| Maura Larkins sued California Teachers Association for fraud forf false advertising to teachers, causing teachers to pay dues believing that CTA would represent them if they ever needed representation. CTA refused to give Maura Larkins equal representation, and in fact used her dues to oppose her rather than help her! CTA advertised to teachers that it would give them legal representation as follows: |
| "CTA employs seven attorneys experienced in school law who stand ready to defend the rights of all members who are unfairly disciplined or dismissed. They also help CTA chapters and individual members with every type of job-related legal problem." |
| In the Maura Larkins case, CTA refused to do as it promised. However, CTA dramatically changed its advertising within a short time after it was sued by Maura Larkins. |
| CTA uses the union dues of many teachers, not just Maura Larkins, to pay lawyers to prevent those teachers from obtaining justice, instead of helping them obtain it! |
| The judge ruled in San Diego Superior Court case #GIC 825873 that PERB should enforce with regard to California Teachers Association the state law (EERA, the Elementary Education Relations Act) which requires unions which represent public employees to give equal representation to all members. The judge thus contradicted PERB's ruling that CTA HAS NO DUTY TO GIVE EQUAL REPRESENTATION. |
| The Superior Court ruled that PERB should have enforced the law when CTA violated it. PERB refuses to enforce the law which requires equal representation by teacher unions. PERB claims that CTA is exempt from this law. The Superior Court clearly disagrees. Someday someone will appeal, to the Court of Appeal, PERB's blatant refusal to enforce the law with regard to CTA. But school teachers tend not to have the necessary money for such appeals. Until someone appeals, PERB can do whatever it wants. And what it wants is to violate the law on behalf of CTA. |
| CTA lawyer Michael Hersh prepared the document above in an attempt to trick the court into dismissing his clients with prejudice NOT ONLY FROM THE FRAUD CAUSES OF ACTION, BUT FROM OBSTRUCTION OF JUSTICE CAUSES OF ACTION IN WHICH THEY HAD NOT EVEN BEEN NAMED! |
| Note to Reader: I apologize for the poor quality of the document above. The original is a public record, available at the hall of Justice in downtown San Diego. |
| CTA Attempt to Fool San Diego Superior Court |
| CTA Tried to Trick the Court into Throwing out Obstruction of Justice Causes of Action |
| Lawsuit Against Chula Vista Educators (Donlan coverup) |
| For readers who are not familiar with court procedures: It is completely outside the range of allowed behavior for a defendant, in this case CTA, to use the REQUEST FOR DISMISSAL form as it was used here. While Maura Larkins, the plaintiff, had the right to file this form at any time, requesting that any or all of her causes of action be dismissed, only the judge had the authority to dismiss a cause of action against the will of the plaintiff. In this case, the judge had thrown out only the first three causes of action in this case, on the grounds that it was PERB's job to enforce the law with regard to CTA, not the job of the Superior Court. This document was completely unnecessary. By filing this document, CTA attempted to trick the court into PERMANENTLY dismissing CTA clients from obstruction of justice causes IN WHICH THEY HAD NOT EVEN BEEN NAMED. Why would CTA want to do such a thing? It appears that Mr. Hersh was worried that his clients WOULD BE NAMED IN OBSTRUCTION OF JUSTICE CAUSES OF ACTION AFTER DISCOVERY TOOK PLACE. Standard law enforcement theory holds that if someone behaves as if he is guilty, it's probably a good idea to give him a closer look. CTA certainly merited a closer look in this case. As it happened, the clever Mr. Hersh was not smarter than the clerk of the court. His attempt to trick the clerk failed. The court did not accept this document. |
| By filing this document, CTA attempted to trick the court into PERMANENTLY dismissing CTA clients from obstruction of justice causes IN WHICH THEY HAD NOT EVEN BEEN NAMED. |
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