| 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 |
| Deposition of Ray Artiano 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 www.stutzartiano.com http://www.skyradionet.com/lawyers2.cfm Two questions for Ray: 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"? |
| 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 - 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/D047158.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/173747730_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 |
| 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 |
| Home Why This Website SDCOE CVESD Castle Park Elem Law Enforcement CTA CVE Stutz Artiano Shinoff Silence is Golden Schools and Violence Office Admin Hearings Larkins OAH Hearing |
| 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) |
| Sam Farahani v. San Diego Community College District Filed 7/28/09 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.” |
| 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. |
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 |