..
...
'''
....
Otay Water District--ratepayer lawsuit
Why were Otay's lawyers indemnified?  The only
explanation that makes sense is that certain board
members wanted the lawyers to do wrong
...
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            
Deposition of Ray
Artiano by the author
of this website (with
Dan Shinoff acting as
Artiano's counsel)
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 The school district's district's attorney,
Daniel Shinoff, 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.
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
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  
Mirrett v. Pitarresi
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
Student assaulted at Rose Parade by band teacher
(1)
Dan Shinoff, Rick Rinnear
and
SDCOE
GIE019680
P) RICK RINEAR
SDCOE-JPA gives most of its cases to  
to Shinoff
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        
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      
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
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)...
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        
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     
Guajome Park Academy
(part of VUSD)
Poway Unified
Grossmont Union HIGH
S
CHOOL District.
GUHSD REPORT
Poway Unifed lawsuits
Lindsey Stewart
Encinitas Union
Grossmont Cuyamaca Com.
COLLEGE District
Fallbrook
Escondido Union School District
(EUSD)
and
Escondido Union High School District
(EUHSD)
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        
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        
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  
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  
 
Maura Larkin's
SD Education Report Blog
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.
Central

05/30/08 09:00AM C-61    CV Meyer, John
S.                 Civil Case Mana
37-2007-00084374-CU-OE-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-OE-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-OE-CTL     
D)San Dieguito Union High S
Daniel R. Shinoff        
Miracosta College
Central

06/19/08 08:30AM C-73
Ex Parte        
37-2007-00073427-CU-PO-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-PA-NC      
D)San Dieguito Union High S
Daniel R. Shinoff        
Attorney for San Diego County Office of Education (SDCOE) Joint Powers Authority
Stutz, Artiano Shinoff & Holtz Law Firm
Kearney v. Ramona Unified
Daniel Shinoff defends case in which Ramona school
district lawyer Greg Moser hid crucial document from plaintiff




DEBELL VS RAMONA UNIFIED SCHOOL DISTRICT
GIE036576         
Date Filed:         02/22/2007
Category:         CU-NPD         Non-PI/PD/WD tort - Other
Plaintiff/Petitioner  
DEBELL            STEVEN            P  
DEBELL            MELINDA                           P
East County
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
37-2007-000
73427-CU-PO-CTL     
D)La Mesa-Spring Valley Sch
DANIEL R. SHINOFF        
Lakeside Union
06/27/08 10:30AM E-15    
Halgren, Laura W.              
Case Mana GIE036447                      
D)LAKESIDE UNION SCHOOL DIS
Daniel R. Shinoff        
Mountain Empire
Charles Joseph Tucker case March 2011:
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                  
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        
Why doesn't the Grossmont board just do the right
thing instead of wasting tax dollars????
03/28/11 09:00AM E-14    GIE029351  Sturgeon, Eddie
C              Civil Jury Trial
VISTA UNIFIED SCHOOL DISTRICT 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 a witness in
this case

Harnett v. Diane Crosier,
SDCOE

07/08/08 08:30AM C-73
Ex Parte     
37-2008-00081583-CU-WT-CTL     
P)Rodger J. Hartnett
BARRY M. VREVICH
  


07/11/08 10:30AM C-73   
Denton, Steven R.     
Motion Hearing  
37-2008-00081583-CU-WT-CTL     
P)Rodger J. Hartnett
BARRY M. VREVICH   
CVESD cases
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
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        
07/15/08 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-PO-EC     
D)Cajon Valley Union
High D
Daniel R. Shinoff        
East County
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
...
Chula Vista
National
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          
D)MUNDEN             
Dan Shinoff    
McCabe Union School
District
Defendant/Respondent   
HORNADAY    ROBERT    P   
HORNADAY FINANCIAL & INS
SERVICES     
R F HORNADAY & COMPANY  
RSG SECURITIES                       
SENTRA SECURITIES
CORPORATION           
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
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  
          
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  
Poway Unified School District
PUSD v. Delanie Harrington GIC 795258
(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                
Oceanside
Sharon McClain v. DMUSD Lawsuit by fired
superintendent

Trial readiness Aug. 17, 2012
switched to Judge John S. Meyer  
Central   C-61    
SHARON MCCLAIN ED D VS. DEL MAR UNION SCHOOL D
Date Filed:         09/17/2010
CU-WT         Wrongful Termination
03/25/11 08:45AM C-64    
Nevitt, William R. Jr. Judge
Civil Case Mana 37-2010-00100467-CU-WT-CTL     
D)Del Mar Union School Dist--attorney Daniel R Shinoff         
Dale L. Gronemeier--Attorney for Sharon McClain

Earlier post:
[March 21, 2011: This case can not be found in a party search of the
court index, but it did appear on the court calendar. I found the
case by searching for the case number.  What is the motive for
this?  The following appears instead of the names of parties in the
case:

Plaintiff/Petitioner  
No party was found.  

Defendant/Respondent    
No party was found.]
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
Coach James "Ted" Carter v. Escondido School District
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
atty. Fern Steiner
Tosdal, Levine, Smith & Steiner
Attorney Daniel Shinoff cases
...
East County
K-12 Schools
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 District
lactation case

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?
North County Times article about Daniel Shinoff
Roberts and Hess v. Ramona
Unified School District
(re: girls softball field)
La Mesa-Spring Valley
Tsinkas v. Ramona USD
Ramona Unified
(3)
Superintendent Ed
Brand
...
...
North County
K-12 Schools
Schools defy Office of Civil Rights re Title IX
Blog posts--Grossmont UHSD
Dan Shinoff, on behalf of school districts, fights against the Office of Civil Rights.
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[rnie]          
Defendant/Respondent  
PITARRESI    JOHN    
Get the story straight before criticizing
Re: "Illegal is illegal," Community Voices, July 25: Mr.
Gordon Mirrett should stop listening to the right-wing
talking heads and base his thinking on facts. His
statement, "The Supreme Court, in Muehler v. Mena, has
already held that police do not need any reason (not
probable cause, not reasonable suspicion) to ask a
person about his or her immigration status," is false. The
police were legally allowed to question Ms. Mena about
her immigration status only because they had already
detained her on a possible drug charge for which they
had a legal search warrant. So perhaps Mirrett should get
his story straight before he criticizes Mr. Davis
(Community Voices, July 21).
Also, I think you will find that Mirrett was not quite right in
the New Black Panther "case." The Bush Department of
Justice decided not to pursue the New Black Panther
incident during his waning administration and the Obama
Department of Justice did likewise due to the extreme
difficulty of proving voter intimidation — so why bring that
up now? I'm sure I know the answer.
Corbet Harrison
Escondido
Larkins case summary
Maura Larkins v. Richard Werlin, CVESD case
summary
Dale Parent v. CVESD
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.
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         
Personal cases of
SDCOE employees
(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
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...
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.
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        
05/29/09 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        
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           
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   North County     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       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             
Voice of San Diego article about Daniel Shinoff
08/17/09 10:30AM C-24    Enright,
Kevin A.              Settlement Conf
37-2008-00095153-CU-WT-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         
List of School Districts
Lawyers
Why this website
Home
Site Map
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
San Marcos Unified
Scotty Eveland v. San Marcos
North County
04/08/11  
Nugent, Thomas P.              
Summary Judgmen
37-2008-00091303-CU-PO-NC      
D)San Marcos Unified School
Daniel R Shinoff         
Previously:
09/14/09 09:00AM N-28    
Maas, Earl H. III              
Status Conferen 37-2008-000
91303-CU-PO-NC      
D)San Marcos Unified School
Daniel R Shinoff
North County            
09/09/2008
Plaintiff/Petitioner  
EVELAND            SCOTT         
  
Defendant/Respondent  
CITY OF SAN MARCOS                      
SAN MARCOS UNIFIED SCHOOL DISTRICT
ALL AMERICAN SPORTS CORPORATION       
EASTON-BELL SPORTS INC
RIDDELL SPORTS INC                                          
VARSITY BRANDS INC         
Solana Beach
The district lost this case--twice.  A board member,
Art Palkowitz, was given a job at Dan Shinoff's law
firm.  Tens of thousands of dollars kept flowing to
Stutz Artiano Shinoff & Holtz law firm in a case that
involved a demand of less than $7,000.  

A justice in the Ninth Circuit Court of Appeals said:

"This whole dispute is about counsel [attorney] fees, I assume.

"Nobody in their right economic mind would be carrying this case
to the Ninth Circuit
that seems to me to involve something like
$67,000....

"What's really at stake here in terms of the lawsuit itself is
whether you should reimburse somewhere between 6 and 7
thousand dollars [to the parents].  

"For this amount of money you've gone through a hearing before a
hearing officer, a proceeding in the District Court, and now you're
appealing to the Ninth Circuit.  

"It seems to me, and I don't blame you necessarily, I just want to
be clear.  This whole dispute is about counsel fees, isn't it?"

Jack Sleeth:  "No."

Justice:  "No?"
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.
GCCCD
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.”
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 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 v. Solana Beach
Case Status:         Dismissed by Judge Lisa Schall
KIRRA SARQUILLA VS. SOLANA BEACH SCHOOL
DISTRICT
37-2008-00052609-CU-WM-NC            
Case Location:         North County                     
Date Filed:         03/24/2008
Category:         CU-WM         Writ of Mandate
Plaintiff/Petitioner  
SARQUILLA            KIRRA           
SARQUILLA            KAI             
Defendant/Respondent  
SOLANA BEACH SCHOOL DISTRICT                        
06/20/08 01:30PM N-31    CV
Guy-Schall, Lisa               
Demurrer / Moti
Daniel R. Shinoff        
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.'"


06/10/2008
Declaration -06/20/08 - supplemental declaration of Ryan L. Church)
filed by Solana Beach School District.
Fallbrook High School District seems to be having free speech
issues similar to Poway's. 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 cuts.
Central
10/30/09 04:00PM C-66   
 CV
Hayes, Charles R.
             
Demurrer / Moti
37-2009-00082579-CU-OE-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-OE-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-OE-SC      
D)Sweetwater Union High Sch Daniel R
Shinoff         

10/30/09 09:00AM E-14    CV
Sturgeon, Eddie C              Motion
Hearing  
37-2009-00082498-CU-PO-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-PO-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-PO-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-PO-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-PO-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-PO-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

• 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)

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.
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-OE-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-NP-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-NP-CTL    
 
D)Heather Hargett           
Daniel R Shinoff         

South County
02/19/10 08:30AM S-04    CV
Cannon, William S.    
37-2009-00073051-CU-OE-SC     
 
D)Sweetwater D)Sweetwater
E-SC      Union High Sch Daniel
R Shinoff       

02/19/10 08:35AM S-04    CV Cannon,
William S.             Motion Hearing  
37-2009-00073051-CU-OE-SC      
D)Sweetwater Union High Sch Daniel R
Shinoff         
Sweetwater Union High School
District

Sweetwater UHSD Title IX case

Ollier v. Castle Park High School
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
CTA and Southwestern College

Southwestern College
CTA and Southwestern College

Southwestern College
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
Fred Kamper case
Central
02/26/10 09:00AM C-64    CV
Nevitt, William R. Jr.         Status
Conferen
37-2008-00095232-CU-WTSchool
Dis Daniel R Shinoff         

East County
02/25/10 08:30AM
E-14                                  Ex
Parte        
37-2009-00082498-CU-PO-EC    
  D)Mountain Empire School Di
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           
D)Ramona Unified School
Dis
Daniel R Shinoff         

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         
Shirk v. VUSD
Delayed claim regarding sex abuse
by teacher
CASE 2:
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         

This case seems to be related to this case:
Central
03/11/11 01:30PM C-67    CV Dato, William S.               
Summary Judgment 37-2009-00104663-CU-PO-CTL     
C)Poway Unified School Dist
attorney Ryan L Church, Stutz Artiano Shinoff &
Holtz            
Unsafe stairs on trailer during construction

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       
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        
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         
08/14/09 09:30AM C-66   
Hayes, Charles R.        
37-2009-000
82579-CU-OE-CTL     
D)Mountain Empire Unified
D)Paul Mallon       
        
Daniel R Shinoff        
This case has a new judge:
Central
01/21/11 08:30AM C-66    
Pressman, Joel M.              
Status Conferen
37-2009-00082579-CU-OE-CTL     
D)Mountain Empire Unified S   
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
The Eric M. Case continues in December
2010 with a new judge:
Central 12/15/10  
C-64
    Nevitt, William R. Jr.         Ex Parte        
GIC871766    D)CAJON VALLEY UNION SCHOOL  
Daniel R Shinoff     
   
Trial in 2011
03/11/11 09:00AM Nevitt, William R. Jr.         
Civil Jury Tria GIC871766                      D)CAJON VALLEY
UNION SCHOOL Daniel R Shinoff         
37-2008-00065857-CU-OE-EC  
10/29/09 10:00AM  Settlement Conf
D)Kamran Azimzaden                          
D)Lakeside Union School Dis      
D)Norman Lumpkin               
D)Patricia Curlee     
      
Daniel R Shinoff         
03/07/11 09:00AM E-14    
Sturgeon, Eddie C
East County             
Civil Jury Trial
North County
10/29/10 11:00AM     
Stern, Jacqueline M.           
OSC - Failure t
37-2010-00056390-CU-WT-NC      D)Escondido
Union High Scho
Daniel R Shinoff        

10/29/10 01:30PM
Dahlquist, Robert P            Motion Hearing  
37-2010-00050825-CU-OE-NC      
D)Escondido Union High Scho Daniel R
Shinoff         
11/02/10 08:30AM N-27    CV Stern, Jacqueline
M.           Fee Waiver Hear
37-2009-00054159-CU-OE-NC      D)Escondido
Union High Scho Daniel R Shinoff        

North County
01/14/11 09:15AM N-27    CV Stern, Jacqueline
M.           Civil Case Mana
37-2010-00056390-CU-WT-NC      D)Escondido
Union High Scho Daniel R Shinoff         
Central
04/04/11 11:00AM
Dato, William S.               Trial Readiness
37-2009-00104663-CU-PO-CTL     
C)Poway Unified School Dist
Ryan L Church            
2nd witness says Scotty Eveland complained of
headaches before collapse
By J. Harry Jones
SDUT
January 15, 2011
[See related case:
what happens when a coach tries to protect
a student's health?]

A former student trainer has testified that a few days after
Mission Hills High football player Scotty Eveland collapsed
during a game in 2007, the school’s lead trainer confided that
Eveland had asked to sit out because he was suffering from
headaches and disorientation but was called in anyway by the
head coach.

The account, given during a deposition completed
Wednesday, corroborates testimony from another former
student trainer who was deposed in October.

The San Marcos Unified School District has maintained that
Eveland showed no sign of medical problems before the
collapse. Scott Gommel, the lead trainer, said the same during
his deposition four months ago. A judge has agreed to let
lawyers for Eveland’s family redepose Gommel because of the
new information.

Eveland has remained in a mostly vegetative state since his
collapse. Doctors think he will need constant medical care that
could cost millions of dollars over his lifetime.

Testimony from the two former student trainers is part of
evidence collection in an ongoing lawsuit filed by Eveland’s
family against the school district.

San Marcos Unified is confident it will “absolutely be
vindicated” at trial, said Daniel Shinoff, a lawyer for the district.
He also urged that facts be decided in a court of law and not in
the court of public opinion.

Shinoff said it’s a complicated case “in terms of people’s
perceptions, people’s recollection, and there’s a large
passage of time.”

On Thursday, school officials denied a request to interview
Gommel and the head football coach, Chris Hauser, who has
not been deposed.

Robert Francavilla, an attorney for Eveland’s family, said the
latest deposition confirms what really happened.

“Scotty lives every day with an injury that we believe could have
been prevented,” Francavilla said.

Eveland’s parents, Diane Luth and stepfather Paul Luth, said
they had no idea their son was experiencing headaches. They
now devote themselves to caring for him.

Until Breanna Bingen’s deposition in September, there was no
mention of Eveland having a health complication.

More than 50 depositions have been taken for the lawsuit —
from doctors, paramedics and others connected to the football
team or the game. Only Bingen and now Trevor Sattes have
spoken about Eveland complaining of headaches, although
one player testified that Eveland was acting disoriented during
the game.

Until this fall, the family had focused their lawsuit against the
maker of Eveland’s helmet and the question of whether
Eveland was sent to the hospital in a timely manner. The
information from Bingen and Sattes has changed the target
dramatically, Francavilla said.

Bingen testified that she was one of several student trainers
on the field the night of Eveland’s collapse. She recalled that
he twice complained about headaches during the week before
the game and sat out parts of two practices. She also
remembered overhearing him tell Gommel a few minutes
before the game about not being able to see the football
because his head was killing him.

Eveland wanted to skip at least the first quarter in hopes that
his head would feel better, Bingen testified, but Hauser
disagreed and told Gommel, “you’re no doctor.”

Bingen, now a member of the Army National Guard, hasn’t
been available for comment.

The person who corroborated her testimony was Sattes, now
21 and a college student studying to become a trainer. Sattes
testified that he considered Gommel to be his mentor, and that
he met with Gommel for lunch the Monday or Tuesday
following Eveland’s collapse.

In a statement signed by Sattes and then confirmed during the
deposition, Sattes said: “While eating lunch, I asked Mr.
Gommel again what happened with Scotty. He told me he was
going to explain what occurred in order to make me a better
trainer. ... Mr. Gommel then stated that Scotty told him he did
not feel well enough to play the first quarter and that Scotty did
not feel like he should play. Mr. Gommel told me that he
assessed Scotty’s condition and found him to be a little wobbly
and having trouble focusing.

“Mr. Gommel then told me he went to Coach Hauser to
discuss Scotty’s condition. ... Mr. Gommel said Coach Hauser
made the decision to play Scotty.”

Through school officials, Hauser declined to comment for this
story.

During her deposition, Bingen also testified that Principal Brad
Lichtman, Gommel and an assistant football coach told her
and others to not talk about the case with lawyers or the
media. An attorney for the school district said that never
happened, and Sattes didn’t address that issue in his
deposition.
Shinoff Oct 2010 cases
North County
10/22/10 08:30AM N-07    
CV                                Hearing on
Rest
37-2010-00059709-CU-HR-NC      
P)Oceanside Unified School  Daniel R
Shinoff         

South County
10/21/10 08:30AM S-04    CV
Cannon, William S.             Civil
Case Mana
37-2010-00075138-CU-WM-SC     
 R)San Ysidro School Distric
Daniel R Shinoff         
   

North County
02/01/11 08:15AM N-02    
CV                                Ex
Parte        
37-2008-00091303-CU-PO-NC     
 D)San Marcos Unified School
Daniel R Shinoff         

South County
01/28/11 08:30AM S-04    CV
Cannon, William S.             
Hearing on Peti
37-2010-00075138-CU-WM-SC     
 R)San Ysidro School Distric
Daniel R Shinoff         

East County
01/28/11 10:30AM E-14    CV
Sturgeon, Eddie C              Civil
Case Mana
37-2010-00065496-CU-PA-EC      
D)Lakeside Union School Dis
Daniel R Shinoff         
Central
02/04/11 09:00AM C-75    
CV                                Motion Hearing  
37-2010-00069645-CU-PO-CTL     D)La
Mesa-
Spring Valley Sch Daniel R
Shinoff         
02/04/11 09:00AM C-75    
CV                                Motion Hearing  
37-2010-00069645-CU-PO-CTL     D)La
Mesa-Spring Valley Sch Daniel R
Shinoff         
1) Poway loses Donovan decision
70-page decision written by federal judge; Gay
Students Win $300,000 For School’s "Deliberate
Indifference" to Harassment
Shinoff loses Harper v. Poway
free speech case
Poway allowed abuse of gay students (Donovan case),
but then turned around and denied an anti-gay student
the right to wear a t-shirt expressing his religious views
(Harper case).  The law says it's okay to express one's
views, but it's not okay to abuse and attack fellow
students.  
Poway loses a second free speech case
Johnson v. Poway
(Education Reform Report)
North County
03/17/11 09:00AM N-30    
CV                                Ex Parte        
37-2008-00091303-CU-PO-NC      
D)San Marcos Unified School Daniel
R Shinoff         

East County
03/17/11 09:00AM E-14    CV
Sturgeon, Eddie C              
Civil Jury Tria
GIE029351                      
D)GOVERNING BOARD OF
THE GR Daniel R
Shinoff         
03/17/11 09:00AM E-14    CV
Sturgeon, Eddie C              
Civil Jury Tria
GIE029351                      
R)GROSSMONT UNION
HIGH SCHO Daniel R
Shinoff         
03/17/11 09:00AM E-14    
CV Sturgeon, Eddie
C              Civil Jury Tria
GIE029351                      
R)JAN BRANNEN               
Daniel R Shinoff         
03/17/11 09:00AM E-14    CV
Sturgeon, Eddie C              
Civil Jury Tria
GIE029351                      
D)ROBERT
CORNELIUS          Daniel R
Shinoff         
03/17/11 09:00AM E-14    CV
Sturgeon, Eddie C              
Civil Jury Tria
GIE029351                      
R)SCOTT PATTERSON           
Daniel R Shinoff         
03/17/11 09:00AM E-14    
CV Sturgeon, Eddie
C              Civil Jury Tria
GIE029351                      
D)STEVEN SONNICH            
Daniel R Shinoff         
03/17/11 09:00AM E-14    
CV Sturgeon, Eddie
C              Civil Jury Tria
GIE029351                      
D)TERRY RAY                 
Daniel R Shinoff         
03/17/11 09:00AM E-14    
CV Sturgeon, Eddie
C              Civil Jury Tria
GIE029351                      
D)TERRY RYAN                
Daniel R Shinoff         
03/18/11 01:30PM E-14    CV Sturgeon,
Eddie C              Demurrer / Moti
37-2010-00065496-CU-PA-EC      
D)Lakeside Union School Dis Daniel
R Shinoff         
03/18/11 01:30PM E-14    CV Sturgeon,
Eddie C              Civil Case Mana
37-2010-00065496-CU-PA-EC      
D)Lakeside Union School Dis Daniel
R Shinoff         
03/22/11 08:30AM E-14    
CV                                Ex Parte        
37-2008-00093763-CU-PO-EC      
D)Grossmont Union High Scho Daniel R
Shinoff         
Del Mar Union School District
From the district's website:
Christina Dyer letter
Del Mar Union
CHARLENE LEMONS-SHIVERS VS. SWEETWATER UNION HIGH
SCHOOL DISTRICT   
04/01/11 08:35AM  
Judge Cannon, William S.             
Motion Hearing  37-2010-00095796-CU-OE-SC           
South County            
Date Filed:         07/08/2010
CU-OE         Other employment
Plaintiff/Petitioner  
LEMONS-SHIVERS            CHARLENE            
Defendant/Respondent     
D)Bertha Lopez              
Ryan L Church    
D)Sweetwater Union High School District
Ryan L Church  
The case above is listed on the court calendar as having Ryan L.
Church as the attorney of record, but it seems that Church's boss,
Daniel Shinoff, was actually in charge of the case:
Sweetwater official loses suit against trustee
Administrator claimed intrusion, board member said she was just
doing her job
By Tanya Sierra, UNION-TRIBUNE
January 11, 2011
CHULA VISTA — An administrator who sued Sweetwater Union High
School District board member Bertha Lopez lost her case last week.

Charlene Lemons-Shivers, who was director of alternative
education, claimed she suffered undue scrutiny from Lopez for
reporting unapproved overtime for an employee. She complained
that Lopez targeted the program through questions and
unannounced visits. Lopez said she was doing her due diligence as
a board member.

Last week, Superior Court Judge William Cannon ruled in favor of
Lopez and the district by dismissing the case.

“It is critical that our elected officials feel free to express their
concerns without fear of litigation,” Lopez attorney Dan Shinoff said in
a statement. “Otherwise, our elected officials would have to balance
their concerns with fear of personal concerns of litigation. She was
sued personally and had to deal with the anxiety of litigation for many
months. Ms. Lopez and the District have been vindicated.”

...Shinoff said he intends to seek reimbursement of about $30,000
from Lemons-Shivers for defending the case.

[Maura Larkins' comment:

Daniel Shinoff doesn't want officials to "fear litigation"?  Is
he in the right country?  Freedom to petition for redress of
grievances is an important part of our constitution.  
Officials
don't always follow the law, and the freedom to petition for
redress is needed to keep them in line.  It's important that
officials keep in mind the possibility of litigation when they
decide their course of action.

Ironically, Shinoff doesn't feel the author of this site should
be allowed to express her concerns
without fear of
litigaton.  He sued me for defamation!

Shinoff is clearly trying to inflict anxiety on the plaintiff in
this case by asking her to pay the $30,000 he's charging
for his work.

I've had personal experience with Bertha Lopez completely
failing to do due diligence as a board member in CVESD.  I
think her decision to take matters in Sweetwater into her
own hands was a personal and political one, not a question
of fulfilling her responsibilities.]
10/29/10 10:45AM N-31   
Dato, William S.               
Trial Readiness
37-2009-000
54392-CU-PO-NC      
D)Oceanside Unified School  
Daniel R Shinoff      

North County
04/01/11 01:30PM
Nugent, Thomas P.              
Summary Judgment
37-2009-000
58050-CU-PO-NC      
D)Oceanside Unified School  Ryan L Church
CASE 1:
JOSEPH RADOVICH VS. WILLIAMS SCOTSMAN, INC.
37-2009-00104663-CU-PO-CTL            
San Diego            
Date Filed:         12/29/2009
CU-PO         PI/PD/WD - Other

Plaintiff/Petitioner  
POWAY UNIFIED SCHOOL DISTRICT                     
RADOVICH            JOSEPH            P  
LAMAR SPACE INC                        
NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD                        

Defendant/Respondent  
WILLIAMS SCOTSMAN INC                       P  
CONSTRUCTION QUALITY ASSURANCE GROUP
LLC                        
ECHO PACIFIC CONSTRUCTION INC         
PINNACLEONE/BARNHART INC                        
ROES 1-100   
Slip and fall on steps during
construction.  PUSD is defendant and
plaintiff (two related cases)
Non-school cases
Otay Water District
Note: The west and central portions of San Diego County are
served by
San Diego Unified School District, which does not
employ or contract with Daneil Shinoff.
DIANE K YOUNG VS. MOUNTAIN EMPIRE UNIFIED
SCHOOL DISTRICT  
Date Filed:         03/04/2010
Category:         CU-OE  Other employment
East County
04/08/11
Wohlfeil, Joel R.              
Summary Judgmen
37-2010-
00065929-CU-OE-EC      
D)Mountain Empire Unified S Daniel R Shinoff         
Bruce Borad case
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         
Civil Appellate and Writ
Primary Contacts
* Paul V. Carelli, IV
* Jack M. Sleeth, Jr.

The Appellate Practice department is headed by
partner Paul V. Carelli IV. Mr. Carelli is a Certified
Specialist in Appellate Law, as recognized by the
California State Bar’s Legal Board of Specialization.
The Appellate Practice department has handled
countless civil appeals and writs in the United States
Supreme Court, the California Courts of Appeal,
and the U.S. Court of Appeals for the Ninth Circuit.

Success in an appellate practice is based on first-
class research and writing skills, knowing which
arguments work and which ones do not, and on
outstanding oral advocacy skills—all key attributes
which our Appellate Practice department possesses.

The firm briefed the United States Supreme Court
and the Ninth Circuit in the important and highly
controversial First Amendment school case of
Harper v. Poway Unified Sch. Dist., 445 F.3d 1166
(9th Cir. 2006), cert. granted and judg. vac., Harper
ex rel. Harper v. Poway Unified Sch. Dist., 127 S.Ct.
1484, 167 L.Ed.2d 225 (2007). In Harper, the Ninth
Circuit held that the First Amendment did not
prohibit school administrators from preventing a
student from wearing a shirt with an anti-gay
message on campus.

Here are additional published cases that the firm
has argued successfully:

* Shirk v. Vista Unified School District (2007) 42 Cal.
4th 201, 164 P.3d 630, 64 Cal.Rptr.3d 210
[representing the school district, successfully
argued that an adult plaintiff's lawsuit was time-
barred where the plaintiff claimed the District
negligently permitted sexual molestation by a
teacher over 25 years ago]
* Manderville v. PCG&S Group, Inc. (2007) 146 Cal.
App.4th 1486, 55 Cal.Rptr.3d 59 [reversing
summary judgment, holding that language in real
estate contract did not provide immunity to real
estate brokers alleged to have misrepresented
aspects of a real estate lot to the buyers]
* Carter v. Escondido Union High School District
(2007) 48 Cal.App.4th 922, 56 Cal.Rptr.3d 262
[reversing $1.3 million dollar jury verdict, and
holding that whistleblower's statement to school
officials warning that a coach had recommended a
weight-gain supplement to a student does not
provide a legal basis for termination in violation of
public policy]
* Austin B. v. Escondido Union Elementary Sch. Dist.
(2007) 149 Cal.App.4th 860, 57 Cal.Rptr.3d 454
[upholding jury verdict finding that teacher did not
abuse autistic students]
* Hood v. Encinitas Union Sch. Dist. (9th Cir. 2007)
486 F.3d 1099 [holding that trial court did not err by
ruling that a student's needs could be met with
appropriate accommodations in the regular
education environment, rather than placement in a
special-needs

[Maura Larkins' comment: why not mention
Stutz v. Larkins?]
East County
04/15/11 10:30AM
Sturgeon, Eddie C              
Civil Case Mana
37-2010-000
65496-CU-PA-EC      
D)Lakeside Union School Dis
Daniel R Shinoff
Devin Coley v. San Marcos Unified
Wrestler injured by body slams
Central
05/06/11 01:45PM C-73    
Denton, Steven R.             
Civil Case Mana 37-2010-00
104942-CU-PO-CTL     
D)San Ysidro School Distric
Daniel R Shinoff         
Martha Gomez vs. San Ysidro School District
County of San Diego        (D)        
Julie R Dann
Martha Gomez        (P)        
Lorraine M Nisbet
Maxim Healthcare Services Inc        (D)       
San Ysidro School District        (D)        Daniel R Shinoff
San Ysidro
Puplava/Crosier SDCOE DEFAMATION suit
Two SDCOE executives sued 2 citizens for revealing to the San Diego Union-Tribune that Dan
Puplava received over $300,000 (beyond his SDCOE salary) from finiancial companies he
worked iwth as part of his job
05/06/11 Judge Styn, Ronald L.  37-2008-00090684-CU-BT-CTL     C) Diane Crosier
Daniel R Shinoff         
See blog posts:  
Diane Crosier        Dan Puplava.
...
...
San Diego County Office of Education
Voice of San Diego article about Daniel Shinoff
Rodger Hartnett case
East County
05/12/11 08:30AM
Ex Parte        
37-2008-00093763-CU-PO-EC      
D)Grossmont Union High Scho
Daniel R Shinoff         
Rios vs. GUHSD
Stutz Artiano’s trial team won a defense verdict in a football injury
case in which the demand was $30 million.  Partners Daniel
Shinoff and Gil Abed represented Grossmont Union High School
District in the six-week trial.  In October 2007, the Grossmont
student sustained a neck injury during a junior varsity football
game. With prompt action by his coaches, trainers, teachers and
first responders, the student received the immediate care he
required.  The student’s parents later sued the District for
negligence, including those who responded to administer
emergency care to the student athlete.   Rios v. Grossmont Union
High School District.  Superior Court Case No: 37-2008-
00093763-CU-PO-EC
Stutz v. Larkins DEFAMATION suit

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        


Nov 2010
Central
11/29/10 01:30PM C-66    CV
Pressman, Joel M.              Civil Jury
Tria 37-2009-00082579-CU-OE-CTL     
D)Mountain Empire Unified S Daniel R
Shinoff         
11/29/10 01:30PM C-66    CV
Pressman, Joel M.              Civil Jury
Tria 37-2009-00082579-CU-OE-CTL     
D)Paul Mallon               Daniel R
Shinoff         


12/02/10 08:15AM C-64    
CV Nevitt, William R.
Jr.         Ex Parte        
GIC871766                      
D)CAJON VALLEY UNION
SCHOOL Daniel R
Shinoff         
North County
12/06/11 09:00AM N-30    
CV                                Ex
Parte        
37-2008-00091303-CU-PO-NC     
 D)San Marcos Unified School
Daniel R Shinoff         



East County
12/06/11 08:30AM E-14    
CV                                Ex
Parte        
37-2010-00065496-CU-PA-EC     
 D)Lakeside Union School Dis
Daniel R Shinoff         
South County
12/02/11 08:35AM S-04    Cannon, William S.   
Motion Hearing  37-2010-000
75138-CU-WM-SC    
R)San Ysidro School Distric Daniel R Shinoff
South County
07/05/12 08:30AM S-07                              
Ex Parte
12/05/11 08:30AM S-04
Cannon, William S.    
37-2010-00106348-CU-WT-SC  
Civil Case Mana     
D)Fred Ferguson, Jr           
D)Gary Gauger                 
D)Henry John Allshouse         
D)Jesus Gandara                
D)Mike Kelley                    
D)Rip Courter    
           
D)Sweetwater Union High Sch
D)Todd Torgerson                
D)Vincent Andrelli    
      
Daniel R Shinoff         
Central
03/08/12 02:15PM C-52    CV
Nevitt, William R. Jr          
Status Conferen
GIC871766                      
D
)CAJON VALLEY UNION
SCHOOL
Daniel R Shinoff         



North County
03/09/12 11:30AM
N-30    CV
Nugent, Thomas P.              Ex
Parte        
37-2008-00091303-CU-PO-NC     
 D)
San Marcos Unified School
Daniel R Shinoff         (Eveland)
Defending white collar wrongdoing
KEARNEY   v.   FOLEY & LARDNER, LLP;  GREGORY
V. MOSER;
LARRY L. MARSHALL, MICHAEL
MCCARTY,
Defendants-Appellees.
Appeal from the United States District Court for the
Southern District of California
M. James Lorenz, District Judge, Presiding
Filed May 12, 2009

Otay Water District--Mr. Shinoff defended Attorney
Bonny Garcia and the Otay board
Carlsbad
05/11/12 08:30AM N-31    
Judge Casserly, Timothy M.         
  
Civil Jury Trial
37-2010-00060474-CU-PO-NC (North County--Vista)
Defendant/Respondent                
FIRTH           RAYMOND       
D)Carlsbad Unified School District
Daniel Shinoff
JAIDEN P VS. CARLSBAD UNIFIED SCHOOL DISTRICT
Date Filed:        10/06/2010
A former teacher convicted of sexual battery against two Carlsbad
elementary school girls is out of prison after less than two years,
according to state prison officials, but his name does not appear
on the state's Megan's Law website.  The teacher, Raymond
Lewis Firth, 41, was released from prison on March 3, a state
prison official said...civil trial involving two of Firth's young victims,
whose parents are suing Carlsbad Unified School District on their
behalf. The suit says that the school district was negligent in
monitoring Firth during the seven years he taught at Pacific Rim
Elementary School.  

UPDATE:
$4.5 million verdict for minors abused by
school teacher.  School district found
liable by jury.
Date of Jury Verdict: Monday, June 18, 2012
Gross Verdict: $4,500,000
Net Verdict: $4,500,000
Contributory/Comparative Negligence: Carlsbad Unified: 40% at
fault; Raymond Firth: 60% at fault
Economic Damages:
$200,000 each plaintiff
Non-Economic Damages:
Emma: $2,500,000;   Jaiden: $1,600,000
Trial Time: 5 weeks
Jury Deliberation Time: 3 days
Jury Polls: 12-0 liability; 10-2 damages

Attorney for the Plantiff:
Taylor & Ring by David M. Ring and
Louanne Masry, Los Angeles

Attorney for the Defendant:
Stutz, Artiano, Shinoff & Holtz by Daniel
Shinoff and Paul Carelli, San Diego (for
CUSD)

Lewis Brisbois Bisgaard & Smith LLP by
Marilyn Moriarty, San Diego (for
Raymond Firth) [This firm has an office
inside the Stutz Artiano office]

Plaintiff’s Medical Experts:
Dr. Clark Clipson, psychologist, San Diego
Defendant's Medical Experts:
Dr. Glenn Lipson, psychologist, San Diego
Defendant's Technical Experts:
Dave Cowles, school liability, Superintendant of
neighboring Vista Unified School District from 1998 to
2006.

Raymond Firth was a teacher employed by Carlsbad Unified
School District from 1999 to 2007. He taught 3rd grade.

In Fall 2006, the assistant principal walked into Firth's classroom
during recess and found Firth with a girl on his lap. After plaintiff
Jaiden reported the abuse in Fall 2007, an investigation ensued,
but Firth was not immediately charged with any crime due to lack
of evidence. He was placed on administrative leave by the school
district.

After another victim came forward in 2008, Firth was criminally
charged. Then plaintiff Emma came forward in 2009 and reported
that she, too, had been a victim. Firth eventually plead guilty and
was sentenced to prison. Firth groped Jaiden one time outside of
her clothing. Firth molested Emma many times.
Plaintiff's Contentions:

That Firth molested Emma during school year 2006-2007 when
she was a student in his class. That Firth molested Jaiden in Fall
2007 when she was a student in his class, and that Jaiden
immediately reported the abuse.

That Between 2001 and 2007 a few parents complained to the
school's principal about Firth's interactions with girls. That Firth
frequently had his female students sit on his lap during class.
ThatHe was often in the classroom with one or just a few girls
before school or during recess or lunch. That at least one parent
was uncomfortable with this and told the principal.

That the school district was negligent in its supervision of its
teacher. The school's principal received several complaints over
the years about Firth's improper interactions with girls (sitting on
his lap, alone in the classroom, excessive physical contact), yet
did little or nothing to end the misconduct. In Fall 2006 the
assistant principal observed Firth with a girl on his lap and
reported that to the principal, but the principal again did little or
nothing in response. Then, a parent reported similar misconduct
by Firth to another teacher, who failed to report it to the principal.
The school district failed to take adequate action to end the
improper behavior by Firth.

Plaintiffs contended that their government tort claims were
excused from being late because the school district caused the
parents to delay in presenting the claims. Plaintiffs contended that
they suffered severe emotional distress and PTSD as a result of
the molestations.

Defendant school district contended that it had not
received any complaints about Firth.
The principal spoke to Firth
about the importance of keeping proper physical boundaries
with students each time the issue was raised and Firth agreed
to do so. At no time did the principal or anyone else from the
school suspect anything improper was taking place. Firth was a
well-liked teacher
and had satisfactory performance reviews. The
school was not negligent as it properly supervised its teachers
and had no way of knowing or even suspecting that Firth was
molesting girls.

Defendant school district also contended that each plaintiff filed
a late government tort claim and that each claim was therefore
time-barred. The school district contended that plaintiffs'
emotional distress was caused, in part, by their parents'
divorces
. Finally, the school district contended that Firth was
100% responsible for any of the plaintiff's damages, as Firth
committed criminal acts.

Injuries and Other Damages
Severe emotional distress; post traumatic stress disorder;
depression
Special Damages Claimed - Past Medical: None
Special Damages Claimed - Future Medical: Future therapy costs
Special Damages Claimed - Future Lost Earnings: None
05/11/12 09:15AM N-29    
Judge Dahlquist, Robert P            
Civil Case Mana 37-2011-00057403-CU-PO-NC
D)Carlsbad Unified School D
Daniel R Shinoff  
05/11/12 01:30PM N-31    
Casserly, Timothy M.           
Motion Hearing  
37-2010-000
63311-CU-PO-NC      D)Oceanside
Unified School  
Daniel R Shinoff
MALIK JONES VS. OCEANSIDE UNIFIED
SCHOOL DISTRICT     
 
Case Location:        North County            
Date Filed:        12/23/2010
Category:        CU-PO        PI/PD/WD - Other
Plaintiff/Petitioner  
COMMUNITY SOLUTIONS IDEAS INC
Case Title:          AMPARANO MINOR vs HATCH
Case Number:          GIN024528           Case
Location:        North County            
Case Type:        Civil          Date Filed:        10/04/2002
Category:        A72120        Personal Injury (Other)
Plaintiff/Petitioner   
AMPARANO [MINOR]           RUBEN           P  
NUNEZ           MONIQUE M             
HATCH           DAVID IRVING             
VISTA UNIFIED SCHOOL DISTRICT                        


Case Title:          AMPARANO vs HATCH
Case Number:          GIN018242           
Case Type:        Civil          Date Filed:        01/18/2002
Category:        A61708        Other Civil Petition
Plaintiff/Petitioner  
AMPARANO           RUBEN           P  
NUNEZ           MONIQUE M             
Defendant/Respondent   
HATCH           DAVID IRVING             
VISTA UNIFIED SCHOOL DISTRICT                        
Lovell case (Elizabeth Schulman)
East County
07/11/12 08:30AM E-15    Wohlfeil, Joel R.
Hearing on Peti 37-2010-00097258-CU-PO-EC      
D)La Mesa Spring Vallley Sc
Daniel R Shinoff  
North County
07/20/12 09:00AM N-31  
Casserly, Timothy
M.           
Civil Case Mana
37-2010-00063311-CU-PO-NC      
D)Oceanside Unified
School  
Daniel R Shinoff         

East County
07/25/12 08:30AM E-14  Hearing
on Comp
37-2011-00092574-CU-PO-EC      
D)Lakeside Union
School Dis
Daniel R Shinoff
Nancy Carney Cardosa
Works at Oceanside Unified School District, Disabilities
Education Specialist, Studied Disabilities Education Specialist
at California State University, San Marcos, Lives in Carlsbad,
California
North County
04/18/14 10:00AM N-29    
Dahlquist, Robert P            
Trial Readiness
05/24/13 01:30PM   Discovery Heari         
08/16/12 08:30AM N-29                                  
Ex Parte        
37-2011-000
57459-CU-NP-NC      
D)Nancy Cardosa             
Daniel R Shinoff         
D)Oceanside Unified School  
Daniel R Shinoff         
08/16/12 08:30AM N-29                                 
Ex Parte        
37-2011-000
57523-CU-PO-NC      
D)Mission Hills High School
Daniel R Shinoff       
D)San Marcos Unified School
Daniel R Shinoff         
ELIZABETH DUPREE VS. SAN MARCOS
UNIFIED SCHOOL DISTRICT, MISSION HIGH
SCHOOL
Case Number:          
37-2011-00057523-CU-PO-NC           Case
Location:        North County            
Date Filed:        08/26/2011
Category:        CU-PO        PI/PD/WD - Other
DUPREE           ELIZABETH           P  
DUPREE           ANTHONY             
SAN MARCOS UNIFIED SCHOOL DISTRICT,
MISSION HIGH SCHOOL                      P  
MISSION HILLS HIGH SCHOOL   
San Diego Education Report
SDER
San Diego
Education Report
SDER
SDER
SDER
San Diego Education Report
SDER
San Diego
Education Report
SDER
SDER
SDER
East County
08/23/12 08:30AM E-14                          
Ex Parte        
37-2010-00
105796-CU-PO-EC      
D)Guido Magliato            
Daniel R Shinoff         
D)La Mesa Spring Valley Sch
Daniel R Shinoff        


08/24/12 10:00AM E-14    
Sturgeon, Eddie C              
Trial Readiness 37-2010-00069645-CU-PO-EC      
D)La Mesa-Spring Valley Sch
Daniel R Shinoff     
East County
09/21/12 08:30AM E-14    Sturgeon, Eddie Civil Jury Tria
37-2010-00069645-CU-PO-EC      
D)La Mesa-Spring Valley Sch Daniel R Shinoff       
Central
08/24/12 10:30AM C-73    
Denton, Steven R.              
Motion to Quash
37-2012-000
95758-CU-BC-CTL     
D)San Ysidro School Distric
Daniel R Shinoff         
09/21/12 01:45PM C-73  
Civil Case Mana 37-2012-00095758-CU-BC-CTL     D)San Ysidro School
Distric Daniel R Shinoff       
08/24/12 10:00AM E-14  
Sturgeon, Eddie C              
Trial Readiness 37-2011-000
92574-CU-PO-EC      
D)Lakeside Union School Dis
Daniel R Shinoff         
Federal District Court (Shinoff lost)
3:97-cv-01917-BTM-JFS        
Bell v. CA Interscholastic, et al        
filed 10/24/97   closed 10/28/97
Dan Shinoff and his associate Lee Patajo represented SDCOE employees Diane
Crosier and Dan Puplava in their effort to silence private criticism by
Scott
Dauenhauer and Barry Allred of Dan Puplava's enormous income from
moonlighting with AIG Financial at the same time Puplava was Director of
SDCOE's
Fringe Benefits Consortium.  

The truth never came out in a trial;  Dauenhauer settled--but before the settlement
came about Dauenhauer revealed that the case was an enormous financial burden
for him.

Then comes this shocking news in May 2012:

1) Dan Puplava was fined $7000 and his broker's license suspended

2) Still, he was kept on by SDCOE as director of Fringe Benefits Consortium

3) AIG Financial was fined $300,000 for not properly supervising Puplava
Castle Park High (Sweetwater UHSD)
Ramona USD
SDCOE pays Stutz for work on Stutz v. Larkins defamation suit (although
public entities aren't allowed to sue for defamation
Deposition of Ray
Artiano by the author
of this website (with
Dan Shinoff acting as
Artiano's counsel)
Claudia Houston
MICHAEL ROBERTSON VS. DEL MAR UNION
SCHOOL DISTRICT
37-2011-00095885-CU-WM-CTL Case Location:        San
Diego            Case Type:        Civil          
Date Filed:        08/08/2011
Category:        CU-WM        Writ of Mandate [re public records]
10/10/2011 Case reassigned from Judge Hayes, Judith F. to
Lisa Foster effective 10/07/2011
01/07/2012
Case reassigned from Foster,Lisa to Curiel,Gonzalo effective
01/07/2012
Ubaldo Gutierrez vs. City of San Diego, San
Ysidro School District
12/21/12 10:00AM C-65    
Lewis, Joan M.                 
Trial Readiness
37-2011-00097687-CU-PO-CTL     
D)San Ysidro School Distric
Daniel R Shinoff  
       
PLAINTIFF represented by DARAL MAZZARELLA
Armas v. SDCOE, La Prensa Munoz
(Dan Shinoff)
Mr. Shinoff, with help from partner
James Holtz,
lost this case.  The jury
verdict was $12 million against the district.

EcoBusiness v. San Ysidro School District
(case
accusing SYSD of switching contractors because of
bribes,  
Superintendent and one board member
have been indicted in Dec. 2012)

Central
02/15/13 01:30PM C-33    CV
Bloom, Jay
M.  
                Settlement Conf
37-2011-00098735-CU-PO-CTL     
D)
DAMIAN GONZALEZ           Daniel R
Shinoff      


02/15/13 01:30PM C-33    CV Bloom, Jay
M.                  Settlement Conf
37-2011-00098735-CU-PO-CTL     
D)
Poway Unified School Dist Daniel R
Shinoff         

also 02/21/13 08:30AM C-65    
CV                                Ex Parte





02/15/13 10:00AM C-61    CV Meyer,
John S.                 Civil Case Mana
37-2012-00102032-CU-MC-CTL     
D)
Grossmont Union Hish Scho
Daniel R Shinoff        

North County
02/15/13 10:00AM N-21    CV Mills, Richard
E.              Settlement Conf
37-2010-00063311-CU-PO-NC      
D)Oceanside Unified School  Daniel R
Shinoff  



 
02/15/13 09:45AM C-65    CV Lewis, Joan
M.                 Civil Jury Tria
37-2011-00101439-CU-NP-CTL     D)Steve
Buleite             Daniel R Shinoff


North County
02/15/13 01:30PM N-27    CV
Stern, Jacqueline M.           
Motion Hearing  
37-2012-00054069-CU-WT-NC     
 D)
Fallbrook Union Elementar
Daniel R Shinoff    



02/22/13 09:00AM N-31              Civil
Case Mana
37-2012-00056965-CU-BC-NCD)
Pa
cific View Charter
Scho Daniel R
Shinoff         



East County
02/22/13 08:30AM E-14    CV
Sturgeon, Eddie C              Civil
Jury Tria
37-2010-00105796-CU-PO-EC      
D)
Guido Magliato            Daniel R
Shinoff         
02/22/13 08:30AM E-14    CV
Sturgeon, Eddie C              Civil
Jury Tria
37-2010-00105796-CU-PO-EC      
D)
La Mesa Spring Valley Sch
Daniel R Shinoff       
Marcia Kagnoff,  Jeffrey
Essakow,  Daniel Shinoff
and
Judge Judith Hayes

Interestingly, Marcia Kagnoff illegally
turned over Kaiser Medical records to
her friend Dan Shinoff in 2003.  When
Maura Larkins asked her why she had
done it, she said, "We have to do what
the lawyers tell us."  

Apparently she meant, "I always do
what family friend Dan Shinoff wants."
Defending white collar wrongdoing

[Maura Larkins' note: I personally paid, as a water
customer, for millions of dollars in legal fees because the
Water District indemnified its lawyers!]
This case was filed four months after
this Court of Appeal decision was filed
in 2007.  

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        
37-2007-00065902-CL-BC-CTL    San
Diego            
Case Type:        Civil          
Date Filed:        05/01/2007
Category:        CL-BCW        Breach of
Contract/Warranty

Plaintiff/Petitioner  

DITTY           ANTHONY T
[lawyer, "intervener" in case at left]          
ESSAKOW           JEFFERY         
KAGNOFF           MARCIA            
MOYHI           DARUSH             
RAGHAVEN           SREEN    


Defendant/Respondent  

HUNT           GEORGE          
KAGNOFF           MARCIA C          
PROPTECH INC        
02/15/13 09:45AM
C-65    
Lewis, Joan M.                 
Civil Jury Tria
37-2011-00101439-CU-NP-CTL     
D)Steve Buleite             
Daniel R Shinoff     

02/15/13 09:45AM C-65    CV Lewis, Joan M.                 
Civil Jury Tria 37-2011-00101439-CU-NP-CTL
    
P
)Michael J Perez           
Michael J Perez     

Michael J. Pérez is a trial lawyer who has amassed
more than 55 civil and criminal jury trials without a loss.
His practice focuses primarily on complex business
litigation and class action litigation in the areas of
intellectual property and employment law. As lead
counsel, Mr. Pérez has successfully tried to verdict jury
trials in the areas of trademark infringement, real estate
investment loan class actions, employment-related
matters, and Section 1983 actions on behalf of several
municipalities.

Prior to establishing Pérez & Wilson LLP, Mr. Pérez was
a partner in the business litigation practice group of
Luce, Forward, Hamilton & Scripps LLP. Mr. Pérez is
also a former Counsel to U.S. Attorney General Janet
Reno and U.S. Deputy Attorney General Eric H. Holder,
Jr. Prior to working in Washington, D.C., Mr. Pérez
served as General Counsel to the U.S. Embassy in
Mexico City for two years. He is a former Assistant
United States Attorney for the Southern District of
California where he conducted numerous grand jury
investigations and indictments, international financial
investigations, and public corruption and drug trafficking
trials and appeals.

As a native San Diegan and active member of the
community, Mr. Pérez serves on numerous non-profit
boards including the MLK, Jr. All People’s Breakfast
Committee, the UCSD Hispanic Scholarship Council,
and Volunteers in Parole, Inc. He is also active with the
Lawyers Club of San Diego and a Master in the William
B. Enright Inn of Court. In 2001, he was appointed by the
Mayor of San Diego to serve as a Commissioner on the
City’s Human Relations Committee. In 2002, Mr. Pérez
was listed in San Diego Magazine’s “50 People to
Watch”, and in 2004 he was listed in San Diego
Metropolitan Magazine’s “40 Under Forty” notable San
Diegans. In 2008 Mr. Pérez was named Attorney of the
Year by the San Diego La Raza Lawyer's Association.

Mr. Pérez is a former member of the Stanford University
Board of Trustees, and past President of the California
La Raza Lawyers Association.

Mr. Pérez earned his JD from UCLA in 1990, and began
his legal career at Brobeck, Phleger & Harrison LLP
where he spent five years specializing in intellectual
property litigation. He obtained his BA from Stanford
University, graduating with honors in 1987.

Mr. Pérez provides expert commentary for NBC. He is
also fluent in Spanish.
Central

03/06/13 08:30AM C-65     Ex Parte        
37-2011-00097687-CU-PO-CTL     
D)San Ysidro School Distric Daniel R
Shinoff         



North County

03/01/13 01:30PM N-29    Dahlquist, Robert
P             37-2011-00057459-CU-NP-NC      
D)Oceanside Unified School  Daniel R
Shinoff         
Robert P Dahlquist Judge
TENTATIVE RULINGS -
February 27, 2013
03/01/2013
01:30:00 PM N-29
JUDICIAL OFFICER:
Robert P Dahlquist
Civil - Unlimited
Non-PI/PD/WD tort - Other
Summary Judgment /
Summary Adjudication (Civil)
37-2011-00057459-CU-NP-NC
FRAMPTON, PHD VS.
OCEANSIDE UNIFIED SCHOOL
DISTRICT
Plaintiff/cross-defendant Sara
Frampton's motion for summary
adjudication is denied.
There is
a
triable
issue
of
fact
as
to
whether
Dr.
Frampton
intentionally
shoved
Ms.
Cardosa
from
behind,
knocking
Ms.
Cardosa
to
the
floor,
causing
serious
injury.
(See
Declaration
of
Nancy
Cardosa,
filed
Feb.
15,
2013.)


03/01/13 01:30PM N-29    Dahlquist,
Robert P            Motion Hearing  
37-2011-00057523-CU-PO-NC      
D)Mission Hills High School Daniel R
Shinoff          D)San Marcos Unified
School Daniel R Shinoff            
Robert P Dahlquist Judge
TENTATIVE RULINGS -
February 28, 2013
03/01/2013
01:30:00 PM
N-29
COUNTY OF SAN DIEGO
February 28, 2013
JUDICIAL OFFICER:
Robert P Dahlquist
Civil - Unlimited
PI/PD/WD - Other
Motion Hearing (Civil)
37-2011-00057523-CU-PO-NC
DUPREE VS. SAN MARCOS
UNIFIED SCHOOL DISTRICT,
MISSION HIGH SCHOOL
CAUSAL DOCUMENT/DATE
FILED:
stolo
Plaintiff Elizabeth Dupree's
motion to tax costs is denied.
The
"filing
and
motion
fees"
of
$201.54
probably
should
have
been
listed
by
San
Marcos
Unified
School
District
as
"other"
costs
because
they
are
costs
incurred
for
attorney
service
or
messenger
service
to
deliver
papers
to
the
court
for
filings
and
not
true
filing
fees.
In
any
event,
the
Court
has
the
discretion
in
appropriate
circumstances
to
allow
recovery
of
such
costs.
The
Court
believes
that
the
costs
were
reasonable
and
necessary
in this case.
The
"models,
blowups,
and
photocopies
of
exhibits"
cost
of
$3,925.26
likewise
are
reasonable and recoverable
in this case.
In
short,
the
Court
finds
that
all
of
the
challenged
costs:
(1)
were
"reasonably
necessary
to
the
conduct
of
the
litigation
rather
than
merely
convenient
or
beneficial
to
its
preparation,"
CCP
§
1033.5(c)(2),
and
(2)
are
"reasonable
in
amount."
CCP
§
1033.5(c)(3).






East County

03/04/13 09:00AM E-14    CV Sturgeon,
Eddie C              Civil Jury Tria
37-2010-00105796-CU-PO-EC      D)Guido
Magliato            Daniel R Shinoff         
D)La Mesa Spring Valley Sch
Daniel R Shinoff         
Central
03/06/13 08:30AM C-65    CV
Lewis, Joan M.                 Ex
Parte        
37-2011-00097687-CU-PO-CTL    
 D)San Ysidro School Distric
Daniel R Shinoff        


03/08/13 10:00AM C-70    CV
Trapp, Randa                   Civil
Case Mana
37-2012-00084600-CU-CR-CTL    
 C)Sweetwater Union High Sch
Daniel R Shinoff         
Central
04/05/13 10:30AM C-73    CV                                Motion Hearing  
37-2012-00095758-CU-BC-CTL     D)Manuel Paul               Daniel
R Shinoff         
04/05/13 10:30AM C-73    CV                                Motion Hearing  
37-2012-00095758-CU-BC-CTL     D)San Ysidro School Distric
Daniel R Shinoff         
ECOBUSINESS ALLIANCE LLC VS. SAN YSIDRO SCHOOL
DISTRICT [IMAGED]
Case Number:           37-2012-00095758-CU-BC-CTL     
Date Filed:         04/05/2012
Category:         CU-BCW         Breach of Contract/Warranty
Plaintiff/Petitioner  
ECOBUSINESS ALLIANCE LLC                       
MANZANA ENERGY                     
MANZANA NES SYSD LLC                        
Defendant/Respondent  
SAN YSIDRO SCHOOL DISTRICT             
MADEN            GARETH             
MADEN            RAQUEL MARQUEZ             
PAUL            MANUEL             
Autumn 2011

Colter Rios v. Grossmont Union
High School District
Case No.:
SDSC Case No.
37-2008-00093763-CU-PO-EC
Judge:
Hon. Eddie C. Sturgeon
Type of Action:
High school student football
player injured in football game.
Type of Trial:
Jury
Trial Length:
8-weeks
Verdict:
Defense verdict
Attorney(s) for Plaintiff(s):
Mark Clayton Choate;
Sonia Chaisson
Attorney(s) for Defendant(s):
Daniel R. Shinoff;
Gil Abed
Damages and/or Injuries:
Serious neck injury
Settlement Demand:
$3 million
Settlement Offer:
$150,000
Plaintiff Attorney Asked Jury for:
$28 million




Bottom line
Schwaia v. Lakeside Union School
District, et al.
Case No.:
SDSC Case No.
37-2008-00065857-CU-OE-EC
Judge:
Hon. Eddie C. Sturgeon
Type of Action:
Employment Disability discrimination; failure to engage in
the interactive process;
failure to provide reasonable accommodation;
Ordering a prohibited Medical Examination;
Harassment; Retaliation and failure to prevent
discrimination and harassment, under FEHA
Type of Trial:
Bench
Trial Length:
3 weeks
Verdict:
Defense
Attorney(s) for Plaintiff(s):
Marilyn Mika Spencer,
David Greenberg, Art Skola
Attorney(s) for Defendant(s):
Daniel R. Shinoff,
Jeanne Blumenfeld
Damages and/or Injuries:
Damages were sought
for back pay, front pay, medical expenses, and
emotional distress
Settlement Demand:
None
Settlement Offer:
Plaintiff Asked the Court for:
None
$500,000 plus lodestar and attorney fees


Bottom line
Eric Lopez, v. Cajon Valley Union
School District; Sandra L. Peterson; and Joann Kennedy
Case No.: SDSC Case No. GIC871766
Judge:
Honorable William R. Nevitt, Jr.
Type of Action:
Personal Injury action of minor
Plaintiff for a dart-out auto accident. Plaintiff
claimed that he was negligently supervised on
campus which led to his off-campus injuries.
Plaintiff also claimed that the school district failed
to implement its own transportation policies.
Type of Trial: Bench
Trial Length: 2 weeks
Verdict:
Defense: Motion for Judgment granted in
favor of school district.
Attorney(s) for Plaintiff(s):
Thomas Castonguay
of the Law Offices of Thomas Castonguay
Attorney(s) for Defendant(s):
Daniel R. Shinoff
and Jeffrey P. Wade, Jr. of Stutz Artiano Shinoff &
Holtz APC
Damages and/or Injuries:
Alleged closed head
injury and internal injuries
Settlement Demand:
$350,000
Settlement Offer:
$75,000
Plaintiff Attorney Asked for:
In excess of
$400,000.



Bottom line
Title of Case:
Vigeant v. Anaheim Union High
School District
Case No.:
OCSC Case No. 30-2010-00336685
Judge:
Hon. Derek W. Hunt
Type of Action:
Student wood shop injury
involving partial amputation of a finger; against the
school District.
Type of Trial:
Bench
Trial Length:
3 days
Verdict:
Defense
Attorney(s) for Plaintiff(s):
Yoshiaki C. Kubota
Chambers, Noronha & Kubota
Attorney(s) for Defendant(s):
Daniel R. Shinoff,
Patrice M. Coady
Damages and/or Injuries:
Amputated finger,
medical specials of $5,000
Settlement Demand:
$120,000
Settlement Offer:
$7,000
Josephine Harper-Thornton vs. Poway Unified
Case Status:         Post Judgment                           
Case Type:         Wrongful Termination
05/24/13 10:30AM  Motion Hearing
Central-61    Meyer, John S.                   
37-2011-00087193-CU-WT-CTL     
Daniel R Shinoff         
Central
05/31/13 09:45AM C-65    
Lewis, Joan M.                 Civil Jury Trial
37-2011-00098735-CU-PO-CTL     
Plaintiff Brandon Gandara
D)DAMIAN GONZALEZ              
D)Poway Unified School Dist
Daniel R Shinoff         

Abusive high school coach to varsity player with a learning
disability: “You Suck!”
October 6, 2011
By The Galloping Ghost
The Matador Sports

There are different theories on how to motivate players and turn young
boys into men. San Diego’s Poway High School varsity football coach
Damian Gonzalez stated in an interview that his coaching philosophy is to
“teach the game of football to develop quality character, discipline,
integrity, commitment and work ethic in our student-athletes.” Well
Gonzalez may want to rethink his approach. As a result of constantly
belittling and berating one the members of the Titans football team,
coach Gonzalez and the school district are facing a personal injury
lawsuit for causing physical and emotional injuries to varsity kicker
Brandon Gandara, who was incidentally diagnosed with a specific
learning disability...

In one instance, Gandara was scheduled to undergo foot surgery and
asked to be sidelined from all running drills, but coach Gonzalez did not
see it that way. He instructed Gandara to take to the field and hit the sleds
which ultimately caused more damage to his already injured foot.

If physical abuse was not on Gonzalez’ agenda, verbal abuse certainly
was.
Gonzalez would repeatedly call Gandara “fat,” “stupid,” and
“lazy.” It was overheard once that Gonzalez yelled, “do you know why
we hate you? Because you are you, and You Suck!”...
East County
09/06/13 11:00AM E-14    CV Sturgeon, Eddie
C              OSC - Failure t
37-2010-00069645-CU-PO-EC      D)La Mesa-Spring
Valley Sch Daniel R Shinoff         
09/10/13 08:30AM C-67   Ex Parte        
37-2012-00095758-CU-BC-CTL     
D)Manuel Paul               
D)San Ysidro School District
Daniel R Shinoff  
Santee
    06/06/14 01:30PM C-72    
JudgeTaylor, Timothy               
Demurrer / Moti
37-2013-00034970-CU-PO-CTL     
D)Project Safe (separate en Daniel R
Shinoff       

C)Santee School District    Daniel R
Shinoff    
09/13/13 01:30PM C-72    
CV Taylor, Timothy                
Demurrer / Moti
37-2013-00034970-CU-PO-CTL     
D)Chet F Harritt Elementary   
D)Project Safe (separate en
D)Santee Unified School Dis Daniel R
Shinoff         
BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
SPECIAL EDUCATION DIVISION STATE OF CALIFORNIA

STUDENT,
Petitioner,
and
ENCINITAS UNION SCHOOL DISTRICT,
Respondent.

OAH No. N2005080083
DECISION BY CONSENT
Elizabeth Feyzbakhsh, Administrative Law Judge
April 20, 2006, in Encinitas, California.
Student was represented by Eric Freedus, Attorney
at Law. Joel Mason, Attorney at Law,
Stutz, Artiano, Shinoff, & Holtz, represented the Encinitas Union
School District. The parties have agreed to settle the matter by
entering into a Stipulation for Decision by Consent...
2.8 million verdict to father for elementary
school’s release of child to non-parent
NSBA.org
Oct. 10, 2013

A federal district court jury has awarded the father of an
elementary school student, who was released to an
unauthorized person, $2.8 million in damages, says The
San Diego Union-T[ribune].  The jury held that the
Escondido Union School District (EUSD) was
responsible for allowing the student to be released from
school to a non-parent and kidnapped to Mexico.  The
lawsuit centered on the issue of who is authorized to pick up
children from school, and how closely those policies are
followed, especially when dealing with splintered families
and complicated parent work schedules.

When Enrique’s mother, Claudia Cano, was deported in
November 2010, the boy went to live with his father,
according to the lawsuit.  Cano notified the school that she’
d been deported.  On the morning of  December 6, 2010,
Manuel Ramirez dropped off his son at Farr Elementary
School (FES).  That day, a person identifying herself as
Cano called the school and spoke with the office manager,
Graciela Mineroa Murguia.  She said Enrique had a doctor’s
appointment in 15 minutes but was unable to get out of
work to take him.  She told the manager that she was
instead sending her boyfriend to pick him up.

The manager said she checked and saw that the
boyfriend was not listed on the boy’s “emergency
card” as an authorized person for pickup.  But
Murguia wrote down his name and said the boyfriend
could do the pickup as long as he showed
identification.
 A school clerk was staffing the desk when
the boyfriend showed up, and she let Enrique go with him
upon checking the ID, according to court records.  Enrique
appeared to recognize the boyfriend, calling him by his
nickname, and looked “happy to see him,” according to the
school district’s trial brief.  

When Ramirez returned later that day to pick up
Enrique, only his backpack was in the classroom.  
Enrique, a U.S. citizen,  is believed to be living in
Mexico with his mother, Claudia Cano.

The lynch pin of the suit was the school’s policy, which
states: “If a student needs to be dismissed during the day,
the school will only let him or her be signed out by someone
who is listed on the emergency card,” and again, “We will
not release your child to anyone not listed on the
emergency card.”  The district argued that the policy does
not prohibit a parent’s verbal authorization.

Ramirez’s suit, which was also filed on behalf of Enrique,
named EUSD and FES’s principal and office manager as
defendants.  The suit claimed deprivation of father-son
contact, negligence and intentional infliction of emotional
distress.  After a five-day trial and two days of deliberation,
the jury awarded the father $2 million and his son
$850,000.  The principal, Angel Gotay, was also ordered to
pay punitive damages of $3,500, and the office manager $2.

EUSD’s attorney,  Daniel Shinoff,
expressed disappointment with the jury’s
verdict, and stated he planned to
recommend the decision be appealed for a
number of reasons.

According to Ken Trump, president of National School
Safety and Security Services, family custody issues, rather
than random gun violence, are “without a doubt” the biggest
threat facing elementary schools on a day-to-day basis.
“These things are so complex. … Maintaining that chain of
custody of the child is critical.  Unfortunately, one mistake
can be a matter of life or death,” said Trump.  “Because of
that, school secretaries and principals are typically
extremely vigilant about maintaining the letter of the law,
and it often comes down to what legal orders they have on
file.”

Source: The San Diego Union-Times, 10/3/13, By Kristana
Davis

[Editor's Note: In its February 2012 order denying EUSD et
al's motion to dismiss Ramirez's suit, the federal district
court stated that the federal constitutional right at issue, i.
e., the substantive due process right to family integrity or to
familial association, "is well established."  The court held
that the plaintiffs had met their burden on a substantive due
process claim of showing that the defendants' conduct
"shock[ed] the conscience or offend[ed] the community’s
sense of fair play and decency.”

In a case with similar issues, Doe v. Covington Cnty.
Sch. Dist., the plaintiff  unsuccessfully argued that
the school district was liable for violating her
substantive due process rights based on the special
relationship exception enunciated in DeShaney v.
Winnebago County Department of Social Services,

489 U.S. 189 (1989), to the well-settled rule that
“a State’s
failure to protect an individual against private
violence simply does not constitute a violation of the
Due Process Clause.”
 In March 2013, Legal Clips
summarized the decision in Covington by a divided U.S.
Court of Appeals for the Fifth Circuit.

Ramirez’s theory of liability appears to have taken a page
from the concurring opinion in Covington, which states:
“If
the complaint had asserted that the affirmative act of
releasing Jane [the student] to Keyes [the
unauthorized person] was a causal act of
recklessness or deliberate indifference or
intentionality that caused her to be subjected to
injury
, and specifically to the deprivation of her right to
bodily integrity, the complaint properly would proceed
through discovery to trial.”]

- See more at: http://legalclips.nsba.org/2013/10/10/2-8-
million-verdict-to-father-for-elementary-schools-release-of-
child-to-non-parent/#sthash.qoIuFbVR.dpuf
2.8 million verdict to father for elementary school’s
release of child to non-parent
NSBA.org  Oct. 10, 2013
Mistrial declared in Allyn vs. FUESD
October 21st, 2013
ELAINE ALLYN VS. FALLBROOK UNION
ELEMENTARY SCHOOL DISTRICT
37-2012-00054069-CU-WT-NC  North County
Date Filed:         05/31/2012
Category:         CU-WT         Wrongful Termination
THOMPSON [a typo???  Plaintiff listed below as Thomas]
VS. FALLBROOK UNION ELEMENTARY SCHOOL
DISTRICT
37-2013-00064265-CU-PO-NC   North County            
Date Filed:         08/22/2013
Category:         CU-PO         PI/PD/WD - Other
Plaintiff/Petitioner  Primary (P)  
THOMAS            CLAYTON            P  
Defense Victory for Partner Daniel Shinoff and
Associate Jeanne Blumenfeld

Stutz Artiano’s education attorneys secured a
defense victory following more than a three-week
trial in the case of Bock v El Centro Elementary
School District and Gerardo Sanchez. The case
was heard in El Centro Superior Court before
Honorable Harold Bradford, with a jury verdict
rendered after only a brief deliberation.  Plaintiff,
formerly a physical education teacher with the El
Centro Elementary School District, sought punitive
and lost earnings damages asserting charges of
harassment, constructive discharge and hostile
work environment. The trial defense team was led
by Partner Daniel Shinoff and Associate Jeanne
Blumenfeld
CROUSE VS. PACIFIC VIEW CHARTER SCHOOL
4/01/14 09:00AM N-31   Casserly, Timothy
Civil Jury Trial
37-2012-00056965-CU-BC-NC      
Representation for Plaintiff--BODELL, DANIEL D;
Harrison, Harry W
Representation for Defendant: ABED, GIL; Shinoff, Dan
Case Location:         North County            
Date Filed:         09/06/2012
Category:         CU-BCW         
Breach of Contract/Warranty
Plaintiff/Petitioner  CROUSE    KATHY
01/15/2014--Opposition to Motion in Limine filed by
Crouse, Kathy
3670 Ocean Ranch Blvd. Oceanside, CA
92056-2669        
Independent Study
..Proudly serving San Diego County, Riverside County,
Orange County and Imperial County students since
1999..
Pacific View Charter School
Central
04/11/14 08:30AM C-61    CV Meyer,
John S.                 
Trial Readiness
37-2012-00084470-CU-PO-CTL     D)Poway
Unified School Dist
Shinoff William B      (Dan Shinoff's son
and law firm subordinate)
HANNELORE GUELLAND VS. SAN DIEGUITO
UNIFIED SCHOOL DISTRICT
37-2010-00061838-CU-PO-North County            
Date Filed:         11/12/2010
Category:         CU-PO         PI/PD/WD - Other
North County
04/10/14 08:30AM N-29    CV
Dahlquist, Robert P            Ex Parte        
37-2010-00061838-CU-PO-NC      D)San Dieguito
Unified Scho
Daniel R Shinoff
North County
04/18/14 08:30AM N-27    
Stern, Jacqueline M.           
Civil Jury Trial 37-2012-00054069-CU-WT-NC      
D)Fallbrook Union Elementar Daniel R Shinoff        
05/02/14 08:30AM N-31     
Casserly, Timothy M.           
Status Conferen
37-2012-00056965-CU-BC-NC      D)
Pacific
View Charter Scho
Daniel R Shinoff         
North County
05/01/14 08:30AM N-27    CV                                
Ex Parte        
37-2012-000
54069-CU-WT-NC      D)Fallbrook Union
Elementar Daniel R Shinoff      
More recent developments in Allyn v. FUESD:
JONES vs. County of San Diego
05/30/14 10:00AM C-75    
Strauss, Richard E. L.         
Civil Case Mana 37-2013-00057565-CU-PO-CTL    
D)San Diego County Sheriff
Daniel R Shinoff representing Sheriff in May 2014
03/14/2014        Disassociation of Attorney filed by
County of San Diego.
CROUSE VS. PACIFIC VIEW CHARTER SCHOOL
4/01/14 09:00AM N-31   Casserly, Timothy
Civil Jury Trial
37-2012-00056965-CU-BC-NC      
Representation for Plaintiff--BODELL, DANIEL D;
Harrison, Harry W
Representation for Defendant: ABED, GIL; Shinoff, Dan
Case Location:         North County            
Date Filed:         09/06/2012
Category:         CU-BCW         
Breach of Contract/Warranty
Plaintiff/Petitioner  CROUSE    KATHY
01/15/2014--Opposition to Motion in Limine filed by
Crouse, Kathy
3670 Ocean Ranch Blvd. Oceanside, CA
92056-2669        
Independent Study
..Proudly serving San Diego County, Riverside County,
Orange County and Imperial County students since
1999..
Pacific View Charter School
JONES vs. County of San Diego
05/30/14 10:00AM Civil Case Management 37-2013-
00057565-CU-PO-CTL
Judge Strauss, Richard E. L.
Civil case is proceeding for teacher aide, 25, who had
unlawful sex with a minor at county school
The Sheriff of San Diego is represented by Daniel
Shinoff in this  civil case related to this story:
Teacher’s Aide Sentenced for Having Sex With Student
Chrystina Delrosario, 25, will have to register as a sex
offender
By Sarah Grieco
NBCSanDiego
Feb 14, 2013

Delrosario worked for
Reflections Central School.

A woman found guilty of having sex with a 15-year-old
student at Reflections Central School was sentenced on
Thursday.
v Chrystina Delrosario, 25, will have to register as a sex
offender and could receive up to one year in prison.
However, if she does not misbehave after a year of
probation her sentence could be waived and her status
as a sex offender will be revoked.

Should Delrosario successfully complete two years of
probation, she also has the option to petition the court of
dropping the charges to misdemeanors.

Last year, police said school officials heard a rumor that
she had sex with a 15-year-old student on school
grounds and asked authorities to investigate. Delrosario
was arrested on July 18, 2012 and was placed on unpaid
leave...
Central
06/06/14 08:30AM C-62    Styn, Ronald L.                
Motion Hearing  
37-2012-00095758-CU-BC-CTL     
D)Manuel Paul                   
D)San Ysidro School Distric
Daniel R Shinoff     
California Court of Appeal Cases

2014 D066100         37-2012-00054069-CU-WT-NC         Allyn v. The
Superior Court of San Diego County/Fallbrook Union Elementary School
District         Daniel R. Shinoff
Stutz Artiano Shinoff & Holtz
D065910         37-2012-00095758-CU-BC-CTL         EcoBusiness Alliance,
LLC et al. v. San Ysidro School District         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D064888         37-2013-00035910-CU-MC-CTL         Sedlock et al. v. Baird
et al.         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D064501         ECU05804         Bock v. El Centro Elementary School
District et al.         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D064428         37-2013-00044300-CU-PT-NC         Civilian Conservation
Corps Camp Interest Group v. Valley Center Pauma Unified School District
et al.         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D064167         37-2011-00087193-CU-WT-CTL         Harper-Thornton v.
Poway Unified School District         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D064035         ECU06862         Hector F. v. El Centro Elementary School
District et al.         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D063576         37-2010-00106348-CU-WT-SC         Gerber v. Sweetwater
Union High School District et al.         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D063466         37-2010-00105796-CU-PO-EC         La Mesa Spring Valley
School District et al. v. The Superior Court of San Diego County/Jude M.,
Jr., a minor         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz, APC
D062992         37-2011-00095885-CU-WM-CTL         Robertson v. Del Mar
Union School District et al.         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D062103         37-2011-00095885-CU-WM-CTL         Robertson v. The
Superior Court of San Diego County/The Del Mar Union School
District         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D061537         37-2009-00082579-CU-OE-CTL         Howard v. Mountain
Empire Unified School District et al.         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D061518         37-2011-00086195-CU-WM-CTL         San Ysidro School
District v. Commission On Professional Competence et al.         Daniel R.
Shinoff
Stutz, Artiano, Shinoff and Holtz
D061487         37-2010-00056390-CU-WT-NC         Messina v. Escondido
Union High School District et al.         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D061409         37-2010-00075138-CU-WM-SC         Aguilera v. San Ysidro
School District et al.         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D061228         37-2010-00065929-CU-OE-EC         Young v. Mountain
Empire Unified School District         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D061054         37-2011-00101439-CU-NP-CTL         Perez v. The Superior
Court of San Diego County/Bulette         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D060971         37-2008-00093763-CU-PO-EC         Rios et al. v.
Grossmont Union High School District         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D060364         37-2008-00102526-CU-PO-EC         Cauzza et al. v. Julian
Union High School District         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D060314         37-2008-00065857-CU-OE-EC         Schwaia v. Lakeside
Union School District et al.         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D059543         37-2010-00075138-CU-WM-SC         Aguilera v. San Ysidro
School District et al.         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D059434         2171         Fallbrook Elementary Teachers Association v.
Public Employment Relations Board         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D058832         37-2010-00074677-CU-PT-CTL         Sweetwater Union
High School District v. Commission on Professional Competence         
Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D058530         37-2010-00050825-CU-OE-NC         McCallum v. Escondido
Union High School District         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
D058311         37-2009-00082498-CU-PO-EC         L.W. v. Mountain
Empire Unified School District         Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz

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