Nov. 10, 2007
Two days ago, Stutz
law firm said under
oath that it does not
consider Daniel
Shinoff to be a public
figure. Does Stutz not
understand the meaning
of "public figure"?
Here are the results the
San Diego Union
Tribune's online
newspaper gave on
November 10, 2007 for
keyword "Shinoff"
Grossmont board toughens
harassment policy | The San
Diego Union-Tribune
...district's legal counsel, Dan
Shinoff. When told that Urdahl...
...Shinoff's name is on a Feb. 22
summary of the harassment
allegation...
Friday, January 12, 2007
Teacher's suit vs. MiraCosta
awaits ruling | The San Diego
Union-Tribune
...law firm of Stutz, Artiano,
Shinoff & Holtz. San Diego
attorney... ...Warren complained
that Daniel Shinoff, the attorney
who Hatoff said...
Saturday, August 25, 2007
Judge reverses decision on
attorneys in MiraCosta case | The
San Diego
...the San Diego firm Stutz
Artiano Shinoff & Holtz can
continue to... ...information to
attorney Daniel Shinoff, who was
conducting a probe...
Thursday, September 06, 2007
Santana lawsuit faces more
delays | The San Diego Union-
Tribune
...we will proceed with trial," Dan
Shinoff, a lawyer for the
district,... ...Shinoff said the
district refused the offer because
it had already...
Friday, January 12, 2007
Parents of slain teens ask judge
to end suit | The San Diego Union-
Tribune
...Dan Shinoff, an attorney for
the district, said the district
agreed... ...been very difficult for
them,” Shinoff said. Michelle and
George...
Friday, January 12, 2007
Judge reverses decision on
attorneys in MiraCosta case | The
San Diego
...the San Diego firm Stutz
Artiano Shinoff & Holtz can
continue to... ...information to
attorney Daniel Shinoff, who was
conducting a probe...
Thursday, September 06, 2007
MiraCosta's odd sense of
fiduciary duty | The San Diego
Union-Tribune
...will never know,” affirmed Dan
Shinoff, the college's urbane... ...
on the billable direction of
Shinoff, ordered a blitzkrieg when
a...
Thursday, April 26, 2007
Federal lawsuit filed over land
purchased by Ramona district |
The San ...
...Dan Shinoff, who is
representing the school district
employee, said... ...have to be
guilty of something,” Shinoff
said. “It's the something...
Friday, January 12, 2007
Suit says student assaulted
classmate | The San Diego Union-
Tribune
...Daniel Shinoff, the attorney
representing Sweetwater, said
the... ...a violation of district
policy. Shinoff disputed that
claim. A...
Tuesday, January 16, 2007
Mediator: MiraCosta owes more
to Richart | The San Diego Union-
Tribune
...Tuesday after attorney Daniel
Shinoff, who represents
MiraCosta,... ...said Ottilie's letter
to Shinoff. College trustee
conduct, the...
Monday, August 27, 2007
Plague bacteria found in squirrel |
The San Diego Union-Tribune
...college's legal counsel, Daniel
Shinoff of San Diego. College... ...
Shinoff has 30 days to respond to
Page's letter. –L.S. Del Mar to...
Wednesday, July 04, 2007
SignOnSanDiego > News > North
County > Logan Jenkins -- Richart
schools us ...
...MiraCosta's attorney, Dan
Shinoff. Shinoff, the guy who'd...
Thursday, August 30, 2007
Plague bacteria found in squirrel |
The San Diego Union-Tribune
...college's legal counsel, Daniel
Shinoff of San Diego. College... ...
Shinoff has 30 days to respond to
Page's letter. –L.S. Del Mar to...
Wednesday, July 04, 2007
News > Education -- Mediator:
MiraCosta owes more to Richart
...Tuesday after attorney Daniel
Shinoff, who represents
MiraCosta,... ...said Ottilie's letter
to Shinoff. College trustee
conduct, the...
Thursday, August 23, 2007
MiraCosta's lawyers tentatively
disqualified | The San Diego
Union-Tribune
...the college, Stutz Artiano
Shinoff & Holtz, disqualified
because she...
Friday, August 24, 2007
For him, Iraq's safer than biking |
The San Diego Union-Tribune
...law firm of Stutz, Artiano,
Shinoff & Holtz on March 1. She'll
run a...
Friday, January 12, 2007
School district to review
foundation ties | The San Diego
Union-Tribune
...the San Diego firm Stutz
Artiano Shinoff & Holtz argued in
a Feb. 23...
Wednesday, February 28, 2007
Ex-principal, charged with theft,
to pay district | The San Diego
Union-Tribune
...figure, Sweetwater attorney
Dan Shinoff said. “The number is
for...
Thursday, April 26, 2007
'It's a new day' for Grossmont
school board | The San Diego
Union-Tribune
...Dan Shinoff, the district's legal
counsel, said the
superintendent's...
Friday, January 12, 2007
On the move | The San Diego
Union-Tribune
...associate with Stutz, Artiano,
Shinoff & Holtz in San Diego....
Friday, January 12, 2007
MiraCosta to reply to suit by ex-
dean | The San Diego Union-
Tribune
...San Diego firm of Stutz Artiano
Shinoff & Holtz, which is...
Saturday, February 24, 2007
Parents' claim over photos is
rejected | The San Diego Union-
Tribune
...Dan Shinoff, an attorney for
the San Dieguito district, said
school...
Friday, January 12, 2007
News > Education -- MiraCosta's
lawyers tentatively disqualified
...the college, Stutz Artiano
Shinoff & Holtz, disqualified
because she...
Friday, August 24, 2007
Two days ago, Stutz
law firm said under
oath that it does not
consider Daniel
Shinoff to be a public
figure. Does Stutz not
understand the meaning
of "public figure"?
Here are the results the
San Diego Union
Tribune's online
newspaper gave on
November 10, 2007 for
keyword "Shinoff"
Grossmont board toughens
harassment policy | The San
Diego Union-Tribune
...district's legal counsel, Dan
Shinoff. When told that Urdahl...
...Shinoff's name is on a Feb. 22
summary of the harassment
allegation...
Friday, January 12, 2007
Teacher's suit vs. MiraCosta
awaits ruling | The San Diego
Union-Tribune
...law firm of Stutz, Artiano,
Shinoff & Holtz. San Diego
attorney... ...Warren complained
that Daniel Shinoff, the attorney
who Hatoff said...
Saturday, August 25, 2007
Judge reverses decision on
attorneys in MiraCosta case | The
San Diego
...the San Diego firm Stutz
Artiano Shinoff & Holtz can
continue to... ...information to
attorney Daniel Shinoff, who was
conducting a probe...
Thursday, September 06, 2007
Santana lawsuit faces more
delays | The San Diego Union-
Tribune
...we will proceed with trial," Dan
Shinoff, a lawyer for the
district,... ...Shinoff said the
district refused the offer because
it had already...
Friday, January 12, 2007
Parents of slain teens ask judge
to end suit | The San Diego Union-
Tribune
...Dan Shinoff, an attorney for
the district, said the district
agreed... ...been very difficult for
them,” Shinoff said. Michelle and
George...
Friday, January 12, 2007
Judge reverses decision on
attorneys in MiraCosta case | The
San Diego
...the San Diego firm Stutz
Artiano Shinoff & Holtz can
continue to... ...information to
attorney Daniel Shinoff, who was
conducting a probe...
Thursday, September 06, 2007
MiraCosta's odd sense of
fiduciary duty | The San Diego
Union-Tribune
...will never know,” affirmed Dan
Shinoff, the college's urbane... ...
on the billable direction of
Shinoff, ordered a blitzkrieg when
a...
Thursday, April 26, 2007
Federal lawsuit filed over land
purchased by Ramona district |
The San ...
...Dan Shinoff, who is
representing the school district
employee, said... ...have to be
guilty of something,” Shinoff
said. “It's the something...
Friday, January 12, 2007
Suit says student assaulted
classmate | The San Diego Union-
Tribune
...Daniel Shinoff, the attorney
representing Sweetwater, said
the... ...a violation of district
policy. Shinoff disputed that
claim. A...
Tuesday, January 16, 2007
Mediator: MiraCosta owes more
to Richart | The San Diego Union-
Tribune
...Tuesday after attorney Daniel
Shinoff, who represents
MiraCosta,... ...said Ottilie's letter
to Shinoff. College trustee
conduct, the...
Monday, August 27, 2007
Plague bacteria found in squirrel |
The San Diego Union-Tribune
...college's legal counsel, Daniel
Shinoff of San Diego. College... ...
Shinoff has 30 days to respond to
Page's letter. –L.S. Del Mar to...
Wednesday, July 04, 2007
SignOnSanDiego > News > North
County > Logan Jenkins -- Richart
schools us ...
...MiraCosta's attorney, Dan
Shinoff. Shinoff, the guy who'd...
Thursday, August 30, 2007
Plague bacteria found in squirrel |
The San Diego Union-Tribune
...college's legal counsel, Daniel
Shinoff of San Diego. College... ...
Shinoff has 30 days to respond to
Page's letter. –L.S. Del Mar to...
Wednesday, July 04, 2007
News > Education -- Mediator:
MiraCosta owes more to Richart
...Tuesday after attorney Daniel
Shinoff, who represents
MiraCosta,... ...said Ottilie's letter
to Shinoff. College trustee
conduct, the...
Thursday, August 23, 2007
MiraCosta's lawyers tentatively
disqualified | The San Diego
Union-Tribune
...the college, Stutz Artiano
Shinoff & Holtz, disqualified
because she...
Friday, August 24, 2007
For him, Iraq's safer than biking |
The San Diego Union-Tribune
...law firm of Stutz, Artiano,
Shinoff & Holtz on March 1. She'll
run a...
Friday, January 12, 2007
School district to review
foundation ties | The San Diego
Union-Tribune
...the San Diego firm Stutz
Artiano Shinoff & Holtz argued in
a Feb. 23...
Wednesday, February 28, 2007
Ex-principal, charged with theft,
to pay district | The San Diego
Union-Tribune
...figure, Sweetwater attorney
Dan Shinoff said. “The number is
for...
Thursday, April 26, 2007
'It's a new day' for Grossmont
school board | The San Diego
Union-Tribune
...Dan Shinoff, the district's legal
counsel, said the
superintendent's...
Friday, January 12, 2007
On the move | The San Diego
Union-Tribune
...associate with Stutz, Artiano,
Shinoff & Holtz in San Diego....
Friday, January 12, 2007
MiraCosta to reply to suit by ex-
dean | The San Diego Union-
Tribune
...San Diego firm of Stutz Artiano
Shinoff & Holtz, which is...
Saturday, February 24, 2007
Parents' claim over photos is
rejected | The San Diego Union-
Tribune
...Dan Shinoff, an attorney for
the San Dieguito district, said
school...
Friday, January 12, 2007
News > Education -- MiraCosta's
lawyers tentatively disqualified
...the college, Stutz Artiano
Shinoff & Holtz, disqualified
because she...
Friday, August 24, 2007
Here's more on the wrongful death
suit Shinoff is defending:
City of Encinitas, School
District Sued for Wrongful
Death
Editor: Randy Walton & Scott Barber
November 10, 2007
By Randy Walton
The family of a San Dieguito
Academy teenager who died after
being hit by a fellow student's car
has filed a wrongful death lawsuit in
Vista Superior Court. Named in the
lawsuit are the City of Encinitas, San
Dieguito Academy, San Dieguito
Union High School and the State
Department of Transportation. The
driver of the vehicle and his father
were also named.
The lawsuit alleges that the district
and the state knew that road
conditions in the area were
dangerous and therefore must
share in the liability.
The suit, which seeks unspecified
damages, alleges that road
conditions in the area are
dangerous and that the agencies
are partly liable for the boy's death
because they knew of the problem,
or should have known, and did
nothing about it.
The accident happened beneath the
Interstate 5 bridge that spans Santa
Fe Drive, about four blocks west of
San Dieguito Academy. Ryan was
walking with other students who
were returning to school from a
lunch break.
No sidewalks exist on the south
side of the busy road, where the
students were walking. The lawsuit
states that pedestrian access is
inadequate, and so are signs and
warning devices to keep
pedestrians safe.
The lawsuit alleges that the school
district was negligent and says the
open-campus policy at San Dieguito
Academy exposes students to the
risks of busy roads without
adequate supervision.
The victim's family is represented by
prominent San Diego attorney Craig
McClellan, who has said his case
against the school district would
focus on the negligence of it "open
campus" policy knowing of the
dangerous conditions outside the
campus.
There is apparently evidence that the
negligent driver, also a teen, was
showing off to his passenger at the
time of the accident, and deliberately
maneuvered his car in a reckless
way before losing control of his car.
Everybody in the case will obviously
be pointed at the driver as the sole
case of the accident. I think it will be
tough to get around that, but if any
lawyer in San Diego can spread the
liability around to the other
defendants it's Craig McClennan.
This will be an interesting case to
follow.
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suit Shinoff is defending:
City of Encinitas, School
District Sued for Wrongful
Death
Editor: Randy Walton & Scott Barber
November 10, 2007
By Randy Walton
The family of a San Dieguito
Academy teenager who died after
being hit by a fellow student's car
has filed a wrongful death lawsuit in
Vista Superior Court. Named in the
lawsuit are the City of Encinitas, San
Dieguito Academy, San Dieguito
Union High School and the State
Department of Transportation. The
driver of the vehicle and his father
were also named.
The lawsuit alleges that the district
and the state knew that road
conditions in the area were
dangerous and therefore must
share in the liability.
The suit, which seeks unspecified
damages, alleges that road
conditions in the area are
dangerous and that the agencies
are partly liable for the boy's death
because they knew of the problem,
or should have known, and did
nothing about it.
The accident happened beneath the
Interstate 5 bridge that spans Santa
Fe Drive, about four blocks west of
San Dieguito Academy. Ryan was
walking with other students who
were returning to school from a
lunch break.
No sidewalks exist on the south
side of the busy road, where the
students were walking. The lawsuit
states that pedestrian access is
inadequate, and so are signs and
warning devices to keep
pedestrians safe.
The lawsuit alleges that the school
district was negligent and says the
open-campus policy at San Dieguito
Academy exposes students to the
risks of busy roads without
adequate supervision.
The victim's family is represented by
prominent San Diego attorney Craig
McClellan, who has said his case
against the school district would
focus on the negligence of it "open
campus" policy knowing of the
dangerous conditions outside the
campus.
There is apparently evidence that the
negligent driver, also a teen, was
showing off to his passenger at the
time of the accident, and deliberately
maneuvered his car in a reckless
way before losing control of his car.
Everybody in the case will obviously
be pointed at the driver as the sole
case of the accident. I think it will be
tough to get around that, but if any
lawyer in San Diego can spread the
liability around to the other
defendants it's Craig McClennan.
This will be an interesting case to
follow.
Trackback Pings
TrackBack URL for this entry:
The North County Times
mentions Dan Shinoff in
this Nov. 10, 2007 article:
Mother of teen suing over
son's death
ENCINITAS -- The mother of a
San Dieguito Academy teen who
was killed when he was struck by
a fellow student's pickup truck is
suing the driver, his father and
several other entities, including
the city of Encinitas.
In her lawsuit, filed in September
in Vista Superior Court, Patricia
Hwang of Carlsbad also names
San Dieguito Academy, San
Dieguito Union High School
District and the state
Department of Transportation as
defendants...
Hwang's 14-year-old son, Ryan,
was walking along Santa Fe Drive
at about noon Jan. 31, when a
fishtailing pickup driven by a
17-year-old student struck and
killed him...
The accident happened beneath
the Interstate 5 bridge that
spans Santa Fe Drive, about four
blocks west of San Dieguito
Academy. Ryan was walking with
other students who were
returning to school from a lunch
break.
No sidewalks exist on the south
side of the busy road, where the
students were walking...
According to the lawsuit, the city
and Caltrans "knew or should
have known" about dangerous
conditions in and around the
freeway overpass...
The lawsuit alleges that the
school district was negligent and
says the open-campus policy at
San Dieguito Academy exposes
students to the risks of busy
roads without adequate
supervision.
Hwang's attorney, Craig R.
McClellan II, said his client's claim
against the school district would
focus on the negligence of
establishing an open-campus
policy in light of dangerous
conditions that exist off the
campus.
On Friday, Superintendent Peggy
Lynch said the open-campus
policy at San Dieguito Academy
has existed for years. Other high
schools in the district also allow
students in some grades to leave
campus during lunch.
San Dieguito's attorney, Dan
Shinoff, said Friday the state
Education Code permits local
school boards to adopt
open-campus policies at high
schools. The code states that
school officials must notify
parents of such policies.
"We were unable to locate any
such disclosure as having been
given to Patty (Ryan's mother),"
McClellan said...
The pickup's driver and his friend,
both 17 at the time, had left the
campus at lunch to drive to a
Costco store in Carlsbad, where
they purchased hot dogs and
sodas...
With his passenger "shouting
encouragement," the driver
purposely slid his tires and
succeeded in what he told a
deputy was "getting squirrelly."
Trying to gain control of the
sliding Nissan, the driver didn't
see Ryan until it was too late, the
deputy's report states. He tried
to brake at the last minute.
Out of control, the skidding
vehicle pinned Ryan between its
front end and a freeway column.
Ryan died within an hour of his
injuries.
Since 1993, there have been 28
collisions at the freeway
interchange, Sheriff's Sgt. Randy
Webb said Friday. The only
fatality was in the one that
involved Ryan...
mentions Dan Shinoff in
this Nov. 10, 2007 article:
Mother of teen suing over
son's death
ENCINITAS -- The mother of a
San Dieguito Academy teen who
was killed when he was struck by
a fellow student's pickup truck is
suing the driver, his father and
several other entities, including
the city of Encinitas.
In her lawsuit, filed in September
in Vista Superior Court, Patricia
Hwang of Carlsbad also names
San Dieguito Academy, San
Dieguito Union High School
District and the state
Department of Transportation as
defendants...
Hwang's 14-year-old son, Ryan,
was walking along Santa Fe Drive
at about noon Jan. 31, when a
fishtailing pickup driven by a
17-year-old student struck and
killed him...
The accident happened beneath
the Interstate 5 bridge that
spans Santa Fe Drive, about four
blocks west of San Dieguito
Academy. Ryan was walking with
other students who were
returning to school from a lunch
break.
No sidewalks exist on the south
side of the busy road, where the
students were walking...
According to the lawsuit, the city
and Caltrans "knew or should
have known" about dangerous
conditions in and around the
freeway overpass...
The lawsuit alleges that the
school district was negligent and
says the open-campus policy at
San Dieguito Academy exposes
students to the risks of busy
roads without adequate
supervision.
Hwang's attorney, Craig R.
McClellan II, said his client's claim
against the school district would
focus on the negligence of
establishing an open-campus
policy in light of dangerous
conditions that exist off the
campus.
On Friday, Superintendent Peggy
Lynch said the open-campus
policy at San Dieguito Academy
has existed for years. Other high
schools in the district also allow
students in some grades to leave
campus during lunch.
San Dieguito's attorney, Dan
Shinoff, said Friday the state
Education Code permits local
school boards to adopt
open-campus policies at high
schools. The code states that
school officials must notify
parents of such policies.
"We were unable to locate any
such disclosure as having been
given to Patty (Ryan's mother),"
McClellan said...
The pickup's driver and his friend,
both 17 at the time, had left the
campus at lunch to drive to a
Costco store in Carlsbad, where
they purchased hot dogs and
sodas...
With his passenger "shouting
encouragement," the driver
purposely slid his tires and
succeeded in what he told a
deputy was "getting squirrelly."
Trying to gain control of the
sliding Nissan, the driver didn't
see Ryan until it was too late, the
deputy's report states. He tried
to brake at the last minute.
Out of control, the skidding
vehicle pinned Ryan between its
front end and a freeway column.
Ryan died within an hour of his
injuries.
Since 1993, there have been 28
collisions at the freeway
interchange, Sheriff's Sgt. Randy
Webb said Friday. The only
fatality was in the one that
involved Ryan...
"Stutz Artiano Attorneys Recognized in San Diego Daily Transcript
Top Ten Attorneys in San Diego
"On August 7, 2005, the San Diego Daily Transcript named its Top Ten
Attorneys in San Diego. In the area of Municipal/Government Law,
Daniel Shinoff was recognized by his peers as one of the Top Ten.
Dan has been recognized in other news articles as being among the
best lawyers in San Diego, and has handled several cases that have
received national attention, including the Santana High shooting. We
are especially pleased to report that Ray Artiano and Jack Sleeth
were among those nominated by the San Diego legal community."
Downloaded 11-30-07
Top Ten Attorneys in San Diego
"On August 7, 2005, the San Diego Daily Transcript named its Top Ten
Attorneys in San Diego. In the area of Municipal/Government Law,
Daniel Shinoff was recognized by his peers as one of the Top Ten.
Dan has been recognized in other news articles as being among the
best lawyers in San Diego, and has handled several cases that have
received national attention, including the Santana High shooting. We
are especially pleased to report that Ray Artiano and Jack Sleeth
were among those nominated by the San Diego legal community."
Downloaded 11-30-07
The prize discussed above was awarded to the attorneys that got
other attorneys to send in nominations and votes for them.
Most of the highest-paid attorneys in San Diego were not mentioned
at all in the "election." They didn't need this recognition. They didn't
value it enough to get involved. Dan Shinoff didn't get this award by
trying to avoid the public spotlight.
other attorneys to send in nominations and votes for them.
Most of the highest-paid attorneys in San Diego were not mentioned
at all in the "election." They didn't need this recognition. They didn't
value it enough to get involved. Dan Shinoff didn't get this award by
trying to avoid the public spotlight.
"Shinoff and Abed
Successfully Defend FEHA
Discrimination and
Interactive Process Suit
"Daniel Shinoff and Gil
Abed successfully
defended a lawsuit in
Imperial County
entitled Rodriguez v.
McCabe Union School
District. Plaintiff
alleged discrimination
under FEHA and a
failure to engage in the
interactive process
case. The key issue that
Shinoff and Abed
litigated was whether
there is a requirement
to engage in the
interactive process
while an employee is on
leave and has not been
released back to work.
Shinoff and Abed also
successfully argued
that the elimination of
the Plaintiff's position
due to lack of funds,
while Plaintiff was on
leave, was not pretext.
The trial duration was
one week and resulted
in a defense verdict."
Successfully Defend FEHA
Discrimination and
Interactive Process Suit
"Daniel Shinoff and Gil
Abed successfully
defended a lawsuit in
Imperial County
entitled Rodriguez v.
McCabe Union School
District. Plaintiff
alleged discrimination
under FEHA and a
failure to engage in the
interactive process
case. The key issue that
Shinoff and Abed
litigated was whether
there is a requirement
to engage in the
interactive process
while an employee is on
leave and has not been
released back to work.
Shinoff and Abed also
successfully argued
that the elimination of
the Plaintiff's position
due to lack of funds,
while Plaintiff was on
leave, was not pretext.
The trial duration was
one week and resulted
in a defense verdict."
Stutz law firm's website boasts:
Stutz law firm's own words indicate that Ray Artiano was
misrepresenting the facts when he claimed (under oath) that
Dan Shinoff is not a public figure.
misrepresenting the facts when he claimed (under oath) that
Dan Shinoff is not a public figure.
Daniel R. Shinoff
Shareholder
Education, Employment,
Public Entity, General Tort
Litigation
San Diego
Education
Western State University,
J.D., 1981
University of Manitoba,
1978
Daniel R. Shinoff focuses
on the defense of public
entities in the area of
general tort practice with
a focus on employment
claims. He has extensive
trial experience in the
representation of clients
in a variety of matters
including general
negligence, dangerous
conditions, discrimination,
wrongful termination,
sexual harassment and
civil rights issues. Mr.
Shinoff also has
substantial experience in
advisory and litigation
work concerning the
Brown Act and the
California Public Records
Act. Admitted to the
California and Federal
bars in 1981, Mr. Shinoff
is also a member of the
United States Supreme
Court Bar.
Mr. Shinoff has worked
with San Diego County
Office of Education Joint
Powers Authority (JPA)
since 1982 in defense of
numerous cases
representing school
districts within San Diego
and Imperial counties. He
routinely counsels
school boards, and
school and community
college districts
regarding all aspects of
school law.
Recognized as a leading
authority in school district
defense and litigation, Mr.
Shinoff is a frequent
lecturer in continuing
education and personnel
training. His seminars
have included topics on
special education,
employment
discrimination, sexual
harassment and the
Americans with
Disabilities Act.
Bar Admissions
California
United States Supreme
Court
Honors/Affiliations
Member, San Diego
County Bar Association
Member, Association of
Southern California
Defense Counsel
Member, San Diego
Defense Lawyers
Association
Member, United States
Supreme Court Bar
Association
Member, North County
Bar Association
downloaded 11-30-07
Shareholder
Education, Employment,
Public Entity, General Tort
Litigation
San Diego
Education
Western State University,
J.D., 1981
University of Manitoba,
1978
Daniel R. Shinoff focuses
on the defense of public
entities in the area of
general tort practice with
a focus on employment
claims. He has extensive
trial experience in the
representation of clients
in a variety of matters
including general
negligence, dangerous
conditions, discrimination,
wrongful termination,
sexual harassment and
civil rights issues. Mr.
Shinoff also has
substantial experience in
advisory and litigation
work concerning the
Brown Act and the
California Public Records
Act. Admitted to the
California and Federal
bars in 1981, Mr. Shinoff
is also a member of the
United States Supreme
Court Bar.
Mr. Shinoff has worked
with San Diego County
Office of Education Joint
Powers Authority (JPA)
since 1982 in defense of
numerous cases
representing school
districts within San Diego
and Imperial counties. He
routinely counsels
school boards, and
school and community
college districts
regarding all aspects of
school law.
Recognized as a leading
authority in school district
defense and litigation, Mr.
Shinoff is a frequent
lecturer in continuing
education and personnel
training. His seminars
have included topics on
special education,
employment
discrimination, sexual
harassment and the
Americans with
Disabilities Act.
Bar Admissions
California
United States Supreme
Court
Honors/Affiliations
Member, San Diego
County Bar Association
Member, Association of
Southern California
Defense Counsel
Member, San Diego
Defense Lawyers
Association
Member, United States
Supreme Court Bar
Association
Member, North County
Bar Association
downloaded 11-30-07
Shinoff, Sleeth and
Carelli Successfully
Defend Brown Act
Violation Suit in Fourth
Appellate District Court
Dan Shinoff, Jack Sleeth
and Paul Carelli
successfully defended an
appeal of a trial court ruling
denying Plaintiff's petition
for writ of mandate. The
Plaintiff sought a
declaration that the Board
of Trustees of a school
district violated the Brown
Act by meeting in closed
session and deciding not to
renew her term as an
Assistant Superintendent.
The Court held that the
closed session matter was
not based on complaints or
charges against the
Assistant Superintendent
under Government Code
section 54957(b)(2).
Instead, the school board's
decision to reelect or
nonreelect necessarily
involved the evaluation of
performance, which
Government Code section
54957 permits in closed
session. The Plaintiff's
petition for writ of mandate
was denied by the trial
court and affirmed by the
Appellate court.
Carelli Successfully
Defend Brown Act
Violation Suit in Fourth
Appellate District Court
Dan Shinoff, Jack Sleeth
and Paul Carelli
successfully defended an
appeal of a trial court ruling
denying Plaintiff's petition
for writ of mandate. The
Plaintiff sought a
declaration that the Board
of Trustees of a school
district violated the Brown
Act by meeting in closed
session and deciding not to
renew her term as an
Assistant Superintendent.
The Court held that the
closed session matter was
not based on complaints or
charges against the
Assistant Superintendent
under Government Code
section 54957(b)(2).
Instead, the school board's
decision to reelect or
nonreelect necessarily
involved the evaluation of
performance, which
Government Code section
54957 permits in closed
session. The Plaintiff's
petition for writ of mandate
was denied by the trial
court and affirmed by the
Appellate court.
Dan Shinoff has
succeeded in his
obvious attempts
to shine a public
spotlight on
himself:
succeeded in his
obvious attempts
to shine a public
spotlight on
himself:
Here's what's on the home
page for
www.stutzartiano.com on
11-30-07:
Kostic and Wallace
Nominated for 2007
Best Young Attorneys
Award
Artiano and Kostic Defeat
Interference with
Constitutional Right to
Free Speech and False
Arrest Case.
Shinoff, Sleeth and
Carelli Successfully
Defend Brown Act
Violation Suit in Fourth
Appellate District Court
page for
www.stutzartiano.com on
11-30-07:
Kostic and Wallace
Nominated for 2007
Best Young Attorneys
Award
Artiano and Kostic Defeat
Interference with
Constitutional Right to
Free Speech and False
Arrest Case.
Shinoff, Sleeth and
Carelli Successfully
Defend Brown Act
Violation Suit in Fourth
Appellate District Court
"News" from
the Stutz
website:
the Stutz
website:
In April 2003, Dan Shinoff agreed to a lengthy interview by
the North County Times, resulting in the following story.
This article certainly makes Daniel Shinoff sound like a
public figure.
Below are some highlights of the article:
the North County Times, resulting in the following story.
This article certainly makes Daniel Shinoff sound like a
public figure.
Below are some highlights of the article:
Daniel Shinoff appeared on the front page of the
North County Times in 2003.
North County Times in 2003.
The Daily Transcript yearly best-lawyer prize isn't meaningful as a
gauge of a barrister's competence. It is not determined by asking
judges or lawyers to rate lawyers, as is the San Diego Magazine's list of
best lawyers and doctors. The votes are all mail-in for the Daily
Transcript. Stutz law firm seems to be over-represented in the results,
possibly because the partners campaign heavily both within the firm and
outside it.
This isn't a prize for Bashful Brunos. It's a prize for climbers and
schmoozers.
It's a prize for someone who wants to be a public figure, and has gained
that status by winning.
Daniel Shinoff achieved his goal in 2005.
gauge of a barrister's competence. It is not determined by asking
judges or lawyers to rate lawyers, as is the San Diego Magazine's list of
best lawyers and doctors. The votes are all mail-in for the Daily
Transcript. Stutz law firm seems to be over-represented in the results,
possibly because the partners campaign heavily both within the firm and
outside it.
This isn't a prize for Bashful Brunos. It's a prize for climbers and
schmoozers.
It's a prize for someone who wants to be a public figure, and has gained
that status by winning.
Daniel Shinoff achieved his goal in 2005.
North County Times
http://www.nctimes.com/
Most Commented-On Stories This Week
• Letters to the Editor - 11/16/2007 (165)
• Garrard returns to form as Jaguars beat
Chargers 24-17 (83)
• Letters to the Editor - 11/20/2007 (79)
• Bilbray bill proposes stricter immigration
enforcement (72)
• Letters to the Editor - 11/19/2007 (67)
• Fewer illegal immigrants expected to return
home for holidays (67)
• Union files complaint in firing of RBV
coach (65)
• Letters to the Editor - 11/21/2007 (58)
• Parents upset about firing of Vista coach
(56)
• Coastal Commission approves Carlsbad
desal plant (52)
• Letters to the Editor - 11/23/2007 (51)
• Former friend: Boy in shooting angry; desert
teen says he immediately thought 'Matt did it' (49)
• Water shortages on the horizon (40)
• 'Pendleton 8' documentary in production (39)
• Merriman backs off critical remarks (39)
• Letters to the Editor - 11/22/2007 (36)
• Issa criticizes state fire report (35)
• Casino deals head to voters (32)
• Letters to the Editor - 11/17/07 (30)
• Fletes' case is discussed (29)
• Bulldozer scar follows fire (28)
• Fires leaves poor families with ashes (27)
• OPD drug sweep nets one arrest (26)
• Work starts on new Carlsbad airline terminal
(26)
• Lawsuit targets police, school district (25)
But this most-commented-on story did
not turn up in a search!
http://www.nctimes.com/
Most Commented-On Stories This Week
• Letters to the Editor - 11/16/2007 (165)
• Garrard returns to form as Jaguars beat
Chargers 24-17 (83)
• Letters to the Editor - 11/20/2007 (79)
• Bilbray bill proposes stricter immigration
enforcement (72)
• Letters to the Editor - 11/19/2007 (67)
• Fewer illegal immigrants expected to return
home for holidays (67)
• Union files complaint in firing of RBV
coach (65)
• Letters to the Editor - 11/21/2007 (58)
• Parents upset about firing of Vista coach
(56)
• Coastal Commission approves Carlsbad
desal plant (52)
• Letters to the Editor - 11/23/2007 (51)
• Former friend: Boy in shooting angry; desert
teen says he immediately thought 'Matt did it' (49)
• Water shortages on the horizon (40)
• 'Pendleton 8' documentary in production (39)
• Merriman backs off critical remarks (39)
• Letters to the Editor - 11/22/2007 (36)
• Issa criticizes state fire report (35)
• Casino deals head to voters (32)
• Letters to the Editor - 11/17/07 (30)
• Fletes' case is discussed (29)
• Bulldozer scar follows fire (28)
• Fires leaves poor families with ashes (27)
• OPD drug sweep nets one arrest (26)
• Work starts on new Carlsbad airline terminal
(26)
• Lawsuit targets police, school district (25)
But this most-commented-on story did
not turn up in a search!
San Diego Attorney Daniel Shinoff: Not a public
figure?
Of course he is. He's a limited purpose public figure.
figure?
Of course he is. He's a limited purpose public figure.
Limited purpose
public figure
public figure
California Appellate Report
by Shaun Martin
Wednesday, August 15, 2007
McGarry v. University of San Diego
(Cal. Ct. App. - Aug. 15, 2007)
I've got tenure. Thankfully.
As a result, at least in theory, I could
take serious issue with this opinion
by Justice McDonald. So I could
strenuously argue that the University
of San Diego and my present boss,
Mary Lyons (the president of USD),
should properly be subjected to a
lawsuit for defamation by Kevin
McGarry, the former longtime football
coach for USD before he was fired in
2003. And, at least in theory, I would
suffer no adverse consequences
whatsoever for my statement that my
boss and employer should be
seriously punished for their
misconduct.
But I ain't gonna test the waters.
Because, fortunately, I think that
Justice McDonald is correct in this
one. McGarry's lawsuit was properly
dismissed on an anti-SLAPP motion
because while we know (from the
newspaper) that someone at USD
uttered allegedly defamatory
statements about McGarry, the Shield
Law precluded McGarry from
discovering their identity from the
newspaper. And an anti-SLAPP
motion was proper because McGarry
was a limited purpose public figure
and the alleged defamation arose
from protected conduct.
So USD, and President Lyons, wins.
And recover their costs and attorney's
fees on appeal.
All of which, I might respectfully
suggest, could easily be allocated
towards merit raises on behalf of
diligently blogging legal scholars at
the University of San Diego School of
Law.
- posted by Shaun Martin @ 12:49
PM
as retrieved on Mar 30, 2008
by Shaun Martin
Wednesday, August 15, 2007
McGarry v. University of San Diego
(Cal. Ct. App. - Aug. 15, 2007)
I've got tenure. Thankfully.
As a result, at least in theory, I could
take serious issue with this opinion
by Justice McDonald. So I could
strenuously argue that the University
of San Diego and my present boss,
Mary Lyons (the president of USD),
should properly be subjected to a
lawsuit for defamation by Kevin
McGarry, the former longtime football
coach for USD before he was fired in
2003. And, at least in theory, I would
suffer no adverse consequences
whatsoever for my statement that my
boss and employer should be
seriously punished for their
misconduct.
But I ain't gonna test the waters.
Because, fortunately, I think that
Justice McDonald is correct in this
one. McGarry's lawsuit was properly
dismissed on an anti-SLAPP motion
because while we know (from the
newspaper) that someone at USD
uttered allegedly defamatory
statements about McGarry, the Shield
Law precluded McGarry from
discovering their identity from the
newspaper. And an anti-SLAPP
motion was proper because McGarry
was a limited purpose public figure
and the alleged defamation arose
from protected conduct.
So USD, and President Lyons, wins.
And recover their costs and attorney's
fees on appeal.
All of which, I might respectfully
suggest, could easily be allocated
towards merit raises on behalf of
diligently blogging legal scholars at
the University of San Diego School of
Law.
- posted by Shaun Martin @ 12:49
PM
as retrieved on Mar 30, 2008
OCEANSIDE: Charter school continues fight to stay
open
By STACY BRANDT
North County Times
June 24, 2008
OCEANSIDE ---- The five-year struggle to stay open continued Tuesday for
the School of Business and Technology, as Oceanside Unified School
District trustees postponed for the second time a vote to extend the
school's charter...
The charter will officially lapse after June 30 and the school would
technically cease to exist, said Dan Shinoff, a lawyer representing the
district. However, this won't have any real effect if the board decides to
renew the charter at its next meeting, he said Tuesday...
open
By STACY BRANDT
North County Times
June 24, 2008
OCEANSIDE ---- The five-year struggle to stay open continued Tuesday for
the School of Business and Technology, as Oceanside Unified School
District trustees postponed for the second time a vote to extend the
school's charter...
The charter will officially lapse after June 30 and the school would
technically cease to exist, said Dan Shinoff, a lawyer representing the
district. However, this won't have any real effect if the board decides to
renew the charter at its next meeting, he said Tuesday...
Public figure for
defamation purposes
defamation purposes
July 2007
Former USD football coach
Kevin McGarry has no
likelihood of success in his
defamation lawsuit against two
officials at the University of San
Diego, says California Court of
Appeal. However, McGarry's
wrongful termination lawsuit for
his 2003 dismissal by the
University of San Diego will
continue.
Two Union-Tribune reporters
who published negative
statements about McGarry
refused to testify on McGarry's
behalf, claiming that they were
protected from testifying by the
Shield Law.
According to a story by Brent
Schrotenboer in the July 18,
2007 San Diego Union
Tribune, McGarry told the
Union-Tribune that USD “had
no reason (to fire him), so they
made stuff up, and you guys
printed it.”
Former USD football coach
Kevin McGarry has no
likelihood of success in his
defamation lawsuit against two
officials at the University of San
Diego, says California Court of
Appeal. However, McGarry's
wrongful termination lawsuit for
his 2003 dismissal by the
University of San Diego will
continue.
Two Union-Tribune reporters
who published negative
statements about McGarry
refused to testify on McGarry's
behalf, claiming that they were
protected from testifying by the
Shield Law.
According to a story by Brent
Schrotenboer in the July 18,
2007 San Diego Union
Tribune, McGarry told the
Union-Tribune that USD “had
no reason (to fire him), so they
made stuff up, and you guys
printed it.”
On Nov. 9, 2007 Ray Artiano of Stutz law firm said that he does not consider
Daniel Shinoff to be a public figure. So what is Daniel Shinoff? Certainly he has
frequently been quoted in the media. Since he filed suit for defamation regarding
this website, however, he's been mentioned less frequently. He's sometimes
referred to as "the school district's lawyer" rather than by name.
North County Times Erases Shinoff Story
The North County Times has compromised its journalistic integrity on Dan
Shinoff's behalf. In 2009 the NCT removed this story about Shinoff from its
archives.
Daniel Shinoff to be a public figure. So what is Daniel Shinoff? Certainly he has
frequently been quoted in the media. Since he filed suit for defamation regarding
this website, however, he's been mentioned less frequently. He's sometimes
referred to as "the school district's lawyer" rather than by name.
North County Times Erases Shinoff Story
The North County Times has compromised its journalistic integrity on Dan
Shinoff's behalf. In 2009 the NCT removed this story about Shinoff from its
archives.
Nov. 2008: Dan Shinoff commits
defamation against Helix Charter
High School according to La Mesa
police...OR...Shionff knew of 2
crimes against children and didn't
report them to police.
This story
See all posts re Helix High
defamation against Helix Charter
High School according to La Mesa
police...OR...Shionff knew of 2
crimes against children and didn't
report them to police.
This story
See all posts re Helix High
No resolution in school board health insurance
controversy
North County Times
By: TOM PFINGSTEN
November 27, 2006
FALLBROOK --
Droves of local residents and educators attended a Fallbrook Union High School
District board meeting Monday night, where outgoing trustee Jim Hutcherson
announced that he would decide later whether to accept a controversial extended
health insurance package available only to longtime trustees who meet certain criteria.
District bylaws say a trustee who has served for at least 12 years, and whose first term
began between 1981 and 1994, can receive extended health insurance benefits until
he or she becomes eligible for Medicare or Medicaid. Hutcherson, 59, served on the
board for 16 years, before losing his bid for a fifth term in the Nov. 7 election.
However, the possibility that he may claim the extended health benefit has angered
district teachers and others in the community.
About 150 people attended Monday's meeting, where the board was expected to
discuss the issue. Shortly after the meeting started, however, Hutcherson said he had
determined board action was not required for him to receive the benefits for at least the
next six years.
"I am statutorily entitled to these benefits," Hutcherson said, drawing a cry from the
audience. "My choice will be made in the months to come."
The district's attorney, Dan Shinoff, said he agreed with Hutcherson's assessment.
"It's a self-executing policy, and there's no other action that's needed, in my
opinion," said Shinoff. "Case law and attorney general opinion indicate that it's a
vested right."
Monday night's meeting was the last for Hutcherson and Fran White, both of whom lost
re-election bids on Nov. 7. White, who was absent from the meeting, is not eligible for
the extended benefits, nor is Trustee Ed Puett, whose term ends next month.
Critics say the issue is not whether Hutcherson is entitled to those benefits, but
whether it is appropriate for him to accept them. Some said the idea is
"unconscionable," "unethical," and "a gross misuse of public funds."
Many pointed out that Hutcherson is an employee of the Bonsall Union School District,
which provides health insurance for him and the rest of its teachers.
Others criticized Hutcherson because he has not recused himself from the
discussions or votes pertaining to his benefits package.
Hutcherson, 59, has served on the high school board since 1990...
The board bylaw concerning the extended health benefit for longtime trustees was
adopted in 1995. Two weeks ago, Hutcherson said that to his knowledge, he is the only
Fallbrook High School trustee who has ever been eligible for the benefits.
Nearly 20 people at Monday's meeting urged him to turn the benefit down, at a time
when the district seems to be financially strapped.
"If I were Mr. Hutcherson, I would be ashamed to even have this item on the table," said
Connie O'Connor, a retired Fallbrook High School teacher, pointing out that teachers
pay a portion of their own insurance benefits.
Maurice Bernier, who used to be on the high school board but now serves on the
town's elementary school district board, was one of many who called on Hutcherson to
decline the offer.
"As a member of the high school board, I turned down health insurance benefits ...
because I felt it would be a drain on the community," said Bernier. "I'm sorry to see this
come before us."
Countering Shinoff's statement that state law supports Hutcherson's entitlement to
extended benefits, Bernier pointed out that board bylaws can be changed, and
hinted that the board should do so in this situation to avoid further turmoil.
Bill O'Connor, one of three new board members who will be sworn in on Dec. 11,
questioned the idea that the board has no further say in whether Hutcherson
receives extended health insurance from the district.
"If it's up to you to make the decision, and not the board, why was it on the agenda (to
be voted upon) during the last meeting, and this one?" O'Connor asked.
Carolyn Major, a local resident who volunteers on the Fallbrook Planning Group, told
Hutcherson that she feels the spirit of the 1995 bylaw is no longer valid.
"Our school cannot afford to impose this old bylaw, and I would hope, sir, that you have
the courage and vision to not allow yourself this benefit," she said.
It was unclear whether the issue will come before the school board again, or whether
the board will be required to report Hutcherson's decision.
[Maura Larkins' comment: I think I can guess what Hutcherson will decide. If he's
silent, it will mean that he took the benefits. If he gives them up, he'll probably
announce it.]
COMMENT
Tracy wrote on Nov 28, 2006 6:31 AM:
The benefit was not properly stated by the newspaper reporter. The extended
benefits for Mr. Hutcherson could be 'LIFETIME' - not just until the age of 65. The
Board Policy clearly states that the board MAY PROVIDE A LESSER BENEFIT. The
board has the authority to vote on this proposed remuneration. Legal Council is
ignoring this fact - Council whose fee is being paid by the district !
controversy
North County Times
By: TOM PFINGSTEN
November 27, 2006
FALLBROOK --
Droves of local residents and educators attended a Fallbrook Union High School
District board meeting Monday night, where outgoing trustee Jim Hutcherson
announced that he would decide later whether to accept a controversial extended
health insurance package available only to longtime trustees who meet certain criteria.
District bylaws say a trustee who has served for at least 12 years, and whose first term
began between 1981 and 1994, can receive extended health insurance benefits until
he or she becomes eligible for Medicare or Medicaid. Hutcherson, 59, served on the
board for 16 years, before losing his bid for a fifth term in the Nov. 7 election.
However, the possibility that he may claim the extended health benefit has angered
district teachers and others in the community.
About 150 people attended Monday's meeting, where the board was expected to
discuss the issue. Shortly after the meeting started, however, Hutcherson said he had
determined board action was not required for him to receive the benefits for at least the
next six years.
"I am statutorily entitled to these benefits," Hutcherson said, drawing a cry from the
audience. "My choice will be made in the months to come."
The district's attorney, Dan Shinoff, said he agreed with Hutcherson's assessment.
"It's a self-executing policy, and there's no other action that's needed, in my
opinion," said Shinoff. "Case law and attorney general opinion indicate that it's a
vested right."
Monday night's meeting was the last for Hutcherson and Fran White, both of whom lost
re-election bids on Nov. 7. White, who was absent from the meeting, is not eligible for
the extended benefits, nor is Trustee Ed Puett, whose term ends next month.
Critics say the issue is not whether Hutcherson is entitled to those benefits, but
whether it is appropriate for him to accept them. Some said the idea is
"unconscionable," "unethical," and "a gross misuse of public funds."
Many pointed out that Hutcherson is an employee of the Bonsall Union School District,
which provides health insurance for him and the rest of its teachers.
Others criticized Hutcherson because he has not recused himself from the
discussions or votes pertaining to his benefits package.
Hutcherson, 59, has served on the high school board since 1990...
The board bylaw concerning the extended health benefit for longtime trustees was
adopted in 1995. Two weeks ago, Hutcherson said that to his knowledge, he is the only
Fallbrook High School trustee who has ever been eligible for the benefits.
Nearly 20 people at Monday's meeting urged him to turn the benefit down, at a time
when the district seems to be financially strapped.
"If I were Mr. Hutcherson, I would be ashamed to even have this item on the table," said
Connie O'Connor, a retired Fallbrook High School teacher, pointing out that teachers
pay a portion of their own insurance benefits.
Maurice Bernier, who used to be on the high school board but now serves on the
town's elementary school district board, was one of many who called on Hutcherson to
decline the offer.
"As a member of the high school board, I turned down health insurance benefits ...
because I felt it would be a drain on the community," said Bernier. "I'm sorry to see this
come before us."
Countering Shinoff's statement that state law supports Hutcherson's entitlement to
extended benefits, Bernier pointed out that board bylaws can be changed, and
hinted that the board should do so in this situation to avoid further turmoil.
Bill O'Connor, one of three new board members who will be sworn in on Dec. 11,
questioned the idea that the board has no further say in whether Hutcherson
receives extended health insurance from the district.
"If it's up to you to make the decision, and not the board, why was it on the agenda (to
be voted upon) during the last meeting, and this one?" O'Connor asked.
Carolyn Major, a local resident who volunteers on the Fallbrook Planning Group, told
Hutcherson that she feels the spirit of the 1995 bylaw is no longer valid.
"Our school cannot afford to impose this old bylaw, and I would hope, sir, that you have
the courage and vision to not allow yourself this benefit," she said.
It was unclear whether the issue will come before the school board again, or whether
the board will be required to report Hutcherson's decision.
[Maura Larkins' comment: I think I can guess what Hutcherson will decide. If he's
silent, it will mean that he took the benefits. If he gives them up, he'll probably
announce it.]
COMMENT
Tracy wrote on Nov 28, 2006 6:31 AM:
The benefit was not properly stated by the newspaper reporter. The extended
benefits for Mr. Hutcherson could be 'LIFETIME' - not just until the age of 65. The
Board Policy clearly states that the board MAY PROVIDE A LESSER BENEFIT. The
board has the authority to vote on this proposed remuneration. Legal Council is
ignoring this fact - Council whose fee is being paid by the district !
| Stutz Defamation suit |
| Depositions Deposition of Ray Artiano p 1-30 Deposition of Ray Artiano p 30-40 Deposition of Ray Artiano p 40-58 Deposition of Maura Larkins Notice of Dan Shinoff Deposition |
| Defamation Law |
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| Subpoenas Sheriff of Santa Barbara Diane Crosier |
VOICE OF SAN DIEGO:
The Schoolhouse Lawyer
Who Helped Hire His
Overseer
The Schoolhouse Lawyer
Who Helped Hire His
Overseer
Daniel Shinoff
University of Manitoba
Winnipeg
Canada
University of Manitoba
Winnipeg
Canada
SDUT Suddenly Goes Back to Treating Daniel
Shinoff like a Public Figure
Since Stutz filed a defamation lawsuit against this website in
October 2007, the San Diego Union Tribune stopped mentioning
Dan Shinoff's name. It would seem the paper was trying to give
support to the idea that Shinoff is not a public figure. The reason
given by a reporter for the paper is that the editors "don't want to
give Shinoff so much attention."
However, within a few days of the May 2009 transfer of ownership of
the paper to Platinum Equity, Daniel Shinoff's name suddenly
appeared again.
Eminent domain suit vs. Ramona schools
revived
Landowner wins appeals ruling
By Greg Moran
San Diego Union Tribune
May 15, 2009
FEDERAL COURT — A federal appeals court has revived a lawsuit by a
woman who alleged that if key evidence had not been hidden from her in an
eminent domain case, the Ramona school district would have had to pay
more for her 52-acre property.
The unanimous opinion by a three-judge panel of the 9th U.S. Circuit Court
of Appeals was a victory for Joan Kearney, who has been battling the
school district in state and federal courts over the land since 2002.
Her lawsuit was against Daniel Shinoff's client (a business manager for the
Ramona Unified School District), the law firm the district hired to handle the
land purchase and two of its lawyers. Kearney said a test showed the land
could support more development – and therefore was more valuable – but
the results were never disclosed when the dispute went to trial in San Diego
Superior Court in 2002.
When she later took the case to federal court, U.S. District Judge M. James
Lorenz in San Diego dismissed it. However, the three-judge appellate panel
concluded Tuesday that Lorenz used the wrong legal standard in throwing
out the case...
Jill Sullivan, a lawyer for Kearney, said the lawsuit is a “David and Goliath”
case pitting a landowner against a large law firm and the government...
Daniel Shinoff, the lawyer for the school district official, said it was a
procedural setback and more fact-finding on the veracity of the claims will
have to take place.
[Maura Larkins' note: It has been quite a while since the SDUT mentioned
Daniel Shinoff in its pages. It seems that Daniel Shinoff has suddenly
become a public figure once again.]
...after the trial, Kearney got an anonymous tip that the school district had
not told her about the test, which measured how well effluent flowing from
septic tanks will sink into the soil...Kearney contended the tests showed the
land could support more homes and a fair price would be $1.4 million...
Shinoff like a Public Figure
Since Stutz filed a defamation lawsuit against this website in
October 2007, the San Diego Union Tribune stopped mentioning
Dan Shinoff's name. It would seem the paper was trying to give
support to the idea that Shinoff is not a public figure. The reason
given by a reporter for the paper is that the editors "don't want to
give Shinoff so much attention."
However, within a few days of the May 2009 transfer of ownership of
the paper to Platinum Equity, Daniel Shinoff's name suddenly
appeared again.
Eminent domain suit vs. Ramona schools
revived
Landowner wins appeals ruling
By Greg Moran
San Diego Union Tribune
May 15, 2009
FEDERAL COURT — A federal appeals court has revived a lawsuit by a
woman who alleged that if key evidence had not been hidden from her in an
eminent domain case, the Ramona school district would have had to pay
more for her 52-acre property.
The unanimous opinion by a three-judge panel of the 9th U.S. Circuit Court
of Appeals was a victory for Joan Kearney, who has been battling the
school district in state and federal courts over the land since 2002.
Her lawsuit was against Daniel Shinoff's client (a business manager for the
Ramona Unified School District), the law firm the district hired to handle the
land purchase and two of its lawyers. Kearney said a test showed the land
could support more development – and therefore was more valuable – but
the results were never disclosed when the dispute went to trial in San Diego
Superior Court in 2002.
When she later took the case to federal court, U.S. District Judge M. James
Lorenz in San Diego dismissed it. However, the three-judge appellate panel
concluded Tuesday that Lorenz used the wrong legal standard in throwing
out the case...
Jill Sullivan, a lawyer for Kearney, said the lawsuit is a “David and Goliath”
case pitting a landowner against a large law firm and the government...
Daniel Shinoff, the lawyer for the school district official, said it was a
procedural setback and more fact-finding on the veracity of the claims will
have to take place.
[Maura Larkins' note: It has been quite a while since the SDUT mentioned
Daniel Shinoff in its pages. It seems that Daniel Shinoff has suddenly
become a public figure once again.]
...after the trial, Kearney got an anonymous tip that the school district had
not told her about the test, which measured how well effluent flowing from
septic tanks will sink into the soil...Kearney contended the tests showed the
land could support more homes and a fair price would be $1.4 million...
Dan Shinoff must have been caught off guard when he
commented for May 15, 2009 story
Shinoff had nothing to say for this follow-up story. That story
indicates that Shinoff advised the school:
District's apology to student is ACLU goal
Openly gay figure was topic of report
By Greg Moran
San Diego Union-Tribune
May 22, 2009
RAMONA — On the day the city of San Diego set aside to formally recognize slain
politician and gay-rights advocate Harvey Milk, the controversy over a Ramona sixth-grade
student's report on him remains.
The American Civil Liberties Union of San Diego & Imperial Counties wants the Ramona
Unified School District to apologize to the student, 12-year-old Natalie Jones. School
officials told the girl she could present her report only to classmates who had permission
from their parents, a condition that the ACLU sees as a free-speech violation.
David Blair-Loy, legal director for the ACLU in San Diego, said district Superintendent
Robert Graeff called him late Wednesday in response to a letter Blair-Loy had sent
outlining the problem and threatening a lawsuit.
“He expressed interest in resolving the case and asked me to get in touch with their
lawyer,” Blair-Loy said.
The district's lawyer, Daniel Shinoff, didn't respond to an interview
request...
School board President Rodger Dohm said he had spoken to Graeff after
hearing reports about the controversy and told him to consult with
Shinoff...
Ramona Unified's decision caught one other school district by surprise.
Steve Lombard, a spokesman for the Oceanside Unified School District, said the district
has no policy that would restrict a student from giving a presentation about a historical
figure such as Milk.
“I was a little shocked when I read it, actually,” Lombard said.
The Grossmont Union High School District, known for its conservative policies, declined
to comment on the Ramona district case.
Milk, elected to the San Francisco Board of Supervisors in 1977, was shot to death in
1978 by Dan White, who had resigned his position as a supervisor but wanted the job
back.
Milk's life was chronicled in an award-winning film last year. That spurred a bill now
making its way through the Legislature that would declare May 22 Harvey Milk Day. A state
Senate committee passed the bill this month.
The bill encourages public schools to conduct “suitable commemorative exercises” on
that day.
The city of San Diego already took that step. On Tuesday, the City Council declared that
today would be Harvey Milk Day in the city. It also voiced support for the bill in the
Legislature.
Staff writers Bruce Lieberman and Leonel Sanchez contributed to this report.
commented for May 15, 2009 story
Shinoff had nothing to say for this follow-up story. That story
indicates that Shinoff advised the school:
District's apology to student is ACLU goal
Openly gay figure was topic of report
By Greg Moran
San Diego Union-Tribune
May 22, 2009
RAMONA — On the day the city of San Diego set aside to formally recognize slain
politician and gay-rights advocate Harvey Milk, the controversy over a Ramona sixth-grade
student's report on him remains.
The American Civil Liberties Union of San Diego & Imperial Counties wants the Ramona
Unified School District to apologize to the student, 12-year-old Natalie Jones. School
officials told the girl she could present her report only to classmates who had permission
from their parents, a condition that the ACLU sees as a free-speech violation.
David Blair-Loy, legal director for the ACLU in San Diego, said district Superintendent
Robert Graeff called him late Wednesday in response to a letter Blair-Loy had sent
outlining the problem and threatening a lawsuit.
“He expressed interest in resolving the case and asked me to get in touch with their
lawyer,” Blair-Loy said.
The district's lawyer, Daniel Shinoff, didn't respond to an interview
request...
School board President Rodger Dohm said he had spoken to Graeff after
hearing reports about the controversy and told him to consult with
Shinoff...
Ramona Unified's decision caught one other school district by surprise.
Steve Lombard, a spokesman for the Oceanside Unified School District, said the district
has no policy that would restrict a student from giving a presentation about a historical
figure such as Milk.
“I was a little shocked when I read it, actually,” Lombard said.
The Grossmont Union High School District, known for its conservative policies, declined
to comment on the Ramona district case.
Milk, elected to the San Francisco Board of Supervisors in 1977, was shot to death in
1978 by Dan White, who had resigned his position as a supervisor but wanted the job
back.
Milk's life was chronicled in an award-winning film last year. That spurred a bill now
making its way through the Legislature that would declare May 22 Harvey Milk Day. A state
Senate committee passed the bill this month.
The bill encourages public schools to conduct “suitable commemorative exercises” on
that day.
The city of San Diego already took that step. On Tuesday, the City Council declared that
today would be Harvey Milk Day in the city. It also voiced support for the bill in the
Legislature.
Staff writers Bruce Lieberman and Leonel Sanchez contributed to this report.
News
Shinoff and Church Win
Harassment and Retaliation
Case
May 17, 2009
Partner Daniel Shinoff
and Ryan Church,
Associate, successfully
defended a petition for writ
of mandate and a civil suit
against their District client.
Petitioner/Plaintiff
Roxanne Stanley filed a
petition for writ of mandate
challenging the District’s
decision to discipline her in
2007. Shinoff and Church
represented the District in
that matter and prevailed.
Stanley then filed a civil suit
alleging, among other
things, sexual
harassment, retaliation,
and constructive
termination. After a five
day trial, the jury returned
with a defense verdict on
all claims.
Shinoff and Church Win
Harassment and Retaliation
Case
May 17, 2009
Partner Daniel Shinoff
and Ryan Church,
Associate, successfully
defended a petition for writ
of mandate and a civil suit
against their District client.
Petitioner/Plaintiff
Roxanne Stanley filed a
petition for writ of mandate
challenging the District’s
decision to discipline her in
2007. Shinoff and Church
represented the District in
that matter and prevailed.
Stanley then filed a civil suit
alleging, among other
things, sexual
harassment, retaliation,
and constructive
termination. After a five
day trial, the jury returned
with a defense verdict on
all claims.
Shinoff has mixed
emotions about
being a public
figure
UPDATE: The ADL no
longer uses Shinoff as
its "expert" on
cyberbullying. Now
it's Rick Barton.
In March 2009 he sought
publicity with this post on
his firm's website:
Announcements
Partner Daniel Shinoff to
speak at Anti-Defamation
League Cyberbullying
Symposium
March 30, 2009
The Anti-Defamation
League will present a
symposium on
cyber-bullying issues and
laws. Daniel R. Shinoff,
partner, will be a keynote
speaker, along with local
law enforcement agents
and assemblymen.
Parents, educators and
administrator
perspectives will be
addressed.
Balboa Park 10am ,
March 30, 2009
emotions about
being a public
figure
UPDATE: The ADL no
longer uses Shinoff as
its "expert" on
cyberbullying. Now
it's Rick Barton.
In March 2009 he sought
publicity with this post on
his firm's website:
Announcements
Partner Daniel Shinoff to
speak at Anti-Defamation
League Cyberbullying
Symposium
March 30, 2009
The Anti-Defamation
League will present a
symposium on
cyber-bullying issues and
laws. Daniel R. Shinoff,
partner, will be a keynote
speaker, along with local
law enforcement agents
and assemblymen.
Parents, educators and
administrator
perspectives will be
addressed.
Balboa Park 10am ,
March 30, 2009
Education
Western State University, J.D., 1981
University of Manitoba, 1978
Daniel R. Shinoff focuses on the defense of public entities in the area of
general tort practice with a focus on employment claims. He has
extensive trial experience in the representation of clients in a variety of
matters including general negligence, dangerous conditions,
discrimination, wrongful termination, sexual harassment and civil rights
issues. Mr. Shinoff also has substantial experience in advisory and
litigation work concerning the Brown Act and the California Public
Records Act. Admitted to the California and Federal bars in 1981, Mr.
Shinoff is also a member of the United States Supreme Court Bar.
Mr. Shinoff has worked with San Diego County Office of Education Joint
Powers Authority (JPA) since 1982 in defense of numerous cases
representing school districts within San Diego and Imperial counties. He
routinely counsels school boards, and school and community
college districts regarding all aspects of school law.
Recognized as a leading authority in school district defense and
litigation, Mr. Shinoff is a frequent lecturer in continuing
education and personnel training. His seminars have included
topics on special education, employment discrimination, sexual
harassment and the Americans with Disabilities Act.
Western State University, J.D., 1981
University of Manitoba, 1978
Daniel R. Shinoff focuses on the defense of public entities in the area of
general tort practice with a focus on employment claims. He has
extensive trial experience in the representation of clients in a variety of
matters including general negligence, dangerous conditions,
discrimination, wrongful termination, sexual harassment and civil rights
issues. Mr. Shinoff also has substantial experience in advisory and
litigation work concerning the Brown Act and the California Public
Records Act. Admitted to the California and Federal bars in 1981, Mr.
Shinoff is also a member of the United States Supreme Court Bar.
Mr. Shinoff has worked with San Diego County Office of Education Joint
Powers Authority (JPA) since 1982 in defense of numerous cases
representing school districts within San Diego and Imperial counties. He
routinely counsels school boards, and school and community
college districts regarding all aspects of school law.
Recognized as a leading authority in school district defense and
litigation, Mr. Shinoff is a frequent lecturer in continuing
education and personnel training. His seminars have included
topics on special education, employment discrimination, sexual
harassment and the Americans with Disabilities Act.
< < <
Oddly, this "Most
Commented-On"
article did not show
up in a search for
Shinoff on the same
day this list was
downloaded. The NCT
seems to be trying to
keep Shinoff's name
out of the public's
mind.
Oddly, this "Most
Commented-On"
article did not show
up in a search for
Shinoff on the same
day this list was
downloaded. The NCT
seems to be trying to
keep Shinoff's name
out of the public's
mind.
2010 Marsha Sutton defends
Dan Shinoff re Del Mar
Union School District
Dan Shinoff re Del Mar
Union School District
Del Mar Union School District
See also Marsha Sutton re Dan Shinoff
School trustees name interim superintendent
Julian administrator will divide his time
By Bruce Lieberman, UNION-TRIBUNE STAFF WRITER
April 2, 2010
DEL MAR — The school board in Del Mar yesterday appointed public school
administrator James Peabody interim superintendent while it looks for a permanent
replacement for fired schools chief Sharon McClain.
Peabody, the superintendent of the Julian Union High School District, will split his time
between Julian and Del Mar, said Dan Shinoff, an attorney for the Del Mar Union
School District. Peabody has been working part time in Julian, grooming Julian High
School’s principal for the superintendent post, and he will spend most of his time
working in Del Mar, Shinoff said.
Peabody worked previously as an assistant superintendent in the Grossmont Union
High School District, and he has 40 years’ experience in public education.
A divided board fired McClain on Wednesday, claiming she committed a “material
breach” of her contract. McClain said she will sue the district and that she did nothing
to warrant being fired.
None of the trustees this week elaborated on the reasons for firing McClain, but some
board members had clashed with her over her management style, claiming that she
failed to keep trustees adequately briefed on school issues. Many people have said
trustees micromanage district affairs and incessantly question administrative
decisions.
Board President Comischell Rodriguez, the only trustee on Wednesday to vote against
firing McClain, said yesterday that appointing Peabody was a unanimous decision.
The school district is “now moving forward with a united board,” Rodriguez said.
McClain’s abrupt termination upset many people in the small district. McClain, a
longtime school administrator who began her career in the mid-1980s as a music
teacher in Escondido, was by many accounts popular and well-liked.
She was superintendent for less than two years.
The trustees who voted to fire her — Katherine White, Annette Easton and Doug
Perkins — had voted to hire her in summer 2008. Trustee Steven McDowell, who also
had supported hiring McClain, abstained from the vote to fire her.
Before they hired McClain, White, Easton and McDowell had ousted former
Superintendent Tom Bishop in a settlement that has cost the school district more than
$300,000.
The details of Peabody’s contract as interim superintendent still need to be worked
out, Shinoff said.
Trustees said they expect a contract will be approved by the board before the end of
this month.
Bruce Lieberman: (760) 476-8205; bruce.lieberman@uniontrib.com	
See also Marsha Sutton re Dan Shinoff
School trustees name interim superintendent
Julian administrator will divide his time
By Bruce Lieberman, UNION-TRIBUNE STAFF WRITER
April 2, 2010
DEL MAR — The school board in Del Mar yesterday appointed public school
administrator James Peabody interim superintendent while it looks for a permanent
replacement for fired schools chief Sharon McClain.
Peabody, the superintendent of the Julian Union High School District, will split his time
between Julian and Del Mar, said Dan Shinoff, an attorney for the Del Mar Union
School District. Peabody has been working part time in Julian, grooming Julian High
School’s principal for the superintendent post, and he will spend most of his time
working in Del Mar, Shinoff said.
Peabody worked previously as an assistant superintendent in the Grossmont Union
High School District, and he has 40 years’ experience in public education.
A divided board fired McClain on Wednesday, claiming she committed a “material
breach” of her contract. McClain said she will sue the district and that she did nothing
to warrant being fired.
None of the trustees this week elaborated on the reasons for firing McClain, but some
board members had clashed with her over her management style, claiming that she
failed to keep trustees adequately briefed on school issues. Many people have said
trustees micromanage district affairs and incessantly question administrative
decisions.
Board President Comischell Rodriguez, the only trustee on Wednesday to vote against
firing McClain, said yesterday that appointing Peabody was a unanimous decision.
The school district is “now moving forward with a united board,” Rodriguez said.
McClain’s abrupt termination upset many people in the small district. McClain, a
longtime school administrator who began her career in the mid-1980s as a music
teacher in Escondido, was by many accounts popular and well-liked.
She was superintendent for less than two years.
The trustees who voted to fire her — Katherine White, Annette Easton and Doug
Perkins — had voted to hire her in summer 2008. Trustee Steven McDowell, who also
had supported hiring McClain, abstained from the vote to fire her.
Before they hired McClain, White, Easton and McDowell had ousted former
Superintendent Tom Bishop in a settlement that has cost the school district more than
$300,000.
The details of Peabody’s contract as interim superintendent still need to be worked
out, Shinoff said.
Trustees said they expect a contract will be approved by the board before the end of
this month.
Bruce Lieberman: (760) 476-8205; bruce.lieberman@uniontrib.com	
Home
Why This Website
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park Elem
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
Why This Website
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park Elem
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
Dan Shinoff clearly wants to be famous. But he also wants to be able to sue for
defamation as a private citizen. He suddenly stopped making comments in the
press when he sued this website's author in 2007, but since then, mentions of
Shinoff seem to occur in odd patterns.
defamation as a private citizen. He suddenly stopped making comments in the
press when he sued this website's author in 2007, but since then, mentions of
Shinoff seem to occur in odd patterns.
Attorney Daniel Shinoff has been representing school
districts countywide for 20 years.
Poway attorney makes career defending schools
For 20 years, when school districts countywide have needed
legal help, their calls most often have reached the desk of
one man ---- Daniel Shinoff.
Ranging from teachers alleging discrimination to
wrongful-death lawsuits involving students, the legal issues
that have confronted districts have varied and grown more
complex over the years, but Shinoff, 47, of Poway and his law
firm have remained a constant...
Shinoff said that over the years he has devoted more time to
advisory efforts to try to prevent legal problems for school
districts, but 70 percent of his practice still involves
representing the districts in litigation.
Diane Crosier, the senior director of a joint powers authority
made up of school districts countywide that contracts with
Shinoff's firm, said that the districts have been pleased with
Shinoff's work and that he has done a good job.
A 'zealous advocate'
...Shinoff's interest in being an attorney dates back to his
childhood in Winnipeg, Manitoba, but his specialization in the
area of education started in 1982 "strictly by happenstance,"
he said.
Shinoff attended Western State University law school in San
Diego ---- now known as Thomas Jefferson School of Law ----
and in 1981 began working as in-house counsel for Price Co.
Shinoff joined the San Diego law firm of which he is a partner
today in June 1982 and almost immediately began
representing school districts through the joint powers
authority.
Using his school experience
Shinoff said some of the experience he has gathered working
with public school districts has helped him away from work as
well, as he has devoted time to working with the Jewish
private school his four children attend, the San Diego Jewish
Academy. Shinoff's service has included serving as president
of the academy's 19-member board of directors...
Contact staff writer Scott Marshall at (760) 631-6623 or
smarshall@nctimes.com.
SCOTT MARSHALL
Staff writer
4/28/03
districts countywide for 20 years.
Poway attorney makes career defending schools
For 20 years, when school districts countywide have needed
legal help, their calls most often have reached the desk of
one man ---- Daniel Shinoff.
Ranging from teachers alleging discrimination to
wrongful-death lawsuits involving students, the legal issues
that have confronted districts have varied and grown more
complex over the years, but Shinoff, 47, of Poway and his law
firm have remained a constant...
Shinoff said that over the years he has devoted more time to
advisory efforts to try to prevent legal problems for school
districts, but 70 percent of his practice still involves
representing the districts in litigation.
Diane Crosier, the senior director of a joint powers authority
made up of school districts countywide that contracts with
Shinoff's firm, said that the districts have been pleased with
Shinoff's work and that he has done a good job.
A 'zealous advocate'
...Shinoff's interest in being an attorney dates back to his
childhood in Winnipeg, Manitoba, but his specialization in the
area of education started in 1982 "strictly by happenstance,"
he said.
Shinoff attended Western State University law school in San
Diego ---- now known as Thomas Jefferson School of Law ----
and in 1981 began working as in-house counsel for Price Co.
Shinoff joined the San Diego law firm of which he is a partner
today in June 1982 and almost immediately began
representing school districts through the joint powers
authority.
Using his school experience
Shinoff said some of the experience he has gathered working
with public school districts has helped him away from work as
well, as he has devoted time to working with the Jewish
private school his four children attend, the San Diego Jewish
Academy. Shinoff's service has included serving as president
of the academy's 19-member board of directors...
Contact staff writer Scott Marshall at (760) 631-6623 or
smarshall@nctimes.com.
SCOTT MARSHALL
Staff writer
4/28/03
NCT article downloaded 11-30-07
State Bar of California 1981
Law School:
Western State University, CA
1981
BA University of Manitoba 1978
Law School:
Western State University, CA
1981
BA University of Manitoba 1978
| San Diego Education Report |
| SDER |
San Diego
Education Report
Education Report
| SDER |
| SDER |
| SDER |
| Sept. 2013 |
Education Attorneys To Focus On “Training-The-Trainers”
September 25, 2013
By sdcnews
SAN DIEGO–Education attorneys at the law firm of Stutz Artiano Shinoff & Holtz
are “training the trainers” by presenting at conferences throughout California on
the critical issues educators face and how to minimize their risks this school year.
Workshops include “Employment Law Round Up” for community college human
resource professionals, “Cyber Bullying” legal panel and “AB1266 Briefings” for
school districts on the recent Education Code changes dealing with sex-
segregated school programs and activities.
“It is an investment of time to attend professional training, especially at the
beginning of the school year with so much going on,” says Partner Daniel Shinoff
who heads the firm’s Education Practice. “It is definitely worth time spent because
this sets the course for best practices that can develop throughout the school
year to better manage the outcome of unexpected issues when they arise.”
September 25, 2013
By sdcnews
SAN DIEGO–Education attorneys at the law firm of Stutz Artiano Shinoff & Holtz
are “training the trainers” by presenting at conferences throughout California on
the critical issues educators face and how to minimize their risks this school year.
Workshops include “Employment Law Round Up” for community college human
resource professionals, “Cyber Bullying” legal panel and “AB1266 Briefings” for
school districts on the recent Education Code changes dealing with sex-
segregated school programs and activities.
“It is an investment of time to attend professional training, especially at the
beginning of the school year with so much going on,” says Partner Daniel Shinoff
who heads the firm’s Education Practice. “It is definitely worth time spent because
this sets the course for best practices that can develop throughout the school
year to better manage the outcome of unexpected issues when they arise.”
| Jan. 2014 |
Bizarre mistrial declared in Elaine
Allyn lawsuit against Fallbrook
Elem. Schools
Allyn alleged retaliation for her objections to
erasing electronic documents. Dan Shinoff
seems to have intentionally forced a mistrial
See blog post with commentary
UPDATE: On 01/03/2014
Civil Jury Trial has been scheduled for
04/18/2014 before Judge Jacqueline M. Stern.
Allyn lawsuit against Fallbrook
Elem. Schools
Allyn alleged retaliation for her objections to
erasing electronic documents. Dan Shinoff
seems to have intentionally forced a mistrial
See blog post with commentary
UPDATE: On 01/03/2014
Civil Jury Trial has been scheduled for
04/18/2014 before Judge Jacqueline M. Stern.
San Ysidro Schools
Traditional document
destruction
Traditional document
destruction
Fallbrook Elementary
Smokeless document
destruction
Smokeless document
destruction
Candace Singh,
Superintendent FUESD
involved in Allyn case
Superintendent FUESD
involved in Allyn case
Elaine Allyn
Two current Daniel Shinoff cases: