Attorney Daniel R. Shinoff cases

Defending white collar
wrongdoing

KEARNEY v. FOLEY & LARDNER, LLP;
GREGORY V. MOSER; LARRY L. MARSHALL,
MICHAEL MCCARTY,
Defendants-Appellees.
Appeal from the United States District Court for the
Southern District of California
M. James Lorenz, District Judge, Presiding
Filed May 12, 2009

Otay Water District--ratepayer lawsuit
Why were Otay's lawyers indemnified? The only
explanation that makes sense is that certain board
members wanted the lawyers to do wrong

Asthma coronary at camp
Transferred to Judge Judith Hayes (?!)
from Judge Quinn

Sanchez v. SDCOE
10/10/08 10:30AM C-68
Hayes, Judith F.
Summary Judgment GIC880054
D)McCabe Union School Distr
D)San Diego County Office of Education
Daniel R. Shinoff
12/18/07 01:30PM C-74
Quinn, Linda B.
Demurrer / Moti GIC880054
D)McCabe Union School Distr
DANIEL R. SHINOFF
D)San Diego County Office of Education
DANIEL R. SHINOFF
Case Title:   SANCHEZ VS
SAN DIEGO COUNTY OFFICE OF EDUCATION
Case Number:   GIC880054
Case Location: San Diego
Case Type: Civil
Date Filed: 02/13/2007
Category: CU-PO PI/PD/WD - Other
Plaintiff/Petitioner
SANCHEZ     OCTAVIO     P
SANCHEZ     VIRGINIA
Defendant/Respondent
SAN DIEGO COUNTY
OFFICE OF EDUCATION
CAMP DENVER C FOX
MCCABE UNION SCHOOL DISTRICT

Deposition of Ray
Artiano by the author
of this website (with
Dan Shinoff acting as
Artiano's counsel)

March 18, 2005
Lawsuit against Escondido school district set
for trial
By: Scott Marshall
North County Times

VISTA ---- A lawsuit that alleges two autistic students in
the Escondido Union School District were battered by a
teacher is scheduled to go to trial April 1, an attorney for
the school district confirmed late Thursday.

The case involves two students, ages 4 and 5 at the time,
and alleges the children were battered while they were
students at the Nicolaysen Center, a school for
special-education students, said Daniel Shinoff, the
district's attorney.

Andrea Leavitt, an attorney for the students and
their families, could not be reached for comment late
Thursday afternoon.

Shinoff said the school district denies the
allegations and believes the case involves a
misunderstanding "that's been blown way out of
proportion."

Poway High student sues RBHS
principal, school district
By: SCOTT MARSHALL
May 2, 2005

VISTA ---- A Poway High School student has filed a lawsuit
alleging the principal and an assistant principal at Rancho
Bernardo High School assaulted and battered him at a
basketball game between the two schools.

Mario DiNunzio, described in the lawsuit as an 18-year-old
who was a minor and a Poway High student at the time of
the alleged incident, is seeking an unspecified amount of
money from the Poway Unified School District, Rancho
Bernardo High School Principal Jeffrey King, and Robert
Speights, an assistant principal at the school...

The school district's The school district's district's
attorney, Daniel Shinoff, Daniel Shinoff, who said the
school administrators have a "very, very different
perspective" about what happened.

"I believe that when the facts come out, it will be very much
different than what the family believes occurred," said
Shinoff, who declined to comment further on the case...

The lawsuit alleges that King and Speights confronted
DiNunzio when he entered the gym and told him to leave.

King and Speights then questioned DiNunzio and kept
him from leaving, the lawsuit alleges...

The lawsuit alleges King and Speights grabbed DiNunzio
by his clothes and threw him to the ground "without
provocation." The force of the alleged battery caused
DiNunzio's back to hit a drinking fountain, the lawsuit
alleges.

2009:
03/25/09 08:30AM E-15
Halgren, Laura W.
Hearing on Peti GIE036447
D)LAKESIDE UNION SCHOOL DIS
Daniel R. Shinoff

East County
02/08/08 09:00AM E-15    CV
Halgren, Laura W.
Motion Hearing GIE036447
D)LAKESIDE UNION SCHOOL DIS
DANIEL R. SHINOFF
TENTATIVE RULINGS -
February 07,2008
02/08/2008
Medical Malpractice
HEDRICK VS LAKESIDE UNION SCHOOL DISTRICT
The Court grants Defendant...Motion for Terminating
Sanctions.
Lakeside Union School District filed motions to
compel responses to written discovery and a motion
establishing admissions on August 21, 2007. No
opposition was received. The motions were granted by
the Court on September 14, 2007 and sanctions were
ordered in the amount of $1488... This motion for
terminating sanctions was filed on 1/16/07 and a proof
of service has been filed. Plaintiff has not filed
opposition papers by the due date of 1/28/08...

Shinoff Federal
in Feb. 2008

3:07-cv-00049-W-CAB
Roberts et al v. Ramona
Unified School District et
al filed 01/05/07

3:07-cv-00714-L-WMC
Union High School
District et al filed
04/19/07

3:07-cv-01978-LAB-CAB
To et al v. Poway Unified
School District et al filed
10/12/07

Mirrett v. Pitarresi
Presiding Judge
So, Kenneth K.
Ex Parte        GIC840369
D) JOHN PITARRESI
DANIEL R. SHINOFF
11/15/06 09:00AM SD-4
BOLLMAN
Sp Setl Conf GIC840369
D)PITARRESI
SHINOFF

LEBLANC VS POWAY UNIFIED SCHOOL DISTRICT
Student assaulted at Rose Parade by band teacher

(1)
Dan Shinoff, Rick Rinnear
and SDCOE
GIE019680
P) RICK RINEAR
Was this work by Daniel Shinoff a reward
for SDCOE-JPA's giving most of its cases
to Shinoff?

DANIEL R. SHINOFF
03/03/08 01:30 PM E-21 Settlement
Conf GIE019680

CHRISTEIN HUMPREY VS. CHULA VISTA
ELEMENTARY SCHOOL DISTRICT
Case Number:   37-2007-00069969-CU-PO-SC

Case Location: South County
Date Filed: 07/30/2007
Category: CU-PO PI/PD/WD - Other

Plaintiff/Petitioner
HUMPREY     CHRISTEIN

04/04/08 09:00AM E-15 Halgren, Laura W.
Demurrer / Moti 37-2008-00061228-CU-PO-EC
D)Cajon Valley Union High
Daniel R. Shinoff

Central

07/18/08 09:00AM C-69
Hearing on Peti
05/13/08 08:30AM C-69
Judge: Barton, Jeffrey B.
Demurrer / Motion
37-2008-00075692-CU-WM-CTL
R) Fallbrook Union Elementary
R) James Whitlock
R) Janice Schultz, Ed. D.
http://www.agcsd.org/localagency/agencyviewer.php?l=58
SUPERINTENDENT: Dr. Janice Schultz
jschultz@fuesd.k12.ca.us
Counsel: Daniel R. Shinoff

10/07/08 08:30AM C-61
Meyer, John S.
OSC - Failure t
37-2007-00084374-CU-OE-CTL
D) FALLBROOK UNION HIGH SCHOOL
Daniel R. Shinoff

03/27/09 08:30AM N-07
Hearing on Rest
37-2009-00052146-CU-HR-NC
P)Fallbrook Union High Scho
Daniel R. Shinoff

Dept. 54 Superior Court of California
800 Ninth Street, 3rd Floor
Monday, July 02, 2007, 9:00 AM
Item 1306AS03820

GUAJOME PARK ACADEMY VS. SIA TECH ET
AL

Motion to Stay Litigation
Filed By: Mason, Joel B.

Defendants' motion to compel arbitration is denied.
The arbitration clause is limited to disputes arising
out of the interpretation of the contract between the
parties. The causes of action alleged in the
complaint do not relate to a dispute over
interpretation of the contract, but rather to the
duties of the individual defendants to plaintiff as
board members of plaintiff and other pre-contract
conduct. The only contract cause of action does not
relate to interpretation of the terms of the contract. The
Court cannot compel arbitration of claims exceeding
the scope of the parties' agreement. Medical Staff of
Doctors Medical Center in Modesto v. Kamil (2005)
132 Cal.App.4th 679, 683 (provision for arbitration of
disputes concerning terms of contract did not extend
to plaintiffs' defamation claims); Parker v. Twentieth
Century-Fox Film Corp. (1981) 118 Cal.App.3d 895,
904-905 (provision for arbitration of disputes related to
receipts and disbursements did not extend to causes
of action for usury, declaratory relief, fraud, fraud in the
inducement, breach of contract, rescission,
dissolution and winding up of joint venture)...

East County
04/03/08 09:00AM E-15
Halgren, Laura W.
Civil Jury Tria GIE019680

P)ANNE MANDERVILLE
P)RICK RINEAR
P)ROSEANN RINEAR
P)WILLIAM
MANDERVILLE
Daniel R. Shinoff

South County
03/28/08 08:35AM S-04
Cannon, William S.
Demurrer / Moti
37-2007-00069969-CU-PO-SC

D)Chula Vista Elementary Sc
Daniel R. Shinoff

Guajome Park Academy
(part of VUSD)

Poway Unified

Grossmont Union H IGH
S CHOOL District.

GUHSD REPORT

Poway Unifed lawsuits

Lindsey Stewart

Encinitas Union

Grossmont Cuyamaca Com.
COLLEGE District

Fallbrook

Escondido

04/29/08 08:30AM N-27
Stern, Jacqueline M.
Ex Parte        37-2007-00052268-CU-OE-NC
D)Escondido Union High School
Daniel R. Shinoff

Central
08/07/09 10:00AM C-75
Strauss, Richard E. L.
Civil Case Mana
37-2009-00085480-CU-BC-CTL
D)SAN DIEGUITO UNION HIGH S
Daniel R Shinoff

05/02/08 02:15PM C-73    CV
Denton, Steven R.
OSC - Failure t
37-2008-00075843-CU-OE-CTL
D)San Dieguito Union High S
Daniel R. Shinoff

Central
06/27/08 02:15PM C-73    CV Denton,
Steven R.              OSC - Failure t
D)San Dieguito Union High S
Daniel R. Shinoff

07/01/08 10:30AM E-21Settlement
05/07/08 01:30PM E-21 Settlement
GIE036454
D)JOSE ISREAL QUINONES
D)NATIONAL SCHOOL DISTRICT
East County Courthouse
Daniel R. Shinoff
Date Filed: 02/15/2007
Category: CU-PA
PI/PD/WD - Auto
SCHILLACI     JOSEPH F     P

Central
11/14/07 08:30AM C-61
Ex Parte        GIC879420
C)NATIONAL SCHOOL DISTRICT
DANIEL R. SHINOFF

LEON JAMES PAGE VS. MIRACOSTA COMMUNITY
COLLEGE DISTRICT
Case Number:   37-2007-00055219-CU-WM-NC
Location: North County
Date Filed: 08/08/2007
Category: CU-WM Writ of Mandate

Plaintiff/Petitioner
PAGE     LEON JAMES
Defendant/Respondent
MIRACOSTA COMMUNITY COLLEGE DISTRICT
RICHART, DR VICTORIA MUNOZ

Maura Larkin's
S D Education Report Blog

Central 05/09/08 10:00AM C-71
Prager, Ronald S
Summary Judgment
GIC871766
D)CAJON VALLEY UNION SCHOOL
Daniel R. Shinoff
Court ruling: "The motion is continued to May 20, 2008..."
[M.L. note: I suspect that the judge would like to see this
case settled. The decision has been delayed twice. My
advice to CVUSD is do the right thing, not what Daniel
Robert Shinoff advises.]

Judge Prager found in favor of the school
district, but his decision was overturned on
appeal.

Eric M. v. Cajon Valley Union School District
Filed 5/20/09 Certified for Publication 5/27/09
COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIV 1
D053534 (Super. Ct. No. GIC871766)

APPEAL from a judgment of the Superior Court
of San Diego County, Ronald S. Prager, Judge.
Reversed.

Plaintiff and appellant Eric M. (Eric), by and through his
guardian ad litem, Gloria M., brought this action against
defendant and respondent Cajon Valley Union School
District (the District), alleging that his injuries from being
hit by a car were proximately caused by the District’s
failure to supervise adequately the process of his
dismissal from school and anticipated school bus ride
home. After six-year-old Eric boarded but then
immediately left the school bus (telling the bus driver he
saw his father’s car), shortly after school had ended for
the day, he started walking to the bus stop where he
thought his mother would pick him up, but was hit by a
car as he crossed the street.

Eric appeals from a judgment of dismissal
entered against him after the trial court granted
the District’s motion for summary judgment,
and denied Eric’s motion for summary adjudication on
the existence of an affirmative duty not to let him off the
bus under those circumstances. The trial court’s ruling to
grant the District’s summary judgment motion was based
on its analysis of duty and immunity under Education
Code section 44808, under the circumstances of a
student being injured by being struck by a car, after
school and off campus.

The court concluded the District owed Eric no
duty, as of the time of his injuries, to provide
him safe transportation under its transportation
safety plan (TSP). (§ 39831.3, Gov. Code, § 815.)

On appeal, Eric argues the trial court erroneously
determined as a matter of law that the District owed him
no duty of reasonable care during the events leading up
to his injuries ..

We agree with Eric that, as a matter of law, and under
existing authorities, the trial court incorrectly determined
the District did not owe Eric a duty of reasonable care at
the relevant times during these events. (Hoyem v.
Manhattan Beach City School District (1978) 22 Cal.3d
508 (Hoyem).) Moreover,
triable material issues of fact remain regarding
the extent and manner of performance of that
duty, and the summary judgment and underlying
summary adjudication ruling must be reversed.

Central

05/30/08 09:00AM C-61    CV
Meyer, John S.                 Civil
Case Mana
37-2007-00084374-CU-O
E-CTL     D)FALLBROOK
UNION HIGHSCHOO
Daniel R. Shinoff

05/30/08 02:15PM C-73    CV
Denton, Steven R.
OSC - Failure t
37-2008-00075843-CU-O
E-CTL     D)San Dieguito
Union High S Daniel R.
Shinoff
05/30/08 02:15PM C-73    CV
Denton, Steven R.
OSC - Other
37-2008-00075843-CU-O
E-CTL     D)San Dieguito
Union High S
Daniel R. Shinoff

Mi racosta Co llege

Central

06/19/08 08:30AM C-73
Ex Parte
37-2007-00073427-CU-P
O-CTL
D)La Mesa-Spring Valley Sch
Daniel R. Shinoff

North County

06/20/08 01:30PM N-28    CV
Orfield, Michael B.
Motion Hearing
37-2007-00056605-CU-P
A-NC
D)San Dieguito Union High S
Daniel R. Shinoff

06/20/08 01:30PM N-31    CV
Guy-Schall, Lisa
Demurrer / Moti
37-2008-00052609-CU-W
M-NC      R)Solana Beach
School Distr
Daniel R. Shinoff

Attorney for San Diego County Office of Education (SDCOE) Joint Powers Authority

Stutz, Artiano Shinoff & Holtz Law Firm

East County
06/24/08 08:30AM E-15    CV Halgren,
GIE036576                      D)RAMONA
UNIFIED SCHOOL DIS Daniel R.
Shinoff

06/27/08 10:00AM E-15    CV Halgren,
Laura W.              Trial Readiness
GIE036576                      D)RAMONA
UNIFIED SCHOOL DIS
Daniel R. Shinoff

Cajon Valley

Grossmont Union High School District

10/09/08 08:30AM C-73
Ex Parte   Central
02/08/08 01:30PM
Denton, Steven R.
Civil Case Mana
37-2007-00073427-CU-PO-CTL
D)La Mesa-Spring Valley Sch
DANIEL R. SHINOFF

Lakeside Union

06/27/08 10:30AM E-15
Halgren, Laura W.
Case Mana GIE036447
D)LAKESIDE UNION SCHOOL DIS
Daniel R. Shinoff

Mountain Empire

Charles Joseph T ucker case March 2011:
03/27/09 11:10AM E-14    CV Sturgeon, Eddie C              Status
Conferen GIE036946
P) CHARLES JOSEPH TUCKER JR
D) BRANNEN               JAN
GOVERNING BOARD OF THE GROSSMONT UNION HIGH SCHOOL
DISTRICT
PATTERSON            SCOTT
Daniel R. Shinoff
RELATED CASE:
P) CHARLES JOSEPH TUCKER JR
03/27/09 11:10AM E-14
Status Conferen GIE029351
04/04/08 11:00AM E-14     Sturgeon, Eddie C
Status Conferen GIE029351
D)GROSSMONT UNION HIGH SCHOOL DISTRICT
D)ROBERT CORNELIUS
D)STEVEN SONNICH
D)TERRY RYAN
Daniel R. Shinoff
Why doesn't the Grossmont board just do the right
thing instead of wasting tax dollars????
03/28/11 09:00AM E-14    GIE029351 Sturgeon, Eddie C
             Civil Jury Trial

VISTA UNIFIED SCHOOL DISTRICT
Case Number:   GIN035902
Location: North County
Case Type: Civil
Date Filed: 03/04/2004
Category: A60304 Breach of Contract
VISTA UNIFIED SCHOOL DISTRICT
FREEMAN     B J
School demanded that doctor testify in support of
falsified reports. BJ Freeman referred the Peters
case to another doctor.

Shinoff is a witness in
this case

Harnett v. Diane Crosier,
SDCOE

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

07/11/08 10:30AM C-73
Denton, Steven R.
Motion Hearing
37-2008-00081583-CU-W
T-CTL
P)Rodger J. Hartnett
BARRY M. VREVICH

CVESD cases

03 CV 1400 BTM
Four Year Old Austistic Boy
Allegation: duct taped to chair.....

GIC 826335
Allegations: Abuse of Special Ed Boy,,,, life
threatening injures, and cover up. Negligence
assault and battery....

GIN 043958
Allegations: Assault Battery, of high school student
at Bernardo High School, with Principal King, same
principal back in 1998

Central
07/11/08 10:30AM C-73    CV
Denton, Steven R.
Demurrer / Moti
37-2008-00075843-CU-OE
-CTL
D)San Dieguito Union High S
Daniel R. Shinoff

North County
07/11/08 01:30PM N-27    CV
Stern, Jacqueline M.
Discovery Heari GIN058018
               C)MIRA COSTA
COLLEGE        Daniel R.
Shinoff

07/11/08 01:30PM N-27    CV
Stern, Jacqueline M.
Discovery Heari GIN058018
               C)MIRACOSTA
COMMUNITY COLLE Daniel R.
Shinoff

07/11/08 09:30AM N-28    CV
Orfield, Michael B.            Civil
Case Mana
37-2007-00056605-CU-PA-NC
     D)San Dieguito Union High
S Daniel R. Shinoff

East County
07/10/08 08:30AM E-14    CV
                          Ex Parte
GIE036454
D)JOSE ISREAL QUINONES
Daniel R. Shinoff
07/10/08 08:30AM E-14    CV
                          Ex Parte
GIE036454
D)NATIONAL SCHOOL
DISTRICT Daniel R. Shinoff

07/15/08 08:30AM C-72
Ex Parte        GIC865228
D)POWAY UNIFIED
SCHOOL DIST
Daniel R. Shinoff

East County
07/18/08 10:30AM E-15
CV Halgren, Laura W.
         Civil Case Mana
37-2008-00061228-CU-P
O-EC
D)Cajon Valley Union
High D
Daniel R. Shinoff

East County
Motion Hearing GIE031907
12/12/08 10:30AM
Management
D)BILL BAUCHER
D)DOE 3
D)LARITA WILLIAMS
D)LEMON GROVE SCHOOL DISTRI
D)LYNN BOUFFARD
Daniel R. Shinoff
VILLALOBOS VS LEMON GROVE SCHOOL
DISTRICT
Case Location:         East
Date Filed:         04/20/2006
Category:   CU-CR       Civil Rights
Plaintiff/Petitioner
VILLALOBOS            KATHY

Lemon Grove

Ch ula Vista

National

STUETZER vs LA MESA SPRING
VALLEY SCHOOL DISTRICT
GIC849081
Filed: 06/14/2005 Other Employment
Plaintiff/Petitioner
STUETZER     COLLEEN JANE
STUETZER     THOMAS
Defendant/Respondent
LA MESA SPRING VALLEY SCHOOL
DISTRICT
MUNDEN    DENNIS
Central
11/09/06 11:00AM SD-74    QUINN
          GIC849081
D)MUNDEN
Dan Shinoff

McCabe Union
School District

Defendant/Respondent
HORNADAY    ROBERT    P
HORNADAY FINANCIAL & INS SERVICES
R F HORNADAY & COMPANY
RSG SECURITIES
SENTRA SECURITIES CORPORATION
WORTHMARK FINANCIAL & INSURANCE
SERVICES LLC

North County

08/07/08 09:00AM N-30
CV
Ex Parte
37-2007-
00055219-CU-WM-NC
D)Miracosta Community
Colle
Daniel R. Shinoff

08/11/08 09:00AM N-28
CV Orfield, Michael B.
    Status Conferen
37-2007-00056605-CU-
PA-NC
D)San Dieguito Union
High S
Daniel R. Shinoff

10/24/08 02:00PM C-61
Meyer, John S.
Civil Court Trial
37-2008-00076816-CU-CR-CTL
D)Poway Unified School Dist
Daniel R. Shinoff

10/24/08 09:00AM C-72
Taylor, Timothy
Trial Readiness
GIC865228
D)POWAY UNIFIED SCHOOL DIST
Daniel R. Shinoff

Case Title:   N W VS POWAY UNIFIED
SCHOOL DISTRICT
Case Number:   GIC865228
Case Location: San Diego
Date Filed: 05/02/2006
Category: CU-PO PI/PD/WD - Other
Plaintiff/Petitioner
N W         P
WITTE     MELANIE
Defendant/Respondent
MORNING CREEK ELEMENTARY EXTENDED
SCHOOL SERVICES
POWAY UNIFIED SCHOOL DISTRICT

EVALYN DROBNICKI VS. POWAY
UNIFIED SCHOOL DISTRICT
Case Number:
37-2008-00076816-CU-CR-CTL
Case Location: San Diego
Date Filed: 01/28/2008
Category: CU-CR Civil Rights

Poway Unified School District

PUSD v. Delanie Harrington GIC 795258
(December 5,2003) PUSD /Shinnefield sued
family of 1st grader, who is deaf....,

Vista Unified School
District (VUSD)

North County
12/12/08 11:00AM N-30
Nugent, Thomas P.
Certificate of
37-2008-00054566-CU-PONC
Daniel R. Shinoff
D)Erin Sturgeon
D)Jean Isbell, R.N.
D)Jeff Luft
D)Marni Young
D)Oceanside Unified School
D)Paula E Foster
D)Tamika McCarroll
D)The Public School Common
D)Tom Kimbrel

Oceanside

Sharon McClain v. DMUSD Lawsuit by fired
superintendent
SHARON MCCLAIN ED D VS. DEL MAR UNION
SCHOOL DISTRICT
37-2010-00100467-CU-WT-CTL
San Diego
Date Filed:         09/17/2010
CU-WT         Wrongful Termination
03/25/11 08:45AM C-64
Nevitt, William R. Jr. Judge
Civil Case Mana 37-2010-00100467-CU-WT-CTL
D)Del Mar Union School Dist
Daniel R Shinoff

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

Plaintiff/Petitioner
No party was found.

Defendant/Respondent
No party was found.]

Coach James "Ted" Carter's
students needed him.

Principal Dianne Carberry and her husband, a
coach who suggested a student take a
substance that caused his kidneys to fail,
should have been fired instead of Carter,
who blew the whistle.

Why did Daniel Shinoff and the Escondido
Union High School District board appeal the
court's award to Carter? They should have
apologized, paid the victim, and immediately
hired new administrators.

San Diego Union Tribune regarding the Coach
Carter v. Carberry case

Coach James "Ted" Carter v. Escondido School District

Trial Court Case:            GIE036728
Court of Appeal Case:         D052932
Filing Date:         04/15/2008
Case Caption:         Grossmont Union High School District
v. Commission on Professional Competence et al.
Grossmont Union High School District : Plaintiff and
Appellant
Daniel R. Shinoff
Stutz, Artiano, Shinoff and Holtz
Klinkert, Michael :
Real Party in Interest and Respondent
atty. Fern Steiner
Tosdal, Levine, Smith & Steiner

Attorney Daniel Shinoff cases

East County
K-12 Schools

SHERBONDY VS MOUNTAIN EMPIRE UNIFIED
SCHOOL DISTRICT ITS SUPERINTENDENT
[Patrick Judd] AND BOARD OF TRUSTEES
Verdict: Shinoff loses
Case Number:   GIC866959
Case Location: San Diego
Case Type: Civil    Date Filed: 06/02/2006
Category: CU-BCW Breach of Contract/Warranty
Plaintiff/Petitioner     SHERBONDY     SUE
Defendant/Respondent    MOUNTAIN EMPIRE
UNIFIED SCHOOL DISTRICT ITS
SUPERINTENDENT AND BOARD OF TRUSTEES
Central courthouse
06/17/08 09:00AM C-47
Judge Whitney, Richard S.
Jon Vanderpool for plaintiff
Daniel R. Shinoff
(replacing Stephenie Vandreuil, who replaced
Pamela Dempsey)
Another change of judge:
07/18/08 01:30PM C-75
Judge: Strauss, Richard E. L.

Danielle Cozaihr v.
Chula Vista District
lactation case

Settled Dec. 2008
CVESD decided to appeal the verdict
won by Cozaihr, but the opening brief
was never filed. Daniel Shinoff passed
the case to his partner Jack M. Sleeth,
Jr. On December 5, 2008, parties
stipulated to dismiss the case. It would
seem that the case was settled.

Cozaihr attorneys:
C. Daniel Carroll
Mccann & Carroll
2755 Jefferson St., Suite 211
Carlsbad, CA 92008-1558

Laura J. Farris
2755 Jefferson Street
Suite 209
Carlsbad, CA 92008

Attorney fees in Roberts, Hess, et al v. Ramona USD: Why didn't Shinoff
simply settle the case?

North County Times article about Daniel Shinoff

Roberts and Hess v. Ramona
Unified School District
(re: girls softball field)

La Mesa-Spring Valley

Tsinkas v. Ramona USD

Ramon a Unified

(3)
Superintendent Ed Brand

North County
K-12 Schools

Schools defy Office of Civil Rights re Title IX

Blog posts--Grossmont UHSD

Ramona USD

Castle Park High (Sweetwater UHSD)

Dan Shinoff makes agreements with the Office of Civil Rights, then gets paid to
fight the agreements on behalf of school districts. He uses the taxpayers' deep
pockets to buy personal loyalty (and commit tortious interference) when he gives
work to other attorneys.

Central
02/18/09 08:45AM C-66
Ex Parte        GIC840369
D)JOHN PITARRESI
Daniel R. Shinoff
MIRRETT VS PITARRESI
GIC840369
Case Location: San Diego
Filed:         12/22/2004
Category: CU-PO PI/PD/WD
Plaintiff/Petitioner
MIRRETT     GORDON E[rnie]
Defendant/Respondent
PITARRESI    JOHN
Get the story straight before criticizing
Re: "Illegal is illegal," Community Voices, July 25: Mr.
Gordon Mirrett should stop listening to the right-wing
talking heads and base his thinking on facts. His
statement, "The Supreme Court, in Muehler v. Mena, has
already held that police do not need any reason (not
probable cause, not reasonable suspicion) to ask a
person about his or her immigration status," is false. The
police were legally allowed to question Ms. Mena about
her immigration status only because they had already
detained her on a possible drug charge for which they
had a legal search warrant. So perhaps Mirrett should get
his story straight before he criticizes Mr. Davis
(Community Voices, July 21).
Also, I think you will find that Mirrett was not quite right in
the New Black Panther "case." The Bush Department of
Justice decided not to pursue the New Black Panther
incident during his waning administration and the Obama
Department of Justice did likewise due to the extreme
difficulty of proving voter intimidation — so why bring that
up now? I'm sure I know the answer.
Corbet Harrison
Escondido

Larkins case summary

Maura Larkins v. Richard
Werlin, CVESD case summary

Dale Parent v. CVESD

Ana Stover v. CVESD and Lowell
Billings for politically-motivated defamation
and tortious interference.
It's no wonder this egregious case was
settled privately by CVESD and Lowell
Billings.

Case Number:
GIC871901
Case Location:      San Diego
Date Filed:         08/31/2006

Category:         CU-BT
Business Tort
Plaintiff/Petitioner
BRAND            EDWARD M

COOK            DARREL W
GALLEGO            AUGUSTINE
(USD chancellor)
LONG            DAVID L
STANZIONE            DAVID

Personal favors or just
the appearance of a
conflict of interest?

(2)
Daniel Shinoff and son of
SDCOE - JPA executive
director Diane Crosier

Diane Crosier refused to answer
questions posed by a reporter.
This lawsuit was filed by Dan Shinoff in
San Francisco on behalf of Crosier's son
Christian.
Cross complaint against Chris Crosier

04/01/09 08:45AM C-68    CV
Hayes, Judith F.

Ex Parte
37-2007-00065902-CL-BC
-CTL
C)Jeffery Essakow
Daniel R. Shinoff

ANTHONY T DITTY VS.
GEORGE HUNT
Case Number:
37-2007-00065902-CL-BC
-CTL
Location: San Diego
Date Filed:         05/01/2007
Category:         CL-BCW
Breach of Contract/Warranty

Plaintiff/Petitioner
DITTY      ANTHONY T
ESSAKOW    JEFFERY
KAGNOFF        MARCIA
MOYHI            DARUSH
RAGHAVEN      SREEN

Defendant/Respondent
HUNT            GEORGE
KAGNOFF      MARCIA C
PROPTECH INC

Governing Board Minutes – November 5, 2007

FALLBROOK UNION ELEMENTARY SCHOOL DISTRICT
MINUTES
Special Meeting
November 5, 2007

1. Members Present
Mrs. Anne Renshaw, Vice President
Mrs. Lisa Masten, Clerk
Mrs. Patty de Jong, Trustee
Mr. Pat Rusnell, Trustee
Dr. Janice Schultz, Superintendent
B. Members Absent
Dr. Maurice F. Bernier, President
C. Others Present
Various staff and community members

HEARING SESSION

This is the appropriate point in the meeting for members
of the audience to speak on matters of special concern
not on the present agenda. Mrs. Roxanne Stanley read
the following statement: “I am Roxanne Stanley. I have
absolutely no qualms about my case being discussed in
an open forum as I feel it should be. I have maintained
and vindicated by arbitration that I have done nothing
wrong so why should this case go behind closed doors
unless it is to hide conduct by others? This is not about
me any more, but as brought to light in the arbitrator’s
scathing decision paper it is about the actions of
district administrators. Administrators of conscience
and integrity would excuse themselves from the
deliberations of this case so as not to show conflict of
interest or unfairly influence the Board’s decision.
Trying the case again behind closed doors without an
advocate to defend me is not right. Thank you. Roxanne
Stanley, November 5, 2007.”

Mrs. Patty de Jong responded that even though Mrs.
Stanley had agreed to have her concerns shared in Open
Session, that it may be possible that other employees
may be mentioned during this portion of the meeting, and
that they had not given permission for this to be
discussed in Open Session.

Mrs. Anne Renshaw read the following statement: “The
purpose of the meeting is to reach a decision concerning
the recommendation to terminate Ms. Roxanne Stanley, a
permanent employee and member of the District’s
classified bargaining unit...

Village News
December 6th, 2007

FUESD bus number 76 is said by some drivers
to have had severe exhaust problems that they
feel may have endangered local children’s health.

A group of Fallbrook Union Elementary School District
(FUESD) bus drivers say the district failed to notify parents
of a situation they felt endangered the health of children
riding a certain school bus in 2004 and 2005.

Bus drivers Kathy Maebert, Roxanne Stanley
and Gaylen Brady allege that students riding
FUESD bus number 76 during those years
were exposed to significant amounts of
exhaust fumes, until the district finally
repaired the bus in June of 2005.

“A smell doesn’t mean there is a danger,” said Jim
Whitlock, assistant superintendent of personnel services at
FUESD. “It’s interesting that no children or parents have
complained about it.”

The drivers say exhaust from the bus was escaping back
into the bus through a loose shroud that provided a six-inch
passageway for the fumes to flow throughout the bus.

“If kids were getting sick, I’d know,” said Whitlock. “We
regularly check each bus in our fleet every 45 days, and we
have a newer fleet than other districts comparable to us.”

Whitlock did say that bus 76 was repaired in June of 2005,
following a driver complaint, and produced a copy of the
record that indicated the following tasks had been
completed as a result: exhaust leak repaired, (2) tires
replaced, reseal engine intake inside bus, replace decal
inside right side emergency door, steam clean, replace
clamp at turbo and replace headlight.

Stanley, who drove the bus during the time period in
question, says before the bus was repaired, she suffered a
collapsed lung in March of 2005 because of it.

“[The district] got me off the bus so I couldn’t tell the kids
[what happened],” Stanley claims. “There were things made
up to get me off the bus.”

Before driving this particular bus, Stanley says, she was a
healthy, strong individual and 2007 marks her nineteenth
year working for the elementary school district.

“What makes anyone think that some of those kids aren’t
suffering with problems [because of the exhaust leak] and
the parents think it is something else?” Stanley asks.

Stanley said some of the symptoms she and/or others with
excessive exposure to exhaust fumes experience are a
nagging cough, flu-like symptoms, chronic bronchitis,
headaches and, possibly, the onset of asthma.

Stanley claims after becoming ill and emphatically
complaining about the condition of the bus, she was
“continually harassed by supervisory personnel” and unfairly
disciplined by the District.

Brady says he distinctly remembers Stanley reporting the
problem with the bus to the transportation supervisor and
says he feels Stanley was treated unfairly because “she
asks a lot of questions.”

Other drivers of the same bus concur with Stanley’s reports.

Maebert says that, after running the bus on its morning route
one day, she informed a district mechanic, “There was an
odor in the bus.”

“He and I looked around the back interior,” she says, “and
discovered an opening along the right side to back of wall
which we were able to see sunlight through and possible
looseness around the big box on [the] righthand side in
back of [interior].

“[He] said he would seal up the openings and let me drive
the bus for the afternoon route. After closing the windows, I
[then] started to experience a severe headache along with
severe stomach cramps and [an] extremely sore throat.”

“It was horrific how sick [the bus] made me
feel,” Maebert said. “No wonder [Roxanne]
was sick.”

Another driver, Melissa Seymour, says she is
certain the same bus made her ill when she
drove it for roughly three months while
Stanley was out on medical leave.

“Every single time I drove it, which was four or five times, I
got bronchitis really bad,” said Seymour. “I’d spend three
days on that bus, then I’d be out sick for a week. It kept
making me sick. My lungs would just shut up.

“I was the senior driver, the lead driver, so I would be pulled
off my [regular] special ed route and put in [Stanley’s] bus
when she was out sick and I always had to take bus 76.

“Every time I complained about it smelling
funny, [the mechanic] told me the bus was
fine, that it was just all in my head.

“I would never tell [the kids] that they had to put the windows
up in that bus. The kids complained every time about the
smell.”

Seymour is now retired on medical disability after 23 years
on the job.

During 2004 and 2005, bus number 76 was the vehicle
used on the morning pickup and afternoon return route for
third through sixth grade students traveling from Alturas
Road to Live Oak Elementary School and seventh and
eighth grade students traveling from Camp Pendleton to
Potter Junior High.

Although the bus has since been repaired, it is no longer
used as a primary bus, Brady says. “As far as I know it is
only used, if needed, on field trips now.”

“This bus is not in regular service right now,” said Ray
Proctor, assistant superintendent. “It’s used as a substitute
bus – not for any fear of a problem, just that we like to rotate
buses due to mileage numbers.”

Brady went on to say that he has noticed that additional
precautions are being taken now in bus maintenance now
that he claims never took place before.

“They are now taking some precautionary
measures by having the mufflers cleaned on
the buses,” Brady said.

What worries these drivers most is that they feel that
parents of children who rode the bus during the problem
time are not aware of the exhaust leak.

“Who knows where all the [Camp Pendleton] kids are now?”
Brady said.

“When I asked my supervisor [at the time] if
the parents were going to be notified, I was
disciplined for insubordination,” Stanley said,
“but they have to let parents know.”

LEONA SMITH VS. GROSSMONT UNION HIGH SCHOOL
DISTRICT
37-2007-00082718-CU-OE-CTL
Case Location:         San Diego
Date Filed:         12/06/2007
Category:         CU-OE          Other employment
Church Wins Motion for Summary Judgment
Dismissing Race and Age Discrimination Case in its
Entirety

From Stutz Website
May 10, 2009
Ryan Church successfully argued a Motion for Summary
Judgment which dismissed a Plaintiff's case in its
entirety.
Plaintiff Leona Smith filed suit against the School District
alleging racial and age discrimination under FEHA.
Plaintiff maintained that she was the most qualified
applicant for a District coordinator position, and the
District’s hiring process for the position was
discriminatory. Following extensive discovery, Mr.
Church filed a Motion for Summary Judgment on behalf
of the District. The Summary Judgment was granted in
its entirety by the Court on May 1, 2009.

North County
05/22/09 09:00AM N-30
CV Nugent, Thomas P.
       Civil Case Mana
37-2008-00059232-CU-BT-
NC
D)San Diego and Imperial
Co Daniel R. Shinoff
D)Victoria De La Torre
Daniel R. Shinoff

05/29/09 08:30AM C-65
Lewis, Joan M.
Motion Hearing 37-2009-00082498-CU-PO-CTL
D)Mountain Empire School Di
Daniel R. Shinoff

05/29/09 01:30PM C-75
Strauss, Richard E. L.
Motion Hearing GIC866959
D)MOUNTAIN EMPIRE UNIFIED S
Daniel R. Shinoff

San Dieguito

from Stutz website
Shinoff and Abed Win National Origin Discrimination
Suit
May 05, 2009

Partners Daniel R. Shinoff and Gil Abed obtained a
defense verdict for their client, Escondido Union High
School District. The Plaintiff sued the District
claiming, among other things, national origin
discrimination and harassment, and retaliation.

She also claimed that she was being retaliated against
because of her national origin. Mr. Shinoff and Mr. Abed
successfully argued that plaintiff's complaints were not
on the basis of race but rather disputes between
employees who did not get along. Upon hearing the
arguments, the Court found in favor of the School
District in that there was no discrimination, harassment
or retaliation. Furthermore, the Court held that the
Plaintiff did not suffer any adverse employment action.

GIN054358            ESCONDIDO UNION HIGH SCHOOL
DISTRICT              DIXON, PATSY              North County
        Civil              07/26/2006

GIN050565          ESCONDIDO UNION HIGH SCHOOL
DISTRICT           DIXON, PATSY A           North County
   Civil           02/16/2006

GIN049294
ESCONDIDO UNION HIGH SCHOOL DISTRICT
CHAVEZ, ROBERT           North County           Civil
12/15/2005

37-2009-00054159-CU-OE-NC
ESCONDIDO UNION HIGH SCHOOL DISTRICT
04/27/2009

37-2007-00052268-CU-OE-NC          ESCONDIDO
UNION HIGH SCHOOL DISTRICT           GALLEGOS,
FRANCES           North County           Civil
04/27/2007

Case Title:            SHIRLEY REHKOPF VS ESCONDIDO
UNION SCHOOL DISTRICT
Case Number:           GIN017274
Case Location:         North County
Date Filed:         09/25/2001
Category:         CU-OE         Other employment
HUGHES            DAVID        Defendant

Case Title:          STEVEN BAKER vs ESCONDIDO
UNION HIGH SCHOOL DISTRICT
Case Number:           GIN005157
Case Location:         North County
Case Type:         Civil
Date Filed:         05/15/2000
Category:         A60508         Libel
Defendant/Respondent ARNER            JAYME

Case Title:            STICHTER vs ESCONDIDO UNION
HIGH SCHOOL DISTRICT
Case Number:           GIN004476            Case Location:
     North County
Date Filed:         04/13/2000
Category:         A60614         Other Civil Complaint
Plaintiff/Petitioner
STICHTER            BLANCA            P
Defendant/Respondent
D'AMELIO            JOHN
GROSSO            PAMELA
MORASCO            MICHAEL
ORTIZ            BEATRIZ
PARKS            DAVID
RAMIREZ            CELIA A
SAN DIEGO COUNTY OFFICE OF EDUCATION
SNOWDER            CHARLIE
WARNER            BEATRICE

Voice of San Diego article about Daniel Shinoff

08/17/09 10:30AM C-24
Enright, Kevin A.
Settlement Conf
37-2008-00095153-CU-W
T-CTL
D)Darnall Charter School
Daniel R Shinoff

North County
08/14/09 01:30PM N-27
CV Stern, Jacqueline M.
      Motion Hearing
37-2007-00052268-CU-OE
-NC      D)Escondido
Union High Scho Daniel R
Shinoff

List of School Districts

Lawyers

W hy this website

H ome

S ite Map

David Alberts case
Parent jailed for complaining about coach
(Compare to Michael Lee case in Conejo Valley), in
which the court ruled that parents and students
are not required to be silent.

Hazing by Santana coach
Jacob Clark-Schirmer v. GUHSD

Central
09/15/09 01:30PM C-64
Nevitt, William R. Jr.         Ex Parte
37-2008-00095232-CU-WT-CTL
D)Ramona Unified School Dis
Daniel R Shinoff
09/18/09 09:30AM Trial Readiness

San Marcos Unified

Scotty Eveland v. San Marcos
North County
04/08/11
Nugent, Thomas P.
Summary Judgmen
37-2008-00091303-CU-PO-NC
D)San Marcos Unified School
Daniel R Shinoff

09/14/09 09:00AM N-28
Maas, Earl H. III
Status Conferen 37-2008-00091303-CU-PO-NC
D)San Marcos Unified School
Daniel R Shinoff
North County
09/09/2008
Plaintiff/Petitioner
EVELAND            SCOTT
Defendant/Respondent
CITY OF SAN MARCOS
SAN MARCOS UNIFIED SCHOOL DISTRICT
ALL AMERICAN SPORTS CORPORATION
EASTON-BELL SPORTS INC
RIDDELL SPORTS INC
VARSITY BRANDS INC

Solana Beach

Motion to Adjourn into Closed Session at 6:
08 p.m.
CONFERENCE WITH LEGAL COUNSEL –
PENDING
LITIGATION Subdivision (a) of Government
Code Section §54956.9
Name of Case: Ka.D. v. Solana Beach
School District, et. al.
U.S. District Court Case No. 08 CV 0622
JLS POR
In Attendance:
Leslie Fausset, Superintendent
Mary Ellen Nest, Director of Pupil Services
Jonathan Read, District Counsel -
Fagan, Friedman, Fulfrost
Dan Shinoff, District Counsel - Stutz,
Artiano, Shinoff & Holtz
Motion Busby
Second Schade
Unanimous

Board of Education
Minutes of Special Board Meeting
Thursday, December 11, 2008

San Diego Community
College District

See more community colleges below.

Community
Colleges

Farahani v. San Diego Cmty. College Dist.
No. D054087
July 29, 2009

Trial court order granting plaintiff's petition for writ of
mandate to require defendant to reinstate plaintiff with full
back pay, interest and benefits and requiring its governing
board to determine whether plaintiff should be terminated
is affirmed where: 1) the court properly ruled that the
Agreement between the parties was invalid and
unenforceable, and violated Education Code sec. 87485
and plaintiff's due process rights; and 2) the court did not
abuse its discretion in rejecting defendant's laches and
unclean hands defense, and in finding that the exhaustion
of remedies doctrine did not apply.

Read Farahani v. San Diego Cmty. College Dist., No.
D054087 in PDF

Read Farahani v. San Diego Cmty. College Dist., No.
D054087 in HTML

Appellate Information
APPEAL from a judgment of the Superior Court of San
Diego County, Joan M. Lewis, Judge. Affirmed.
FOURTH APPELLATE DISTRICT, DIVISION ONE
Filed July 28, 2009

Judges
Before: McINTYRE, J., BENKE, Acting P.J., HUFFMAN, J.
Opinion by McINTYRE, J.

Counsel
For Plaintiff: Grady and Associates, Dennis M. Grady,
Kenneth W. Baisch, and Bradley K. Moores.

For Defendant: Stutz Artiano Shinoff & Holtz, Ray J. Artiano
and Richard E. Romero.

GCCCD

MiraCosta College

(see top of this page)

Insurance company pays $250K to settle
football lawsuit
February 7, 2001
ADAM KAYE

The San Dieguito Union High School District and its
insurance company have agreed to pay $250,000 to
settle in mid-trial a lawsuit brought by a former La Costa
Canyon High School football player against the school
district and three equipment suppliers.

Attorneys from all sides agreed upon the settlement on
Thursday, according to Vista Superior Court records.

Robert "Bobby" Rodriguez and his family sued over head
injuries Rodriguez allegedly suffered during a junior
varsity football game on Nov. 13, 1998, when the youth
was 15 years old.

The family sought $50 million in damages.

The settlement dismisses the litigation against the school
district, Athletic Helmet Inc., face-guard maker Schutt
Manufacturing Co. and equipment supplier Gunther's
Athletic Service, said Dan Shinoff, an attorney
representing the school district.

The San Dieguito district's insurance carrier will incur the
cost of the settlement and will cause "no direct damage"
to the school district's budget, Shinoff said.

Jurors were told the trial before Judge Thomas Nugent
could last five weeks. It ended, however, on its eighth
day.

"The (Rodriguez) family decided they were not going to
pursue (the case) any further," Shinoff said. "It's my
personal belief they began to recognize it was a very,
very marginal case against the school district and its
staff."

Colin Cossio, the attorney representing the Rodriguez
family, has not returned repeated calls to discuss the
case.

Rodriguez continues to suffer "very profound injuries,"
Shinoff said, including partial blindness, speech and
cognitive damage.

Rodriguez's conditions probably will affect him for the rest
of his life, Shinoff said.

During the trial's opening arguments on Jan. 23, both
sides agreed that on the day of the game against Torrey
Pines High School, Rodriguez suffered a subdural
hematoma, or bleeding between the skull and the brain.

Rodriguez's attorney argued that the football team's
equipment manager was inexperienced and gave the boy
a helmet that didn't fit; that Rodriguez also didn't receive
swift treatment when he complained of headaches during
the game; and that the school district's equipment
supplier, Gunther's Athletic Service, did not follow national
guidelines applied toward reconditioning helmets,
rendering the headgear defective.

Attorneys for the equipment companies said Rodriguez
suffered from pre-existing conditions and the boy's
medical history contributed to his head injury.

Jeff Morris, an attorney for the school district, argued that
there was no delay in treating Rodriguez when he
collapsed during the game.

Lesbian teacher settles discrimination lawsuit
The Associated Press
Friday May 24, 2002

OCEANSIDE – A high school teacher who claimed she
was harassed and denied a promotion because she is a
lesbian has settled her lawsuit against the Oceanside
Unified School District.

The district will pay Dawn Murray more than $140,000 and
provide its employees with annual sensitivity training on
issues of sexual orientation discrimination, the Lambda
Legal advocacy group said Thursday.

Murray also resigned as part of the settlement, the district’s
lawyer Daniel Shinoff said.

Murray, a biology teacher at the school for nearly 20 years
and winner of national teaching awards, said she was
denied a promotion to director of student activities and
suffered ongoing harassment by her colleagues at the
2,000-student school north of San Diego.

Colleagues accused her of having sexual encounters with
another teacher on campus during school hours, she said,
and her classroom was vandalized. While she told some
colleagues she is gay, Murray complained that an
unwelcome “outing” in front of staff opened her up to verbal
attacks.

Murray said she was threatened with disciplinary action
when she complained.

An appellate court ruled in April 2000 that Murray had the
right to sue the district for discrimination under a 1999
amendment to the Fair Employment and Housing Act. The
state Supreme Court upheld the ruling in August 2000.

In a statement, Murray said she hoped the case would
show other school districts “if they respond to harassment
in an inappropriate way, we will stand up, the laws will
protect us, and they will be made to stop.”

“Young people learn from adult behavior, and it was
important to wage this fight to show students all people
have to be treated fairly,” she said.

Shinoff said the district’s insurance carrier would pay the
settlement deal. He said the district, however, continues to
maintain that “anything that occurred was not the result of
discrimination based on her sexual orientation.”

Gabriel, a minor v. SMUSD

School Did Not Violate Boy's Civil Rights
During Restraints, Jury Says
By Dave Reynolds, Inclusion Daily Express
April 3, 2003

VISTA, CALIFORNIA--A jury ruled Wednesday that San
Marcos school employees did not violate the civil rights of
an 8-year-old boy when they forcibly restrained him in his
special education classroom, the San Diego Tribune
reported.

The decision ends a four-week trial stemming from a
lawsuit filed by the boy's mother against the San Marcos
Unified School District. Neither the mother nor the son
were identified in the news report.

Jurors heard that the boy, who has developmental
disabilities, was restrained by special education teachers
and aides face down on the floor or was taken by force
from the classroom 145 times over a six-month period in
2000.

The boy's mother bristled when lawyers for the school
district said her son was "out of control" and "extremely
psychotic."

School officials said that the boy was loud and obnoxious,
he refused to cooperate with staffers and often soiled his
pants. At times he threatened to throw his feces at
teachers, aides and fellow students, school officials said.

"He's not a monster," the mother said outside the
courtroom. "He's not a psychotic crazed animal. He's a
sweet, special boy."

Her lawyer said jurors told him privately that they didn't
approve of the way the boy was treated, but were
concerned about hurting school finances.

The mother said the lawsuit was not about money. "It was
about the way they treated my son," she explained.

Lost cash more than admitted, suit says
Ex-cheer coach accused of taking over $55,000
San Diego Union Tribune
By Chris Cadelago
August 9, 2006

RANCHO SAN DIEGO – The amount of money missing
from the Valhalla High School cheerleading program is
much according to a lawsuit filed by the Grossmont Union
High School District.

The lawsuit states that Bobbie Norby, 47, of El Cajon took
more than $55,000 in less than three years of working for
the district as cheer adviser and gymnastics coach.

Norby has yet to list a lawyer on court papers, or respond
to the district's complaint. She did not return repeated
calls for comment yesterday. However, she disputes the
district's dollar figure, stating “dollar amount is incorrect”
on a signed court form.

In a signed May 11 statement, Norby admitted cashing or
depositing seven checks made out to the cheer program
into her own personal bank accounts. The statement, in
which she estimates taking $10,000 to $15,000, was part
of a report compiled by private investigator Robert Price,
who was hired by the district's lawyers.

The full report was obtained by The San Diego Union-
Tribune through a public information request.

“I will do everything I can to repay the money,” reads the
statement, which is Exhibit A in the district's lawsuit. “I will
also help in any way I can to account for the money that I
have stolen and the money I have received from Valhalla
Cheer this year.”

The Sheriff's Department is still investigating the case and
Norby has not been arrested or charged with a crime.
Detective Bob Niderost said last week that Norby's
admission is “not enough proof.”

In the civil suit, filed in mid-May, the district accuses Norby
of fraud and deceit, breach of contract and unjust
enrichment. Its lawyers are asking for full reimbursement,
including all legal fees.

“I am surprised that I haven't heard anything from her yet,”
said Daniel Shinoff, the school district's lawyer. “Her time
is running out.” No date has been set for the first meeting,
but if Norby doesn't respond soon, the district will win by
default, he added.

Norby worked for the district from about 2003 to spring
2006, according to the suit. She was considered a district
employee but classified as a volunteer who received a
stipend. From 2005 to 2006, she received stipends
totaling $1,614, records show.

Team officials in January noticed almost all of the money
in the cheer program's account had gone missing.
Valhalla's head cheer coach pitched in for one event in
Anaheim, but the team's next event at Universal Studios in
Los Angeles, which parents had already paid for, was
canceled.

“This is sad because it's the girls that had to suffer
because of this,” cheer mom Noreen Wilson of El Cajon
said yesterday.

There was a similar case in Chula Vista Elementary
School District, but Daniel Shinoff represented clients who
were friends of the embezzler, Kimberlee Simmons.

Sarquilla--Shinoff disputes where she lives

Here's what yesterday's San Diego Union Tribune article
by Bruce Lieberman says:

"Called “basic aid” school districts, they are funded by
property taxes because those revenues are higher than
the per-pupil funding they would otherwise receive from
the state.

"Because the amount of money that basic aid districts
receive is unrelated to enrollment, those districts often go
to great lengths to make sure students live within their
boundaries.

"In Sarquilla's case, the Solana Beach district hired a
private investigator to follow the mother and her children to
try to confirm where they live.

"'What this district did, as many school districts do if there
is a question of residency, is they'll use the services of a
private investigator. That's not uncommon,' said Dan
Shinoff, the district's attorney...

"At the district's request last summer, Sarquilla provided a
copy of her rental agreement and a utility bill. But the
agreement covered only July 2007, and her utility bill for
that month was only $11.80.

“To me, it looks as though these folks left the district and
just didn't want to say they left the district,” Shinoff said.

"The district's private investigator, meanwhile, has
determined that Sarquilla and her children do not live in
the South Nardo Avenue apartment complex, Shinoff said.
As for the utility bill, Shinoff said: “She got the best deal in
America.”

"Sarquilla said she rents on a month-to-month basis, so
the rental agreement she provided last summer reflected
that. Her utility bill – more recent ones she has submitted
are about as low – is not proof that she and her children
do not live there, she said.

"'Questioning the amount of my SDG&E bill is ridiculous,
and it infuriates me,' Sarquilla said.

"Sarquilla has since submitted to the district a letter from
the manager of her apartment complex, along with a
ledger of rental payments that suggest that she has paid
rent there since June 2003.

"Shinoff said that Sarquilla's documentation has been
confusing but that the ledger does appear to support her
claim of residency.

"'The payment ledger and what the resident manager has
to say might . . . determine the whole issue,'he said. 'If
she's living there, then she's living there, and if the kids
are living there, then they're living there. It shouldn't be any
great issue.'"

Fallbrook High School District seems to be having free
speech issues similar to Poway's. The ACLU is suing
Fallbrook to protect the right of students to express their
views in student newspapers.

ACLU sues Fallbrook High School
over free speech issues
By Bruce Lieberman
SAN DIEGO UNION-TRIBUNE
November 11, 2008

The American Civil Liberties Union has sued the
Fallbrook Union High School District, charging that
Fallbrook High's principal violated the free speech of
students when he censored two articles, axed the
newspaper's faculty advisor position, cut the journalism
class and killed publication of the Tomahawk
newspaper...

The lawsuit is demanding that the high school district
restore the journalism class and reinstate its advisor,
Dave Evans. The ACLU is also asking for a court order
prohibiting school or district officials from censoring future
publication of the articles killed last school year.

One of the articles, scheduled for publication last
November, suggested that former district Supt. Tom
Anthony had hesitated to open Fallbrook High as an
evacuation center during the October 2007 fires.

The second article, scheduled for publication last May,
was an editorial that had criticized the Bush
administration's support for teaching abstinence in the
public schools.

The district's attorney, Dan Shinoff, has said that Fallbrook
High principal Rod King was concerned that the first
article contained factual inaccuracies. As for the second
piece on abstinence, King was concerned that its tone
and language suggested that it was likely written by an
adult and not a student as claimed, Shinoff said. The
student whose byline appeared on the unpublished
editorial has insisted that she alone wrote the piece.

[Blogger's note: A good student in high school writes like
an adult, especially if she revises a piece a couple of
times. The principal knows this very well. His excuse for
censoring the editorial is not credible. Shame on the
principal for denying that the girl spoke the truth when she
said that she wrote the essay by herself. He's making up
an accusation simply to justify his arbitrary and illegal
action.]

Shinoff has said further that the district's decision to
cancel the journalism program predated much of the
controversies over the Tomahawk and was due entirely to
state budget cut..s.

Central
10/30/09 04:00PM C-66
CV Hayes, Charles R.
           Demurrer / Moti
37-2009-00082579-CU-O
E-CTL     D)Mountain
Empire Unified S Daniel
R Shinoff
10/30/09 04:00PM C-66
CV Hayes, Charles R.
         Demurrer / Moti
37-2009-00082579-CU-O
E-CTL     D)Paul Mallon
            Daniel R Shinoff


South County
11/03/09 08:30AM S-04
CV Cannon, William S.
         Civil Case Mana
37-2009-00073051-CU-O
E-SC      D)Sweetwater
Union High Sch Daniel R
Shinoff

10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
         Motion Hearing
37-2009-00082498-CU-P
O-EC      D)Mountain
Empire School Di Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
         Motion Hearing
37-2009-00082498-CU-P
O-EC      D)Mountain
Empire Unified S Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
         Demurrer / Moti
37-2009-00082498-CU-P
O-EC      D)Mountain
Empire School Di Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
         Demurrer / Moti
37-2009-00082498-CU-P
O-EC      D)Mountain
Empire Unified S Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
         Civil Case Mana
37-2009-00082498-CU-P
O-EC      D)Mountain
Empire School Di Daniel
R Shinoff
10/30/09 09:00AM E-14
CV Sturgeon, Eddie C
         Civil Case Mana
37-2009-00082498-CU-P
O-EC      D)Mountain
Empire Unified S Daniel
R Shinoff
10/30/09 11:00AM E-14
CV Sturgeon, Eddie C
         OSC - Why Case
GIE036454
D)JOSE ISREAL
QUINONES      Daniel R
Shinoff
10/30/09 11:00AM E-14
CV Sturgeon, Eddie C
         OSC - Why Case
GIE036454
D)NATIONAL SCHOOL
DISTRICT Daniel R
Shinoff

BOONE v. CARLSBAD
COMMUNITY CHURCH ET
AL

• TO ET AL v. POWAY
UNIFIED SCHOOL
DISTRICT ET AL (Oct 2007)

• KEARNEY v. FOLEY &
LARDNER, ET AL (May
2007)

TO ET AL v. POWAY
UNIFIED SCHOOL
DISTRICT ET AL (Oct 2007)

• OLLIER ET AL v.
SWEETWATER UNION
HIGH SCHOOL DISTRICT
ET AL (Apr 2007)

SCHOOL DISTRICT ET AL
(Jan 2007)

• PETERS, ET AL v.
GUAJOME PARK
ACADEMY, ET AL (Nov
2006)

• ALMENDAREZ v.
MIRACOSTA COLLEGE ET
AL (Oct 2006)

• PINNOCK ET AL v.
TWENTY FOUR HOUR
FOOD STORES ET AL (Sep
2006)

• SORNIA v. EL CENTRO
ELEMENTARY, ET AL (Sep
2006)

• JOE BABAKANIAN v.
INTERNATIONAL HOUSE
OF PANCAKES INC ET AL
(Feb 2005)

Federal cases

Boone v. Carlsbad
Community Church (Jun
2008)

• Houston v. Encinitas
Union School Dist. (May
2008)

• Sornia v. El Centro
Elementary School Dist.
(Apr 2008)

• Hess v. Ramona Unified
School Dist. (Mar 2008)

• Houston v. Encinitas
Union School Dist. (Jan
2008)

• Hess v. Ramona Unified
School Dist. (Sep 2007)

• Hess v. Ramona Unified
School Dist. (Sep 2007)

• Crawford v. San Dieguito
Union School Dist. (Sep
2006)

• Harper v. Poway Unified
School Dist. (Apr 2006)

• Noyes v. Grossmont
Union High School Dist.
(Jun 2004)

State cases

Brennan v. Anaheim Union
High School Dist. (Sep
2007)

• Shirk v. Vista Unified
School Dist. (Aug 2007)

• Austin B. v. Escondido
Union School Dist. (Apr
2007)

• Carter v. Escondido Union
High School Dist. (Mar
2007)

• Manderville v. PCG & S
Group, Inc. (Jan 2007)

• Hodge v. Poway Unified
School Dist. (Oct 2006)

• McCallum v. Carlsbad
Unified School Dist. (Jan
2006)

• Ramona Unified School
Dist. v. Tsiknas (Dec 2005)

• Thomas P. v. Fallbrook
Union Elementary School
Dist. (Jul 2005)

• Rodriguez v. McCabe
Union School Dist. (Apr
2005)

East County
11/20/09 10:30AM E-14
CV Sturgeon, Eddie C
      Civil Case Mana
37-2009-00082498-CU-PO
-EC      D)Mountain Empire
School Di Daniel R Shinoff

11/20/09 10:30AM E-14
CV Sturgeon, Eddie C
      Civil Case Mana
37-2009-00082498-CU-PO
-EC      D)Mountain Empire
Unified S Daniel R Shinoff

02/11/10 09:00AM C-64
CV Nevitt, William R.
JUDY BRYANT VS.
RAMONA UNIFIED
SCHOOL DISTRICT
Case Number:
37-2008-00095232-CU-
WT-CTL       San Diego

Date Filed:
11/03/2008
Category:         CU-WT
     Wrongful Termination
Daniel R Shinoff

02/11/10 10:30AM C-68
CV Hayes, Judith F.
         Motion Hearing
37-2007-00074942-CU-O
E-CTL
Bruce Borad v.
Grossmont Union High
Scho
Daniel R Shinoff

02/18/10 08:30AM C-63
CV Vargas, Luis R.
       Ex Parte
37-2008-00087380-CU-N
P-CTL     D)Heather
Hargett           Daniel R
Shinoff

02/19/10 08:30AM C-63
CV Vargas, Luis R.
       Civil Jury Tria
37-2008-00087380-CU-N
P-CTL     D)Heather
Hargett           Daniel R
Shinoff

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

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

Sweetwater Union High School
District

Sweetwater UHSD Title IX case

Ollier v. Castle Park High School

Case Title:            MARK ANDERSON VS.
SWEETWATER UNION HIGH SCHOOL DISTRICT
Case Number:           37-2009-00073051-CU-OE-SC
         Case Location:         South County
Case Type:         Civil           Date Filed:         01/08/2009
Category:         CU-OE         Other employment

CTA and Southwestern College

Southwestern College

Southwestern College

Sweetwater Union High
School District

Bratcher vs. Poway Unified School
District, et al.
Case No.: GIN012573
Judge: Honorable Lisa Guy-Schall
Plaintiff Counsel: Jeffrey S. Bakerink, Esq., Law Office of
J. Douglas Jennings
Defense Counsel: John T. Farmer, Esq. and Susan I
Filipovic, Esq. of Farmer & Case for defendant Ralph
Bernal and Daniel R. Shinoff, Esq. and Jeffrey A. Morris,
Esq. of Stutz, Gallagher, Artiano, Shinoff & Holtz for
defendant Poway
Unified School District
Type of Incident:: Plaintiff, a teaching aide, claims
she sustained severe physical and emotional
injuries when she was subjected to sexual
harrassment from deft. Bernal, a teacher at
PUSD. She further claimed she was subjected to
retaliation by PUSD and her employment was
constructively terminated in violation of public
policy. She claimed medicals to date of
$90,893.95, future medicals of $721,000, lost
earnings of $36,000, requested an award of
general damages of “between $25,000 and
$25,000,000” and a finding of malice and
oppression for purposes of a punitive damage
award against deft. Bernal.
Settlement Demand: $800,000, raised to
$1,7000,000
Settlement Offer: $100,000 from deft Bernal (CCP
998) and $25,000 from deft. PUSD
Trial Type: Jury
Trial Length: 7 weeks, jury out appx. 5 hours
Verdict: Defense

Fred Kamper case

Central
02/26/10 09:00AM C-64
CV Nevitt, William R. Jr.
   Status Conferen
37-2008-00095232-CU-W
TSchool Dis Daniel R
Shinoff

East County
02/25/10 08:30AM E-14
                            Ex Parte

37-2009-00082498-CU-P
O-EC      D)Mountain
Empire School Di Daniel
R Shinoff

02/26/10 10:30AM E-14
CV Sturgeon, Eddie C
     Civil Case Mana
37-2009-00068439-CU-PA
-EC      D)Charles Peter
Neilsen           D)Ramona
Unified School Dis Daniel
R Shinoff

05/24/10 09:00AM C-75
CV Strauss, Richard E. L.

Civil Jury Trial
37-2009-00085480-CU-BC
-CTL
SOVAL LLC VS. SAN
DIEGUITO UNION HIGH
SCHOOL DISTRICT
Case Location:         San
Diego
Date Filed:
03/18/2009
Category:         CU-BCW
     Breach of
Contract/Warranty
D)SAN DIEGUITO UNION
HIGH S Daniel R Shinoff


North County
05/13/10 01:30PM N-21
CV Pressman, Joel M.

Settlement Conf
37-2009-00054392-CU-P
O-NC
D)Oceanside Unified
School
Daniel R Shinoff

05/14/10 01:30PM N-29
CV Dahlquist, Robert P

Demurrer / Moti
37-2010-00050825-CU-O
E-NC
D)Escondido Union
High Scho
Daniel R Shinoff

East County
05/11/10 10:00AM E-21
CV
Settlement Conf
37-2009-00068439-CU-PA
-EC
D)Charles Peter Neilsen

D)Ramona Unified
School Dis
Daniel R Shinoff

East County
05/21/10 10:30AM E-15
CV Trapp, Randa
     Civil Case Mana
37-2008-00102526-CU-P
O-EC      C)Julian Unified
School Dis Daniel R
Shinoff
05/21/10 10:30AM E-15
CV Trapp, Randa
     Civil Case Mana
37-2008-00102526-CU-P
O-EC      C)Julian Union
High School Daniel R
Shinoff

Central
05/14/10 09:00AM
C-75    CV Strauss,
Richard E. L.
Civil Jury Tria
37-2009-00085480-CU
-BC-CTL     D)SAN
DIEGUITO UNION
HIGH S Daniel R
Shinoff
SOVAL LLC VS. SAN
DIEGUITO UNION
HIGH SCHOOL
DISTRICT
Case Number:
37-2009-00085480-CU
-BC-CTL            Case
Location:         San
Diego
Case Type:         Civil
         Date Filed:
03/18/2009
Category:
CU-BCW         Breach
of Contract/Warranty

North County
05/14/10 01:30PM
N-29    CV Dahlquist,
Robert P
Demurrer / Moti
37-2010-00050825-CU
-OE-NC
D)Escondido Union
High Scho Daniel R
Shinoff

East County
05/14/10 10:00AM
E-14    CV Sturgeon,
Eddie C              Trial
Readiness
37-2009-00082498-CU
-PO-EC
D)Mountain Empire
School Di Daniel R
Shinoff
05/14/10 10:00AM
E-14    CV Sturgeon,
Eddie C              Trial
Readiness
37-2009-00082498-CU
-PO-EC
D)Mountain Empire
Unified S Daniel R
Shinoff
05/21/10 10:30AM
E-15    CV Trapp,
Randa
Civil Case Mana
37-2008-00102526-CU
-PO-EC      C)Julian
Unified School Dis
Daniel R Shinoff
05/21/10 10:30AM
E-15    CV Trapp,
Randa
Civil Case Mana
37-2008-00102526-CU
-PO-EC      C)Julian
Union High School
Daniel R Shinoff

Shirk v. VUSD
Delayed claim regarding sex abuse
by teacher

CASE 2:
DANTE CALAFATO VS. POWAY UNIFIED
SCHOOL DISTRICT
37-2009-00092112-CU-PO-CTL
Case Location: San Diego
Date Filed:         06/16/2009
Category:         CU-PO         PI/PD/WD - Other
Plaintiff also: D A LEWIS CONSTRUCTION INC
Defendant/Respondent
POWAY UNIFIED SCHOOL DISTRICT
D A LEWIS CONSTRUCTION, INC
ECHO PACIFIC CONSTRUCTION INC
05/25/10 08:30AM C-69      Ex Parte
Daniel R Shinoff

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

KRISTIN THOMAS VS. POWAY UNIFIED
SCHOOL DISTRICT
Case Number:
37-2009-00091306-CU-PO-CTL
Case Location:         San Diego
Date Filed:         06/05/2009
Category:         CU-PO         PI/PD/WD - Other
05/26/10 08:15AM C-64 Ex Parte
D)Poway Unified School Dist
Daniel R Shinoff

Lawsuit abuse by school attorneys?

South County
K-12 Schools

06/06/08 01:30PM N-31
  Guy-Schall, Lisa

Motion Hearing
Daniel R. Shinoff

LELANY WELLS VS. MOUNTAIN EMPIRE
SCHOOL DISTRICT
06/21/10 E-14    Sturgeon, Eddie Civil Jury
Tria
37-2009-00082498-CU-PO-EC
D)Mountain Empire School Di
Daniel R Shinoff

08/14/09 09:30AM C-66
Hayes, Charles R.
37-2009-00082579-CU-OE-CTL
D)Mountain Empire Unified
D)Paul Mallon
Daniel R Shinoff
This case has a new judge:
Central
01/21/11 08:30AM C-66
Pressman, Joel M.
Status Conferen
37-2009-00082579-CU-OE-CTL
D)Mountain Empire Unified S
D)Paul Mallon
Daniel R Shinoff

Central
09/03/10 09:40AM C-70    CV
Bloom, Jay M.                  Civil
Case Mana
37-2010-00074677-CU-PT
-CTL     P)Sweetwater Union
High Sch Daniel R Shinoff
09/03/10 09:40AM C-70    CV
Bloom, Jay M.                  OSC -
Why Case
37-2010-00074677-CU-PT
-CTL     P)Sweetwater Union
High Sch Daniel R Shinoff

East County
09/03/10 09:00AM E-14    CV
Sturgeon, Eddie C
Demurrer / Moti
37-2010-00065496-CU-PA
-EC      D)Lakeside Union
School Dis Daniel R Shinoff

Central
10/29/10 09:45AM
C-64    CV Nevitt,
William R. Jr.
Trial Readiness
GIC871766
   D)CAJON VALLEY
UNION SCHOOL
Daniel R Shinoff

The Eric M. Case continues in December
2010 with a new judge: Central 12/15/10 C-64
  Nevitt, William R. Jr.         Ex Parte
GIC871766    D)CAJON VALLEY UNION SCHOOL
Daniel R Shinoff
Trial in 2011
03/11/11 09:00AM Nevitt, William R. Jr.
Civil Jury Tria GIC871766                      D)CAJON VALLEY
UNION SCHOOL Daniel R Shinoff

37-2008-00065857-CU-OE-EC
10/29/09 10:00AM Settlement Conf
D)Kamran Azimzaden
D)Lakeside Union School Dis
D)Norman Lumpkin
D)Patricia Curlee
Daniel R Shinoff
03/07/11 09:00AM E-14
Sturgeon, Eddie C
East County             Civil Jury Trial

North County
10/29/10 11:00AM
Stern, Jacqueline M.
OSC - Failure t 37-2010-00056390-CU-WT-NC
D)Escondido Union High Scho
Daniel R Shinoff

10/29/10 01:30PM
Dahlquist, Robert P            Motion Hearing
37-2010-00050825-CU-OE-NC
D)Escondido Union High Scho Daniel R Shinoff

11/02/10 08:30AM N-27    CV Stern, Jacqueline
M.           Fee Waiver Hear
37-2009-00054159-CU-OE-NC      D)Escondido
Union High Scho Daniel R Shinoff

North County
01/14/11 09:15AM N-27    CV Stern, Jacqueline
M.           Civil Case Mana
37-2010-00056390-CU-WT-NC      D)Escondido
Union High Scho Daniel R Shinoff

Central
04/04/11 11:00AM
Dato, William S.               Trial Readiness
37-2009-00104663-CU-PO-CTL
C)Poway Unified School Dist
Ryan L Church

2nd witness says Scotty Eveland complained
of headaches before collapse
By J. Harry Jones
SDUT
January 15, 2011
[See related case: what happens when a coach tries to
protect a student's health?]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

During her deposition, Bingen also testified that Principal
Brad Lichtman, Gommel and an assistant football coach
told her and others to not talk about the case with lawyers
or the media. An attorney for the school district said that
never happened, and Sattes didn’t address that issue in
his deposition.

Shinoff Oct 2010 cases
North County
10/22/10 08:30AM N-07
CV
Hearing on Rest
37-2010-00059709-CU-H
R-NC      P)Oceanside
Unified School Daniel R
Shinoff

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

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

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

East County
01/28/11 10:30AM E-14
   CV Sturgeon, Eddie C
             Civil Case
Mana
37-2010-00065496-CU-
PA-EC      D)Lakeside
Union School Dis Daniel
R Shinoff

Central
02/04/11 09:00AM C-75    CV
                          Motion Hearing
37-2010-00069645-
CU-PO-CTL     D)La
Mesa-Spring Valley Sch Daniel
R Shinoff
02/04/11 09:00AM C-75    CV
                          Motion Hearing
37-2010-00069645-
CU-PO-CTL     D)La
Mesa-Spring Valley Sch Daniel
R Shinoff

1) Poway loses Donovan decision
70-page decision written by federal judge; Gay
Students Win $300,000 For School’s "Deliberate
Indifference" to Harassment

Shinoff loses Harper v. Poway
free speech case

Poway allowed abuse of gay students (Donovan
case), but then turned around and denied an
anti-gay student the right to wear a t-shirt
expressing his religious views (Harper case).
The law says it's okay to express one's views, but
it's not okay to abuse and attack fellow students.

Poway loses a second free speech case
Johnson v. Poway
(Education Reform Report)

North County
03/17/11 09:00AM N-30
CV                                Ex
Parte
37-2008-00091303-CU-P
O-NC      D)San Marcos
Unified School Daniel R
Shinoff

East County
03/17/11 09:00AM E-14
CV Sturgeon, Eddie C
  Civil Jury Tria GIE029351
                  D)GOVERNING
BOARD OF THE GR Daniel
R Shinoff
03/17/11 09:00AM E-14
CV Sturgeon, Eddie C
  Civil Jury Tria GIE029351
                  R)GROSSMONT
UNION HIGH SCHO Daniel
R Shinoff
03/17/11 09:00AM E-14
CV Sturgeon, Eddie C
  Civil Jury Tria GIE029351
                  R)JAN BRANNEN
              Daniel R Shinoff

03/17/11 09:00AM E-14
CV Sturgeon, Eddie C
  Civil Jury Tria GIE029351
                  D)ROBERT
CORNELIUS          Daniel R
Shinoff
03/17/11 09:00AM E-14
CV Sturgeon, Eddie C
  Civil Jury Tria GIE029351
                  R)SCOTT
PATTERSON           Daniel R
Shinoff
03/17/11 09:00AM E-14
CV Sturgeon, Eddie C
  Civil Jury Tria GIE029351
                  D)STEVEN
SONNICH            Daniel R
Shinoff
03/17/11 09:00AM E-14
CV Sturgeon, Eddie C
  Civil Jury Tria GIE029351
                  D)TERRY RAY
          Daniel R Shinoff
03/17/11 09:00AM E-14
CV Sturgeon, Eddie C
  Civil Jury Tria GIE029351
                  D)TERRY RYAN
            Daniel R Shinoff
03/18/11 01:30PM E-14
CV Sturgeon, Eddie C
  Demurrer / Moti
37-2010-00065496-CU-PA
-EC      D)Lakeside Union
School Dis Daniel R Shinoff

03/18/11 01:30PM E-14
CV Sturgeon, Eddie C
  Civil Case Mana
37-2010-00065496-CU-PA
-EC      D)Lakeside Union
School Dis Daniel R Shinoff

03/22/11 08:30AM E-14
CV                                Ex
Parte
37-2008-00093763-CU-P
O-EC      D)Grossmont
Union High Scho Daniel R
Shinoff

Del Mar Union School District
From the district's website:
Christina Dyer letter

Del Mar Union

CHARLENE LEMONS-SHIVERS VS. SWEETWATER UNION
HIGH SCHOOL DISTRICT
04/01/11 08:35AM
Judge Cannon, William S.
Motion Hearing 37-2010-00095796-CU-OE-SC
South County
Date Filed:         07/08/2010
CU-OE         Other employment
Plaintiff/Petitioner
LEMONS-SHIVERS            CHARLENE
Defendant/Respondent
D)Bertha Lopez
Ryan L Church
D)Sweetwater Union High School District
Ryan L Church
The case above is listed on the court calendar as having
Ryan L. Church as the attorney of record, but it seems that
Church's boss, Daniel Shinoff, was actually in charge of the
case:
Sweetwater official loses suit against trustee
Administrator claimed intrusion, board member said she
was just doing her job
By Tanya Sierra, UNION-TRIBUNE
January 11, 2011
CHULA VISTA — An administrator who sued Sweetwater
Union High School District board member Bertha Lopez
lost her case last week.

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

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

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

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

[Maura Larkins' comment:

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

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

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

I've had personal experience with Bertha Lopez
completely failing to do due diligence as a board
member in CVESD. I think her decision to take
matters in Sweetwater into her own hands was a
personal and political one, not a question of
fulfilling her responsibilities.]

10/29/10 10:45AM N-31
Dato, William S.
Trial Readiness
37-2009-00054392-CU-PO-NC
D)Oceanside Unified School
Daniel R Shinoff

North County
04/01/11 01:30PM
Nugent, Thomas P.
Summary Judgment
37-2009-00058050-CU-PO-NC
D)Oceanside Unified School Ryan L Church

CASE 1:
JOSEPH RADOVICH VS. WILLIAMS SCOTSMAN, INC.
37-2009-00104663-CU-PO-CTL
San Diego
Date Filed:         12/29/2009
CU-PO         PI/PD/WD - Other

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

Defendant/Respondent
WILLIAMS SCOTSMAN INC                       P
CONSTRUCTION QUALITY ASSURANCE GROUP LLC

ECHO PACIFIC CONSTRUCTION INC
PINNACLEONE/BARNHART INC
ROES 1-100

Slip and fall on steps during
construction. PUSD is defendant
and plaintiff (two related cases)

Non-school cases

Otay Water District

Note: The west and central portions of San Diego County
are served by San Diego Unified School District, which
does not employ or contract with Daneil Shinoff.

DIANE K YOUNG VS. MOUNTAIN EMPIRE UNIFIED
SCHOOL DISTRICT
Date Filed:         03/04/2010
Category:         CU-OE Other employment
East County
04/08/11
Wohlfeil, Joel R.
Summary Judgmen
37-2010-00065929-CU-OE-EC
D)Mountain Empire Unified S Daniel R Shinoff

Bruce Borad case
04/25/08 09:30AM C-68    CV
Hayes, Judith F.
Civil Case Management
37-2007-00074942-CU-OE-CTL
P) Bruce Borad
Industrial Technology Computer Studies GUHSD
Author: Bruce Borad
Site: Chaparral High School
Description: First Robotics Web site home page Access
to lego, Vex and Premier robotic programs
Counsel: Fern Steiner
Tosdal, Smith, Steiner & Wax
Partner of Ann Smith
filed: 09/13/2007
Employment
D)Grossmont Union High School
Counsel: Daniel R. Shinoff and Ryan Church
Mandatory Settlement Conference
Trial to be held in December 2008
____________________________
09/18/09 10:30AM C-68    CV Hayes, Judith F.
Motion Hearing 37-2007-00074942-CU-OE-CTL
D)Grossmont Union High Scho Daniel R Shinoff

Civil Appellate and Writ
Primary Contacts
* Paul V. Carelli, IV
* Jack M. Sleeth, Jr.

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

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

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

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

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

[Maura Larkins' comment: why not mention
Stutz v. Larkins?]

East County
04/15/11 10:30AM
Sturgeon, Eddie C
Civil Case Mana
37-2010-00065496-CU-PA-EC
D)Lakeside Union School Dis
Daniel R Shinoff

Devin Coley v. San Marcos Unified
Wrestler injured by body slams

Central
05/06/11 01:45PM C-73
Denton, Steven R.
Civil Case Mana 37-2010-00104942-CU-PO-CTL

D)San Ysidro School Distric
Daniel R Shinoff
Martha Gomez vs. San Ysidro School District
County of San Diego        (D)
Julie R Dann
Martha Gomez        (P)
Lorraine M Nisbet
Maxim Healthcare Services Inc        (D)
San Ysidro School District        (D)        Daniel R
Shinoff

San Ysidro

Puplava/Crosier SDCOE DEFAMATION suit
Two SDCOE executives sued 2 citizens for revealing to the San Diego Union-Tribune
that Dan Puplava received over $300,000 (beyond his SDCOE salary) from finiancial
companies he worked iwth as part of his job
05/06/11 Judge Styn, Ronald L.
37-2008-00090684-CU-BT-CTL     C) Diane Crosier
Daniel R Shinoff
See blog posts: Diane Crosier        Dan Puplava.

S an Diego County Office of Education

Voice of San Diego article about Daniel Shinoff

Rodger Hartnett case

East County
05/12/11 08:30AM
Ex Parte
37-2008-00093763-CU-PO-EC
D)Grossmont Union High Scho
Daniel R Shinoff

Rios vs. GUHSD
Stutz Artiano’s trial team won a defense verdict in a football injury
case in which the demand was $30 million. Partners Daniel
Shinoff and Gil Abed represented Grossmont Union High School
District in the six-week trial. In October 2007, the Grossmont
student sustained a neck injury during a junior varsity football
game. With prompt action by his coaches, trainers, teachers and
first responders, the student received the immediate care he
required. The student’s parents later sued the District for
negligence, including those who responded to administer
emergency care to the student athlete. Rios v. Grossmont Union
High School District. Superior Court Case No: 37-2008-
00093763-CU-PO-EC

San Diego
Education Report

Stutz v. Larkins DEFAMATION suit

North County
02/18/09 09:00AM N-27
Stern, Jacqueline M.
Civil Jury Tria
37-2007-
00052268-CU-OE-NC
FRANCES GALLEGOS VS.
ESCONDIDO UNION HIGH
SCHOOL DISTRICT
CU-OE          Other
employment
D)Escondido Union High
Scho
Daniel R. Shinoff

02/18/09 01:30PM N-28
Orfield, Michael B.            Ex
Parte
37-2007-
00056605-CU-PA-NC
D)San Dieguito Union High
S
Daniel R. Shinoff

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

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

12/02/10 08:15AM C-64
CV Nevitt, William R. Jr.
   Ex Parte        GIC871766
                    D)CAJON
VALLEY UNION SCHOOL
Daniel R Shinoff

North County
12/06/11 09:00AM
N-30    CV
               Ex Parte

37-2008-00091303-
CU-PO-NC
D)San Marcos
Unified School
Daniel R Shinoff

East County
12/06/11 08:30AM
E-14    CV
               Ex Parte

37-2010-00065496-
CU-PA-EC
D)Lakeside Union
School Dis Daniel R
Shinoff

South County
12/02/11 08:35AM S-04    Cannon, William S.
Motion Hearing 37-2010-00075138-CU-WM-SC
R)San Ysidro School Distric Daniel R Shinoff
12/05/11 08:30AM S-04 Civil Case Mana
D)Fred Ferguson, Jr
D)Gary Gauger
D)Henry John Allshouse
D)Jesus Gandara
D)Mike Kelley
D)Rip Courter
D)Sweetwater Union High Sch Daniel R
Shinoff
12/05/11 08:30AM S-04    Cannon, William S.
Civil Case Mana 37-2010-00106348-CU-WT-SC
D)Todd Torgerson
D)Vincent Andrelli
Daniel R Shinoff