| 02/15/08 Kelly R. (Angell) Minnehan Business & Facilities Governance & Public Law Labor & Employment Litigation Student & Special Education |

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Legal Office – To assist the District in its negotiations with the United Educators of San Francisco (UESF), Laurie Juengert, recently switched law firms – from Lozano Smith to Fagen, Friedman & Fulfrost. New contract, new firm. Fagen Friedman & Fulfrost LLP - $40,000 – General Fund Unrestricted SA N FR A N C I S C O UN I F I E D SC H O O L DI S T R I C T A G E N D A |
| When Kelly Angell worked at Stutz, Artiano, Shinoff & Holtz, she suborned the perjury of Robin Donlan on November 4, 2004. Attorney Kelly Angell Minnehan, knowing that she was suborning perjury, intentionally caused Robin Colls Donlan to change her testimony from a true statement to a false statement during her deposition for San Diego Superior Court case number GIC781970. Kelly Angell Minnehan was working under the supervision of Daniel Shinoff, who had, with Jeffery Morris, set out a strategy of destruction of documents, dishonesty, and subornation of perjury for this case, and had, on December 17, 2003 and continually after that time, made clear to Angell Minnehan that he approved and would help cover-up any illegal actions she might take to win the case. ROBIN DONLAN DEPOSITION November 4, 2004 (Exhibit 1) Page 99 Q. Do you know that I was dismissed by the school district? MS. ANGELL: You mean other than conversations that are attorney-client privileged, attorney work product and information related to Ms. Donlan in the course of this litigation? MS. LARKINS: Yes. THE WITNESS: We were told during a meeting, so-- At this point, the deponent had answered a clear question, AFTER her lawyer's clarification that the question specifically ruled out information that was "attorney-client privileged, attorney work product and information related to Ms. Donlan in the course of this litigation." Ms. Donlan made it clear that there had been a meeting which was NOT "attorney-client privileged, attorney work product and information related to Ms. Donlan in the course of this litigation," in which she had learned that LARKINS had been dismissed from employment. As DONLAN answered this question affirmatively, the video camera recorded her tone of voice, eye movements, and body language, all of which support the court reporter's record of an affirmative response. This additional evidence indicates DONLAN'S clear understanding of the question, and her clear understanding of the clarification by her lawyer. DONLAN nodded her head affirmatively as she answered, "We were told during a meeting, so--." She looked at Kelly Angell as she spoke the words, and spoke in a confidential tone of voice, as if she had never before given this information to her lawyer, but was giving it to her now. ANGELL interrupted her client's testimony to give a clear order, a clear directive, a clear instruction, to Ms. Donlan: Angell: "Well, you don't discuss anything that was told to you by your counsel, things that you discussed with counsel. So the question is did you know, other than through your counsel or through this litigation, that she had been dismissed? The witness --and a reasonable person informed of ANGELL'S words and actions--could not help but understand that ANGELL was ordering her client to change her testimony. And Ms. Donlan did change her testimony: THE WITNESS: No. Why did ANGELL want this apparently innocuous information contradicted? The information is a matter of public record. Because ANGELL was desperate to avoid any testimony about discussions about the matter by teachers and Michael Carlson and Rick Werlin at that time, since those discussions involved covering up crimes by planning new crimes. This isn’t a private lawyer protecting a client. This is a public entity lawyer preventing a witness from telling the truth about harm done by the public entity. This is a representative of a public institution (Chula Vista Elementary School District) forcing a client to lie to cover up a committed by that institution. This is public, not private. This is subornation of perjury BY government, supported by tax dollars, and the public has a right to know about it. The lawyers provided to CVESD by the San Diego County Office of Education Joint Powers Authority must stop milking the public and committing misdemeanors and felonies that harm public education. Plaintiff's conduct as alleged in this cause of action constitutes an unlawful act in violation of Penal Code section 127, which states, “Every person who willfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured.” The following quotes from Robin Donlan’s deposition show exactly how she contradicted the sworn testimony of her principal. SASH knew very well that these people had violated Labor Code Section 432.7 (a misdemeanor) against Larkins (Exhibit 8), but instead of an apology to Larkins they continued to bill the district for their efforts to subvert the justice system. ROBIN COLLS DONLAN DEPOSITION November 4, 2004 P 123 18 MS. LARKINS: Okay. I would like to ask that this document be labeled -- okay -- as Exhibit 5. I want to make sure that you get one, Ms. Garvin, because this relates so specifically to your client. P 124 (Exhibit 5 marked for identification.) "Deposition of Gretchen Donndelinger." P 125 A. "Did Robert -- Robin Colls ever share with you any kind of information concerning a police report allegedly, somehow, involving Maura Larkins?" P 126 Q. Was there ever something about a police report that you didn't want Gretchen Donndelinger to know? A. Not to my recollection, no. Q. Okay. So according to your recollection, Gretchen Donndelinger's testimony about you here is false? A. As far as I recall. Q. Was there ever something about a police report that you didn't want Gretchen Donndelinger to know? A. Not to my recollection, no. Q. Okay. So according to your recollection, Gretchen Donndelinger's testimony about you here is false? A. As far as I recall. Q. Okay. Did your brother ever talk to you during the year 2000 about my having been arrested? MR. GARVIN: Vague and ambiguous. THE WITNESS: No. 21-22 Q. Okay. Would you please read the question on Line 2 of Page 81. P 127 line 9-16 Q. Okay. Now that you have read almost half a page of Gretchen Donndelinger's testimony about a conversation she claims to have had with you, are you getting any memories at all of this conversation? A. No, none whatsoever. Q. Okay. Do you have any explanation for why Gretchen Donndelinger would have said that you talked about a police report? Page 128 line 8 through page 129 line 5 Q. So could you read the question that was asked of Gretchen Donndelinger that is recorded here on Line 10 on Page 81. A. "Was this in a face-to-face conversation with Robin Colls?" Q. And what was Gretchen's answer? A. "Yes." Q. Okay. You don't remember any face-to-face conversation with Gretchen Donndelinger about a police report that allegedly somehow involved me? A. No, I don't. Q. Okay. Do you have any experience of Gretchen Donndelinger having hallucinations? A. No. Personally, no. Q. Okay. But you heard -- her testimony here is false; is that your testimony? A. I don't have any recollection of that event. Q. Could this conversation have had happened and you might have forgotten it? A. I doubt that. Q. So you're quite sure this conversation never took place? A. I don't recall it. P70 11 Q. When I was working at Castle Park and Gretchen Donndelinger was working at Castle Park, did you ever talk to her about a police report involving me or anyone connected with me? A. No. Q. Did you ever tell her that you knew something about me, but you -- she wouldn't want to know it? A. No. Q. Did you ever tell her that there was some sort of non-school relationship between my family and your family? A. Not to my recollection, no. p71 Q. Did you ever talk to Gretchen Donndelinger without an attorney present about me at any other time other than the times you were discussing the white board incident and the notebook incident? A. I don't recall any, no. 12 Q. Okay. If you had knowledge about a police report about a teacher at your school, is that something you'd be likely to remember? 15 A. Probably. Another individual who committed perjury under pressure from Kelly Angell MInnehan, Daniel Shinoff, Jeffery Morris and the CVESD board was Linda Watson (Exhibit 7), contradicting herself again and again, and changing her testimony when Larkins asked if Watson would mind if her phone records were subpoenaed. |
| ACSA Online - Events - Pupil Services and Special Ed... - Published on: 1/14/2000 Last Visited: 9/1/2000 Howard Fulfrost, attorney, Lozano Smith Acknowledging that school districts may not have the resources to fulfill their obligations to all children with disabilities, the Individuals with Disabilities Education Act permits school districts to use private schools and agencies as a means of carrying out federal and state special education mandates.After attending this workshop, a school administrator will know how to, among other things :. Distinguish among the three types of private school students with disabilities and a school district's obligations to each under the IDEA and related California law ;.Develop a policy for serving parentally placed private school students ;. http://www.acsa.org/events/ Pupil_Svcs_Special_Ed This link has been broken by ACSA (Association of California School Administrators): Here's the message I got: "Page Not Found "The page you are looking for is currently unavailable." |
| Howard Fulfrost Shareholder Location: Santa Monica Practice(s): Special Education Howard J. Fulfrost is a shareholder in the Santa Monica office and co-chair of the firm’s Special Education Practice Group. Mr. Fulfrost brings to the firm a wealth of knowledge regarding students with disabilities and special education. He represents and advises school districts, county offices of education, and Special Education Local Plan Areas with regard to all aspects of special education law. A favored presenter at the firm's Special Education Legal Consortia, Mr. Fulfrost is frequently asked to speak throughout the country on a variety of special education legal topics. Prior to joining the firm, he was employed as staff counsel for the Division of Special Education at Los Angeles Unified School District, the second largest school district in the nation. In that position, he represented the District in hundreds of due process cases and provided ongoing legal support to every level of District administration in all areas of special education law. Before law school, he completed his Master of Arts degree in Developmental Psychology at Teachers College, Columbia University, and coordinated a community-based program in two New York City high schools. As an undergraduate, he was a student teacher in special education at the in-patient school at UCLA's Neuropsychiatric Institute. His having been named a Southern California Rising Star for 2004 and 2005 evidences Mr. Fulfrost’s position as a leading education attorney in California. Mr. Fulfrost earned his law degree from the University of San Francisco School of Law in 1993. He holds a Master of Arts degree from Columbia University and a Bachelor of Arts from the University of California, Los Angeles. Howard Fulfrost Lozano Smith 2800 28th Street, Suite 240 Santa Monica, CA 90405-6205 Phone: (310) 382-5300 Fax: (310) 382-5310 hfulfrost@lozanosmith.com |
| After a federal judge ordered the lawyers at his firm to take an ethics class, Howard Fulfrost left Lozano Smith law firm. He apparently is trying to hide this fact: |
| Howard Fulfrost's current biography on his law firm site states: "Prior to joining the firm, Mr. Fulfrost was an associate, and then a shareholder, with another California education law firm. While at that firm, he was co-chairperson of the Special Education Practice Group – leading its growth to California’s largest and most well-recognized special education practice." |
| Here's the bio Mr. Fulfrost posted on the website of his prior firm, Lozano Smith. The original web address was http://www.lozanosmith.com/attorneyprofile.asp?aid=64. This page was cached by ZoomInfo. |
| Howard Fulfrost was a shareholder at Lozano Smith when the firm billed Bret Harte Union High School District $500,000 for a case that could have been settled years earlier for $8,000. |
| Kelly Angell Minnehan worked closely with the teacher's union lawyer, Michael Hersh, in this case. Michael Hersh was taking direction from California Teacher Association's chief counsel, Beverly Tucker. |
| Howard Fulfrost: member of the School Attorney Advisory Board LRP's Special Education School Attorneys Conference Jan. 29 - 31, 2009 San Antonio Marriott Rivercenter San Antonio, Texas School Attorney Advisory Board MELINDA BAIRD, Law Office of Melinda Baird, Jacksboro, Tenn. JACK CLARKE, JR., Best, Best & Krieger, Riverside, Calif. HOWARD FULFROST, Fagen Friedman & Fulfrost LLP, Los Angeles ZVI GREISMANN, Montgomery County Board of Education, Rockville, Md. VIOLA LORDI, Wilentz, Goldman & Spitzer P.A., Woodbridge, N.J. KATHLEEN MEHFOUD, Reed Smith LLP, Richmond, Va. GARY RUESCH, Quarles & Brady LLP, Milwaukee, Wis. JIM WALSH, Walsh, Anderson, Brown, Schulze & Aldridge, P.C., Austin, Texas CHARLES WEATHERLY, Weatherly Law Firm, Atlanta, Ga. JULIE WEATHERLY, Resolutions in Special Education, Mobile, Ala. GERALD ZELIN, Drummond Woodsum, Portsmouth, N.H. ..."Once again the conference covered many relevant aspects of special ed for the school attorney. It covered the basics, introduced concepts and provided practical practice pointers for all. Whether you’re a novice to special education or an experienced practitioner, this conference will enlighten you." Fred Compton Roetzel & Andress, Akron, Ohio "This is the most worthwhile conference I've attended. Every single presenter provided specific, helpful advice that I will use in my practice." Karen Haase Harding & Shultz, Lincoln, Neb. Who Should Attend "Registration Criteria "To encourage open dialogue and discussion, participation in this conference is limited. Registrants MUST BE ATTORNEYS who do not currently represent parties with special education interests adverse to school districts." [Maura Larkins' note: What exactly is it that participants WOULDN'T SAY if they knew that someone with opposing interests was present? Would they keep certain illegal tricks and tools of the trade secret? LPR Publications Founded in 1977 by Kenneth Kahn, then a practicing employment law attorney, LRP Publications has been serving business and education professionals for more than three decades. Originally known as Labor Relations Press, the company first published case reporters for the legal profession. As the company expanded into other specialty areas, it became known as LRP Publications. Today, LRP publishes two industry-leading magazines, Human Resource Executive® and Risk & Insurance®, as well as hundreds of newsletters, books, videos and case reporters in the fields of: • human resources • federal employment • workers' compensation • public employment law • disability • bankruptcy • education administration and law Complementing these suites of resources are dedicated Web sites including Title1admin.com, EducationDaily.com®, SpecialEdConnection.com®, cyberFeds.com® and HREOnline.com™. For a complete list of our resources, visit www.shoplrp.com. LRP Publications also provides top-quality training and professional development in national conferences and trade shows, plus an ever- growing offering of live audio conferences and Webinars... |
| Anaheim City School District Board of Education A G E N D A Regular Meeting Monday, June 26, 2006 It is recommended the Board of Education approve an agreement between this District and Fagen, Friedman & Fulfrost, LLP, 100 E. San Marcos Boulevard, Suite 400, San Marcos, CA 92069 for the purpose of providing legal advice and counsel on labor and employment matters. The hourly rate for legal services shall be as follows: Paralegal $90, law clerk/senior paralegal $100, associate $190, senior attorney $200, and partner $210. The cost shall not exceed $20,000. This agreement shall continue unless terminated in writing by either party. Funding: 01-8001-5816 Attorney Fees, Human Resources Page 9 Board Agenda – June 26, 2006 |
| Another lawyer made the same jump, but put it a different way: |
| Was Fagen, Friedman & Fulfrost formed so that sanctioned Lozano Smith lawyers could keep playing the same tricks under a different name? See "Escape from Ethics" below. |
| Clients |
| Escape from Lozano Smith |
| Fagen Friedman Fulfrost: Its lawyers come from Stutz Artiano Shinoff & Holtz and Lozano Smith. The ethically-challenged seem to flock to FFF. |
| Deposition of Peg Myers, CVE President, also a client of Kelly Angell Minnehan |
| Fagen, Friedman & Fulfrost San Marcos office Melanie A. Petersen... served fifteen years as in-house counsel for San Diego Unified School District... Ms. Petersen is the chair of the firm’s Charter School Practice Group... [She] is a frequent presenter at ACSA, CSBA, NSBA and several other professional organizations. She is the 2008-09 President of the California Council of School Attorneys. From FFF website downloaded 09/01/08 |