A North County
Civil 02/16/2006
GIN049294
ESCONDIDO UNION HIGH SCHOOL DISTRICT
CHAVEZ, ROBERT North County Civil
12/15/2005
37-2009-00054159-CU-OE-NC
ESCONDIDO UNION HIGH SCHOOL DISTRICT
MCCALLUM, CAREY North County Civil
04/27/2009
37-2007-00052268-CU-OE-NC ESCONDIDO
UNION HIGH SCHOOL DISTRICT GALLEGOS,
FRANCES North County Civil
04/27/2007
Case Title: SHIRLEY REHKOPF VS ESCONDIDO
UNION SCHOOL DISTRICT
Case Number: GIN017274
Case Location: North County
Date Filed: 09/25/2001
Category: CU-OE Other employment
HUGHES DAVID Defendant
Case Title: STEVEN BAKER vs ESCONDIDO
UNION HIGH SCHOOL DISTRICT
Case Number: GIN005157
Case Location: North County
Case Type: Civil
Date Filed: 05/15/2000
Category: A60508 Libel
Defendant/Respondent ARNER JAYME
Case Title: STICHTER vs ESCONDIDO UNION
HIGH SCHOOL DISTRICT
Case Number: GIN004476 Case Location:
North County
Date Filed: 04/13/2000
Category: A60614 Other Civil Complaint
Plaintiff/Petitioner
STICHTER BLANCA P
Defendant/Respondent
D'AMELIO JOHN
GROSSO PAMELA
MORASCO MICHAEL
ORTIZ BEATRIZ
PARKS DAVID
RAMIREZ CELIA A
SAN DIEGO COUNTY OFFICE OF EDUCATION
SNOWDER CHARLIE
WARNER BEATRICE
08/17/09 10:30AM C-24
Enright, Kevin A.
Settlement Conf
37-2008-00095153-CU-W
T-CTL
D)Darnall Charter School
Daniel R Shinoff
North County
08/14/09 01:30PM N-27
CV Stern, Jacqueline M.
Motion Hearing
37-2007-00052268-CU-OE
-NC D)Escondido
Union High Scho Daniel R
Shinoff
| David Alberts case Parent jailed for complaining about coach (Compare to Michael Lee case in Conejo Valley), in which the court ruled that parents and students are not required to be silent. |
| Hazing by Santana coach Jacob Clark-Schirmer v. GUHSD |
Central
09/15/09 01:30PM C-64
Nevitt, William R. Jr. Ex Parte
37-2008-00095232-CU-WT-CTL
D)Ramona Unified School Dis
Daniel R Shinoff
09/18/09 09:30AM Trial Readiness
09/15/09 01:30PM C-64
Nevitt, William R. Jr. Ex Parte
37-2008-00095232-CU-WT-CTL
D)Ramona Unified School Dis
Daniel R Shinoff
09/18/09 09:30AM Trial Readiness
| San Marcos |
North County
09/14/09 09:00AM N-28 CV Maas, Earl H. III
Status Conferen
37-2008-00091303-CU-PO-NC D)San
Marcos Unified School Daniel R Shinoff
09/14/09 09:00AM N-28 CV Maas, Earl H. III
Status Conferen
37-2008-00091303-CU-PO-NC D)San
Marcos Unified School Daniel R Shinoff
| Solana Beach |
Motion to Adjourn into Closed Session at 6:
08 p.m.
CONFERENCE WITH LEGAL COUNSEL –
PENDING
LITIGATION Subdivision (a) of Government
Code Section §54956.9
Name of Case: Ka.D. v. Solana Beach
School District, et. al.
U.S. District Court Case No. 08 CV 0622
JLS POR
In Attendance:
Leslie Fausset, Superintendent
Mary Ellen Nest, Director of Pupil Services
Jonathan Read, District Counsel -
Fagan, Friedman, Fulfrost
Dan Shinoff, District Counsel - Stutz,
Artiano, Shinoff & Holtz
Motion Busby
Second Schade
Unanimous
Board of Education
Minutes of Special Board Meeting
Thursday, December 11, 2008
08 p.m.
CONFERENCE WITH LEGAL COUNSEL –
PENDING
LITIGATION Subdivision (a) of Government
Code Section §54956.9
Name of Case: Ka.D. v. Solana Beach
School District, et. al.
U.S. District Court Case No. 08 CV 0622
JLS POR
In Attendance:
Leslie Fausset, Superintendent
Mary Ellen Nest, Director of Pupil Services
Jonathan Read, District Counsel -
Fagan, Friedman, Fulfrost
Dan Shinoff, District Counsel - Stutz,
Artiano, Shinoff & Holtz
Motion Busby
Second Schade
Unanimous
Board of Education
Minutes of Special Board Meeting
Thursday, December 11, 2008
| San Diego Community College District |
See more community colleges below.
| Community Colleges |
Farahani v. San Diego Cmty. College Dist.
No. D054087
July 29, 2009
Trial court order granting plaintiff's petition for writ
of mandate to require defendant to reinstate
plaintiff with full back pay, interest and benefits and
requiring its governing board to determine whether
plaintiff should be terminated is affirmed where: 1)
the court properly ruled that the Agreement
between the parties was invalid and unenforceable,
and violated Education Code sec. 87485 and
plaintiff's due process rights; and 2) the court did
not abuse its discretion in rejecting defendant's
laches and unclean hands defense, and in finding
that the exhaustion of remedies doctrine did not
apply.
Read Farahani v. San Diego Cmty. College Dist.,
No. D054087 in PDF
Read Farahani v. San Diego Cmty. College Dist.,
No. D054087 in HTML
Appellate Information
APPEAL from a judgment of the Superior Court of
San Diego County, Joan M. Lewis, Judge. Affirmed.
FOURTH APPELLATE DISTRICT, DIVISION ONE
Filed July 28, 2009
Judges
Before: McINTYRE, J., BENKE, Acting P.J.,
HUFFMAN, J.
Opinion by McINTYRE, J.
Counsel
For Plaintiff: Grady and Associates, Dennis M.
Grady, Kenneth W. Baisch, and Bradley K. Moores.
For Defendant: Stutz Artiano Shinoff & Holtz, Ray J.
Artiano and Richard E. Romero.
| MiraCosta College (see top of this page) |
| Insurance company pays $250K to settle football lawsuit February 7, 2001 ADAM KAYE The San Dieguito Union High School District and its insurance company have agreed to pay $250,000 to settle in mid-trial a lawsuit brought by a former La Costa Canyon High School football player against the school district and three equipment suppliers. Attorneys from all sides agreed upon the settlement on Thursday, according to Vista Superior Court records. Robert "Bobby" Rodriguez and his family sued over head injuries Rodriguez allegedly suffered during a junior varsity football game on Nov. 13, 1998, when the youth was 15 years old. The family sought $50 million in damages. The settlement dismisses the litigation against the school district, Athletic Helmet Inc., face-guard maker Schutt Manufacturing Co. and equipment supplier Gunther's Athletic Service, said Dan Shinoff, an attorney representing the school district. The San Dieguito district's insurance carrier will incur the cost of the settlement and will cause "no direct damage" to the school district's budget, Shinoff said. Jurors were told the trial before Judge Thomas Nugent could last five weeks. It ended, however, on its eighth day. "The (Rodriguez) family decided they were not going to pursue (the case) any further," Shinoff said. "It's my personal belief they began to recognize it was a very, very marginal case against the school district and its staff." Colin Cossio, the attorney representing the Rodriguez family, has not returned repeated calls to discuss the case. Rodriguez continues to suffer "very profound injuries," Shinoff said, including partial blindness, speech and cognitive damage. Rodriguez's conditions probably will affect him for the rest of his life, Shinoff said. During the trial's opening arguments on Jan. 23, both sides agreed that on the day of the game against Torrey Pines High School, Rodriguez suffered a subdural hematoma, or bleeding between the skull and the brain. Rodriguez's attorney argued that the football team's equipment manager was inexperienced and gave the boy a helmet that didn't fit; that Rodriguez also didn't receive swift treatment when he complained of headaches during the game; and that the school district's equipment supplier, Gunther's Athletic Service, did not follow national guidelines applied toward reconditioning helmets, rendering the headgear defective. Attorneys for the equipment companies said Rodriguez suffered from pre-existing conditions and the boy's medical history contributed to his head injury. Jeff Morris, an attorney for the school district, argued that there was no delay in treating Rodriguez when he collapsed during the game. |
Lesbian teacher settles discrimination lawsuit
The Associated Press
Friday May 24, 2002
OCEANSIDE – A high school teacher who claimed she
was harassed and denied a promotion because she is
a lesbian has settled her lawsuit against the Oceanside
Unified School District.
The district will pay Dawn Murray more than $140,000
and provide its employees with annual sensitivity training
on issues of sexual orientation discrimination, the
Lambda Legal advocacy group said Thursday.
Murray also resigned as part of the settlement, the
district’s lawyer Daniel Shinoff said.
Murray, a biology teacher at the school for nearly 20
years and winner of national teaching awards, said she
was denied a promotion to director of student activities
and suffered ongoing harassment by her colleagues at
the 2,000-student school north of San Diego.
Colleagues accused her of having sexual encounters
with another teacher on campus during school hours,
she said, and her classroom was vandalized. While she
told some colleagues she is gay, Murray complained
that an unwelcome “outing” in front of staff opened her
up to verbal attacks.
Murray said she was threatened with disciplinary action
when she complained.
An appellate court ruled in April 2000 that Murray had the
right to sue the district for discrimination under a 1999
amendment to the Fair Employment and Housing Act.
The state Supreme Court upheld the ruling in August
2000.
In a statement, Murray said she hoped the case would
show other school districts “if they respond to
harassment in an inappropriate way, we will stand up,
the laws will protect us, and they will be made to stop.”
“Young people learn from adult behavior, and it was
important to wage this fight to show students all people
have to be treated fairly,” she said.
Shinoff said the district’s insurance carrier would pay the
settlement deal. He said the district, however, continues
to maintain that “anything that occurred was not the
result of discrimination based on her sexual orientation.”
The Associated Press
Friday May 24, 2002
OCEANSIDE – A high school teacher who claimed she
was harassed and denied a promotion because she is
a lesbian has settled her lawsuit against the Oceanside
Unified School District.
The district will pay Dawn Murray more than $140,000
and provide its employees with annual sensitivity training
on issues of sexual orientation discrimination, the
Lambda Legal advocacy group said Thursday.
Murray also resigned as part of the settlement, the
district’s lawyer Daniel Shinoff said.
Murray, a biology teacher at the school for nearly 20
years and winner of national teaching awards, said she
was denied a promotion to director of student activities
and suffered ongoing harassment by her colleagues at
the 2,000-student school north of San Diego.
Colleagues accused her of having sexual encounters
with another teacher on campus during school hours,
she said, and her classroom was vandalized. While she
told some colleagues she is gay, Murray complained
that an unwelcome “outing” in front of staff opened her
up to verbal attacks.
Murray said she was threatened with disciplinary action
when she complained.
An appellate court ruled in April 2000 that Murray had the
right to sue the district for discrimination under a 1999
amendment to the Fair Employment and Housing Act.
The state Supreme Court upheld the ruling in August
2000.
In a statement, Murray said she hoped the case would
show other school districts “if they respond to
harassment in an inappropriate way, we will stand up,
the laws will protect us, and they will be made to stop.”
“Young people learn from adult behavior, and it was
important to wage this fight to show students all people
have to be treated fairly,” she said.
Shinoff said the district’s insurance carrier would pay the
settlement deal. He said the district, however, continues
to maintain that “anything that occurred was not the
result of discrimination based on her sexual orientation.”
| Gabriel, a minor v. SMUSD School Did Not Violate Boy's Civil Rights During Restraints, Jury Says By Dave Reynolds, Inclusion Daily Express April 3, 2003 VISTA, CALIFORNIA--A jury ruled Wednesday that San Marcos school employees did not violate the civil rights of an 8-year-old boy when they forcibly restrained him in his special education classroom, the San Diego Tribune reported. The decision ends a four-week trial stemming from a lawsuit filed by the boy's mother against the San Marcos Unified School District. Neither the mother nor the son were identified in the news report. Jurors heard that the boy, who has developmental disabilities, was restrained by special education teachers and aides face down on the floor or was taken by force from the classroom 145 times over a six-month period in 2000. The boy's mother bristled when lawyers for the school district said her son was "out of control" and "extremely psychotic." School officials said that the boy was loud and obnoxious, he refused to cooperate with staffers and often soiled his pants. At times he threatened to throw his feces at teachers, aides and fellow students, school officials said. "He's not a monster," the mother said outside the courtroom. "He's not a psychotic crazed animal. He's a sweet, special boy." Her lawyer said jurors told him privately that they didn't approve of the way the boy was treated, but were concerned about hurting school finances. The mother said the lawsuit was not about money. "It was about the way they treated my son," she explained. |
| Lost cash more than admitted, suit says Ex-cheer coach accused of taking over $55,000 San Diego Union Tribune By Chris Cadelago August 9, 2006 RANCHO SAN DIEGO – The amount of money missing from the Valhalla High School cheerleading program is much greater than the $15,000 a parent has admitted stealing, according to a lawsuit filed by the Grossmont Union High School District. The lawsuit states that Bobbie Norby, 47, of El Cajon took more than $55,000 in less than three years of working for the district as cheer adviser and gymnastics coach. Norby has yet to list a lawyer on court papers, or respond to the district's complaint. She did not return repeated calls for comment yesterday. However, she disputes the district's dollar figure, stating “dollar amount is incorrect” on a signed court form. In a signed May 11 statement, Norby admitted cashing or depositing seven checks made out to the cheer program into her own personal bank accounts. The statement, in which she estimates taking $10,000 to $15,000, was part of a report compiled by private investigator Robert Price, who was hired by the district's lawyers. The full report was obtained by The San Diego Union-Tribune through a public information request. “I will do everything I can to repay the money,” reads the statement, which is Exhibit A in the district's lawsuit. “I will also help in any way I can to account for the money that I have stolen and the money I have received from Valhalla Cheer this year.” The Sheriff's Department is still investigating the case and Norby has not been arrested or charged with a crime. Detective Bob Niderost said last week that Norby's admission is “not enough proof.” In the civil suit, filed in mid-May, the district accuses Norby of fraud and deceit, breach of contract and unjust enrichment. Its lawyers are asking for full reimbursement, including all legal fees. “I am surprised that I haven't heard anything from her yet,” said Daniel Shinoff, the school district's lawyer. “Her time is running out.” No date has been set for the first meeting, but if Norby doesn't respond soon, the district will win by default, he added. Norby worked for the district from about 2003 to spring 2006, according to the suit. She was considered a district employee but classified as a volunteer who received a stipend. From 2005 to 2006, she received stipends totaling $1,614, records show. Team officials in January noticed almost all of the money in the cheer program's account had gone missing. Valhalla's head cheer coach pitched in for one event in Anaheim, but the team's next event at Universal Studios in Los Angeles, which parents had already paid for, was canceled. “This is sad because it's the girls that had to suffer because of this,” cheer mom Noreen Wilson of El Cajon said yesterday. There was a similar case in Chula Vista Elementary School District, but Daniel Shinoff represented clients who were friends of the embezzler, Kimberlee Simmons. |
Sarquilla--Shinoff disputes where she lives
Here's what yesterday's San Diego Union Tribune article
by Bruce Lieberman says:
"Called “basic aid” school districts, they are funded by
property taxes because those revenues are higher than
the per-pupil funding they would otherwise receive from
the state.
"Because the amount of money that basic aid districts
receive is unrelated to enrollment, those districts often go
to great lengths to make sure students live within their
boundaries.
"In Sarquilla's case, the Solana Beach district hired a
private investigator to follow the mother and her children to
try to confirm where they live.
"'What this district did, as many school districts do if there
is a question of residency, is they'll use the services of a
private investigator. That's not uncommon,' said Dan
Shinoff, the district's attorney...
"At the district's request last summer, Sarquilla provided a
copy of her rental agreement and a utility bill. But the
agreement covered only July 2007, and her utility bill for
that month was only $11.80.
“To me, it looks as though these folks left the district and
just didn't want to say they left the district,” Shinoff said.
"The district's private investigator, meanwhile, has
determined that Sarquilla and her children do not live in
the South Nardo Avenue apartment complex, Shinoff said.
As for the utility bill, Shinoff said: “She got the best deal in
America.”
"Sarquilla said she rents on a month-to-month basis, so
the rental agreement she provided last summer reflected
that. Her utility bill – more recent ones she has submitted
are about as low – is not proof that she and her children
do not live there, she said.
"'Questioning the amount of my SDG&E bill is ridiculous,
and it infuriates me,' Sarquilla said.
"Sarquilla has since submitted to the district a letter from
the manager of her apartment complex, along with a
ledger of rental payments that suggest that she has paid
rent there since June 2003.
"Shinoff said that Sarquilla's documentation has been
confusing but that the ledger does appear to support her
claim of residency.
"'The payment ledger and what the resident manager has
to say might . . . determine the whole issue,'he said. 'If
she's living there, then she's living there, and if the kids
are living there, then they're living there. It shouldn't be any
great issue.'"
Here's what yesterday's San Diego Union Tribune article
by Bruce Lieberman says:
"Called “basic aid” school districts, they are funded by
property taxes because those revenues are higher than
the per-pupil funding they would otherwise receive from
the state.
"Because the amount of money that basic aid districts
receive is unrelated to enrollment, those districts often go
to great lengths to make sure students live within their
boundaries.
"In Sarquilla's case, the Solana Beach district hired a
private investigator to follow the mother and her children to
try to confirm where they live.
"'What this district did, as many school districts do if there
is a question of residency, is they'll use the services of a
private investigator. That's not uncommon,' said Dan
Shinoff, the district's attorney...
"At the district's request last summer, Sarquilla provided a
copy of her rental agreement and a utility bill. But the
agreement covered only July 2007, and her utility bill for
that month was only $11.80.
“To me, it looks as though these folks left the district and
just didn't want to say they left the district,” Shinoff said.
"The district's private investigator, meanwhile, has
determined that Sarquilla and her children do not live in
the South Nardo Avenue apartment complex, Shinoff said.
As for the utility bill, Shinoff said: “She got the best deal in
America.”
"Sarquilla said she rents on a month-to-month basis, so
the rental agreement she provided last summer reflected
that. Her utility bill – more recent ones she has submitted
are about as low – is not proof that she and her children
do not live there, she said.
"'Questioning the amount of my SDG&E bill is ridiculous,
and it infuriates me,' Sarquilla said.
"Sarquilla has since submitted to the district a letter from
the manager of her apartment complex, along with a
ledger of rental payments that suggest that she has paid
rent there since June 2003.
"Shinoff said that Sarquilla's documentation has been
confusing but that the ledger does appear to support her
claim of residency.
"'The payment ledger and what the resident manager has
to say might . . . determine the whole issue,'he said. 'If
she's living there, then she's living there, and if the kids
are living there, then they're living there. It shouldn't be any
great issue.'"
| Fallbrook High School District seems to be having trouble figuring out how to handle the First Amendment. The ACLU is suing Fallbrook to protect the right of students to express their views in student newspapers. ACLU sues Fallbrook High School over free speech issues By Bruce Lieberman SAN DIEGO UNION-TRIBUNE November 11, 2008 The American Civil Liberties Union has sued the Fallbrook Union High School District, charging that Fallbrook High's principal violated the free speech of students when he censored two articles, axed the newspaper's faculty advisor position, cut the journalism class and killed publication of the Tomahawk newspaper... The lawsuit is demanding that the high school district restore the journalism class and reinstate its advisor, Dave Evans. The ACLU is also asking for a court order prohibiting school or district officials from censoring future publication of the articles killed last school year. One of the articles, scheduled for publication last November, suggested that former district Supt. Tom Anthony had hesitated to open Fallbrook High as an evacuation center during the October 2007 fires. The second article, scheduled for publication last May, was an editorial that had criticized the Bush administration's support for teaching abstinence in the public schools. The district's attorney, Dan Shinoff, has said that Fallbrook High principal Rod King was concerned that the first article contained factual inaccuracies. As for the second piece on abstinence, King was concerned that its tone and language suggested that it was likely written by an adult and not a student as claimed, Shinoff said. The student whose byline appeared on the unpublished editorial has insisted that she alone wrote the piece. [Blogger's note: A good student in high school writes like an adult, especially if she revises a piece a couple of times. The principal knows this very well. His excuse for censoring the editorial is not credible. Shame on the principal for denying that the girl spoke the truth when she said that she wrote the essay by herself. He's making up an accusation simply to justify his arbitrary and illegal action.] Shinoff has said further that the district's decision to cancel the journalism program predated much of the controversies over the Tomahawk and was due entirely to state budget cut..s. |
Central
10/30/09 04:00PM C-66
CV Hayes, Charles R.
Demurrer / Moti
37-2009-00082579-CU-O
E-CTL D)Mountain
Empire Unified S Daniel
R Shinoff
10/30/09 04:00PM C-66
CV Hayes, Charles R.
Demurrer / Moti
37-2009-00082579-CU-O
E-CTL D)Paul Mallon
Daniel R Shinoff
South County
11/03/09 08:30AM S-04
CV Cannon, William S.
Civil Case Mana
37-2009-00073051-CU-O
E-SC D)Sweetwater
Union High Sch Daniel R
Shinoff
East County
10/29/09 10:00AM E-21
CV
Settlement Conf
37-2008-00065857-CU-O
E-EC D)Kamran
Azimzadeh Daniel
R Shinoff
10/29/09 10:00AM E-21
CV
Settlement Conf
37-2008-00065857-CU-O
E-EC D)Kamran
Azimzaden Daniel
R Shinoff
10/29/09 10:00AM E-21
CV
Settlement Conf
37-2008-00065857-CU-O
E-EC D)Lakeside
Union School Dis Daniel
R Shinoff
10/29/09 10:00AM E-21
CV
Settlement Conf
37-2008-00065857-CU-O
E-EC D)Norman
Lumpkin Daniel R
Shinoff
10/29/09 10:00AM E-21
CV
Settlement Conf
37-2008-00065857-CU-O
E-EC D)Patricia
Curlee Daniel R
Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
Motion Hearing
37-2009-00082498-CU-P
O-EC D)Mountain
Empire School Di Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
Motion Hearing
37-2009-00082498-CU-P
O-EC D)Mountain
Empire Unified S Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
Demurrer / Moti
37-2009-00082498-CU-P
O-EC D)Mountain
Empire School Di Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
Demurrer / Moti
37-2009-00082498-CU-P
O-EC D)Mountain
Empire Unified S Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
Civil Case Mana
37-2009-00082498-CU-P
O-EC D)Mountain
Empire School Di Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
Civil Case Mana
37-2009-00082498-CU-P
O-EC D)Mountain
Empire Unified S Daniel
R Shinoff
10/30/09 11:00AM E-14
CV Sturgeon, Eddie C
OSC - Why Case
GIE036454
D)JOSE ISREAL
QUINONES Daniel R
Shinoff
10/30/09 11:00AM E-14
CV Sturgeon, Eddie C
OSC - Why Case
GIE036454
D)NATIONAL SCHOOL
DISTRICT Daniel R
Shinoff
10/30/09 04:00PM C-66
CV Hayes, Charles R.
Demurrer / Moti
37-2009-00082579-CU-O
E-CTL D)Mountain
Empire Unified S Daniel
R Shinoff
10/30/09 04:00PM C-66
CV Hayes, Charles R.
Demurrer / Moti
37-2009-00082579-CU-O
E-CTL D)Paul Mallon
Daniel R Shinoff
South County
11/03/09 08:30AM S-04
CV Cannon, William S.
Civil Case Mana
37-2009-00073051-CU-O
E-SC D)Sweetwater
Union High Sch Daniel R
Shinoff
East County
10/29/09 10:00AM E-21
CV
Settlement Conf
37-2008-00065857-CU-O
E-EC D)Kamran
Azimzadeh Daniel
R Shinoff
10/29/09 10:00AM E-21
CV
Settlement Conf
37-2008-00065857-CU-O
E-EC D)Kamran
Azimzaden Daniel
R Shinoff
10/29/09 10:00AM E-21
CV
Settlement Conf
37-2008-00065857-CU-O
E-EC D)Lakeside
Union School Dis Daniel
R Shinoff
10/29/09 10:00AM E-21
CV
Settlement Conf
37-2008-00065857-CU-O
E-EC D)Norman
Lumpkin Daniel R
Shinoff
10/29/09 10:00AM E-21
CV
Settlement Conf
37-2008-00065857-CU-O
E-EC D)Patricia
Curlee Daniel R
Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
Motion Hearing
37-2009-00082498-CU-P
O-EC D)Mountain
Empire School Di Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
Motion Hearing
37-2009-00082498-CU-P
O-EC D)Mountain
Empire Unified S Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
Demurrer / Moti
37-2009-00082498-CU-P
O-EC D)Mountain
Empire School Di Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
Demurrer / Moti
37-2009-00082498-CU-P
O-EC D)Mountain
Empire Unified S Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
Civil Case Mana
37-2009-00082498-CU-P
O-EC D)Mountain
Empire School Di Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
Civil Case Mana
37-2009-00082498-CU-P
O-EC D)Mountain
Empire Unified S Daniel
R Shinoff
10/30/09 11:00AM E-14
CV Sturgeon, Eddie C
OSC - Why Case
GIE036454
D)JOSE ISREAL
QUINONES Daniel R
Shinoff
10/30/09 11:00AM E-14
CV Sturgeon, Eddie C
OSC - Why Case
GIE036454
D)NATIONAL SCHOOL
DISTRICT Daniel R
Shinoff
| BOONE v. CARLSBAD COMMUNITY CHURCH ET AL (Apr 2008) • TO ET AL v. POWAY UNIFIED SCHOOL DISTRICT ET AL (Oct 2007) • KEARNEY v. FOLEY & LARDNER, ET AL (May 2007) TO ET AL v. POWAY UNIFIED SCHOOL DISTRICT ET AL (Oct 2007) • OLLIER ET AL v. SWEETWATER UNION HIGH SCHOOL DISTRICT ET AL (Apr 2007) SCHOOL DISTRICT ET AL (Jan 2007) • PETERS, ET AL v. GUAJOME PARK ACADEMY, ET AL (Nov 2006) • ALMENDAREZ v. MIRACOSTA COLLEGE ET AL (Oct 2006) • PINNOCK ET AL v. TWENTY FOUR HOUR FOOD STORES ET AL (Sep 2006) • SORNIA v. EL CENTRO ELEMENTARY, ET AL (Sep 2006) • JOE BABAKANIAN v. INTERNATIONAL HOUSE OF PANCAKES INC ET AL (Feb 2005) Federal cases Boone v. Carlsbad Community Church (Jun 2008) • Houston v. Encinitas Union School Dist. (May 2008) • Sornia v. El Centro Elementary School Dist. (Apr 2008) • Hess v. Ramona Unified School Dist. (Mar 2008) • Houston v. Encinitas Union School Dist. (Jan 2008) • Hess v. Ramona Unified School Dist. (Sep 2007) • Hess v. Ramona Unified School Dist. (Sep 2007) • Crawford v. San Dieguito Union School Dist. (Sep 2006) • Harper v. Poway Unified School Dist. (Apr 2006) • Noyes v. Grossmont Union High School Dist. (Jun 2004) State cases Brennan v. Anaheim Union High School Dist. (Sep 2007) • Shirk v. Vista Unified School Dist. (Aug 2007) • Austin B. v. Escondido Union School Dist. (Apr 2007) • Carter v. Escondido Union High School Dist. (Mar 2007) • Manderville v. PCG & S Group, Inc. (Jan 2007) • Hodge v. Poway Unified School Dist. (Oct 2006) • McCallum v. Carlsbad Unified School Dist. (Jan 2006) • Ramona Unified School Dist. v. Tsiknas (Dec 2005) • Thomas P. v. Fallbrook Union Elementary School Dist. (Jul 2005) • Rodriguez v. McCabe Union School Dist. (Apr 2005) |
11/20/09 10:00AM C-71
CV Prager, Ronald S.
Motion Hearing
GIC871766
D)CAJON VALLEY UNION
SCHOOL Daniel R Shinoff
East County
11/20/09 10:30AM E-14
CV Sturgeon, Eddie C
Civil Case Mana
37-2009-00082498-CU-PO
-EC D)Mountain Empire
School Di Daniel R Shinoff
11/20/09 10:30AM E-14
CV Sturgeon, Eddie C
Civil Case Mana
37-2009-00082498-CU-PO
-EC D)Mountain Empire
Unified S Daniel R Shinoff
CV Prager, Ronald S.
Motion Hearing
GIC871766
D)CAJON VALLEY UNION
SCHOOL Daniel R Shinoff
East County
11/20/09 10:30AM E-14
CV Sturgeon, Eddie C
Civil Case Mana
37-2009-00082498-CU-PO
-EC D)Mountain Empire
School Di Daniel R Shinoff
11/20/09 10:30AM E-14
CV Sturgeon, Eddie C
Civil Case Mana
37-2009-00082498-CU-PO
-EC D)Mountain Empire
Unified S Daniel R Shinoff
02/11/10 09:00AM C-64
CV Nevitt, William R.
Jr. Civil Jury Tria
JUDY BRYANT VS.
RAMONA UNIFIED
SCHOOL DISTRICT
Case Number:
37-2008-00095232-CU-
WT-CTL San Diego
Date Filed:
11/03/2008
Category: CU-WT
Wrongful Termination
Daniel R Shinoff
02/11/10 10:30AM C-68
CV Hayes, Judith F.
Motion Hearing
37-2007-00074942-CU-O
E-CTL
Bruce Borad v.
Grossmont Union High
Scho
Daniel R Shinoff
02/18/10 08:30AM C-63
CV Vargas, Luis R.
Ex Parte
37-2008-00087380-CU-N
P-CTL D)Heather
Hargett Daniel R
Shinoff
02/19/10 08:30AM C-63
CV Vargas, Luis R.
Civil Jury Tria
37-2008-00087380-CU-N
P-CTL D)Heather
Hargett Daniel R
Shinoff
South County
02/19/10 08:30AM S-04
CV Cannon, William S.
Civil Case Mana
37-2009-00073051-CU-O
E-SC D)Sweetwater
Union High Sch Daniel
R Shinoff
02/19/10 08:35AM S-04
CV Cannon, William S.
Motion Hearing
37-2009-00073051-CU-O
E-SC D)Sweetwater
Union High Sch Daniel R
Shinoff
CV Nevitt, William R.
Jr. Civil Jury Tria
JUDY BRYANT VS.
RAMONA UNIFIED
SCHOOL DISTRICT
Case Number:
37-2008-00095232-CU-
WT-CTL San Diego
Date Filed:
11/03/2008
Category: CU-WT
Wrongful Termination
Daniel R Shinoff
02/11/10 10:30AM C-68
CV Hayes, Judith F.
Motion Hearing
37-2007-00074942-CU-O
E-CTL
Bruce Borad v.
Grossmont Union High
Scho
Daniel R Shinoff
02/18/10 08:30AM C-63
CV Vargas, Luis R.
Ex Parte
37-2008-00087380-CU-N
P-CTL D)Heather
Hargett Daniel R
Shinoff
02/19/10 08:30AM C-63
CV Vargas, Luis R.
Civil Jury Tria
37-2008-00087380-CU-N
P-CTL D)Heather
Hargett Daniel R
Shinoff
South County
02/19/10 08:30AM S-04
CV Cannon, William S.
Civil Case Mana
37-2009-00073051-CU-O
E-SC D)Sweetwater
Union High Sch Daniel
R Shinoff
02/19/10 08:35AM S-04
CV Cannon, William S.
Motion Hearing
37-2009-00073051-CU-O
E-SC D)Sweetwater
Union High Sch Daniel R
Shinoff
Case Title: MARK ANDERSON VS.
SWEETWATER UNION HIGH SCHOOL DISTRICT
Case Number: 37-2009-00073051-CU-OE-SC
Case Location: South County
Case Type: Civil Date Filed: 01/08/2009
Category: CU-OE Other employment
SWEETWATER UNION HIGH SCHOOL DISTRICT
Case Number: 37-2009-00073051-CU-OE-SC
Case Location: South County
Case Type: Civil Date Filed: 01/08/2009
Category: CU-OE Other employment
| Southwestern College |
| Sweetwater Union High School District |
Bratcher vs. Poway Unified School
District, et al.
Case No.: GIN012573
Judge: Honorable Lisa Guy-Schall
Plaintiff Counsel: Jeffrey S. Bakerink, Esq., Law Office of
J. Douglas Jennings
Defense Counsel: John T. Farmer, Esq. and Susan I
Filipovic, Esq. of Farmer & Case for defendant Ralph
Bernal and Daniel R. Shinoff, Esq. and Jeffrey A. Morris,
Esq. of Stutz, Gallagher, Artiano, Shinoff & Holtz for
defendant Poway
Unified School District
Type of Incident:: Plaintiff, a teaching aide, claims
she sustained severe physical and emotional
injuries when she was subjected to sexual
harrassment from deft. Bernal, a teacher at
PUSD. She further claimed she was subjected to
retaliation by PUSD and her employment was
constructively terminated in violation of public
policy. She claimed medicals to date of
$90,893.95, future medicals of $721,000, lost
earnings of $36,000, requested an award of
general damages of “between $25,000 and
$25,000,000” and a finding of malice and
oppression for purposes of a punitive damage
award against deft. Bernal.
Settlement Demand: $800,000, raised to
$1,7000,000
Settlement Offer: $100,000 from deft Bernal (CCP
998) and $25,000 from deft. PUSD
Trial Type: Jury
Trial Length: 7 weeks, jury out appx. 5 hours
Verdict: Defense
District, et al.
Case No.: GIN012573
Judge: Honorable Lisa Guy-Schall
Plaintiff Counsel: Jeffrey S. Bakerink, Esq., Law Office of
J. Douglas Jennings
Defense Counsel: John T. Farmer, Esq. and Susan I
Filipovic, Esq. of Farmer & Case for defendant Ralph
Bernal and Daniel R. Shinoff, Esq. and Jeffrey A. Morris,
Esq. of Stutz, Gallagher, Artiano, Shinoff & Holtz for
defendant Poway
Unified School District
Type of Incident:: Plaintiff, a teaching aide, claims
she sustained severe physical and emotional
injuries when she was subjected to sexual
harrassment from deft. Bernal, a teacher at
PUSD. She further claimed she was subjected to
retaliation by PUSD and her employment was
constructively terminated in violation of public
policy. She claimed medicals to date of
$90,893.95, future medicals of $721,000, lost
earnings of $36,000, requested an award of
general damages of “between $25,000 and
$25,000,000” and a finding of malice and
oppression for purposes of a punitive damage
award against deft. Bernal.
Settlement Demand: $800,000, raised to
$1,7000,000
Settlement Offer: $100,000 from deft Bernal (CCP
998) and $25,000 from deft. PUSD
Trial Type: Jury
Trial Length: 7 weeks, jury out appx. 5 hours
Verdict: Defense
Central
02/26/10 09:00AM C-64
CV Nevitt, William R. Jr.
Status Conferen
37-2008-00095232-CU-WT
-CTL D)Ramona Unified
School Dis Daniel R
Shinoff
East County
02/25/10 08:30AM E-14
CV Ex
Parte
37-2009-00082498-CU-PO
-EC D)Mountain Empire
School Di Daniel R Shinoff
02/25/10 08:30AM E-14
CV Ex
Parte
37-2009-00082498-CU-PO
-EC D)Mountain Empire
Unified S Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Summary Judgmen
GIE029351
D)GOVERNING BOARD
OF THE GR Daniel R
Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Summary Judgmen
GIE029351
D)GROSSMONT UNION
HIGH SCHO Daniel R
Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Summary Judgmen
GIE029351
D)ROBERT CORNELIUS
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Summary Judgmen
GIE029351
D)STEVEN SONNICH
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Summary Judgmen
GIE029351
D)TERRY RAY
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Summary Judgmen
GIE029351
D)TERRY RYAN
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE029351
D)GOVERNING BOARD
OF THE GR Daniel R
Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE029351
D)GROSSMONT UNION
HIGH SCHO Daniel R
Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE029351
D)ROBERT CORNELIUS
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE029351
D)STEVEN SONNICH
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE029351
D)TERRY RAY
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE029351
D)TERRY RYAN
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)GOVERNING BOARD
OF THE GR Daniel R
Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)GROSSMONT UNION
HIGH SCHO Daniel R
Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)JAN BRANNEN
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)SCOTT PATTERSON
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)STEVEN SONNICH
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)TERRY RAY
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)TERRY RYAN
Daniel R Shinoff
02/26/10 10:30AM E-14
CV Sturgeon, Eddie C
Civil Case Mana
37-2009-00068439-CU-PA-
EC D)Charles Peter
Neilsen Daniel R Shinoff
02/26/10 10:30AM E-14
CV Sturgeon, Eddie C
Civil Case Mana
37-2009-00068439-CU-PA-
EC D)Ramona Unified
School Dis Daniel R
Shinoff
Calendar data posted to
web server: Wed, Feb 24,
2010, 8:33 AM
Your search results
retrieved: Wed, Feb 24,
2010, 3:57 PM
02/26/10 09:00AM C-64
CV Nevitt, William R. Jr.
Status Conferen
37-2008-00095232-CU-WT
-CTL D)Ramona Unified
School Dis Daniel R
Shinoff
East County
02/25/10 08:30AM E-14
CV Ex
Parte
37-2009-00082498-CU-PO
-EC D)Mountain Empire
School Di Daniel R Shinoff
02/25/10 08:30AM E-14
CV Ex
Parte
37-2009-00082498-CU-PO
-EC D)Mountain Empire
Unified S Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Summary Judgmen
GIE029351
D)GOVERNING BOARD
OF THE GR Daniel R
Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Summary Judgmen
GIE029351
D)GROSSMONT UNION
HIGH SCHO Daniel R
Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Summary Judgmen
GIE029351
D)ROBERT CORNELIUS
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Summary Judgmen
GIE029351
D)STEVEN SONNICH
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Summary Judgmen
GIE029351
D)TERRY RAY
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Summary Judgmen
GIE029351
D)TERRY RYAN
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE029351
D)GOVERNING BOARD
OF THE GR Daniel R
Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE029351
D)GROSSMONT UNION
HIGH SCHO Daniel R
Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE029351
D)ROBERT CORNELIUS
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE029351
D)STEVEN SONNICH
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE029351
D)TERRY RAY
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE029351
D)TERRY RYAN
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)GOVERNING BOARD
OF THE GR Daniel R
Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)GROSSMONT UNION
HIGH SCHO Daniel R
Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)JAN BRANNEN
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)SCOTT PATTERSON
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)STEVEN SONNICH
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)TERRY RAY
Daniel R Shinoff
02/26/10 09:00AM E-14
CV Sturgeon, Eddie C
Trial Readiness
GIE036946
R)TERRY RYAN
Daniel R Shinoff
02/26/10 10:30AM E-14
CV Sturgeon, Eddie C
Civil Case Mana
37-2009-00068439-CU-PA-
EC D)Charles Peter
Neilsen Daniel R Shinoff
02/26/10 10:30AM E-14
CV Sturgeon, Eddie C
Civil Case Mana
37-2009-00068439-CU-PA-
EC D)Ramona Unified
School Dis Daniel R
Shinoff
Calendar data posted to
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2010, 8:33 AM
Your search results
retrieved: Wed, Feb 24,
2010, 3:57 PM
05/24/10 09:00AM C-75 CV Strauss, Richard E. L.
Civil Jury Trial
37-2009-00085480-CU-BC-CTL
SOVAL LLC VS. SAN DIEGUITO UNION HIGH SCHOOL DISTRICT
Case Location: San Diego
Date Filed: 03/18/2009
Category: CU-BCW Breach of Contract/Warranty
D)SAN DIEGUITO UNION HIGH S Daniel R Shinoff
North County
05/13/10 01:30PM N-21 CV Pressman, Joel M.
Settlement Conf 37-2009-00054392-CU-PO-NC
D)Oceanside Unified School
Daniel R Shinoff
05/14/10 01:30PM N-29 CV Dahlquist, Robert P
Demurrer / Moti 37-2010-00050825-CU-OE-NC
D)Escondido Union High Scho
Daniel R Shinoff
East County
05/11/10 10:00AM E-21 CV
Settlement Conf 37-2009-00068439-CU-PA-EC
D)Charles Peter Neilsen
D)Ramona Unified School Dis
Daniel R Shinoff
East County
05/21/10 10:30AM E-15 CV Trapp, Randa Civil Case Mana
37-2008-00102526-CU-PO-EC C)Julian Unified School Dis Daniel R Shinoff
05/21/10 10:30AM E-15 CV Trapp, Randa Civil Case Mana
37-2008-00102526-CU-PO-EC C)Julian Union High School Daniel R Shinoff
Central
05/14/10 09:00AM C-75 CV Strauss, Richard E. L.
Civil Jury Tria 37-2009-00085480-CU-BC-CTL D)SAN
DIEGUITO UNION HIGH S Daniel R Shinoff
SOVAL LLC VS. SAN DIEGUITO UNION HIGH SCHOOL
DISTRICT
Case Number: 37-2009-00085480-CU-BC-CTL
Case Location: San Diego
Case Type: Civil Date Filed: 03/18/2009
Category: CU-BCW Breach of
Contract/Warranty
North County
05/14/10 01:30PM N-29 CV Dahlquist, Robert P
Demurrer / Moti 37-2010-00050825-CU-OE-NC
D)Escondido Union High Scho Daniel R Shinoff
East County
05/14/10 10:00AM E-14 CV Sturgeon, Eddie C
Trial Readiness 37-2009-00082498-CU-PO-EC
D)Mountain Empire School Di Daniel R Shinoff
05/14/10 10:00AM E-14 CV Sturgeon, Eddie C
Trial Readiness 37-2009-00082498-CU-PO-EC
D)Mountain Empire Unified S Daniel R Shinoff
05/21/10 10:30AM E-15 CV Trapp, Randa
Civil Case Mana 37-2008-00102526-CU-PO-EC
C)Julian Unified School Dis Daniel R Shinoff
05/21/10 10:30AM E-15 CV Trapp, Randa
Civil Case Mana 37-2008-00102526-CU-PO-EC
C)Julian Union High School Daniel R Shinoff
05/14/10 09:00AM C-75 CV Strauss, Richard E. L.
Civil Jury Tria 37-2009-00085480-CU-BC-CTL D)SAN
DIEGUITO UNION HIGH S Daniel R Shinoff
SOVAL LLC VS. SAN DIEGUITO UNION HIGH SCHOOL
DISTRICT
Case Number: 37-2009-00085480-CU-BC-CTL
Case Location: San Diego
Case Type: Civil Date Filed: 03/18/2009
Category: CU-BCW Breach of
Contract/Warranty
North County
05/14/10 01:30PM N-29 CV Dahlquist, Robert P
Demurrer / Moti 37-2010-00050825-CU-OE-NC
D)Escondido Union High Scho Daniel R Shinoff
East County
05/14/10 10:00AM E-14 CV Sturgeon, Eddie C
Trial Readiness 37-2009-00082498-CU-PO-EC
D)Mountain Empire School Di Daniel R Shinoff
05/14/10 10:00AM E-14 CV Sturgeon, Eddie C
Trial Readiness 37-2009-00082498-CU-PO-EC
D)Mountain Empire Unified S Daniel R Shinoff
05/21/10 10:30AM E-15 CV Trapp, Randa
Civil Case Mana 37-2008-00102526-CU-PO-EC
C)Julian Unified School Dis Daniel R Shinoff
05/21/10 10:30AM E-15 CV Trapp, Randa
Civil Case Mana 37-2008-00102526-CU-PO-EC
C)Julian Union High School Daniel R Shinoff
| Shirk v. VUSD delayed claim regarding sex abuse by teacher |
DANTE CALAFATO VS. POWAY UNIFIED
SCHOOL DISTRICT
37-2009-00092112-CU-PO-CTL
Case Location: San Diego
Date Filed: 06/16/2009
Category: CU-PO PI/PD/WD - Other
Plaintiff also: D A LEWIS CONSTRUCTION INC
Defendant/Respondent
POWAY UNIFIED SCHOOL DISTRICT
D A LEWIS CONSTRUCTION, INC
ECHO PACIFIC CONSTRUCTION INC
05/25/10 08:30AM C-69 Ex Parte
Daniel R Shinoff
KRISTIN THOMAS VS. POWAY UNIFIED
SCHOOL DISTRICT
Case Number:
37-2009-00091306-CU-PO-CTL
Case Location: San Diego
Date Filed: 06/05/2009
Category: CU-PO PI/PD/WD - Other
05/26/10 08:15AM C-64 Ex Parte
D)Poway Unified School Dist
Daniel R Shinoff
SCHOOL DISTRICT
37-2009-00092112-CU-PO-CTL
Case Location: San Diego
Date Filed: 06/16/2009
Category: CU-PO PI/PD/WD - Other
Plaintiff also: D A LEWIS CONSTRUCTION INC
Defendant/Respondent
POWAY UNIFIED SCHOOL DISTRICT
D A LEWIS CONSTRUCTION, INC
ECHO PACIFIC CONSTRUCTION INC
05/25/10 08:30AM C-69 Ex Parte
Daniel R Shinoff
KRISTIN THOMAS VS. POWAY UNIFIED
SCHOOL DISTRICT
Case Number:
37-2009-00091306-CU-PO-CTL
Case Location: San Diego
Date Filed: 06/05/2009
Category: CU-PO PI/PD/WD - Other
05/26/10 08:15AM C-64 Ex Parte
D)Poway Unified School Dist
Daniel R Shinoff
| San Diego Education Report |
Lawsuit abuse by school attorneys?
| South County K-12 Schools |
06/06/08 01:30PM N-31
Guy-Schall, Lisa
Motion Hearing
Daniel R. Shinoff
Guy-Schall, Lisa
Motion Hearing
Daniel R. Shinoff
LELANY WELLS VS. MOUNTAIN EMPIRE
SCHOOL DISTRICT
06/21/10 E-14 Sturgeon, Eddie Civil Jury
Tria
37-2009-00082498-CU-PO-EC
D)Mountain Empire School Di
Daniel R Shinoff
SCHOOL DISTRICT
06/21/10 E-14 Sturgeon, Eddie Civil Jury
Tria
37-2009-00082498-CU-PO-EC
D)Mountain Empire School Di
Daniel R Shinoff
08/14/09 09:30AM C-66
Hayes, Charles R.
37-2009-00082579-CU-OE-CTL
D)Mountain Empire Unified
D)Paul Mallon
Daniel R Shinoff
Hayes, Charles R.
37-2009-00082579-CU-OE-CTL
D)Mountain Empire Unified
D)Paul Mallon
Daniel R Shinoff
Central
09/03/10 09:40AM C-70 CV Bloom, Jay M. Civil Case Mana
37-2010-00074677-CU-PT-CTL P)Sweetwater Union High Sch Daniel R Shinoff
09/03/10 09:40AM C-70 CV Bloom, Jay M. OSC - Why Case
37-2010-00074677-CU-PT-CTL P)Sweetwater Union High Sch Daniel R Shinoff
East County
09/03/10 09:00AM E-14 CV Sturgeon, Eddie C Demurrer / Moti
37-2010-00065496-CU-PA-EC D)Lakeside Union School Dis Daniel R Shinoff
09/03/10 09:40AM C-70 CV Bloom, Jay M. Civil Case Mana
37-2010-00074677-CU-PT-CTL P)Sweetwater Union High Sch Daniel R Shinoff
09/03/10 09:40AM C-70 CV Bloom, Jay M. OSC - Why Case
37-2010-00074677-CU-PT-CTL P)Sweetwater Union High Sch Daniel R Shinoff
East County
09/03/10 09:00AM E-14 CV Sturgeon, Eddie C Demurrer / Moti
37-2010-00065496-CU-PA-EC D)Lakeside Union School Dis Daniel R Shinoff