Deposition of Ray Artiano
by the author of this
website
(with Dan Shinoff acting
as Artiano's counsel)
by the author of this
website
(with Dan Shinoff acting
as Artiano's counsel)
San Diego Attorney Ray James Artiano
America's Premier Lawyers
Hosted by Marc Holland.
This topical program introduces listeners to some of the best legal minds in the world
as it explores critical issues that shape our laws, policies, and ultimately our daily lives.
Ray J. Artiano
Founding Member and Managing Partner
Stutz, Artiano, Shinoff & Holtz
On Avoiding Employment Actions
Hosted by Marc Holland.
This topical program introduces listeners to some of the best legal minds in the world
as it explores critical issues that shape our laws, policies, and ultimately our daily lives.
Ray J. Artiano
Founding Member and Managing Partner
Stutz, Artiano, Shinoff & Holtz
On Avoiding Employment Actions
Google results for
Ray Artiano
02/14/08
Stutz Artiano Shinoff & Holtz, A
Professional Corporation Profile - 2
visits - Feb 1Ray J. Artiano (Partner)
born New York, N.Y., October 11,
1953; admitted to bar, 1979,
California and U.S. District Court,
Southern District of California; ...
www.lawyers.com/.../San-
Diego/Stutz-Artiano-Shinoff-and-
Holtz,-A-Professional-Corporation-
217107-f.html - 69k - Cached -
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Recent Results - The Country Club
of Rancho Bernardo2nd, Jim Holtz -
Ray Artiano, 75, $66.00. Gross. 2nd,
Tom Gilmore - Pete Masters, 63,
$66.00. Net. 3rd Tie, Rich McDonald
- Dave Eisenstein, 66, $16.00 ...
www.ccofrb.com/index.
fpl/golfrecresults - Similar pages -
Note this
Yuri Arthur — E. Artiga : ZoomInfo
Business People
InformationArtiano, Ray, Stutz ,
Artiano , Shinoff & Holtz, Ray J.
Artiano. Artibani, Walter,
International Continence Society,
Prof Walter Artibani Director . ...
www.zoominfo.
com/people/level2page1361.aspx -
123k - Cached - Similar pages -
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[PDF] Feast, Famine or Fallout?File
Format: PDF/Adobe Acrobat - View
as HTML
Ray Artiano, a San Diego. lawyer
who represents the dis-. trict, said
the group had engaged. in similar
activities at other col- ...
www.ccweek.
com/news/articlefiles/25-CCWeek-
20060717.pdf - Similar pages -
Note this
[PDF] CERTIFIED FOR
PUBLICATION COURT OF APPEAL
- FOURTH APPELLATE ...File
Format: PDF/Adobe Acrobat - View
as HTML
Stutz Artiano Shinoff & Holtz, Ray J.
Artiano and Ljubiša Kostić for
Petitioners in. D047230 and Real
Parties in Interest in No. D047158.
Plaintiffs ...
caselaw.findlaw.
com/data2/californiastatecases/D04
7158.PDF - Similar pages - Note this
Law firms: ranked by number of
lawyers in local offices as of Jan ...
www.gvmglaw.com 40 Stutz Artiano
Shinoff & Ray J. Artiano 1982 (NR)
Holtz. 2488 Historic Decatur Road,.
#200, San Diego 92106. www.
stutzartiano.com 41 Hecht ...
www.entrepreneur.
com/tradejournals/article/17374773
0_7.html - 69k - Cached - Similar
pages - Note this
[PDF] San Diego Community
College District Office of the
Chancellor 2006.File Format:
PDF/Adobe Acrobat - View as HTML
Stutz, Artiano, Shinoff, and Holtz
(Ray Artiano). Cornerstone CSM
(Jim Frager). GAFCON (Yehudi
Gaffon, Henry Dumaran). SGPA
(Tom Christiansen). Volunteers: ...
www.sdmiramarcollege.net/...
/reports/files/Chan061114/Office%
20of%20the%20Chancellor%20-%
20YES%20on%20N.pdf - Similar
pages - Note this
PDF] RAISING PROJECTS:File
Format: PDF/Adobe Acrobat - View
as HTML
Ray Artiano. Laurie Black. Michael
Brau. Francine Busby. Rudy
Castruita. Thor Emblem. Jerry
Goldberg. Miles Grant. Sarah Kruer
Jager. Jay Jeffcoat ...
martyblock.
org/content/pdf/June_18_Invite__6_
1_3533.pdf - Similar pages - Note
this
Ray Artiano
02/14/08
Stutz Artiano Shinoff & Holtz, A
Professional Corporation Profile - 2
visits - Feb 1Ray J. Artiano (Partner)
born New York, N.Y., October 11,
1953; admitted to bar, 1979,
California and U.S. District Court,
Southern District of California; ...
www.lawyers.com/.../San-
Diego/Stutz-Artiano-Shinoff-and-
Holtz,-A-Professional-Corporation-
217107-f.html - 69k - Cached -
Similar pages - Note this
Recent Results - The Country Club
of Rancho Bernardo2nd, Jim Holtz -
Ray Artiano, 75, $66.00. Gross. 2nd,
Tom Gilmore - Pete Masters, 63,
$66.00. Net. 3rd Tie, Rich McDonald
- Dave Eisenstein, 66, $16.00 ...
www.ccofrb.com/index.
fpl/golfrecresults - Similar pages -
Note this
Yuri Arthur — E. Artiga : ZoomInfo
Business People
InformationArtiano, Ray, Stutz ,
Artiano , Shinoff & Holtz, Ray J.
Artiano. Artibani, Walter,
International Continence Society,
Prof Walter Artibani Director . ...
www.zoominfo.
com/people/level2page1361.aspx -
123k - Cached - Similar pages -
Note this
[PDF] Feast, Famine or Fallout?File
Format: PDF/Adobe Acrobat - View
as HTML
Ray Artiano, a San Diego. lawyer
who represents the dis-. trict, said
the group had engaged. in similar
activities at other col- ...
www.ccweek.
com/news/articlefiles/25-CCWeek-
20060717.pdf - Similar pages -
Note this
[PDF] CERTIFIED FOR
PUBLICATION COURT OF APPEAL
- FOURTH APPELLATE ...File
Format: PDF/Adobe Acrobat - View
as HTML
Stutz Artiano Shinoff & Holtz, Ray J.
Artiano and Ljubiša Kostić for
Petitioners in. D047230 and Real
Parties in Interest in No. D047158.
Plaintiffs ...
caselaw.findlaw.
com/data2/californiastatecases/D04
7158.PDF - Similar pages - Note this
Law firms: ranked by number of
lawyers in local offices as of Jan ...
www.gvmglaw.com 40 Stutz Artiano
Shinoff & Ray J. Artiano 1982 (NR)
Holtz. 2488 Historic Decatur Road,.
#200, San Diego 92106. www.
stutzartiano.com 41 Hecht ...
www.entrepreneur.
com/tradejournals/article/17374773
0_7.html - 69k - Cached - Similar
pages - Note this
[PDF] San Diego Community
College District Office of the
Chancellor 2006.File Format:
PDF/Adobe Acrobat - View as HTML
Stutz, Artiano, Shinoff, and Holtz
(Ray Artiano). Cornerstone CSM
(Jim Frager). GAFCON (Yehudi
Gaffon, Henry Dumaran). SGPA
(Tom Christiansen). Volunteers: ...
www.sdmiramarcollege.net/...
/reports/files/Chan061114/Office%
20of%20the%20Chancellor%20-%
20YES%20on%20N.pdf - Similar
pages - Note this
PDF] RAISING PROJECTS:File
Format: PDF/Adobe Acrobat - View
as HTML
Ray Artiano. Laurie Black. Michael
Brau. Francine Busby. Rudy
Castruita. Thor Emblem. Jerry
Goldberg. Miles Grant. Sarah Kruer
Jager. Jay Jeffcoat ...
martyblock.
org/content/pdf/June_18_Invite__6_
1_3533.pdf - Similar pages - Note
this
Central
02/22/08 08:45AM
C-71
Prager, Ronald S.
Civil Jury Trial
GIC875469
C)DERCO LLC
RAY JAMES ARTIANO
02/22/08 08:45AM
C-71
Prager, Ronald S.
Civil Jury Trial
GIC875469
C)DERCO LLC
RAY JAMES ARTIANO
Stutz v. Larkins
defamation suit
Central
04/25/08 10:30AM C-68
Hayes, Judith F.
Motion Hearing
37-2007-00076218-
CU-DF-CTL
Defamation
P)Stutz Artiano Shinoff &
Holtz
RAY JAMES ARTIANO
defamation suit
Central
04/25/08 10:30AM C-68
Hayes, Judith F.
Motion Hearing
37-2007-00076218-
CU-DF-CTL
Defamation
P)Stutz Artiano Shinoff &
Holtz
RAY JAMES ARTIANO
02/20/09 10:30AM C-68
CV Hayes, Judith F.
Summary Judgmen
37-2007-00076218-CU-D
F-CTL
P)Stutz Artiano Shinoff
& Holtz
Ray James Artiano
| Deposition of Ray Artiano by the author of this website (with Dan Shinoff acting as Artiano's counsel) |
| Managing Partner Stutz Artiano Shinoff & Holtz 41593 Winchester Road 118 Temecula, CA 92590-4858 University of San Diego, J.D., 1979 A founding member and managing partner of the firm, Mr. Artiano represents state and local agencies, public and private employers, and national manufacturing companies throughout the State of California. He focuses his practice in employment and product liability matters. Mr. Artiano has extensive experience in the defense of employers in employment related litigation including wrongful termination, harassment and discrimination claims in matters brought by both private employers and agencies of the United States government. He has defended these claims in state and federal court and has represented his clients' interests in administrative charges filed with the Equal Employment Opportunity Commission, Department of Fair Employment and Housing and the Office of Civil Rights. Mr. Artiano also has substantial experience representing national manufacturing companies in catastrophic injury cases. Mr. Artiano has been admitted to practice before all courts in the State of California as well as the United States Supreme Court. Mr. Artiano is a frequent lecturer on a variety of litigation issues. He is an active member of numerous professional and legal organizations, and formerly served as President of the San Diego Defense Lawyers Association. Bar Admissions California United States Supreme Court Honors/Affiliations Member, Federation of Defense and Corporate Counsel Member, Presidential Business Commission Member, Defense Research Institute Member, American College of Barristers Member, San Diego County Bar Association Member, |
| Cases |
Attorney Ray Artiano--one of the "best legal
minds in the world"
(according to Sky Radio's Marc Holland)
minds in the world"
(according to Sky Radio's Marc Holland)
Ray Murphy Solutions
For College Funding
Ray artiano, (zip code:
92101) $300 to national
republican congressional
(zip code: 92126) $225
to nea fund for children
and public education on
09/30/01
For College Funding
Ray artiano, (zip code:
92101) $300 to national
republican congressional
(zip code: 92126) $225
to nea fund for children
and public education on
09/30/01
Prager, Ronald S.
37-2008-00088329-CU-CR-CTL
D)Dave Evans
D)San Diego Community Colle
D)San Diego Mesa College
Ray James Artiano
37-2008-00088329-CU-CR-CTL
D)Dave Evans
D)San Diego Community Colle
D)San Diego Mesa College
Ray James Artiano
Sam Farahani v. San Diego Community College District
Filed 7/28/09
See decision
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
SAM H. FARAHANI,
Plaintiff and Respondent,
v.
SAN DIEGO COMMUNITY COLLEGE DISTRICT et al.,
Defendants and Appellants.
D054087
(Super. Ct. No. GIC881390)
APPEAL from a judgment of the Superior Court of San Diego County, Joan M. Lewis, Judge. Affirmed.
Stutz Artiano Shinoff & Holtz,
Ray J. Artiano and Richard E. Romero for Defendants and Appellants.
Grady and Associates, Dennis M. Grady, Kenneth W. Baisch, and Bradley K. Moores for Plaintiff and
Respondent.
In this case we hold that Education Code section 87485 (undesignated statutory references are to the
Education Code) renders “null and void” the “last chance agreement” (Agreement) under which
community college faculty member Sam H. Farahani waived his statutory due process rights relating
to faculty discipline. The San Diego Community College District (District) terminated Farahani after he
allegedly violated his Agreement with the District. The trial court granted Farahani’s petition for writ of
mandate (Code Civ. Proc., § 1085), ruling that the Agreement violated the Education Code and
Farahani’s due process rights. The court issued a peremptory writ of mandate under Code of Civil
Procedure section 1085 directing the District to: (1) reinstate Farahani with full back pay, interest and
benefits and (2) require its governing board to determine whether Farahani should be terminated, “all
in compliance with the requirements of the Education Code, including appropriate notice and
opportunity to be heard.” The District appeals.
In addition to concluding that Farahani’s purported waiver of the right to a hearing in the Agreement
and attached General and Special Release and Settlement Agreement (Release) were
unenforceable under section 87485, we also reject the District’s claim that Farahani’s petition was
barred by laches, unclean hands, and the failure to exhaust administrative remedies. Accordingly, we
affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Farahani was a tenured professor of international relations and public policy at Mesa College. He
had worked for the District for 18 years prior to his termination in June 2006.
Beginning in 1994, the District received complaints from female students and staff about what they
described as unwanted sexual and social advances. In October 2000, after investigating some of
these complaints, the District gave Farahani a written reprimand advising him that continued
misconduct would result in discipline up to and including termination.
On September 20, 2004, the District sent Farahani written “Notice of Pre-Disciplinary Hearing:
Suspension.” The notice cited the basis for the recommended one-year suspension without pay as
“a continuing pattern of inappropriate behavior toward students and employees over several years.”
The notice informed Farahani that he had “the right to respond to the proposed discipline either orally
or in writing or both.”
The matter did not proceed to the hearing stage. In November 2004, the attorney for the American
Federation of Teachers Guild, California Federation of Teachers Local 1931 (Union) presented
Farahani with the Agreement, and told him that the District would suspend him for a year without pay
unless he signed it. Among other things, the Agreement and Release provided that Farahani: (1)
accept a reduction of pay equivalent to one month’s salary and (2) for a period of 18 months agree to
refrain from conduct that constituted sexual harassment, “including any verbal, physical or visual
conduct” on campus, and from “personal contacts and/or communications” with students off campus.
The Agreement stated that if Farahani failed to comply with its provisions, he could be “terminated at
the Chancellor’s discretion, without the issuance of charges under the Education Code or District
policies and without right of appeal . . . .” The Release included the following provision: “Farahani
waives any and all appeal rights he may otherwise have to challenge the discipline or otherwise
pursue any appeal relating to the pre-disciplinary notice.”
Filed 7/28/09
See decision
CERTIFIED FOR PUBLICATION
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
SAM H. FARAHANI,
Plaintiff and Respondent,
v.
SAN DIEGO COMMUNITY COLLEGE DISTRICT et al.,
Defendants and Appellants.
D054087
(Super. Ct. No. GIC881390)
APPEAL from a judgment of the Superior Court of San Diego County, Joan M. Lewis, Judge. Affirmed.
Stutz Artiano Shinoff & Holtz,
Ray J. Artiano and Richard E. Romero for Defendants and Appellants.
Grady and Associates, Dennis M. Grady, Kenneth W. Baisch, and Bradley K. Moores for Plaintiff and
Respondent.
In this case we hold that Education Code section 87485 (undesignated statutory references are to the
Education Code) renders “null and void” the “last chance agreement” (Agreement) under which
community college faculty member Sam H. Farahani waived his statutory due process rights relating
to faculty discipline. The San Diego Community College District (District) terminated Farahani after he
allegedly violated his Agreement with the District. The trial court granted Farahani’s petition for writ of
mandate (Code Civ. Proc., § 1085), ruling that the Agreement violated the Education Code and
Farahani’s due process rights. The court issued a peremptory writ of mandate under Code of Civil
Procedure section 1085 directing the District to: (1) reinstate Farahani with full back pay, interest and
benefits and (2) require its governing board to determine whether Farahani should be terminated, “all
in compliance with the requirements of the Education Code, including appropriate notice and
opportunity to be heard.” The District appeals.
In addition to concluding that Farahani’s purported waiver of the right to a hearing in the Agreement
and attached General and Special Release and Settlement Agreement (Release) were
unenforceable under section 87485, we also reject the District’s claim that Farahani’s petition was
barred by laches, unclean hands, and the failure to exhaust administrative remedies. Accordingly, we
affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Farahani was a tenured professor of international relations and public policy at Mesa College. He
had worked for the District for 18 years prior to his termination in June 2006.
Beginning in 1994, the District received complaints from female students and staff about what they
described as unwanted sexual and social advances. In October 2000, after investigating some of
these complaints, the District gave Farahani a written reprimand advising him that continued
misconduct would result in discipline up to and including termination.
On September 20, 2004, the District sent Farahani written “Notice of Pre-Disciplinary Hearing:
Suspension.” The notice cited the basis for the recommended one-year suspension without pay as
“a continuing pattern of inappropriate behavior toward students and employees over several years.”
The notice informed Farahani that he had “the right to respond to the proposed discipline either orally
or in writing or both.”
The matter did not proceed to the hearing stage. In November 2004, the attorney for the American
Federation of Teachers Guild, California Federation of Teachers Local 1931 (Union) presented
Farahani with the Agreement, and told him that the District would suspend him for a year without pay
unless he signed it. Among other things, the Agreement and Release provided that Farahani: (1)
accept a reduction of pay equivalent to one month’s salary and (2) for a period of 18 months agree to
refrain from conduct that constituted sexual harassment, “including any verbal, physical or visual
conduct” on campus, and from “personal contacts and/or communications” with students off campus.
The Agreement stated that if Farahani failed to comply with its provisions, he could be “terminated at
the Chancellor’s discretion, without the issuance of charges under the Education Code or District
policies and without right of appeal . . . .” The Release included the following provision: “Farahani
waives any and all appeal rights he may otherwise have to challenge the discipline or otherwise
pursue any appeal relating to the pre-disciplinary notice.”
Central
02/26/10 10:00AM C-65
CV Lewis, Joan M.
Trial Readiness
37-2009-00080969-CL-
PO-CTL
D)San Diego Community
Colle
Ray James Artiano
01/08/2009
Category: CL-PO
PI/PD/WD - Other
LORENA LEE
02/26/10 10:00AM C-65
CV Lewis, Joan M.
Trial Readiness
37-2009-00080969-CL-
PO-CTL
D)San Diego Community
Colle
Ray James Artiano
01/08/2009
Category: CL-PO
PI/PD/WD - Other
LORENA LEE
When Artiano
settles a case, is
he admitting
wrongdoing?
I imagine he would say no.
But how about when the
shoe is on the other foot?
North County Times reports,
"While Artiano acknowledged
that Tri-City has admitted no
culpability with regard to
open meetings law
violations, he said the fact
that the hospital settled
means something."
Read more here.
HOSPITAL: Tri-City settles
Brown Act lawsuit filed by former
executives
Hospital agrees to
pay $300,000, but
admits no violation
[Maura Larkins' comment: this
is exactly the type of lawsuit
that the Californians Against
Lawsuit Abuse (CALA)
organization complains about.
Yet this shakedown of a public
entity was perpetrated by
lawyer Leslie Devaney, a
former CALA board member in
San Diego.]
By PAUL SISSON - February 25,
2010
Tri-City Medical Center has
settled a lawsuit brought by a
group of former hospital
executives who alleged Tri-City
violated the state's open meeting
law, called the Brown Act, when
four hospital board members put
the executives on paid leave
during a hastily called
closed-door meeting in
December 2008.
Ray Artiano, an attorney for the
seven executives, said Thursday
afternoon that Tri-City settled
the case for $300,000, which will
cover attorney's fees. The
executives ---- who were later
fired by Tri-City ---- have also
filed a wrongful termination
lawsuit that is still working its way
through the courts.
Courtney Berlin, a spokesperson
for Tri-City, confirmed the
settlement in the Brown Act
lawsuit this week. She said in an
e-mail that it doesn't admit "any
error on the part of our Board or
any violation of the Brown Act."
"In order to preserve the
company's resources, we felt it
was appropriate to settle the
matter," Berlin said.
Four of seven Tri-City board
members voted during a special
meeting on Dec. 8, 2008, to
sideline the seven executives
and call in an accounting firm to
conduct a forensic investigation
of the public hospital's books.
Tri-City's former chief executive
Arthur Gonzalez was put on
leave during the same meeting.
In February 2009, the seven
sued Tri-City's board, alleging it
had violated several aspects of
public meetings law.
The suit asked a Superior Court
judge to declare the decision
invalid, but more than one year
later there had been no ruling in
the case. Artiano said that when
the suit was filed, there was
some hope among the
executives that a decision would
come quickly and could result in
them being reinstated.
In the intervening months,
Gonzalez settled with the
hospital district and found a new
job running a large hospital
system in Minneapolis.
In the wrongful termination
lawsuits, the remaining
executives are seeking more
than $1 million each. Lawyers on
both sides are now arguing
whether the case belongs in
federal or state court.
Artiano's clients include Doreen
Sanderson, Tri-City's former vice
president of human resources;
Allen Coleman, former vice
president of strategic services;
Robert Wardwell, former chief
financial officer; Daniel
Groszkruger, former director of
information systems; Ondrea
Labella, former director of
patient business services;
Suellyn Ellerbe, former chief
operating officer and chief nurse
executive; and Terry Howell,
former vice president of
performance improvement.
Their salaries ranged from
$194,000 to $325,000 per year.
While Artiano acknowledged that
Tri-City has admitted no
culpability with regard to open
meetings law violations, he said
the fact that the hospital settled
means something.
"We thought the amount was
sufficient to make a point, and
now we will focus on the wrongful
termination cases," Artiano said.
Call staff writer Paul Sisson at
760-901-4087.
settles a case, is
he admitting
wrongdoing?
I imagine he would say no.
But how about when the
shoe is on the other foot?
North County Times reports,
"While Artiano acknowledged
that Tri-City has admitted no
culpability with regard to
open meetings law
violations, he said the fact
that the hospital settled
means something."
Read more here.
HOSPITAL: Tri-City settles
Brown Act lawsuit filed by former
executives
Hospital agrees to
pay $300,000, but
admits no violation
[Maura Larkins' comment: this
is exactly the type of lawsuit
that the Californians Against
Lawsuit Abuse (CALA)
organization complains about.
Yet this shakedown of a public
entity was perpetrated by
lawyer Leslie Devaney, a
former CALA board member in
San Diego.]
By PAUL SISSON - February 25,
2010
Tri-City Medical Center has
settled a lawsuit brought by a
group of former hospital
executives who alleged Tri-City
violated the state's open meeting
law, called the Brown Act, when
four hospital board members put
the executives on paid leave
during a hastily called
closed-door meeting in
December 2008.
Ray Artiano, an attorney for the
seven executives, said Thursday
afternoon that Tri-City settled
the case for $300,000, which will
cover attorney's fees. The
executives ---- who were later
fired by Tri-City ---- have also
filed a wrongful termination
lawsuit that is still working its way
through the courts.
Courtney Berlin, a spokesperson
for Tri-City, confirmed the
settlement in the Brown Act
lawsuit this week. She said in an
e-mail that it doesn't admit "any
error on the part of our Board or
any violation of the Brown Act."
"In order to preserve the
company's resources, we felt it
was appropriate to settle the
matter," Berlin said.
Four of seven Tri-City board
members voted during a special
meeting on Dec. 8, 2008, to
sideline the seven executives
and call in an accounting firm to
conduct a forensic investigation
of the public hospital's books.
Tri-City's former chief executive
Arthur Gonzalez was put on
leave during the same meeting.
In February 2009, the seven
sued Tri-City's board, alleging it
had violated several aspects of
public meetings law.
The suit asked a Superior Court
judge to declare the decision
invalid, but more than one year
later there had been no ruling in
the case. Artiano said that when
the suit was filed, there was
some hope among the
executives that a decision would
come quickly and could result in
them being reinstated.
In the intervening months,
Gonzalez settled with the
hospital district and found a new
job running a large hospital
system in Minneapolis.
In the wrongful termination
lawsuits, the remaining
executives are seeking more
than $1 million each. Lawyers on
both sides are now arguing
whether the case belongs in
federal or state court.
Artiano's clients include Doreen
Sanderson, Tri-City's former vice
president of human resources;
Allen Coleman, former vice
president of strategic services;
Robert Wardwell, former chief
financial officer; Daniel
Groszkruger, former director of
information systems; Ondrea
Labella, former director of
patient business services;
Suellyn Ellerbe, former chief
operating officer and chief nurse
executive; and Terry Howell,
former vice president of
performance improvement.
Their salaries ranged from
$194,000 to $325,000 per year.
While Artiano acknowledged that
Tri-City has admitted no
culpability with regard to open
meetings law violations, he said
the fact that the hospital settled
means something.
"We thought the amount was
sufficient to make a point, and
now we will focus on the wrongful
termination cases," Artiano said.
Call staff writer Paul Sisson at
760-901-4087.
Ray James Artiano -
Bar Number 88916
Stutz Artiano Shinoff &
Holtz
2488 Historic Decatur Rd
#200
San Diego, CA
92106-6113
(619) 232-3122
Fax (619) 232-3264
Undergraduate School
Boston Univ; Boston MA
Law School
Univ of San Diego SOL;
San Diego CA
Sections None
Present Active
11/29/1979 Admitted
to The State Bar of
California
Bar Number 88916
Stutz Artiano Shinoff &
Holtz
2488 Historic Decatur Rd
#200
San Diego, CA
92106-6113
(619) 232-3122
Fax (619) 232-3264
Undergraduate School
Boston Univ; Boston MA
Law School
Univ of San Diego SOL;
San Diego CA
Sections None
Present Active
11/29/1979 Admitted
to The State Bar of
California
Business Advisory Council of the National Republican Congressional Committee Member, Association of Southern California Defense Counsel Member, Professional Liability Underwriting Society Member, American Board of Trial Advocates Board of Directors, San Diego Defense Lawyers Association, 1999-2000 President, San Diego Defense Lawyers Association, 2001 |
MICHAEL KNAPP VS. SOMA
CONCERTS LLC
37-2008-00085422-CU-PO-CTL
Case Location:
San Diego
Case Type: Civil
Date Filed: 06/10/2008
Category: CU-PO
PI/PD/WD - Other
Plaintiff/Petitioner
KNAPP MICHAEL
P
Defendant/Respondent
LEN A PAUL P
SANCTUARY ARTIST
MANAGEMENT INC
SOMA CONCERTS, LLC
05/21/10 08:30AM C-66
Hayes, Charles R.
Trial Readiness
37-2008-00085422-CU-PO-CTL
P) Michael Knapp
Ray James Artiano
CONCERTS LLC
37-2008-00085422-CU-PO-CTL
Case Location:
San Diego
Case Type: Civil
Date Filed: 06/10/2008
Category: CU-PO
PI/PD/WD - Other
Plaintiff/Petitioner
KNAPP MICHAEL
P
Defendant/Respondent
LEN A PAUL P
SANCTUARY ARTIST
MANAGEMENT INC
SOMA CONCERTS, LLC
05/21/10 08:30AM C-66
Hayes, Charles R.
Trial Readiness
37-2008-00085422-CU-PO-CTL
P) Michael Knapp
Ray James Artiano
Central
05/21/10 08:30AM C-69
CV Parte
37-2009-00092883-CU-BC-
CTL P)Arthur Gonzalez
Ray J Artiano
05/21/10 08:30AM C-69
CV Parte
37-2009-00092883-CU-BC-
CTL P)Arthur Gonzalez
Ray J Artiano
Tri-City Hospital cases:
Central
08/26/09 08:30AM C-69
Ex Parte
37-2009-00092883-CU-BC-C
TL
P)Arthur Gonzalez
Ray J Artiano
North County
08/28/09 01:30PM N-30
Nugent, Thomas P.
Motion Hearing
37-2009-00051962-CU-WM-N
C
P) Allen Coleman
P) Art Gonzalez
P) Bob Wardwell
P) DAN GROSZKRUGER
P) DOREEN SANDERSON
Ondrea Labella
P) Suellyn Ellerbe
P) TERRY HOWELL
Ray James Artiano
Central
08/26/09 08:30AM C-69
Ex Parte
37-2009-00092883-CU-BC-C
TL
P)Arthur Gonzalez
Ray J Artiano
North County
08/28/09 01:30PM N-30
Nugent, Thomas P.
Motion Hearing
37-2009-00051962-CU-WM-N
C
P) Allen Coleman
P) Art Gonzalez
P) Bob Wardwell
P) DAN GROSZKRUGER
P) DOREEN SANDERSON
Ondrea Labella
P) Suellyn Ellerbe
P) TERRY HOWELL
Ray James Artiano
06/25/10 09:00AM C-66
CV Hayes, Charles R.
Civil Jury Tria
37-2008-00085422-CU-PO-
CTL P)Michael Knapp
Ray James Artiano
CV Hayes, Charles R.
Civil Jury Tria
37-2008-00085422-CU-PO-
CTL P)Michael Knapp
Ray James Artiano
Two questions for Mr. Artiano from Maura Larkins:
1. Why don't you take your own advice?
2. How much did Sky Radio charge you for advertising you as one of the "best
legal minds in the world"?
1. Why don't you take your own advice?
2. How much did Sky Radio charge you for advertising you as one of the "best
legal minds in the world"?
Central
01/21/11 08:30AM C-65
CV Lewis, Joan M.
Civil Case Mana
37-2010-00097203-CU-BC-
CTL D)San Diego
Community Colle Ray
James Artiano
01/21/11 08:30AM C-65
CV Lewis, Joan M.
Demurrer / Moti
37-2010-00097203-CU-BC-
CTL D)San Diego
Community Colle Ray
James Artiano
01/21/11 10:00AM C-75
CV Strauss, Richard E. L.
Civil Case Mana
37-2010-00085004-CU-PO-
CTL C)Emergency
Service Restora JAMES
ARTIANO
Calendar data posted to
web server: Sat, Jan 15,
2011, 8:32 AM
Your search results
retrieved: Sun, Jan 16,
2011, 12:04 AM
01/21/11 08:30AM C-65
CV Lewis, Joan M.
Civil Case Mana
37-2010-00097203-CU-BC-
CTL D)San Diego
Community Colle Ray
James Artiano
01/21/11 08:30AM C-65
CV Lewis, Joan M.
Demurrer / Moti
37-2010-00097203-CU-BC-
CTL D)San Diego
Community Colle Ray
James Artiano
01/21/11 10:00AM C-75
CV Strauss, Richard E. L.
Civil Case Mana
37-2010-00085004-CU-PO-
CTL C)Emergency
Service Restora JAMES
ARTIANO
Calendar data posted to
web server: Sat, Jan 15,
2011, 8:32 AM
Your search results
retrieved: Sun, Jan 16,
2011, 12:04 AM
San Diego
Education Report
Education Report
THE UPDATE SAN DIEGO
DEFENSE LAWYERS
ASSOCIATION
Page 2
Volume 16, Issue 2
President’s Message
By: Ray J. Artiano
Stutz, Gallagher, Artiano, Shinoff
& Holtz
As we move into the second
half of the year, we are well-
positioned to benefit our
members in a number of
different ways. We continue
to make educational
opportunities available to our
membership. We have
provided six of the planned 14
MCLE units to our members.
The four brown bag seminars
have been extremely
successful. As you know, one
of the most significant benefits
available to you as SDDL
members is the SDDL website,
which is now fully operational.
Like many other sites,
www.sddl.org has access to
many legal resources. In
addition, the current site also
contains a bulletin board
which allows the members to
post messages and ask
questions. The bulletin board
can only be reached by other
SDDL members who gain
access through a password
(which you should have
already received). The bulletin
board has been functional for
a short time, but it is being
underused. We are now
considering an upgrade to the
website which will make
available distribution lists to
all members so that your
questions or messages can be
sent directly to your fellow
SDDL members. Instead of
posting an inquiry on the
bulletin board and having to
depend upon other members
to routinely review the bulletin
board, you will be able to have
immediate access and,
hopefully, feedback from the
membership. The website is
an extremely valuable resource
and I encourage everyone to
use it.
We are continuing in our
effort to offer additional
benefits to our membership.
To help ensure that our voice is
heard, we have asked one of
our board members, Norm
Ryan, to participate as a
member on the Superior Court
Committee. We are currently
looking into representation on
the Bench/Bar Committee as
well. We have spoken with
representatives at both
Defense Research Institute and
Southern California Defense
Counsel about opportunities
which they may be able to
provide our members. Both
organizations have been very
receptive, and a separate
mailing on the arrangements
will be announced in the near
future. We are in the process
of gathering survey data from
questionnaires which were
sent to member firms. The
survey deals with law firm
management issues and the
results will be released by the
end of the year. We believe
this will also be a valuable tool
to all member firms.
We do need your continued
input on matters which effect
the defense bar. You need to
tell us how we can best serve
you. What types of programs
would you like to see? What
benefits can SDDL provide?
Would you like to see more
social events? Would you like
to see a different format for
the educational seminars? Are
there rule changes in the court
system which you would like
to see considered? We want to
hear from you. Please email
us at info@sddl.org . Let us
know what you are thinking.
If you can donate some time to
the organization please let us
know. If there are others in
your firm who are not SDDL
members, please encourage
them to join. Our strength is
partly dependent upon the size
of our membership. We need
your continued support in
order to remain a strong and
vital organization.
[PDF] HE PDATE
By: Ray J. Artiano. Stutz,
Gallagher, Artiano, Shinoff &
Holtz. As we move into the
second. half of the year, we are
well-. positioned to benefit our ...
www.sddl.
org/sddlupdate/v16i2fall01.pdf
DEFENSE LAWYERS
ASSOCIATION
Page 2
Volume 16, Issue 2
President’s Message
By: Ray J. Artiano
Stutz, Gallagher, Artiano, Shinoff
& Holtz
As we move into the second
half of the year, we are well-
positioned to benefit our
members in a number of
different ways. We continue
to make educational
opportunities available to our
membership. We have
provided six of the planned 14
MCLE units to our members.
The four brown bag seminars
have been extremely
successful. As you know, one
of the most significant benefits
available to you as SDDL
members is the SDDL website,
which is now fully operational.
Like many other sites,
www.sddl.org has access to
many legal resources. In
addition, the current site also
contains a bulletin board
which allows the members to
post messages and ask
questions. The bulletin board
can only be reached by other
SDDL members who gain
access through a password
(which you should have
already received). The bulletin
board has been functional for
a short time, but it is being
underused. We are now
considering an upgrade to the
website which will make
available distribution lists to
all members so that your
questions or messages can be
sent directly to your fellow
SDDL members. Instead of
posting an inquiry on the
bulletin board and having to
depend upon other members
to routinely review the bulletin
board, you will be able to have
immediate access and,
hopefully, feedback from the
membership. The website is
an extremely valuable resource
and I encourage everyone to
use it.
We are continuing in our
effort to offer additional
benefits to our membership.
To help ensure that our voice is
heard, we have asked one of
our board members, Norm
Ryan, to participate as a
member on the Superior Court
Committee. We are currently
looking into representation on
the Bench/Bar Committee as
well. We have spoken with
representatives at both
Defense Research Institute and
Southern California Defense
Counsel about opportunities
which they may be able to
provide our members. Both
organizations have been very
receptive, and a separate
mailing on the arrangements
will be announced in the near
future. We are in the process
of gathering survey data from
questionnaires which were
sent to member firms. The
survey deals with law firm
management issues and the
results will be released by the
end of the year. We believe
this will also be a valuable tool
to all member firms.
We do need your continued
input on matters which effect
the defense bar. You need to
tell us how we can best serve
you. What types of programs
would you like to see? What
benefits can SDDL provide?
Would you like to see more
social events? Would you like
to see a different format for
the educational seminars? Are
there rule changes in the court
system which you would like
to see considered? We want to
hear from you. Please email
us at info@sddl.org . Let us
know what you are thinking.
If you can donate some time to
the organization please let us
know. If there are others in
your firm who are not SDDL
members, please encourage
them to join. Our strength is
partly dependent upon the size
of our membership. We need
your continued support in
order to remain a strong and
vital organization.
[PDF] HE PDATE
By: Ray J. Artiano. Stutz,
Gallagher, Artiano, Shinoff &
Holtz. As we move into the
second. half of the year, we are
well-. positioned to benefit our ...
www.sddl.
org/sddlupdate/v16i2fall01.pdf
The following story on Ray Artiano's case against Tri-City Hospital is interesting, given
that Ray Artiano walked out of his own deposition (see link above) when he sued the
author of this website for defamation.
Attorneys allowed to gather more evidence in Tri-City
wrongful termination suit
Nathan Scharn
SDUT
Nov. 29, 2011
OCEANSIDE — A U.S. District Court judge issued an order Monday allowing attorneys to
gather more evidence in wrongful termination suits between former Tri-City Healthcare
District administrators and their former employer, including trustees of the public health
care district.
Judge Thomas J. Whelan ruled that attorneys for the administrators would be able to take
depositions from defendants involved in a meeting held at Coco’s Restaurant in Vista on
Nov. 20, 2008 regarding the discussion at the restaurant. They were fired in 2009 in an
overhaul by the elected board of Tri-City’s leadership.
Whelan concluded that the meeting, attended by an attorney and now Chairwoman
Rosemarie Reno and trustees Kathleen Sterling, George Coulter and Charlene Anderson,
violated the state open government law called the Brown Act.
The law requires public notice of discussions of public business by a majority of elected
officials on a board. At the time, only Sterling, who has since been dropped from the case,
and Reno were on the board. Coulter and Anderson had been elected, but had not yet
assumed office, which constituted a future majority, Whelan said in the ruling.
“The Brown Act also prevents future majorities from gathering privately to make collective
commitments affecting the future of the local agency without public input,” Whelan wrote.
The get-together at Coco’s is not related to another controversial dinner meeting, held at
West Steak and Seafood in Carlsbad in May 2010 and attended by Reno, Sterling and
Coulter, though that meeting has been a factor in several lawsuits, including criminal
hearings.
Much of the Coco’s meeting has been kept secret under Magistrate Judge Bernard G.
Skomal’s July 18, 2011 discovery order, which held that the discussion at the meeting fell
under attorney client privilege. Whelan reversed that, saying the meeting violated the law
“in furtherance of a present criminal act,” the ruling said, and was thus exempt from the
privilege.
The depositions could provide significant facts in the wrongful termination suit between
the former administrators and the health care district.
Trustees fired nine employees after placing them on paid administrative leave. Then-
Chief Executive Arthur Gonzalez received a severance package in 2009 worth as much as
$1 million. Seven others sought damages in excess of $100,000.
Earlier this year, former vice president of strategic services Allen Coleman received
$385,000 and former vice president of performance improvement William “Terry” Howell
received $390,000 in settlements, their attorney Ray Artiano and Tri-City officials have
confirmed. The other five employees are still pursuing the lawsuit.
The other employees fired were Suellyn Ellerbe, chief operating officer and chief nurse
executive; Robert Wardwell, chief financial officer; Doreen Sanderson, vice president of
human resources; Daniel Groszkruger, director of information systems; and Ondrea
Labella, director of patient business services.
Whelan denied part of the ex-administrators’ contention that Skomal had erred as a
matter of law.
Public Tri-City Healthcare District serves residents in Carlsbad, Oceanside and Vista.
that Ray Artiano walked out of his own deposition (see link above) when he sued the
author of this website for defamation.
Attorneys allowed to gather more evidence in Tri-City
wrongful termination suit
Nathan Scharn
SDUT
Nov. 29, 2011
OCEANSIDE — A U.S. District Court judge issued an order Monday allowing attorneys to
gather more evidence in wrongful termination suits between former Tri-City Healthcare
District administrators and their former employer, including trustees of the public health
care district.
Judge Thomas J. Whelan ruled that attorneys for the administrators would be able to take
depositions from defendants involved in a meeting held at Coco’s Restaurant in Vista on
Nov. 20, 2008 regarding the discussion at the restaurant. They were fired in 2009 in an
overhaul by the elected board of Tri-City’s leadership.
Whelan concluded that the meeting, attended by an attorney and now Chairwoman
Rosemarie Reno and trustees Kathleen Sterling, George Coulter and Charlene Anderson,
violated the state open government law called the Brown Act.
The law requires public notice of discussions of public business by a majority of elected
officials on a board. At the time, only Sterling, who has since been dropped from the case,
and Reno were on the board. Coulter and Anderson had been elected, but had not yet
assumed office, which constituted a future majority, Whelan said in the ruling.
“The Brown Act also prevents future majorities from gathering privately to make collective
commitments affecting the future of the local agency without public input,” Whelan wrote.
The get-together at Coco’s is not related to another controversial dinner meeting, held at
West Steak and Seafood in Carlsbad in May 2010 and attended by Reno, Sterling and
Coulter, though that meeting has been a factor in several lawsuits, including criminal
hearings.
Much of the Coco’s meeting has been kept secret under Magistrate Judge Bernard G.
Skomal’s July 18, 2011 discovery order, which held that the discussion at the meeting fell
under attorney client privilege. Whelan reversed that, saying the meeting violated the law
“in furtherance of a present criminal act,” the ruling said, and was thus exempt from the
privilege.
The depositions could provide significant facts in the wrongful termination suit between
the former administrators and the health care district.
Trustees fired nine employees after placing them on paid administrative leave. Then-
Chief Executive Arthur Gonzalez received a severance package in 2009 worth as much as
$1 million. Seven others sought damages in excess of $100,000.
Earlier this year, former vice president of strategic services Allen Coleman received
$385,000 and former vice president of performance improvement William “Terry” Howell
received $390,000 in settlements, their attorney Ray Artiano and Tri-City officials have
confirmed. The other five employees are still pursuing the lawsuit.
The other employees fired were Suellyn Ellerbe, chief operating officer and chief nurse
executive; Robert Wardwell, chief financial officer; Doreen Sanderson, vice president of
human resources; Daniel Groszkruger, director of information systems; and Ondrea
Labella, director of patient business services.
Whelan denied part of the ex-administrators’ contention that Skomal had erred as a
matter of law.
Public Tri-City Healthcare District serves residents in Carlsbad, Oceanside and Vista.
I've noticed that lawyers tend to change their positions regarding attorney-client privilege
depending on whose testimony is sought.
REGION: New ruling favors attorneys for fired Tri-City
executives
BY PAUL SISSON
nctimes.com |
November 30, 2011
U.S. District Judge Thomas Whelan ruled that attorneys for the five former executives ----
who were put on paid leave by Tri-City in December 2008 and fired several months later
---- can depose four hospital officials and an attorney who met at a Coco's restaurant in
Vista on Nov. 20, 2008.
A spokeswoman for the healthcare district said Wednesday that the matter is not settled.
Tri-City will appeal.
The meeting at Coco's involved attorney Julie Biggs, hospital board members Kathleen
Sterling and RoseMarie Reno, and board members-elect George Coulter and Charlene
Anderson.
Roughly a month later, the four board members voted in a closed-door session to put the
hospital's entire executive team on paid leave and launch an internal investigation that
remains under wraps.
Since the lawsuit was filed in July 2009, the attorneys who represent the fired executives
have been trying to get a clearer picture of what happened at the Coco's meeting.
At first, Tri-City's lawyers were successful in sheltering the four directors from deposition
requests on grounds that their conversations were protected by attorney-client privilege.
But in this week's ruling, Judge Whelan found that the Coco's meeting was subject to the
Brown Act, which requires open, publicly noticed meetings. The act requires public boards
to notice meetings if a majority of an elected body's membership is present.
Tri-City's lawyers had argued that the presence of Coulter and Anderson didn't violate the
quorum rule, because they hadn't yet assumed their duties as new board members. But
Judge Whelan disagreed.
In his ruling, the judge stated that the law considers elected officials to be part of a
governing body when they are elected, not when they are seated.
"Thus, for the purposes of the Brown Act, a four-member majority of the seven-member
TCHD Board attended the Coco's meeting," Whelan stated in his ruling.
The judge went on to rule that the conversation that occurred at Coco's is not protected
by attorney-client privilege because any discussion with attorney Biggs "necessarily
furthered the Brown Act violation."
Teresa Connors, director of media relations for Tri-City, said in an e-mail Wednesday that
the healthcare district disagrees with the legal reasoning outlined in the judge's ruling.
"The board believes Judge Whelan misinterpreted key provisions of the Brown Act, and
their application to facts of the case. The board is confident that no laws were broken,"
Connors said.
depending on whose testimony is sought.
REGION: New ruling favors attorneys for fired Tri-City
executives
BY PAUL SISSON
nctimes.com |
November 30, 2011
U.S. District Judge Thomas Whelan ruled that attorneys for the five former executives ----
who were put on paid leave by Tri-City in December 2008 and fired several months later
---- can depose four hospital officials and an attorney who met at a Coco's restaurant in
Vista on Nov. 20, 2008.
A spokeswoman for the healthcare district said Wednesday that the matter is not settled.
Tri-City will appeal.
The meeting at Coco's involved attorney Julie Biggs, hospital board members Kathleen
Sterling and RoseMarie Reno, and board members-elect George Coulter and Charlene
Anderson.
Roughly a month later, the four board members voted in a closed-door session to put the
hospital's entire executive team on paid leave and launch an internal investigation that
remains under wraps.
Since the lawsuit was filed in July 2009, the attorneys who represent the fired executives
have been trying to get a clearer picture of what happened at the Coco's meeting.
At first, Tri-City's lawyers were successful in sheltering the four directors from deposition
requests on grounds that their conversations were protected by attorney-client privilege.
But in this week's ruling, Judge Whelan found that the Coco's meeting was subject to the
Brown Act, which requires open, publicly noticed meetings. The act requires public boards
to notice meetings if a majority of an elected body's membership is present.
Tri-City's lawyers had argued that the presence of Coulter and Anderson didn't violate the
quorum rule, because they hadn't yet assumed their duties as new board members. But
Judge Whelan disagreed.
In his ruling, the judge stated that the law considers elected officials to be part of a
governing body when they are elected, not when they are seated.
"Thus, for the purposes of the Brown Act, a four-member majority of the seven-member
TCHD Board attended the Coco's meeting," Whelan stated in his ruling.
The judge went on to rule that the conversation that occurred at Coco's is not protected
by attorney-client privilege because any discussion with attorney Biggs "necessarily
furthered the Brown Act violation."
Teresa Connors, director of media relations for Tri-City, said in an e-mail Wednesday that
the healthcare district disagrees with the legal reasoning outlined in the judge's ruling.
"The board believes Judge Whelan misinterpreted key provisions of the Brown Act, and
their application to facts of the case. The board is confident that no laws were broken,"
Connors said.