CVESD Cases/ Lawyers since 2000
COURTNEY MARES VS.
CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT
37-2007-00063792-CU-PT-SC     
Case Location:  South County       
Case Type:  Civil    
Date Filed:  06/29/2007  
Category:  CU-PTO  
Petitions - Other  
CVESD causes
claimant to believe
that the case is still
being investigated

CHRISTEIN HUMPREY VS. CHULA
VISTA ELEMENTARY SCHOOL
DISTRICT
Date Filed:  07/30/2007  
Category:  CU-PO  PI/PD/WD -
Other  
SOUTH COUNTY
TENTATIVE RULINGS -March
27,2008
03/28/2008 S-04 Civil - Unlimited
Demurrer / Motion to Strike
PI/PD/WD - Other
37-2007-00069969-CU-PO-SC
DAVID D. MILLER          

Defendant Chula Vista Elementary
School District's Demurrer to
Plaintiff's First Amended Complaint
is SUSTAINED WITHOUT LEAVE
TO AMEND.

In the ruling on the demurrer to the
original complaint the court
explained that absent estoppel the
complaint is barred because it was
filed more than six months after the
December 6, 2007 notice of
rejection. (Government Code
sections 915.4 and 945.6(a)(1).)

A public entity may be estopped
from asserting noncompliance with
the claims requirement as a
defense if: 1) the entity was
apprised of the facts; 2) the entity
intended its conduct to be acted
upon or must have conducted itself
in a fashion that plaintiff had a right
to believe it was so intended; 3)
plaintiff was ignorant of the true
state of facts; and 4) plaintiff
reasonably relied upon the public
entity's statements or conduct to
her detriment. (Driscoll v. City of
Los Angeles (1967) 67 Cal.2d 297,
305.)

The allegations cannot sustain a
finding of estoppel.

The November 27, 2006 letter
distinguishes between rejecting
the government claim and
informally resolving the matter. The
letter noted the district was in the
process of denying the claim but
the JPA would continue
investigating the claim... Plaintiff's
argument that pursuant to Code of
Civil Proc. § 352(a) the time of
minority is not counted and plaintiff
has up to a year after attaining the
age of majority to bring suit is not
supported by the authorities... As
the Supreme Court stated in John
R. v. Oakland Unified Sch. Dist.
(1989) 48 Cal.3d 438, 444, fn. 3,
"This respite does not apply to a
claim against a public entity under
the Tort Claims Act, however (Code
Civ. Proc., § 352, subd. (b)), and
Government Code section 911.4,
subdivision (b) expressly provides
that the "time during which the
person who sustained the alleged
injury, damage, or loss is a minor
shall be counted" in determining
whether a late-claim application
was timely filed within one year of
the accrual of the cause of action."
Similarly, V.C. v. Los Angeles
Unified School Dist. (2006)139
Cal.App.4th 499, 508 stated, "the
time of minority is counted in
determining whether a claim was
timely presented following accrual
of a minor's cause of action
against a public entity."
SS125303   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
DE LA TORRE, EVA    South
County    Civil    06/23/2003   

GIS9262   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
ARMCO, INC , A CALIFORNIA
CORPORATION    South
County    Civil    03/12/2002   

GIS8831   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
TRADESOURCE, INC    South
County    Civil    01/18/2002   

US12301   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
MARQUEZ, EDDIE    South
County    Civil    07/11/2005   

SS134997   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
ARIZALA, LARRY    South
County    Civil    06/06/2006   

SS134997   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
ARIZALA, LARRY    South
County    Civil    06/06/2006   

IS9320   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
MAX EQUIPMENT RENTAL
LLC, A DELAWARE
CORPORATION    
South County    Civil    
03/19/2002   

IS26352   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
CAMARENA, JUAN    South
County    Civil    09/27/2006   

GIS7801   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
DIVINA V , A MINOR, BY AND
THRU HER GUARDIAN AD
LITEM    
South County    Civil    
09/20/2001   

GIS6231   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
RIVIERA ELECTRIC INC    
South County    Civil    
12/11/2000   

GIS4254   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
S , A MINOR, TABITHA    South
County    Civil    08/14/2000   

GIS3295   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
BARIL, MICHAEL B    South
County    Civil    04/18/2000   

GIS28358   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
JUAREZ, AUSTIN    South
County    Civil    03/13/2007   

GIS26351   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
MARES, JILL    South County    
Civil    09/27/2006   

GIS24716   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
COZIAHR, DANIELLE    
South County    Civil    
05/18/2006   

GIS22053   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
CHULA VISTA EDUCATORS    
South County    Civil    
09/15/2005   

GIS22032   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
CHULA VISTA EDUCATORS,
CTA/NEA   
South County    Civil    
09/14/2005   

GIS18719   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
PEREZ, TERESA    South
County    Civil    11/15/2004   

GIS18197   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
GUTIERREZ, ADRIAN    South
County    Civil    09/16/2004   

GIS17399   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT    
MARIN, MINOR, MEARTEH    
South County    Civil    
06/18/2004   

37-2007-00069969-CU-PO-SC   
CHULA VISTA ELEMENTARY
SCHOOL DISTRICT    
HUMPREY, CHRISTEIN    
South County    Civil    
07/30/2007   

GIS7768   CHULA VISTA
ELEMENTARY SCHOOL
DISTRICT, A PUBLIC ENTITY    
PACIFIC COAST STEEL, INC ,
A CALIFORNIA
CORPORATION    
South County    Civil    
09/18/2001  
CHULA VISTA ELEMENTARY
SCHOOL DISTRICT
No. N2006100142 (107 LRP 21593)
3/21/07

Due to the District's failure
to complete assessments,
it could not determine all of
Student's unique needs
and propose appropriate
goals and objectives. As a
result, the District was
unable to offer a placement
that would provide some
educational benefit. The
failure to complete the
assessments deprived
Student of educational
benefits and/or
opportunities, and
impeded her right to a
FAPE.  

The District’s failure to attempt to
secure the participation of
Student's private school teacher
and a general education teacher
in the IEP process significantly
impeded the opportunity of
Student's mother to participate in
the IEP process, denied
educational benefits or
opportunity to Student, and
impeded Student's right to a FAPE.
This resulted in a substantive
denial of FAPE to Student.
ANA STOVER VS. CHULA
VISTA ELEMENTARY
SCHOOL DISTRICT
Defendant/Respondent     
BILLINGS     LOWELL   
    
Case Number:   
37-2007-00080888-CU-OE-CTL     
Case Location:  San
Diego       
Case Type:  Civil    Date
Filed:  10/30/2007  
Category:  CU-OE  Other
employment  
Daniel Shinoff cases
Atkinson, Andelson, Loya, Ruud & Romo
(associated with Parham & Rajcic)

At a special board meeting on June 3, 2008, five lawyers from Atkinson,
Andelson, Loya, Ruud & Romo were introduced.   They will be fighting
against parents who demand improvements in special education that the
district does not wish to make.

Robin J. Champlin Associate
Gerald A. Conradi Partner  
Michael D. Drenan Partner
Martin A. Hom Associate
Justin R. Shinnefield Partner
Clifford D. Weiler Senior Counsel
ARIZALA vs CHULA VISTA
ELEMENTARY SCHOOL DISTRICT
Case Number:   SS134997     
Case Location:  South County       
Filed:  06/06/2006  
Category:  A11201  Small Claims  

Plaintiff/Petitioner    
ARIZALA     LARRY     P    

Defendant
CHULA VISTA ELEMENTARY
SCHOOL DISTRICT         P    
SAN DIEGO COUNTY OFFICE OF
EDUCATION         P    
AALRR Announces Affiliation with Parham & Rajcic

NEWS RELEASE

FOR IMMEDIATE RELEASE:
January 7, 2008
Cerritos, CA

Atkinson, Andelson, Loya, Ruud &
Romo is very pleased to announce a new affiliation with the law firm
of Parham & Rajcic,
a California- based education law firm with offices
in Orange and Ventura Counties.

Established in 1984, Parham & Rajcic is well-regarded for its
commitment to California public schools and represents districts
located throughout the state.  Established in 1979, Atkinson Andelson is a full-service firm with
over 125 attorneys in six California
offices.  The firm provides practical legal solutions in the areas of
employment, labor, construction, education, real estate, general
business and business litigation, corporate, taxation, and bankruptcy.


"Our firm has always had a good working relationship with Parham &
Rajcic, and we are pleased to welcome them," stated Steve Atkinson, Managing Partner,
Atkinson, Andelson, Loya, Ruud & Romo.  "Their history and experience with California schools
complements our own longstanding public agency tradition."


"John Rajcic and I are looking forward to this new endeavor with a
firm which shares our client-focused philosophy," stated Jack Parham,
Founding Partner, President, Parham & Rajcic.  "We are pleased to be
able to offer our clients the breadth and depth of legal experience
which Atkinson Andelson can provide."


The following attorneys from Parham & Rajcic will be part of this new
affiliation:


Jackson E. Parham is the Founding Partner and President of Parham &
Rajcic.  He has 35 years of experience in all aspects of labor
negotiations and educational employment law.  Mr. Parham has
negotiated more than 500 contracts for California schools and
community colleges.  In addition, he handles grievance and arbitration
matters and personnel issues for schools.  He is a skilled trainer and
offers clients programs in negotiations, investigations, contract
administration, and collaborative conflict resolution.  Mr. Parham
received his B.A. from the University of Redlands and an M.A. from the
University of the Pacific.  He earned his J.D. from Western State
University College of Law.  Mr. Parham will have an of counsel
relationship with Atkinson, Andelson, Loya, Ruud & Romo.


John M. Rajcic focuses his practice on the representation of public
and private sector employers.  He handles collective bargaining
negotiations and personnel issues for school districts throughout the
state.  Mr. Rajcic is skilled in litigation, contract arbitration, and
disciplinary hearings.  Prior to joining the firm, Mr. Rajcic served
as a Judge Advocate in the United States Marine Corps and received the
Navy Achievement Medal for distinguished service.  He has a B.A. from the University of
California, Irvine and a J.D. from Pepperdine
University School of Law.  Mr. Rajcic joins Atkinson, Andelson, Loya,
Ruud & Romo as a partner.


William A. Diedrich has experience in advising and representing school
districts, municipalities, private individuals, and organizations in
labor and employment law.  Mr. Diedrich negotiates on behalf of
districts with both classified and certificated bargaining units.  In
addition, he provides advice on employee discipline, contract
negotiation and implementation, unfair practice charges, layoff and
reduction in services, grievances, DFEH/EEOC complaints, and civil
litigation.  He has a B.S. from the University of Southern California
and a J.D. from McGeorge College of Law.  Mr. Diedrich joins Atkinson,
Andelson, Loya, Ruud & Romo as an associate.


Established in 1979, AALRR is a 125-attorney, full-service firm
serving California employers from offices throughout the state,
including Cerritos, Fresno, Pleasanton, Riverside, Sacramento, and San Diego.  The firm
provides practical legal solutions in the areas of employment, labor, construction, education, real
estate, general
business, business litigation, corporate, taxation, and bankruptcy.
In August 2007, the firm was recognized as both the 49th largest firm and the Most Diverse Firm
by percentage of partners in California by California Magazine, a Daily Journal publication.


Atkinson, Andelson, Loya, Ruud & Romo
San Diego attorneys

Gerald A. Conradi Partner (858) 485-9526 San Diego  Education Law  gconradi@aalrr.com
Michael D. Drenan Partner (858) 485-9526 San Diego  Employment Law  mdrenan@aalrr.com
Martin A. Hom Associate (858) 485-9526 San Diego  Education Law, Construction -
School/Facilities  mhom@aalrr.com
Justin R. Shinnefield Partner (562) 653-3200 Cerritos,  San Diego  Education Law  
jshinnefield@aalrr.com
Clifford D. Weiler Senior Counsel (858) 485-9526 San Diego  Education Law  cweiler@aalrr.com
Fagen, Friedman & Fullfrost

June 10, 2008
Board Highlights

Peter Fagen, Chris Keeler, Ricardo Silva, Dean Adams, and Tiffany Santos from the
Law Office of Fagen Friedman & Fulfrost, LLP were
introduced at the June 10,
2008 board meeting.
Why isn't Kelly Angell Minnehan on the team?  She worked for CVESD with
Stutz Gallagher in the Maura Larkins case 2002-2005, and now works for
Fagen Friendman Fulfrost. (July 2008).

Also, the board approved an award of contract for legal and consultant services to
Fagen Friedman & Fulfrost LLP for the period of July 1, 2008, through June 30, 2009.

Pamela Smith and David Bejarano welcomed the Law Office of Fagen
Friedman & Fulfrost LLP to the District."

Bertha Lopez said "that the District looks forward to working with them."
Cases
CVESD law firms 2008


Stutz, Artiano, Shinoff & Holtz--rehired in 2008 after a break of about 2 years
Fagen, Friedman & Fulfrost
San Marcos office

Melanie A. Petersen... served fifteen years as in-house counsel for San
Diego Unified School District...

Ms. Petersen is the chair of the firm’s Charter School Practice Group...[She]
is a frequent
presenter at ACSA, CSBA, NSBA and several other
professional organizations.  
She is the 2008-09 President of the
California Council of School Attorneys.
Ana Stover v. CVESD

Dale Parent v. CVESD

Danielle Cozaihr v. CVESD

Maura Larkins v. CVESD
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