| Nov. 10, 2007 Two days ago, Stutz law firm said under oath that it does not consider Daniel Shinoff to be a public figure. Is Stutz dishonest, or does it not understand the meaning of "public figure"? Here are the results the San Diego Union Tribune's online newspaper gave on November 10, 2007 for keyword "Shinoff" Grossmont board toughens harassment policy | The San Diego Union- Tribune ...district's legal counsel, Dan Shinoff. When told that Urdahl... ...Shinoff's name is on a Feb. 22 summary of the harassment allegation... Friday, January 12, 2007 Teacher's suit vs. MiraCosta awaits ruling | The San Diego Union-Tribune ...law firm of Stutz, Artiano, Shinoff & Holtz. San Diego attorney... ... Warren complained that Daniel Shinoff, the attorney who Hatoff said... Saturday, August 25, 2007 Judge reverses decision on attorneys in MiraCosta case | The San Diego ...the San Diego firm Stutz Artiano Shinoff & Holtz can continue to... ... information to attorney Daniel Shinoff, who was conducting a probe... Thursday, September 06, 2007 Santana lawsuit faces more delays | The San Diego Union-Tribune ...we will proceed with trial," Dan Shinoff, a lawyer for the district,... ... Shinoff said the district refused the offer because it had already... Friday, January 12, 2007 Parents of slain teens ask judge to end suit | The San Diego Union-Tribune ...Dan Shinoff, an attorney for the district, said the district agreed... ... been very difficult for them,” Shinoff said. Michelle and George... Friday, January 12, 2007 Judge reverses decision on attorneys in MiraCosta case | The San Diego ...the San Diego firm Stutz Artiano Shinoff & Holtz can continue to... ... information to attorney Daniel Shinoff, who was conducting a probe... Thursday, September 06, 2007 MiraCosta's odd sense of fiduciary duty | The San Diego Union-Tribune ...will never know,” affirmed Dan Shinoff, the college's urbane... ...on the billable direction of Shinoff, ordered a blitzkrieg when a... Thursday, April 26, 2007 Federal lawsuit filed over land purchased by Ramona district | The San ... ...Dan Shinoff, who is representing the school district employee, said... ... have to be guilty of something,” Shinoff said. “It's the something... Friday, January 12, 2007 Suit says student assaulted classmate | The San Diego Union-Tribune ...Daniel Shinoff, the attorney representing Sweetwater, said the... ...a violation of district policy. Shinoff disputed that claim. A... Tuesday, January 16, 2007 Mediator: MiraCosta owes more to Richart | The San Diego Union-Tribune ...Tuesday after attorney Daniel Shinoff, who represents MiraCosta,... ... said Ottilie's letter to Shinoff. College trustee conduct, the... Monday, August 27, 2007 Plague bacteria found in squirrel | The San Diego Union-Tribune ...college's legal counsel, Daniel Shinoff of San Diego. College... ...Shinoff has 30 days to respond to Page's letter. –L.S. Del Mar to... Wednesday, July 04, 2007 SignOnSanDiego > News > North County > Logan Jenkins -- Richart schools us ... ...MiraCosta's attorney, Dan Shinoff. Shinoff, the guy who'd... Thursday, August 30, 2007 Plague bacteria found in squirrel | The San Diego Union-Tribune ...college's legal counsel, Daniel Shinoff of San Diego. College... ...Shinoff has 30 days to respond to Page's letter. –L.S. Del Mar to... Wednesday, July 04, 2007 News > Education -- Mediator: MiraCosta owes more to Richart ...Tuesday after attorney Daniel Shinoff, who represents MiraCosta,... ... said Ottilie's letter to Shinoff. College trustee conduct, the... Thursday, August 23, 2007 MiraCosta's lawyers tentatively disqualified | The San Diego Union-Tribune ...the college, Stutz Artiano Shinoff & Holtz, disqualified because she... Friday, August 24, 2007 For him, Iraq's safer than biking | The San Diego Union-Tribune ...law firm of Stutz, Artiano, Shinoff & Holtz on March 1. She'll run a... Friday, January 12, 2007 School district to review foundation ties | The San Diego Union-Tribune ...the San Diego firm Stutz Artiano Shinoff & Holtz argued in a Feb. 23... Wednesday, February 28, 2007 Ex-principal, charged with theft, to pay district | The San Diego Union- Tribune ...figure, Sweetwater attorney Dan Shinoff said. “The number is for... Thursday, April 26, 2007 'It's a new day' for Grossmont school board | The San Diego Union-Tribune ...Dan Shinoff, the district's legal counsel, said the superintendent's... Friday, January 12, 2007 On the move | The San Diego Union-Tribune ...associate with Stutz, Artiano, Shinoff & Holtz in San Diego.... Friday, January 12, 2007 MiraCosta to reply to suit by ex-dean | The San Diego Union-Tribune ...San Diego firm of Stutz Artiano Shinoff & Holtz, which is... Saturday, February 24, 2007 Parents' claim over photos is rejected | The San Diego Union-Tribune ...Dan Shinoff, an attorney for the San Dieguito district, said school... Friday, January 12, 2007 News > Education -- MiraCosta's lawyers tentatively disqualified ...the college, Stutz Artiano Shinoff & Holtz, disqualified because she... Friday, August 24, 2007 |
Here's more on the wrongful death suit Shinoff is defending:
City of Encinitas, School District Sued for Wrongful Death
Editor: Randy Walton & Scott Barber
November 10, 2007
By Randy Walton
The family of a San Dieguito Academy teenager who died
after being hit by a fellow student's car has filed a wrongful
death lawsuit in Vista Superior Court. Named in the lawsuit
are the City of Encinitas, San Dieguito Academy, San
Dieguito Union High School and the State Department of
Transportation. The driver of the vehicle and his father were
also named.
The lawsuit alleges that the district and the state knew that
road conditions in the area were dangerous and therefore
must share in the liability.
The suit, which seeks unspecified damages, alleges that
road conditions in the area are dangerous and that the
agencies are partly liable for the boy's death because they
knew of the problem, or should have known, and did nothing
about it.
The accident happened beneath the Interstate 5 bridge that
spans Santa Fe Drive, about four blocks west of San
Dieguito Academy. Ryan was walking with other students
who were returning to school from a lunch break.
No sidewalks exist on the south side of the busy road, where
the students were walking. The lawsuit states that pedestrian
access is inadequate, and so are signs and warning devices
to keep pedestrians safe.
The lawsuit alleges that the school district was negligent and
says the open-campus policy at San Dieguito Academy
exposes students to the risks of busy roads without
adequate supervision.
The victim's family is represented by prominent San Diego
attorney Craig McClellan, who has said his case against the
school district would focus on the negligence of it "open
campus" policy knowing of the dangerous conditions outside
the campus.
There is apparently evidence that the negligent driver, also
a teen, was showing off to his passenger at the time of the
accident, and deliberately maneuvered his car in a reckless
way before losing control of his car. Everybody in the case
will obviously be pointed at the driver as the sole case of the
accident. I think it will be tough to get around that, but if any
lawyer in San Diego can spread the liability around to the
other defendants it's Craig McClennan. This will be an
interesting case to follow.
Trackback Pings
TrackBack URL for this entry:
http://myblog.injuryboard.com/cgi-bin/mt/mt-tb.cgi/14588
http://sandiegocounty.injuryboard.com/wrongful-death/city-of-
encinitas-school-district-sued-for-wrongful-death.php?
googleid=13072
City of Encinitas, School District Sued for Wrongful Death
Editor: Randy Walton & Scott Barber
November 10, 2007
By Randy Walton
The family of a San Dieguito Academy teenager who died
after being hit by a fellow student's car has filed a wrongful
death lawsuit in Vista Superior Court. Named in the lawsuit
are the City of Encinitas, San Dieguito Academy, San
Dieguito Union High School and the State Department of
Transportation. The driver of the vehicle and his father were
also named.
The lawsuit alleges that the district and the state knew that
road conditions in the area were dangerous and therefore
must share in the liability.
The suit, which seeks unspecified damages, alleges that
road conditions in the area are dangerous and that the
agencies are partly liable for the boy's death because they
knew of the problem, or should have known, and did nothing
about it.
The accident happened beneath the Interstate 5 bridge that
spans Santa Fe Drive, about four blocks west of San
Dieguito Academy. Ryan was walking with other students
who were returning to school from a lunch break.
No sidewalks exist on the south side of the busy road, where
the students were walking. The lawsuit states that pedestrian
access is inadequate, and so are signs and warning devices
to keep pedestrians safe.
The lawsuit alleges that the school district was negligent and
says the open-campus policy at San Dieguito Academy
exposes students to the risks of busy roads without
adequate supervision.
The victim's family is represented by prominent San Diego
attorney Craig McClellan, who has said his case against the
school district would focus on the negligence of it "open
campus" policy knowing of the dangerous conditions outside
the campus.
There is apparently evidence that the negligent driver, also
a teen, was showing off to his passenger at the time of the
accident, and deliberately maneuvered his car in a reckless
way before losing control of his car. Everybody in the case
will obviously be pointed at the driver as the sole case of the
accident. I think it will be tough to get around that, but if any
lawyer in San Diego can spread the liability around to the
other defendants it's Craig McClennan. This will be an
interesting case to follow.
Trackback Pings
TrackBack URL for this entry:
http://myblog.injuryboard.com/cgi-bin/mt/mt-tb.cgi/14588
http://sandiegocounty.injuryboard.com/wrongful-death/city-of-
encinitas-school-district-sued-for-wrongful-death.php?
googleid=13072
| The North County Times mentions Dan Shinoff in this Nov. 10, 2007 article: Mother of teen suing over son's death ENCINITAS -- The mother of a San Dieguito Academy teen who was killed when he was struck by a fellow student's pickup truck is suing the driver, his father and several other entities, including the city of Encinitas. In her lawsuit, filed in September in Vista Superior Court, Patricia Hwang of Carlsbad also names San Dieguito Academy, San Dieguito Union High School District and the state Department of Transportation as defendants... Hwang's 14-year-old son, Ryan, was walking along Santa Fe Drive at about noon Jan. 31, when a fishtailing pickup driven by a 17-year-old student struck and killed him... The accident happened beneath the Interstate 5 bridge that spans Santa Fe Drive, about four blocks west of San Dieguito Academy. Ryan was walking with other students who were returning to school from a lunch break. No sidewalks exist on the south side of the busy road, where the students were walking... According to the lawsuit, the city and Caltrans "knew or should have known" about dangerous conditions in and around the freeway overpass... The lawsuit alleges that the school district was negligent and says the open-campus policy at San Dieguito Academy exposes students to the risks of busy roads without adequate supervision. Hwang's attorney, Craig R. McClellan II, said his client's claim against the school district would focus on the negligence of establishing an open-campus policy in light of dangerous conditions that exist off the campus. On Friday, Superintendent Peggy Lynch said the open-campus policy at San Dieguito Academy has existed for years. Other high schools in the district also allow students in some grades to leave campus during lunch. San Dieguito's attorney, Dan Shinoff, said Friday the state Education Code permits local school boards to adopt open-campus policies at high schools. The code states that school officials must notify parents of such policies. "We were unable to locate any such disclosure as having been given to Patty (Ryan's mother)," McClellan said... The pickup's driver and his friend, both 17 at the time, had left the campus at lunch to drive to a Costco store in Carlsbad, where they purchased hot dogs and sodas... With his passenger "shouting encouragement," the driver purposely slid his tires and succeeded in what he told a deputy was "getting squirrelly." Trying to gain control of the sliding Nissan, the driver didn't see Ryan until it was too late, the deputy's report states. He tried to brake at the last minute. Out of control, the skidding vehicle pinned Ryan between its front end and a freeway column. Ryan died within an hour of his injuries. Since 1993, there have been 28 collisions at the freeway interchange, Sheriff's Sgt. Randy Webb said Friday. The only fatality was in the one that involved Ryan... |
| "Stutz Artiano Attorneys Recognized in San Diego Daily Transcript Top Ten Attorneys in San Diego "On August 7, 2005, the San Diego Daily Transcript named its Top Ten Attorneys in San Diego. In the area of Municipal/Government Law, Daniel Shinoff was recognized by his peers as one of the Top Ten. Dan has been recognized in other news articles as being among the best lawyers in San Diego, and has handled several cases that have received national attention, including the Santana High shooting. We are especially pleased to report that Ray Artiano and Jack Sleeth were among those nominated by the San Diego legal community." Downloaded 11-30-07 |
| The prize discussed above was awarded to the attorneys that got other attorneys to send in nominations and votes for them. Most of the highest-paid attorneys in San Diego were not mentioned at all in the "election." They didn't need this recognition. They didn't value it enough to get involved. Dan Shinoff didn't get this award by trying to avoid the public spotlight. |
"Shinoff and Abed Successfully Defend FEHA Discrimination
and Interactive Process Suit
"Daniel Shinoff and Gil Abed successfully defended a lawsuit
in Imperial County entitled Rodriguez v. McCabe Union
School District. Plaintiff alleged discrimination under FEHA
and a failure to engage in the interactive process case. The
key issue that Shinoff and Abed litigated was whether there
is a requirement to engage in the interactive process while
an employee is on leave and has not been released back to
work. Shinoff and Abed also successfully argued that the
elimination of the Plaintiff's position due to lack of funds,
while Plaintiff was on leave, was not pretext. The trial
duration was one week and resulted in a defense verdict."
http://www.stutzartiano.com/news/item.php?item_id=000056
11-30-07
and Interactive Process Suit
"Daniel Shinoff and Gil Abed successfully defended a lawsuit
in Imperial County entitled Rodriguez v. McCabe Union
School District. Plaintiff alleged discrimination under FEHA
and a failure to engage in the interactive process case. The
key issue that Shinoff and Abed litigated was whether there
is a requirement to engage in the interactive process while
an employee is on leave and has not been released back to
work. Shinoff and Abed also successfully argued that the
elimination of the Plaintiff's position due to lack of funds,
while Plaintiff was on leave, was not pretext. The trial
duration was one week and resulted in a defense verdict."
http://www.stutzartiano.com/news/item.php?item_id=000056
11-30-07
| Stutz law firm's website boasts: |
| Stutz law firm's own words indicate that Ray Artiano was misrepresenting the facts when he claimed (under oath) that Dan Shinoff is not a public figure. |
Daniel R. Shinoff
Shareholder
Education, Employment, Public Entity, General Tort Litigation
San Diego
Phone: (619) 232-3122
Fax: (619) 232-3264
Education
Western State University, J.D., 1981
University of Manitoba, 1978
Daniel R. Shinoff focuses on the defense of public entities in the area
of general tort practice with a focus on employment claims. He has
extensive trial experience in the representation of clients in a variety of
matters including general negligence, dangerous conditions,
discrimination, wrongful termination, sexual harassment and civil rights
issues. Mr. Shinoff also has substantial experience in advisory and
litigation work concerning the Brown Act and the California Public
Records Act. Admitted to the California and Federal bars in 1981, Mr.
Shinoff is also a member of the United States Supreme Court Bar.
Mr. Shinoff has worked with San Diego County Office of Education Joint
Powers Authority (JPA) since 1982 in defense of numerous cases
representing school districts within San Diego and Imperial counties.
He routinely counsels school boards, and school and
community college districts regarding all aspects of
school law.
Recognized as a leading authority in school district
defense and litigation, Mr. Shinoff is a frequent lecturer in
continuing education and personnel training. His seminars
have included topics on special education, employment
discrimination, sexual harassment and the Americans
with Disabilities Act.
Bar Admissions
California
United States Supreme Court
Honors/Affiliations
Member, San Diego County Bar Association
Member, Association of Southern California Defense Counsel
Member, San Diego Defense Lawyers Association
Member, United States Supreme Court Bar Association
Member, North County Bar Association
http://www.stutzartiano.com/attorneys/shinoff.html
downloaded 11-30-07
Shareholder
Education, Employment, Public Entity, General Tort Litigation
San Diego
Phone: (619) 232-3122
Fax: (619) 232-3264
Education
Western State University, J.D., 1981
University of Manitoba, 1978
Daniel R. Shinoff focuses on the defense of public entities in the area
of general tort practice with a focus on employment claims. He has
extensive trial experience in the representation of clients in a variety of
matters including general negligence, dangerous conditions,
discrimination, wrongful termination, sexual harassment and civil rights
issues. Mr. Shinoff also has substantial experience in advisory and
litigation work concerning the Brown Act and the California Public
Records Act. Admitted to the California and Federal bars in 1981, Mr.
Shinoff is also a member of the United States Supreme Court Bar.
Mr. Shinoff has worked with San Diego County Office of Education Joint
Powers Authority (JPA) since 1982 in defense of numerous cases
representing school districts within San Diego and Imperial counties.
He routinely counsels school boards, and school and
community college districts regarding all aspects of
school law.
Recognized as a leading authority in school district
defense and litigation, Mr. Shinoff is a frequent lecturer in
continuing education and personnel training. His seminars
have included topics on special education, employment
discrimination, sexual harassment and the Americans
with Disabilities Act.
Bar Admissions
California
United States Supreme Court
Honors/Affiliations
Member, San Diego County Bar Association
Member, Association of Southern California Defense Counsel
Member, San Diego Defense Lawyers Association
Member, United States Supreme Court Bar Association
Member, North County Bar Association
http://www.stutzartiano.com/attorneys/shinoff.html
downloaded 11-30-07
Shinoff, Sleeth and Carelli Successfully Defend Brown Act
Violation Suit in Fourth Appellate District Court
Dan Shinoff, Jack Sleeth and Paul Carelli successfully defended an
appeal of a trial court ruling denying Plaintiff's petition for writ of
mandate. The Plaintiff sought a declaration that the Board of Trustees
of a school district violated the Brown Act by meeting in closed session
and deciding not to renew her term as an Assistant Superintendent.
The Court held that the closed session matter was not based on
complaints or charges against the Assistant Superintendent under
Government Code section 54957(b)(2). Instead, the school board's
decision to reelect or nonreelect necessarily involved the evaluation of
performance, which Government Code section 54957 permits in closed
session. The Plaintiff's petition for writ of mandate was denied by the
trial court and affirmed by the Appellate court.
Violation Suit in Fourth Appellate District Court
Dan Shinoff, Jack Sleeth and Paul Carelli successfully defended an
appeal of a trial court ruling denying Plaintiff's petition for writ of
mandate. The Plaintiff sought a declaration that the Board of Trustees
of a school district violated the Brown Act by meeting in closed session
and deciding not to renew her term as an Assistant Superintendent.
The Court held that the closed session matter was not based on
complaints or charges against the Assistant Superintendent under
Government Code section 54957(b)(2). Instead, the school board's
decision to reelect or nonreelect necessarily involved the evaluation of
performance, which Government Code section 54957 permits in closed
session. The Plaintiff's petition for writ of mandate was denied by the
trial court and affirmed by the Appellate court.
| Dan Shinoff has succeeded in his obvious attempts to shine a public spotlight on himself: |
Here's what's on the home page for www.stutzartiano.com on
11-30-07:
Kostic and Wallace Nominated for 2007 Best Young Attorneys
Award
Artiano and Kostic Defeat Interference with Constitutional Right
to Free Speech and False Arrest Case.
Shinoff, Sleeth and Carelli Successfully Defend Brown Act
Violation Suit in Fourth Appellate District Court
11-30-07:
Kostic and Wallace Nominated for 2007 Best Young Attorneys
Award
Artiano and Kostic Defeat Interference with Constitutional Right
to Free Speech and False Arrest Case.
Shinoff, Sleeth and Carelli Successfully Defend Brown Act
Violation Suit in Fourth Appellate District Court
"News" from the Stutz website:
| In 2003, Shinoff sat for this photograph taken by Don Boomer of the North County Times. Click here for photo |
In April 2003, Dan Shinoff agreed to a lengthy interview by
the North County Times, resulting in the following story.
This article certainly makes Daniel Shinoff sound like a
public figure.
Below are some highlights of the article:
Attorney Daniel Shinoff has been representing school
districts countywide for 20 years.
Poway attorney makes career defending schools
For 20 years, when school districts countywide have
needed legal help, their calls most often have reached
the desk of one man ---- Daniel Shinoff.
Ranging from teachers alleging discrimination to
wrongful-death lawsuits involving students, the legal
issues that have confronted districts have varied and
grown more complex over the years, but Shinoff, 47, of
Poway and his law firm have remained a constant...
Shinoff said that over the years he has devoted more
time to advisory efforts to try to prevent legal problems
for school districts, but 70 percent of his practice still
involves representing the districts in litigation.
Diane Crosier, the senior director of a joint powers
authority made up of school districts countywide that
contracts with Shinoff's firm, said that the districts have
been pleased with Shinoff's work and that he has done a
good job.
A 'zealous advocate'
...Shinoff's interest in being an attorney dates back to his
childhood in Winnipeg, Manitoba, but his specialization in
the area of education started in 1982 "strictly by
happenstance," he said.
Shinoff attended Western State University law school in
San Diego ---- now known as Thomas Jefferson School of
Law ---- and in 1981 began working as in-house counsel
for Price Co. Shinoff joined the San Diego law firm of
which he is a partner today in June 1982 and almost
immediately began representing school districts through
the joint powers authority.
Using his school experience
Shinoff said some of the experience he has gathered
working with public school districts has helped him away
from work as well, as he has devoted time to working with
the Jewish private school his four children attend, the
San Diego Jewish Academy. Shinoff's service has
included serving as president of the academy's
19-member board of directors...
Contact staff writer Scott Marshall at (760) 631-6623 or
smarshall@nctimes.com.
SCOTT MARSHALL
Staff writer
4/28/03
the North County Times, resulting in the following story.
This article certainly makes Daniel Shinoff sound like a
public figure.
Below are some highlights of the article:
Attorney Daniel Shinoff has been representing school
districts countywide for 20 years.
Poway attorney makes career defending schools
For 20 years, when school districts countywide have
needed legal help, their calls most often have reached
the desk of one man ---- Daniel Shinoff.
Ranging from teachers alleging discrimination to
wrongful-death lawsuits involving students, the legal
issues that have confronted districts have varied and
grown more complex over the years, but Shinoff, 47, of
Poway and his law firm have remained a constant...
Shinoff said that over the years he has devoted more
time to advisory efforts to try to prevent legal problems
for school districts, but 70 percent of his practice still
involves representing the districts in litigation.
Diane Crosier, the senior director of a joint powers
authority made up of school districts countywide that
contracts with Shinoff's firm, said that the districts have
been pleased with Shinoff's work and that he has done a
good job.
A 'zealous advocate'
...Shinoff's interest in being an attorney dates back to his
childhood in Winnipeg, Manitoba, but his specialization in
the area of education started in 1982 "strictly by
happenstance," he said.
Shinoff attended Western State University law school in
San Diego ---- now known as Thomas Jefferson School of
Law ---- and in 1981 began working as in-house counsel
for Price Co. Shinoff joined the San Diego law firm of
which he is a partner today in June 1982 and almost
immediately began representing school districts through
the joint powers authority.
Using his school experience
Shinoff said some of the experience he has gathered
working with public school districts has helped him away
from work as well, as he has devoted time to working with
the Jewish private school his four children attend, the
San Diego Jewish Academy. Shinoff's service has
included serving as president of the academy's
19-member board of directors...
Contact staff writer Scott Marshall at (760) 631-6623 or
smarshall@nctimes.com.
SCOTT MARSHALL
Staff writer
4/28/03
| Daniel Shinoff appeared on the front page of the North County Times in 2003. |
| The Daily Transcript yearly best-lawyer prize isn't meaningful as a gauge of a barrister's competence. It is not determined by asking judges or lawyers to rate lawyers, as is the San Diego Magazine's list of best lawyers and doctors. The votes are all mail-in for the Daily Transcript. Stutz law firm seems to be over-represented in the results, possibly because the partners campaign heavily both within the firm and outside it. This isn't a prize for Bashful Brunos. It's a prize for climbers and schmoozers. It's a prize for someone who wants to be a public figure, and has gained that status by winning. Daniel Shinoff achieved his goal in 2005. |
North County Times
http://www.nctimes.com/
Most Commented-On Stories This Week
• Letters to the Editor - 11/16/2007 (165)
• Garrard returns to form as Jaguars beat
Chargers 24-17 (83)
• Letters to the Editor - 11/20/2007 (79)
• Bilbray bill proposes stricter immigration
enforcement (72)
• Letters to the Editor - 11/19/2007 (67)
• Fewer illegal immigrants expected to return
home for holidays (67)
• Union files complaint in firing of RBV
coach (65)
• Letters to the Editor - 11/21/2007 (58)
• Parents upset about firing of Vista coach (56)
• Coastal Commission approves Carlsbad desal
plant (52)
• Letters to the Editor - 11/23/2007 (51)
• Former friend: Boy in shooting angry; desert
teen says he immediately thought 'Matt did it' (49)
• Water shortages on the horizon (40)
• 'Pendleton 8' documentary in production (39)
• Merriman backs off critical remarks (39)
• Letters to the Editor - 11/22/2007 (36)
• Issa criticizes state fire report (35)
• Casino deals head to voters (32)
• Letters to the Editor - 11/17/07 (30)
• Fletes' case is discussed (29)
• Bulldozer scar follows fire (28)
• Fires leaves poor families with ashes (27)
• OPD drug sweep nets one arrest (26)
• Work starts on new Carlsbad airline terminal
(26)
• Lawsuit targets police, school district (25)
But this most-commented-on story did not
turn up in a search!
http://www.nctimes.com/
Most Commented-On Stories This Week
• Letters to the Editor - 11/16/2007 (165)
• Garrard returns to form as Jaguars beat
Chargers 24-17 (83)
• Letters to the Editor - 11/20/2007 (79)
• Bilbray bill proposes stricter immigration
enforcement (72)
• Letters to the Editor - 11/19/2007 (67)
• Fewer illegal immigrants expected to return
home for holidays (67)
• Union files complaint in firing of RBV
coach (65)
• Letters to the Editor - 11/21/2007 (58)
• Parents upset about firing of Vista coach (56)
• Coastal Commission approves Carlsbad desal
plant (52)
• Letters to the Editor - 11/23/2007 (51)
• Former friend: Boy in shooting angry; desert
teen says he immediately thought 'Matt did it' (49)
• Water shortages on the horizon (40)
• 'Pendleton 8' documentary in production (39)
• Merriman backs off critical remarks (39)
• Letters to the Editor - 11/22/2007 (36)
• Issa criticizes state fire report (35)
• Casino deals head to voters (32)
• Letters to the Editor - 11/17/07 (30)
• Fletes' case is discussed (29)
• Bulldozer scar follows fire (28)
• Fires leaves poor families with ashes (27)
• OPD drug sweep nets one arrest (26)
• Work starts on new Carlsbad airline terminal
(26)
• Lawsuit targets police, school district (25)
But this most-commented-on story did not
turn up in a search!
| San Diego Attorney Daniel Shinoff: Not a public figure? |
| Limited purpose public figure |
| California Appellate Report by Shaun Martin Wednesday, August 15, 2007 McGarry v. University of San Diego (Cal. Ct. App. - Aug. 15, 2007) I've got tenure. Thankfully. As a result, at least in theory, I could take serious issue with this opinion by Justice McDonald. So I could strenuously argue that the University of San Diego and my present boss, Mary Lyons (the president of USD), should properly be subjected to a lawsuit for defamation by Kevin McGarry, the former longtime football coach for USD before he was fired in 2003. And, at least in theory, I would suffer no adverse consequences whatsoever for my statement that my boss and employer should be seriously punished for their misconduct. But I ain't gonna test the waters. Because, fortunately, I think that Justice McDonald is correct in this one. McGarry's lawsuit was properly dismissed on an anti-SLAPP motion because while we know (from the newspaper) that someone at USD uttered allegedly defamatory statements about McGarry, the Shield Law precluded McGarry from discovering their identity from the newspaper. And an anti-SLAPP motion was proper because McGarry was a limited purpose public figure and the alleged defamation arose from protected conduct. So USD, and President Lyons, wins. And recover their costs and attorney's fees on appeal. All of which, I might respectfully suggest, could easily be allocated towards merit raises on behalf of diligently blogging legal scholars at the University of San Diego School of Law. - posted by Shaun Martin @ 12:49 PM as retrieved on Mar 30, 2008 |
OCEANSIDE: Charter school continues fight to stay open
By STACY BRANDT
North County Times
June 24, 2008
OCEANSIDE ---- The five-year struggle to stay open continued
Tuesday for the School of Business and Technology, as Oceanside
Unified School District trustees postponed for the second time a vote
to extend the school's charter...
The charter will officially lapse after June 30 and the school would
technically cease to exist, said Dan Shinoff, a lawyer
representing the district. However, this won't have any real effect
if the board decides to renew the charter at its next meeting, he said
Tuesday...
By STACY BRANDT
North County Times
June 24, 2008
OCEANSIDE ---- The five-year struggle to stay open continued
Tuesday for the School of Business and Technology, as Oceanside
Unified School District trustees postponed for the second time a vote
to extend the school's charter...
The charter will officially lapse after June 30 and the school would
technically cease to exist, said Dan Shinoff, a lawyer
representing the district. However, this won't have any real effect
if the board decides to renew the charter at its next meeting, he said
Tuesday...
| Public figure sues for defamation by Maura Larkins |
| July 2007 Former USD football coach Kevin McGarry has no likelihood of success in his defamation lawsuit against two officials at the University of San Diego, says California Court of Appeal. However, McGarry's wrongful termination lawsuit for his 2003 dismissal by the University of San Diego will continue. Two Union-Tribune reporters who published negative statements about McGarry refused to testify on McGarry's behalf, claiming that they were protected from testifying by the Shield Law. According to a story by Brent Schrotenboer in the July 18, 2007 San Diego Union Tribune, McGarry told the Union-Tribune that USD “had no reason (to fire him), so they made stuff up, and you guys printed it.” |
| On Nov. 9, 2007 Ray Artiano of Stutz law firm said under oath that he does not consider Daniel Shinoff to be a public figure. Does Artiano not understand the meaning of "public figure"? |
| Nov. 2008: Dan Shinoff commits defamation against Helix Charter High School according to La Mesa police. |
No resolution in school board health insurance controversy
North County Times
By: TOM PFINGSTEN
November 27, 2006
FALLBROOK --
Droves of local residents and educators attended a Fallbrook Union High School
District board meeting Monday night, where outgoing trustee Jim Hutcherson
announced that he would decide later whether to accept a controversial extended
health insurance package available only to longtime trustees who meet certain
criteria.
District bylaws say a trustee who has served for at least 12 years, and whose first
term began between 1981 and 1994, can receive extended health insurance
benefits until he or she becomes eligible for Medicare or Medicaid. Hutcherson,
59, served on the board for 16 years, before losing his bid for a fifth term in the
Nov. 7 election.
However, the possibility that he may claim the extended health benefit has
angered district teachers and others in the community.
About 150 people attended Monday's meeting, where the board was expected to
discuss the issue. Shortly after the meeting started, however, Hutcherson said he
had determined board action was not required for him to receive the benefits for at
least the next six years.
"I am statutorily entitled to these benefits," Hutcherson said, drawing a cry
from the audience. "My choice will be made in the months to come."
The district's attorney, Dan Shinoff, said he agreed with Hutcherson's
assessment.
"It's a self-executing policy, and there's no other action that's needed, in my
opinion," said Shinoff. "Case law and attorney general opinion indicate that it's
a vested right."
Monday night's meeting was the last for Hutcherson and Fran White, both of whom
lost re-election bids on Nov. 7. White, who was absent from the meeting, is not
eligible for the extended benefits, nor is Trustee Ed Puett, whose term ends next
month.
Critics say the issue is not whether Hutcherson is entitled to those benefits, but
whether it is appropriate for him to accept them. Some said the idea is
"unconscionable," "unethical," and "a gross misuse of public funds."
Many pointed out that Hutcherson is an employee of the Bonsall Union School
District, which provides health insurance for him and the rest of its teachers.
Others criticized Hutcherson because he has not recused himself from the
discussions or votes pertaining to his benefits package.
Hutcherson, 59, has served on the high school board since 1990...
The board bylaw concerning the extended health benefit for longtime trustees was
adopted in 1995. Two weeks ago, Hutcherson said that to his knowledge, he is the
only Fallbrook High School trustee who has ever been eligible for the benefits.
Nearly 20 people at Monday's meeting urged him to turn the benefit down, at a time
when the district seems to be financially strapped.
"If I were Mr. Hutcherson, I would be ashamed to even have this item on the table,"
said Connie O'Connor, a retired Fallbrook High School teacher, pointing out that
teachers pay a portion of their own insurance benefits.
Maurice Bernier, who used to be on the high school board but now serves on the
town's elementary school district board, was one of many who called on
Hutcherson to decline the offer.
"As a member of the high school board, I turned down health insurance benefits ...
because I felt it would be a drain on the community," said Bernier. "I'm sorry to see
this come before us."
Countering Shinoff's statement that state law supports Hutcherson's
entitlement to extended benefits, Bernier pointed out that board bylaws can be
changed, and hinted that the board should do so in this situation to avoid further
turmoil.
Bill O'Connor, one of three new board members who will be sworn in on Dec.
11, questioned the idea that the board has no further say in whether
Hutcherson receives extended health insurance from the district.
"If it's up to you to make the decision, and not the board, why was it on the agenda
(to be voted upon) during the last meeting, and this one?" O'Connor asked.
Carolyn Major, a local resident who volunteers on the Fallbrook Planning Group,
told Hutcherson that she feels the spirit of the 1995 bylaw is no longer valid.
"Our school cannot afford to impose this old bylaw, and I would hope, sir, that you
have the courage and vision to not allow yourself this benefit," she said.
It was unclear whether the issue will come before the school board again, or
whether the board will be required to report Hutcherson's decision.
[Maura Larkins' comment: I think I can guess what Hutcherson will decide. If
he's silent, it will mean that he took the benefits. If he gives them up, he'll
probably announce it.]
COMMENT
Tracy wrote on Nov 28, 2006 6:31 AM:
The benefit was not properly stated by the newspaper reporter. The extended
benefits for Mr. Hutcherson could be 'LIFETIME' - not just until the age of 65. The
Board Policy clearly states that the board MAY PROVIDE A LESSER BENEFIT. The
board has the authority to vote on this proposed remuneration. Legal Council is
ignoring this fact - Council whose fee is being paid by the district !
North County Times
By: TOM PFINGSTEN
November 27, 2006
FALLBROOK --
Droves of local residents and educators attended a Fallbrook Union High School
District board meeting Monday night, where outgoing trustee Jim Hutcherson
announced that he would decide later whether to accept a controversial extended
health insurance package available only to longtime trustees who meet certain
criteria.
District bylaws say a trustee who has served for at least 12 years, and whose first
term began between 1981 and 1994, can receive extended health insurance
benefits until he or she becomes eligible for Medicare or Medicaid. Hutcherson,
59, served on the board for 16 years, before losing his bid for a fifth term in the
Nov. 7 election.
However, the possibility that he may claim the extended health benefit has
angered district teachers and others in the community.
About 150 people attended Monday's meeting, where the board was expected to
discuss the issue. Shortly after the meeting started, however, Hutcherson said he
had determined board action was not required for him to receive the benefits for at
least the next six years.
"I am statutorily entitled to these benefits," Hutcherson said, drawing a cry
from the audience. "My choice will be made in the months to come."
The district's attorney, Dan Shinoff, said he agreed with Hutcherson's
assessment.
"It's a self-executing policy, and there's no other action that's needed, in my
opinion," said Shinoff. "Case law and attorney general opinion indicate that it's
a vested right."
Monday night's meeting was the last for Hutcherson and Fran White, both of whom
lost re-election bids on Nov. 7. White, who was absent from the meeting, is not
eligible for the extended benefits, nor is Trustee Ed Puett, whose term ends next
month.
Critics say the issue is not whether Hutcherson is entitled to those benefits, but
whether it is appropriate for him to accept them. Some said the idea is
"unconscionable," "unethical," and "a gross misuse of public funds."
Many pointed out that Hutcherson is an employee of the Bonsall Union School
District, which provides health insurance for him and the rest of its teachers.
Others criticized Hutcherson because he has not recused himself from the
discussions or votes pertaining to his benefits package.
Hutcherson, 59, has served on the high school board since 1990...
The board bylaw concerning the extended health benefit for longtime trustees was
adopted in 1995. Two weeks ago, Hutcherson said that to his knowledge, he is the
only Fallbrook High School trustee who has ever been eligible for the benefits.
Nearly 20 people at Monday's meeting urged him to turn the benefit down, at a time
when the district seems to be financially strapped.
"If I were Mr. Hutcherson, I would be ashamed to even have this item on the table,"
said Connie O'Connor, a retired Fallbrook High School teacher, pointing out that
teachers pay a portion of their own insurance benefits.
Maurice Bernier, who used to be on the high school board but now serves on the
town's elementary school district board, was one of many who called on
Hutcherson to decline the offer.
"As a member of the high school board, I turned down health insurance benefits ...
because I felt it would be a drain on the community," said Bernier. "I'm sorry to see
this come before us."
Countering Shinoff's statement that state law supports Hutcherson's
entitlement to extended benefits, Bernier pointed out that board bylaws can be
changed, and hinted that the board should do so in this situation to avoid further
turmoil.
Bill O'Connor, one of three new board members who will be sworn in on Dec.
11, questioned the idea that the board has no further say in whether
Hutcherson receives extended health insurance from the district.
"If it's up to you to make the decision, and not the board, why was it on the agenda
(to be voted upon) during the last meeting, and this one?" O'Connor asked.
Carolyn Major, a local resident who volunteers on the Fallbrook Planning Group,
told Hutcherson that she feels the spirit of the 1995 bylaw is no longer valid.
"Our school cannot afford to impose this old bylaw, and I would hope, sir, that you
have the courage and vision to not allow yourself this benefit," she said.
It was unclear whether the issue will come before the school board again, or
whether the board will be required to report Hutcherson's decision.
[Maura Larkins' comment: I think I can guess what Hutcherson will decide. If
he's silent, it will mean that he took the benefits. If he gives them up, he'll
probably announce it.]
COMMENT
Tracy wrote on Nov 28, 2006 6:31 AM:
The benefit was not properly stated by the newspaper reporter. The extended
benefits for Mr. Hutcherson could be 'LIFETIME' - not just until the age of 65. The
Board Policy clearly states that the board MAY PROVIDE A LESSER BENEFIT. The
board has the authority to vote on this proposed remuneration. Legal Council is
ignoring this fact - Council whose fee is being paid by the district !
| Stutz Defamation suit |
| Depositions Deposition of Ray Artiano p 1-30 Deposition of Ray Artiano p 30-40 Deposition of Ray Artiano p 40-58 Deposition of Maura Larkins Notice of Dan Shinoff Deposition |
| Home Why This Website SDCOE CVESD Castle Park Elem Law Enforcement CTA CVE Stutz Artiano Shinoff Silence is Golden Schools and Violence Office Admin Hearings Larkins OAH Hearing |
| Defamation Law |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
| Subpoenas Sheriff of Santa Barbara Diane Crosier |
| VOICE OF SAN DIEGO: The Schoolhouse Lawyer Who Helped Hire His Overseer |
Daniel Shinoff
University of Manitoba
Winnipeg
Canada
University of Manitoba
Winnipeg
Canada
| SDUT Suddenly Goes Back to Treating Daniel Shinoff like a Public Figure Since Stutz filed a defamation lawsuit against this website in October 2007, the San Diego Union Tribune stopped mentioning Dan Shinoff's name. It would seem the paper was trying to give support to the idea that Shinoff is not a public figure. The reason given by a reporter for the paper is that the editors "don't want to give Shinoff so much attention." However, within a few days of the May 2009 transfer of ownership of the paper to Platinum Equity, Daniel Shinoff's name suddenly appeared again. Eminent domain suit vs. Ramona schools revived Landowner wins appeals ruling By Greg Moran San Diego Union Tribune May 15, 2009 FEDERAL COURT — A federal appeals court has revived a lawsuit by a woman who alleged that if key evidence had not been hidden from her in an eminent domain case, the Ramona school district would have had to pay more for her 52-acre property. The unanimous opinion by a three-judge panel of the 9th U.S. Circuit Court of Appeals was a victory for Joan Kearney, who has been battling the school district in state and federal courts over the land since 2002. Her lawsuit was against Daniel Shinoff's client (a business manager for the Ramona Unified School District), the law firm the district hired to handle the land purchase and two of its lawyers. Kearney said a test showed the land could support more development – and therefore was more valuable – but the results were never disclosed when the dispute went to trial in San Diego Superior Court in 2002. When she later took the case to federal court, U.S. District Judge M. James Lorenz in San Diego dismissed it. However, the three-judge appellate panel concluded Tuesday that Lorenz used the wrong legal standard in throwing out the case... Jill Sullivan, a lawyer for Kearney, said the lawsuit is a “David and Goliath” case pitting a landowner against a large law firm and the government... Daniel Shinoff, the lawyer for the school district official, said it was a procedural setback and more fact-finding on the veracity of the claims will have to take place. [Maura Larkins' note: It has been quite a while since the SDUT mentioned Daniel Shinoff in its pages. It seems that Daniel Shinoff has suddenly become a public figure once again.] ...after the trial, Kearney got an anonymous tip that the school district had not told her about the test, which measured how well effluent flowing from septic tanks will sink into the soil...Kearney contended the tests showed the land could support more homes and a fair price would be $1.4 million... |
| Dan Shinoff must have been caught off guard when he commented for May 15, 2009 story Shinoff had nothing to say for this follow-up story, which indicates that Shinoff advised the school: District's apology to student is ACLU goal Openly gay figure was topic of report By Greg Moran San Diego Union-Tribune Staff Writer May 22, 2009 RAMONA — On the day the city of San Diego set aside to formally recognize slain politician and gay-rights advocate Harvey Milk, the controversy over a Ramona sixth-grade student's report on him remains. The American Civil Liberties Union of San Diego & Imperial Counties wants the Ramona Unified School District to apologize to the student, 12-year-old Natalie Jones. School officials told the girl she could present her report only to classmates who had permission from their parents, a condition that the ACLU sees as a free-speech violation. David Blair-Loy, legal director for the ACLU in San Diego, said district Superintendent Robert Graeff called him late Wednesday in response to a letter Blair-Loy had sent outlining the problem and threatening a lawsuit. “He expressed interest in resolving the case and asked me to get in touch with their lawyer,” Blair-Loy said. The district's lawyer, Daniel Shinoff, didn't respond to an interview request... School board President Rodger Dohm said he had spoken to Graeff after hearing reports about the controversy and told him to consult with Shinoff... Ramona Unified's decision caught one other school district by surprise. Steve Lombard, a spokesman for the Oceanside Unified School District, said the district has no policy that would restrict a student from giving a presentation about a historical figure such as Milk. “I was a little shocked when I read it, actually,” Lombard said. The Grossmont Union High School District, known for its conservative policies, declined to comment on the Ramona district case. Milk, elected to the San Francisco Board of Supervisors in 1977, was shot to death in 1978 by Dan White, who had resigned his position as a supervisor but wanted the job back. Milk's life was chronicled in an award-winning film last year. That spurred a bill now making its way through the Legislature that would declare May 22 Harvey Milk Day. A state Senate committee passed the bill this month. The bill encourages public schools to conduct “suitable commemorative exercises” on that day. The city of San Diego already took that step. On Tuesday, the City Council declared that today would be Harvey Milk Day in the city. It also voiced support for the bill in the Legislature. Staff writers Bruce Lieberman and Leonel Sanchez contributed to this report. |
| News Shinoff and Church Win Harassment and Retaliation Case May 17, 2009 Partner Daniel Shinoff and Ryan Church, Associate, successfully defended a petition for writ of mandate and a civil suit against their District client. Petitioner/Plaintiff Roxanne Stanley filed a petition for writ of mandate challenging the District’s decision to discipline her in 2007. Shinoff and Church represented the District in that matter and prevailed. Stanley then filed a civil suit alleging, among other things, sexual harassment, retaliation, and constructive termination. After a five day trial, the jury returned with a defense verdict on all claims. |
| Shinoff has mixed motives about being a public figure In March 2009 he sought publicity with this post on his firm's website: Announcements Partner Daniel Shinoff to speak at Anti-Defamation League Cyberbullying Symposium March 30, 2009 The Anti-Defamation League will present a symposium on cyber-bullying issues and laws. Daniel R. Shinoff, partner, will be a keynote speaker, along with local law enforcement agents and assemblymen. Parents, educators and administrator perspectives will be addressed. Balboa Park 10am , March 30, 2009 |
| Education * Western State University, J.D., 1981 * University of Manitoba, 1978 Daniel R. Shinoff focuses on the defense of public entities in the area of general tort practice with a focus on employment claims. He has extensive trial experience in the representation of clients in a variety of matters including general negligence, dangerous conditions, discrimination, wrongful termination, sexual harassment and civil rights issues. Mr. Shinoff also has substantial experience in advisory and litigation work concerning the Brown Act and the California Public Records Act. Admitted to the California and Federal bars in 1981, Mr. Shinoff is also a member of the United States Supreme Court Bar. Mr. Shinoff has worked with San Diego County Office of Education Joint Powers Authority (JPA) since 1982 in defense of numerous cases representing school districts within San Diego and Imperial counties. He routinely counsels school boards, and school and community college districts regarding all aspects of school law. Recognized as a leading authority in school district defense and litigation, Mr. Shinoff is a frequent lecturer in continuing education and personnel training. His seminars have included topics on special education, employment discrimination, sexual harassment and the Americans with Disabilities Act. |
| < < < Oddly, this "Most Commented-On" article did not show up in a search for Shinoff on the same day list was downloaded. The NCT seems to be trying to keep Shinoff's name out of the paper. |