San Diego Education Report
|
San Diego
Education Report
STUTZ ARTIANO SHINOFF & HOLTZ v. MAURA LARKINS
Case No. 37-2007-00076218-CU-DF-CTL
Exhibits
MOTIONS TO AMEND SUMMARY ADJUDICATION OPPOSITION
OR CONDUCT JURY TRIAL/ DISSOLVE OR MODIFY
INJUNCTION MARCH 2, 2012
Exhibit 1 April 6, 2009 Stipulated Injunction
Exhibit 2 December 11, 2009 Modified Injunction
Exhibit 3 Aug. 5, 2011 Court of Appeal Decision overturning Modified Injunction
Exhibit 4 April 6, 2009 minute order
Exhibit 5 Declarations of Silvia Peters, Robert Larkins and Maura Larkins regarding
February 20, 2009 summary adjudication hearing
Exhibit 6 April 3, 3009 court reporter’s transcript
Exhibit 7 April 6, 2009 court reporter’s transcript
Exhibit 8 August 7, 2009 court reporter’s transcript
Exhibit 8b March 10, 2010 court reporter’s transcript
Exhibit 9 October 30, 2009 tentative ruling
Exhibit 10 Feb. 3, 2012 Tentative ruling—Motion to Strike and CMC continued
Exhibit 11 April 25, 2008 court reporter’s transcript of hearing re Motion to Compel
Dan Shinoff’s deposition
Exhibit 12 Aug. 7, 2009 tentative ruling (signed)
Exhibit 13 March 10, 2010 minute order re contempt
Exhibit 14 Feb. 20, 2009 tentative ruling granting Summary Adjudication
Pleadings
Exhibit 15 Declaration of Maura Larkins, with photocopy of envelope
postmarked Feb. 27, 2009 and Declaration of Richard Romero
saying the proposed order was sent on Feb. 25, 2009
Exhibit 16 June 27, 2011 Plaintiff pleading taking second motion to strike off calendar
Exhibit 17 Plaintiff’s proposed amended order for SA
Exhibit 18 Defendant’s objections to proposed amended order for Summary
Adjudication with three exhibits:
Exhibit 1 pp. 61-63 April 6, 2009 transcript
Exhibit 2 April 6, 2009 minute order
Exhibit 3 Feb. 20, 2009 tentative ruling
granting Summary Adjudication
Emails and letters
Exhibit 19 Nov. 17, 2011 email to Daniel Shinoff regarding his letter to me which was
Exhibit in his Declaration supporting Summary Adjudication
Exhibit 20 Nov. 29, 2011 letter to Daniel Shinoff with copy of his Jan. 28, 2005 letter
to Maura Larkins and printout of review written by Michelle Shinoff July 29, 2007; also verification
of fax transmission
Exhibit 21 Emails about lengthy, irrelevant pleadings
May 2, 2011 email to Brent Douglas
May 16, 2011 letter to Brent Douglas
Dec. 5, 2011 email to Brent Douglas
Dec. 5, 2011 letter to Brent Douglas
Exhibit 22 Emails from Maura Larkins to Richard Romero
Sept. 24, 2009 re issue #1 Aug. 20, 2009 letter
Sept. 24, 2009 re issue #4 Aug. 20, 2009 letter
Sept. 29, 2009 re issue #2 Aug. 20, 2009 letter
Oct. 1, 2009 re all issues Aug. 20, 2009 letter (all 5 pages)
Oct. 1, 2009 re Leslie Devaney issue in Aug. 20, 2009 letter
Exhibit 23 Dec. 8, 2011 My email to Richard Romero et al reminding summary
Adjudication and his response saying “no such minute
order on file” (3 pages)
Exhibit 24 Dec. 8, 2011 4 messages: My email to James Holtz et al re failure
to amend Summary Adjudication; includes my scanned April 6,
2009 minute order to Richard Romero at 4:41 p.m. And 5
messages, including Richard’s thank you. (6 pages total)
Exhibit 25 Dec. 8, 2011 My letter to James Holtz et al re failure to amend
Summary Adjudication order. Includes:
April 6, 2009 3 pages transcript
April 6, 2009 minute order (2 pages)
Sep. 13, 2011 email to Jeffrey Wade, Jr. re failure to amend
Dec. 8, 2011 email re failure to amend
Fax verification of above
Exhibit 26 Sep. 13, 2011 email to Jeffrey Wade Jr. re summary adjudication
Exhibit 27 Jan. 4, 2012 email to Mr. Romero I have removed many passages
Jan. 5, 2012 email to Mr. Romero: I fixed FFF page, my health
Exhibit 28 Jan 16-17, 2012 email to Stutz re attempt to meet and confer about Stutz
objections about website in Mr. Romero’s declaration;
includes contents of phone call
Exhibit 29 Jan. 18, 2012 email from Mr. Romero
“Attached please find a proposed amended order”
Exhibit 30 Jan. 19, 2012 email notifying Stutz of objections to proposed Summary
Adjudication Order
Exhibit 31 Jan. 19, 2012 6-page Meet and confer regarding statements on my
website to which Mr. Romero objected in his Jan. 4, 2012
declaration
Jan. 24, 2012 email to Richard “Here's what the depublished page looks
like now”
Exhibit 32 Feb. 3, 2012 To James Holtz
Your Reply
I've attached Exhibits A and B
Oops! Here's a much better scanned version of Exhibit B
You don't even know why I was fired, do you?
Exhibit 33 Feb. 3, 2012 To Stutz group: 5-page email regarding hoax Exhibit B
titled “I was going to file objections and a declaration
regarding your Reply regarding the 3rd Motion to Strike
Answer”; also, second version of the same email with files
of Plainitff’s Exhibits A and B attached
Exhibit 34 Feb. 4, 2012 2-page email to James Holtz regarding inaccurate Exhibit F
Depositions
Exhibit 37 June 16, 2008 deposition of Maura Larkins
Exhibit 38 Nov. 4, 2004 deposition of Sam Gross, representative of Sheriff of Santa
Barbara
Other documents
Exhibit 40 Plaintiff’s Exhibit A for Reply regarding 3rd Strike Motion
Exhibit 41 Plaintiff’s Exhibit B for Reply regarding 3rd Strike Motion
Exhibit 42 Plaintiff’s Exhibit F for Reply regarding 3rd Strike Motion
Google searches
Exhibit 44 My search “Daniel Shinoff” with same results as Stutz Feb. 1, 2012 plus the second
page of Google results
Printouts from website and blogs
Exhibit 45 DEC. 13, 2011 “Daniel Shinoff presentation: ‘Litigation in Schools
Involving Athletics’”
Exhibit 46a Oct. 11, 2007 “Child Molesters win one” original version Feb. 1, 2012
Exhibit 46b Oct. 11, 2007 “Child Molesters win one” with first sentence
removed Feb. 1, 2012
Exhibit 46c Oct. 11, 2007 “Victims of sexual abuse lose one” Feb. 3, 2012
Exhibit 47 printout of de-published “coverupbyArtianoShinoffHoltz”
currently depublished page mauralarkins.com/
coverupbyArtianoShinoffHoltz.html (The page will be republished
with a different web address)
Exhibit 48 David Alberts page from mauralarkins.com
Exhibit 49 Article from Maura Larkins website about Leslie Devaney
News stories
Exhibit 51 North County Times April 27, 2003 article about Daniel Shinoff
Exhibit 52 The Collateral Damage of Aguirre's Furies By LESLIE
DEVANEY, December 12, 2005 Voice of San Diego
Exhibit 53 Sept. 22, 2011 NCT article re Shinoff advising district to hire him
to litigate on behalf of teacher who sued a parent for harassment
Exhibit 54 Legality of Tri-City meeting disputed North County Times
Jan. 16, 2009 (re Leslie Devaney)
Exhibit 55 Feb. 1, 2012 “LA school officials chided for molest case silence”
Schools have a policy of concealing events; the public
has a right to discuss this policy
Opposition to 3rd Strike Motion by Stutz
Exhibits 1 through 5 are the same as exhibits 1-5 to Modify or Dissolve Injunction
Exhibit 7 April 6, 2009 court reporter’s transcript
Exhibit 8 August 7, 2009 court reporter’s transcript
Exhibit 9 October 30, 2009 tentative ruling
Exhibit 10 Emails about lengthy, irrelevant pleadings
May 2, 2011 email to Brent Douglas
May 16, 2011 letter to Brent Douglas
Dec. 5, 2011 email to Brent Douglas
Dec. 5, 2011 letter to Brent Douglas
Exhibit 11 Legality of Tri-City meeting disputed North County Times
Jan. 16, 2009
Exhibit 12 Article from Maura Larkins website about Leslie Devaney
Exhibit 13 The Collateral Damage of Aguirre's Furies By LESLIE
DEVANEY, December 12, 2005 Voice of San Diego
Exhibit 14 Sept. 22, 2011 NCT article re Shinoff advising district to hire him
to litigate on behalf of teacher who sued a parent for harassment
Exhibit 15 currently depublished page mauralarkins.com/
coverupbyArtianoShinoffHoltz.html (The page will be republished
with a different web address)
Exhibit 16 Feb. 20, 2009 tentative ruling granting Summary Adjudication
Exhibit 17 Emails from Maura Larkins to Richard Romero
Sept. 24, 2009 re issue #1 Aug. 20, 2009 letter
Sept. 24, 2009 re issue #4 Aug. 20, 2009 letter
Sept. 29, 2009 re issue #2 Aug. 20, 2009 letter
Oct. 1, 2009 re all issues Aug. 20, 2009 letter (all 5 pages)
Oct. 1, 2009 re Leslie Devaney issue in Aug. 20, 2009 letter
Exhibit 18
Exhibit 19 North County Times April 27, 2003 article about Daniel Shinoff
Exhibit 20 June 27, 2011 Plaintiff taking second motion to strike off calendar
Exhibit 21 March 10, 2010 minute order re contempt
Exhibit 22 David Alberts page
Exhibit 23 Aug. 7, 2009 tentative ruling (signed)
Exhibit 24 Plaintiff’s proposed amended order for SA
Exhibit 25 Defendant’s objections to proposed amended order for Summary
Adjudication with three exhibits:
Exhibit 1 pp. 61-63 April 6, 2009 transcript
Exhibit 2 April 6, 2009 minute order
Exhibit 3 Feb. 20, 2009 tentative ruling
granting Summary Adjudication
Exhibit 26 Dec. 8, 2011 My first email to Richard Romero et al reminding
summary Adjudication and his response saying “no such minute
order on file” (3 pages)
Exhibit 27 Dec. 8, 2011 4 messages: My email to James Holtz et al re failure
to amend Summary Adjudication; includes my scanned April 6,
2009 minute order to Richard Romero at 4:41 p.m. And 5
messages, including Richard’s thank you. (6 pages total)
Exhibit 28 Dec. 8, 2011 My letter to James Holtz et al re failure to amend
Summary Adjudication order. Includes:
April 6, 2009 3 pages transcript
April 6, 2009 minute order (2 pages)
Sep. 13, 2011 email to Jeffrey Wade, Jr. re failure to amend
Dec. 8, 2011 email re failure to amend
Fax verification of above
Exhibit 29 Sep. 13, 2011 email to Jeffrey Wade Jr. re summary adjudication
Exhibit 30 Jan. 4, 2012 email to Mr. Romero I have removed many passages
Exhibit 31 Jan 16, 2012 email to Stutz re attempt to meet and confer
Exhibit 32 Jan. 18, 2012 email from Mr. Romero
“Attached please find a proposed amended order”
Exhibit 33 Jan. 19, 2012 email notifying Stutz of my objections to proposed
Summary Adjudication Order
Exhibit 34 Jan. 19, 2012 Meet and confer regarding statements on my website to which
you objected in your Jan. 4, 2012 declaration
Exhibit 35 Jan. 5, 2012 My email to meet and confer re FFF page and my health
Exhibit 36 Jan. 16, 2012 email from Larkins to Stutz attempting to meet and confer about
Stutz objections about website in Mr. Romero’s declaration and about phone call in which Mr.
Romero hung up on me because he didn’t want me to write down what he said
Motion for Reconsideration of May 30, 2012 rulings
Exhibit 1 Feb 16, 2012 Transcript ex parte hearing to combine motions
Exhibit 2 March 8, 2012 tentative ruling
Exhibit 3 March 9, 2012 hearing transcript
Exhibit 4 Defendant’s notes of oral arguments
Exhibit 5 Proof of Service May 31, 2012 and photocopy of envelope
Exhibit 6 March 12, 2012 Minute order saying I can file response to Reply
Exhibit 7 May 30, 2012 Minute order
Exhibit 8 March 27, 2012 Defendant’s transcript of discussion with clerk Pat Legler
Exhibit 9 Letter from Santa Barbara Sheriff’s Commander Sam Gross
June 21, 2012 ex parte request for Stay
Richard Romero’s letter (Exhibit 3)?
June 27, 2012 Ex parte request for stay and clarification of
injunction
Taken off calendar by judge
no exhibits
July 17, 2012 ex parte request for clarification of injunction--
moved to July 27, 2012 by judge
Exhibit 1 “The Collateral Damage of Aguirre's Furies” by Leslie
Devaney, published by Voice of San Diego on December
12, 2005.
Exhibit 2 documents from the B.J. Freeman case
Plaintiff’s Opposition to Demurrer 8 pages
Request for Dismissal by Stutz 2 pages
Case Management Statement 5 pages
Defendant’s Brief for July 27, 2012 hearing re Motion to Strike
Exhibit 1 Letter from Daniel Shinoff to Defendant included as Exhibit E from in Mr.
Shinoff’s Declaration in Support of Motion for Summary
Adjudication heard Feb. 20, 2009 by Judge Hayes in the instant case,
#37-2007-00076218-CU-DF-CTL
Exhibit 2 Complaint filed by Daniel Shinoff in County of San Francisco on behalf
of Christopher Crosier, the son of Mr. Shinoff’s overseer at San Diego
County Office of Education, Diane Crosier
Exhibit 3 Defendant’s June 28, 2012 Petition for Writ of Review,
California Court of Appeal
Exhibit 4 Vista Unified School District v. B.J. Freeman
Plaintiff’s Opposition to Demurrer, 8 pages
Request for Dismissal by Shinoff/Abed, 2 pages
Case Management Statement, 5 pages
Reply, Motion to strike portions of amended complaint,
8 pages; Demurrer
Exhibit 5 Request for restraining order against Kathleen Elton
Exhibit 6 Decision in case of Kayla—to show facts of Plaintiff’s court filings
Exhibit 7 Aug. 22, 2003 Sixth Amended Complaint: Violation of Labor Code
section 432.7 [a criminal statute], etc.
filed by Maura Larkins
Exhibit 8 Rodger Hartnett declaration regarding San Diego County Office of
Education
Exhibit 9 Judge Judith Hayes’ decision in Digital Cornerston, Inc.
v. Kevin Carmony
Exhibit 10 July 17, 2012
Defendant’s ex parte request in this case asking for
clarification of injunction and that court reveal which
statements it found to be violations of injunction in its
rulings
of Aug. 7, 2009, Oct. 30, 2009, Dec. 11, 2009
(includes exhibit of “The Collateral Damage of Aguirre's
Furies” by Leslie Devaney, published by Voice of San Diego on
December 12, 2005.
Exhibit 11 Claudia Houston v. Daniel Shinoff, complaint for
tortious interference
Exhibit 18 Complete Defendant’s brief for July 27, 2012 hearing re Motion to Strike
that Defendant asks the court to file and consider for
the July 27, 2012 hearing re Motion to Strike decision
Newspaper articles
Exhibit 19 “A History of Death Threats, Scandal and Sewage-Tainted Water”
October 16, 2011, Rob Davis, Voice of San Diego
Exhibit 20a “Judge's tentative ruling disqualifies MCC attorneys from Hatoff case”
August 24, 2007 By PHILIP K. IRELAND North County Times
Exhibit 20b “Teacher's suit vs. MiraCosta awaits ruling”
Aug 25, 2007 By Lola Sherman SAN DIEGO UNION-TRIBUNE
Exhibit 21 “Judge reverses decision on attorneys in MiraCosta case”
Sept 6, 2007 By Lola Sherman SAN DIEGO UNION-TRIBUNE
Exhibit 22 “Longtime MiraCosta College official placed on leave”
August 26, 2006 By: DAVID GARRICK North County Times
“MCC settles with former administrator for $500K”
Dec. 12, 2007 By PHILIP K. IRELAND North County Times
Exhibit 23 “Balboa Park plan to clear cars, parking is approved”
U-T San Diego, July 9, 2012
“Letters: Balboa Park debate continues” U-T San Diego, July 12, 2012
Exhibit 24 “The Schoolhouse Lawyer Who Helped Hire His Overseer”
By EMILY ALPERT March 3, 2009
Defendant’s websites and blogs
Exhibit 25a “I’m wondering if there’s anything you hold sacred…”
page 8 out of 16 of http://mauralarkins.com/DanielShinoffDeclaration.html
Exhibit 25b page 10 out of 16 http://mauralarkins.com/DanielShinoffDeclaration.html
Exhibit 26 Pages 3 and 4 of the webpage at http://mauralarkins.com/MiraCostaShinoff.html
Exhibit 27a Pages 11 and 12 http://www.sandiegoeducationreport.org/stutzartianoshinoff.html
printed out by Defendant before erasing letter
Exhibit 27b Pages 10- 12 http://www.sandiegoeducationreport.org/stutzartianoshinoff.html
printed out after I erased two quotes
Exhibit 29 Page 1 http://sandiegoeducationreport.org/DepoMLpp105-115.html
after I erased (compare to Plaintiff Exhibit G)
Exhibit 30a printed July 7, 2012 http://learningboosters.blogspot.com/2008/11/guhsd-
attorney-dan-shinoff-admits-to.html (compare to Plaintiff Exhibit H)
Exhibit 30b
printed July 7, 2012 http://learningboosters.blogspot.com/2008/11/guhsd-attorney-dan-shinoff-
admits-to.html
Exhibit 31 page 1 BJ Freeman page sandiegoeducationreport.net/BJFreeman.html
Emails and letters
Exhibit 32 Jul. 2, 2012 –July 17, 2012 letters and emails to Plaintiff regarding contempt
sanctions