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        

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        
San Diego Education
Report Blog
Problem Lawyers Blog
Maura Larkins Case
List of School Districts
Lawyers
Public Entities & Press
Larkins case
summary
New: Timeline with
links to court docs
Home

Why This Website

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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,
Serving Artiano
Cases
Attorney Ray Artiano--one of the
"best legal 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

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        
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.”
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
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.
Ray James Artiano - #88916

Bar Number         88916
Address         Stutz Artiano Shinoff & Holtz
2488 Historic Decatur Rd #200
San Diego, CA 92106-6113         Phone Number         (619)
232-3122
Fax Number         (619) 232-3264
District         District 9         Undergraduate School         
Boston Univ; Boston MA
County         San Diego         Law School         Univ of San
Diego SOL; San Diego CA
Sections         None
Status History
Effective Date        Status Change
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
Case Number:           
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
Barton, Jeffrey B.             Ex
Parte        
37-2009-00092883-CU-BC-CTL
    
P)Arthur Gonzalez           
Ray J Artiano            


Central
6 week trial during first 3
months of 2009
Judge Judith Hayes
Jeffrey Wade
Tri-City Hospital cases:

Central
08/26/09 08:30AM C-69    
Ex Parte        
37-2009-00092883-CU-BC-CTL
   
 
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-NC
     
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
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