Irony: Judge Judith
Hayes said Peter James
Longanbach “willfully
violated both the spirit
and the letter” of the law
requiring disclosure of
evidence.
On the other hand, Judge
Hayes allowed Plaintiff
Daniel Shinoff to
completely avoid being
deposed and producing
critical documents. Then
she found in Shinoff's
favor in a summary
judgement based on his
declaration, while at the
same time throwing out
defendant's declaration.
Defendant had sat for a
six-hour deposition and
produced hundreds of
documents.
Peter James Longanbach
P O Box 2020
Pinehurst, NC 28370
Undergraduate School
Univ of Washington; Seattle
WA
Law School
California Western SOL; San
Diego CA
This member is inactive, but
is eligible to become active.
10/20/2004 Active
1/7/2002 Not Eligible
1/18/1971 Admitted
3/4/2004 Discipline
w/actual suspension
01-C-583 Not Eligible To
Practice Law
1/7/2002 Interim
suspension after
conviction
01-C-583 Not Eligible To
Practice Law
10/19/2004 04-V-
12515 Decision
California Bar Journal
Discipline Summaries
March 3, 2004
PETER J. LONGANBACH
[#48988], 59, of Pinehurst, N.
C. was suspended for three
years, stayed, placed on
three years of probation with
an actual two-year
suspension and until he
proves his rehabilitation, and
was ordered to take the
MPRE and comply with rule
955. Credit will be given for
an interim suspension that
began Jan. 7, 2002. The order
took effect March 3, 2004.
Longanbach, a former deputy
district attorney in San Diego
County, was convicted of
grant theft in 2001 after
admitting he worked on
private matters during work
hours and used the DA’s fax,
copy machine and
telephones for personal
purposes.
In mitigation, Longanbach
had no prior discipline
record, he cooperated with
the bar’s investigation and he
presented evidence of his
good character.
January 7, 2002
A former San Diego deputy
district attorney was placed
on interim suspension early
this year after pleading guilty
to one count of grand theft, a
charge that resulted from
conducting his real estate
business out of his office.
PETER JAMES LONGANBACH
[#48988], 56, of Rancho
Santa Fe, who once headed
the DA’s economic fraud unit,
lost his license Jan. 7.
Longanbach quit his job two
years ago after state
investigators searched his
home and office at the San
Diego Hall of Justice as part
of an investigation into his
financial dealings.
Although he could have been
sentenced to three years in
prison, Longanbach was
ordered last month to spend
350 hours teaching
underprivileged children to
play golf and to organize a
charity golf tournament. San
Diego Superior Court Judge
Kenneth So also placed
Longanbach on probation for
three years and ordered him
to spend one day in jail.
After a 17-month
investigation by the attorney
general, Longanbach was
indicted by a grand jury last
year on 12 felony charges
including misuse of public
funds, grand theft and
embezzlement. The
investigation was launched
when two secretaries
complained he was forcing
them to work on his personal
business during work hours.
Transcripts of the grand jury
testimony showed he used
employees to type personal
letters, prepare leases for
rental properties and run
errands. One secretary
testified she sometimes
spent between 50 and 75
percent of her work time on
Longanbach’s personal
business. An avid golfer, he
also was investigated for
playing golf during work
hours, but was never
charged with that offense.
In a plea bargain reached
with the attorney general,
Longanbach wrote, “I used
San Diego district attorney
staff to prepare personal
documents. I used San Diego
district attorney’s office fax,
copy machine and telephone
equipment for personal
purposes, and I worked on
private matters during
district attorney office hours.”
As part of the agreement, he
will pay San Diego County
$25,000 in restitution. The
judge said he opted for
probation rather than prison
because Longanbach had
never before been convicted
of a crime.
Over the course of the
investigation, 34 witnesses
testified before the grand
jury, most of them fellow
employees.
The grand theft plea was the
culmination of Longanbach’s
legal woes, which began
following his successful
prosecution of a 1996 murder
trial. An appeals court
overturned the defendant’s
second-degree murder
conviction two years later,
citing a legal error by the
judge.
A second trial was held amid
allegations by the defense
attorney that Longanbach
coached a key witness to lie.
The witness admitted she
perjured herself and
Longanbach, called as a
witness, took the Fifth
Amendment against self-
incrimination and refused to
answer questions.
The defendant was found
guilty last year of the less
serious charge of involuntary
manslaughter by a second
jury. He subsequently filed a
federal lawsuit against
Longanbach and the district
attorney’s office, charging
that the former prosecutor
engaged in criminal conduct
to win a murder conviction.
As a result of the murder
case, Longanbach became
the subject of a separate
criminal investigation by the
attorney general.
In addition, a San Diego
Superior Court judge ruled in
2000 that Longanbach
committed prosecutorial
misconduct in a 1998 grand
theft and forgery case. Judge
Judith Hayes said he “willfully
violated both the spirit and
the letter” of the law
requiring disclosure of
evidence.
Longanbach’s name is
playing a prominent role in
this month’s primary election
for district attorney in San
Diego, where Paul Pfingst,
seeking a third four-year
term, faces a challenge from
three other candidates.
Pfingst’s opponents say he
failed to discipline
Longanbach properly when
allegations were made
against him in 1998, pointing
to the investigation that
included a raid on the DA’s
downtown offices seeking
evidence. In addition, they
criticize Pfingst for giving
Longanbach a raise when he
knew about the secretaries’
complaints.
Judge:
Hayes, Judith Frances
Ritch
San Diego
Admission Date December
1977
Hayes said Peter James
Longanbach “willfully
violated both the spirit
and the letter” of the law
requiring disclosure of
evidence.
On the other hand, Judge
Hayes allowed Plaintiff
Daniel Shinoff to
completely avoid being
deposed and producing
critical documents. Then
she found in Shinoff's
favor in a summary
judgement based on his
declaration, while at the
same time throwing out
defendant's declaration.
Defendant had sat for a
six-hour deposition and
produced hundreds of
documents.
Peter James Longanbach
P O Box 2020
Pinehurst, NC 28370
Undergraduate School
Univ of Washington; Seattle
WA
Law School
California Western SOL; San
Diego CA
This member is inactive, but
is eligible to become active.
10/20/2004 Active
1/7/2002 Not Eligible
1/18/1971 Admitted
3/4/2004 Discipline
w/actual suspension
01-C-583 Not Eligible To
Practice Law
1/7/2002 Interim
suspension after
conviction
01-C-583 Not Eligible To
Practice Law
10/19/2004 04-V-
12515 Decision
California Bar Journal
Discipline Summaries
March 3, 2004
PETER J. LONGANBACH
[#48988], 59, of Pinehurst, N.
C. was suspended for three
years, stayed, placed on
three years of probation with
an actual two-year
suspension and until he
proves his rehabilitation, and
was ordered to take the
MPRE and comply with rule
955. Credit will be given for
an interim suspension that
began Jan. 7, 2002. The order
took effect March 3, 2004.
Longanbach, a former deputy
district attorney in San Diego
County, was convicted of
grant theft in 2001 after
admitting he worked on
private matters during work
hours and used the DA’s fax,
copy machine and
telephones for personal
purposes.
In mitigation, Longanbach
had no prior discipline
record, he cooperated with
the bar’s investigation and he
presented evidence of his
good character.
January 7, 2002
A former San Diego deputy
district attorney was placed
on interim suspension early
this year after pleading guilty
to one count of grand theft, a
charge that resulted from
conducting his real estate
business out of his office.
PETER JAMES LONGANBACH
[#48988], 56, of Rancho
Santa Fe, who once headed
the DA’s economic fraud unit,
lost his license Jan. 7.
Longanbach quit his job two
years ago after state
investigators searched his
home and office at the San
Diego Hall of Justice as part
of an investigation into his
financial dealings.
Although he could have been
sentenced to three years in
prison, Longanbach was
ordered last month to spend
350 hours teaching
underprivileged children to
play golf and to organize a
charity golf tournament. San
Diego Superior Court Judge
Kenneth So also placed
Longanbach on probation for
three years and ordered him
to spend one day in jail.
After a 17-month
investigation by the attorney
general, Longanbach was
indicted by a grand jury last
year on 12 felony charges
including misuse of public
funds, grand theft and
embezzlement. The
investigation was launched
when two secretaries
complained he was forcing
them to work on his personal
business during work hours.
Transcripts of the grand jury
testimony showed he used
employees to type personal
letters, prepare leases for
rental properties and run
errands. One secretary
testified she sometimes
spent between 50 and 75
percent of her work time on
Longanbach’s personal
business. An avid golfer, he
also was investigated for
playing golf during work
hours, but was never
charged with that offense.
In a plea bargain reached
with the attorney general,
Longanbach wrote, “I used
San Diego district attorney
staff to prepare personal
documents. I used San Diego
district attorney’s office fax,
copy machine and telephone
equipment for personal
purposes, and I worked on
private matters during
district attorney office hours.”
As part of the agreement, he
will pay San Diego County
$25,000 in restitution. The
judge said he opted for
probation rather than prison
because Longanbach had
never before been convicted
of a crime.
Over the course of the
investigation, 34 witnesses
testified before the grand
jury, most of them fellow
employees.
The grand theft plea was the
culmination of Longanbach’s
legal woes, which began
following his successful
prosecution of a 1996 murder
trial. An appeals court
overturned the defendant’s
second-degree murder
conviction two years later,
citing a legal error by the
judge.
A second trial was held amid
allegations by the defense
attorney that Longanbach
coached a key witness to lie.
The witness admitted she
perjured herself and
Longanbach, called as a
witness, took the Fifth
Amendment against self-
incrimination and refused to
answer questions.
The defendant was found
guilty last year of the less
serious charge of involuntary
manslaughter by a second
jury. He subsequently filed a
federal lawsuit against
Longanbach and the district
attorney’s office, charging
that the former prosecutor
engaged in criminal conduct
to win a murder conviction.
As a result of the murder
case, Longanbach became
the subject of a separate
criminal investigation by the
attorney general.
In addition, a San Diego
Superior Court judge ruled in
2000 that Longanbach
committed prosecutorial
misconduct in a 1998 grand
theft and forgery case. Judge
Judith Hayes said he “willfully
violated both the spirit and
the letter” of the law
requiring disclosure of
evidence.
Longanbach’s name is
playing a prominent role in
this month’s primary election
for district attorney in San
Diego, where Paul Pfingst,
seeking a third four-year
term, faces a challenge from
three other candidates.
Pfingst’s opponents say he
failed to discipline
Longanbach properly when
allegations were made
against him in 1998, pointing
to the investigation that
included a raid on the DA’s
downtown offices seeking
evidence. In addition, they
criticize Pfingst for giving
Longanbach a raise when he
knew about the secretaries’
complaints.
Judge:
Hayes, Judith Frances
Ritch
San Diego
Admission Date December
1977
More on this case:
Filed 6/1/06; pub. order 6/26/06
COURT OF APPEAL, FOURTH
APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
JEFF KACHA, Plaintiff and
Appellant, v. ALLSTATE
INSURANCE COMPANY,
Defendant and Respondent.
D046961
(Super. Ct. No. GIC829749)
APPEAL from a judgment of the
Superior Court of San Diego
County, Judith F. Hayes, Judge.
Reversed with directions.
This is an appeal from a
judgment confirming an
insurance appraisal award. It is
settled that "appraisers have the
power only to determine a
specific question of fact, 'namely,
the actual cash value of the
insured [item].' " (Safeco Ins. Co.
v. Sharma (1984) 160
Cal.App.3d 1060, 1063
(Sharma); Ins. Code, § 2071.)
Plaintiff Jeff Kacha contends the
award here exceeds the
appraisers' jurisdiction as it
includes determinations of
whether certain damages were
covered by his insurer,
defendant Allstate Insurance
Company (Allstate), and the trial
court erred by finding he waived
the jurisdictional rule of Sharma
and section 2071. Kacha also
contends the court erred by
finding he is precluded from
challenging the appraisal award
because he took possession of,
but did not negotiate, checks
Allstate provided him to cover the
award.
We agree with Kacha on both
points. We reverse the judgment
and direct the trial court on
remand to enter an order
vacating the appraisal award.
FACTUAL AND PROCEDURAL
BACKGROUND
Kacha and his wife Tania
Kacha's custom home in the
Scripps Ranch area of San
Diego was completed in July
2002. In October 2003 the home
and personal property were
damaged by heat and smoke in
a wildfire designated the Cedar
Fire. Homes on three sides of
Kacha's property burned to the
ground. Allstate provided
Kacha's homeowners
insurance. Allstate valued the
cost to clean the home and
contents at $25,799.77, and it
paid that amount to Kacha.
Kacha then retained Kevin
Dawson, of Professional
Insurance Evaluations, a
licensed public adjuster, to
assist him in the presentation of
his claim. In December 2003
Kacha demanded an appraisal,
as provided by Allstate's policy if
the parties could not agree on
the amount of loss. In May 2004
Kacha submitted a sworn
statement claiming $639,688.82
in covered losses, supported by
inventories Dawson prepared.
The claim included the cleaning
of damaged property "when
applicable" and "the repair or
replacement of permanently
damaged property." The same
month, Kacha petitioned the
superior court to compel an
appraisal and appoint an
umpire. Allstate opposed the
petition on the ground of
prematurity, arguing an
appraisal was inappropriate
until and unless the extent of
covered loss was established,
on which a value could be
determined. Allstate advised the
court that under Sharma, supra,
160 Cal.App.3d 1060, "an
appraisal panel is empowered
to determine the value of a loss
and not coverage issues, such
as the extent of the loss."
The court granted Kacha's
motion to compel an appraisal
and appointed the Honorable
Anthony Joseph, a retired
superior court judge, as umpire.
Each of the parties was entitled
to choose an arbitrator. Kacha
chose Keith Charleston and
Allstate chose Louis Heilbron.
Under the policy, if the parties'
appraisers could not agree on
valuation, a written award
agreed on by Judge Joseph and
one of the appraisers would
determine valuation.
In an August 2004 letter, Judge
Joseph asked the parties to
agree on "a draft form for the
award." The following month
Judge Joseph renewed his
request.
In late October 2004 Allstate
provided Kacha's attorney, Peter
Lawrence, and Dawson with a
draft form appraisal award. The
form included several pages of
damaged items Kacha claimed
were covered under the policy,
such as kitchen cabinets and
flooring, garage cabinets and
flooring, and carpet and interior
walls. For each item, the form
provided: "Damage, if any, to the
[e.g., kitchen cabinets]
attributable to the fire of October
26, 2003." The form included a
line for the entry of a dollar
amount for each item.
The appraisal was held at
Kacha's home, on November 15
and 16, 2004, and January 4,
2005. Allstate presented an
appraisal brief that stated, "[T]his
is not your standard appraisal
where value of the loss is the
only issue; there are still many
issues regarding the existence
and scope of damage that have
not been resolved between the
parties. This is due in large part
to the insureds' prematurely
demanding appraisal without
coming to an agreement upon a
scope of loss or even providing
Allstate with the specifics of their
claim." The brief asserted that
damage to numerous items was
not caused by smoke or heat
from the Cedar Fire.
Filed 6/1/06; pub. order 6/26/06
COURT OF APPEAL, FOURTH
APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
JEFF KACHA, Plaintiff and
Appellant, v. ALLSTATE
INSURANCE COMPANY,
Defendant and Respondent.
D046961
(Super. Ct. No. GIC829749)
APPEAL from a judgment of the
Superior Court of San Diego
County, Judith F. Hayes, Judge.
Reversed with directions.
This is an appeal from a
judgment confirming an
insurance appraisal award. It is
settled that "appraisers have the
power only to determine a
specific question of fact, 'namely,
the actual cash value of the
insured [item].' " (Safeco Ins. Co.
v. Sharma (1984) 160
Cal.App.3d 1060, 1063
(Sharma); Ins. Code, § 2071.)
Plaintiff Jeff Kacha contends the
award here exceeds the
appraisers' jurisdiction as it
includes determinations of
whether certain damages were
covered by his insurer,
defendant Allstate Insurance
Company (Allstate), and the trial
court erred by finding he waived
the jurisdictional rule of Sharma
and section 2071. Kacha also
contends the court erred by
finding he is precluded from
challenging the appraisal award
because he took possession of,
but did not negotiate, checks
Allstate provided him to cover the
award.
We agree with Kacha on both
points. We reverse the judgment
and direct the trial court on
remand to enter an order
vacating the appraisal award.
FACTUAL AND PROCEDURAL
BACKGROUND
Kacha and his wife Tania
Kacha's custom home in the
Scripps Ranch area of San
Diego was completed in July
2002. In October 2003 the home
and personal property were
damaged by heat and smoke in
a wildfire designated the Cedar
Fire. Homes on three sides of
Kacha's property burned to the
ground. Allstate provided
Kacha's homeowners
insurance. Allstate valued the
cost to clean the home and
contents at $25,799.77, and it
paid that amount to Kacha.
Kacha then retained Kevin
Dawson, of Professional
Insurance Evaluations, a
licensed public adjuster, to
assist him in the presentation of
his claim. In December 2003
Kacha demanded an appraisal,
as provided by Allstate's policy if
the parties could not agree on
the amount of loss. In May 2004
Kacha submitted a sworn
statement claiming $639,688.82
in covered losses, supported by
inventories Dawson prepared.
The claim included the cleaning
of damaged property "when
applicable" and "the repair or
replacement of permanently
damaged property." The same
month, Kacha petitioned the
superior court to compel an
appraisal and appoint an
umpire. Allstate opposed the
petition on the ground of
prematurity, arguing an
appraisal was inappropriate
until and unless the extent of
covered loss was established,
on which a value could be
determined. Allstate advised the
court that under Sharma, supra,
160 Cal.App.3d 1060, "an
appraisal panel is empowered
to determine the value of a loss
and not coverage issues, such
as the extent of the loss."
The court granted Kacha's
motion to compel an appraisal
and appointed the Honorable
Anthony Joseph, a retired
superior court judge, as umpire.
Each of the parties was entitled
to choose an arbitrator. Kacha
chose Keith Charleston and
Allstate chose Louis Heilbron.
Under the policy, if the parties'
appraisers could not agree on
valuation, a written award
agreed on by Judge Joseph and
one of the appraisers would
determine valuation.
In an August 2004 letter, Judge
Joseph asked the parties to
agree on "a draft form for the
award." The following month
Judge Joseph renewed his
request.
In late October 2004 Allstate
provided Kacha's attorney, Peter
Lawrence, and Dawson with a
draft form appraisal award. The
form included several pages of
damaged items Kacha claimed
were covered under the policy,
such as kitchen cabinets and
flooring, garage cabinets and
flooring, and carpet and interior
walls. For each item, the form
provided: "Damage, if any, to the
[e.g., kitchen cabinets]
attributable to the fire of October
26, 2003." The form included a
line for the entry of a dollar
amount for each item.
The appraisal was held at
Kacha's home, on November 15
and 16, 2004, and January 4,
2005. Allstate presented an
appraisal brief that stated, "[T]his
is not your standard appraisal
where value of the loss is the
only issue; there are still many
issues regarding the existence
and scope of damage that have
not been resolved between the
parties. This is due in large part
to the insureds' prematurely
demanding appraisal without
coming to an agreement upon a
scope of loss or even providing
Allstate with the specifics of their
claim." The brief asserted that
damage to numerous items was
not caused by smoke or heat
from the Cedar Fire.
Judge JUDITH F. HAYES
Case Types: Civil
Department SD-68
Location: Hall of Justice
FIFTH FLOOR
330 W. Broadway
San Diego, CA 92101
Research attorney:
Monica Barry
Clerk: CARMEN M.
WALKER
619-685-6147 (courtroom)
Cal. Clerk: ROSIE
PORTILLO
619-685-6026 (calendar
clerk)
Reporter:
MARVEL VOTAW
Certified Shorthand
Reporter
license: 2817
Reporters' Address:
P.O.BOX 120128
SAN DIEGO, CA
92112-0128
Case Types: Civil
Department SD-68
Location: Hall of Justice
FIFTH FLOOR
330 W. Broadway
San Diego, CA 92101
Research attorney:
Monica Barry
Clerk: CARMEN M.
WALKER
619-685-6147 (courtroom)
Cal. Clerk: ROSIE
PORTILLO
619-685-6026 (calendar
clerk)
Reporter:
MARVEL VOTAW
Certified Shorthand
Reporter
license: 2817
Reporters' Address:
P.O.BOX 120128
SAN DIEGO, CA
92112-0128
Judge: Honorable Judith Hayes
Plaintiff counsel: David D. Miller
Defendants’ counsel: James D. Boley of Neil Dymott Frank McFall & Trexler and
James J. Wallace (Dr. Fenn)
Case Title: Lindsey Kalal v. Roger A. Barnes, M.D. et al
Case Number: GIC 855813
Settlement demand: $250,000Settlement offer: NoneTrial
Type: Jury trialTrial length: 6 days
Verdict: Defense verdict for both physicians
Medical Malpractice/Informed Consent - Administra-tion of general anesthesia during
KTP turn-binoplasty/septoplasty
Plaintiff counsel: David D. Miller
Defendants’ counsel: James D. Boley of Neil Dymott Frank McFall & Trexler and
James J. Wallace (Dr. Fenn)
Case Title: Lindsey Kalal v. Roger A. Barnes, M.D. et al
Case Number: GIC 855813
Settlement demand: $250,000Settlement offer: NoneTrial
Type: Jury trialTrial length: 6 days
Verdict: Defense verdict for both physicians
Medical Malpractice/Informed Consent - Administra-tion of general anesthesia during
KTP turn-binoplasty/septoplasty
Dan Goldstein for
judge
Endorsements
(partial list)
Law Enforcement
San Diego Police Officers
Association
Chula Vista Police Officers
Association
La Mesa Police Officers
Association
Oceanside Police Officers
Association
National City Police Officers
Association
El Cajon Police Officers
Association
Coronado Police Officers
Association
Escondido Police Officers
Association
Peace Officers Research
Association of California
(PORAC)
San Diego Deputy Sheriffs
Association
California Correctional Peace
Officers Association
San Diego Deputy District
Attorneys Association
Women Prosecutors of
California
San Diego County Fraternal
Order of Police
San Diego District Attorney
Investigator’s Association
San Diegans Against Crime
Fire & Safety
San Diego City Firefighters
Chula Vista Firefighters
Association IAFF Local 2180
El Cajon Fire Firefighters
Association
National City Firefighters Local
2744
Oceanside Firefighters
Association
Rick Bury, Chief, Summerland-
Carpenteria Fire Department
Crime Victims Organizations &
Individuals
Crime Victims United
Doris Tate Crime Victims
Bureau
Citizens for Law and Order
Paula Myers, Current President
of the Victim’s Assistance
Coordinating Council and Victim
Services Director of Mothers
Against Drunk Driving San
Diego County
Susan Fisher, Executive
Director, Doris Tate Crime
Victims Bureau
Other Organizations
Republican Party of San Diego
County
San Diego-Imperial Counties
Central Labor Council
Fairbanks Republican Women
Federated
Elected Officials and
Community Leaders
California Assemblyman Jay
LaSuer
San Diego City Attorney Casey
Gwinn
Elmer Heap, San Diego Deputy
City Attorney
Mark Pettine, San Diego County
Deputy District
Attorney
Michael T. Smyth, Assistant to
Chief of Police/Judicial
Candidate
Borton, Petrini & Conron, LLP
Vincent Bartolotta
Rocky Copley
Leslie Devaney
Barry Jantz
Ken Turek
Robert Vaage
Henry Heater
George Kaelin
Jay Harn
Mike Neil
Superior Court Judges
Hon. Frank A. Brown
Hon. William S. Cannon
Hon. Timothy Casserly
Hon. Federico Castro (ret.)
Hon. Roy B. Cazares
Hon. Peter Deddeh
Hon. Vincent DiFiglia
Hon. H. Ronald Domnitz
Hon. Bonnie Dumanis
Hon. Harry M. Elias
Hon. Jeffrey F. Fraser
Hon. Gerald C. Jessop
Hon. Lisa Guy-Schall
Hon. Albert T. Harutunian III
Hon. Judith F. Hayes
Hon. Thomas C. Hendrix
Hon. K. Michael Kirkman
Hon. William H. Kronberger
Hon. Melinda J. Lasater
Hon. Joan M. Lewis
Hon. Frederic L. Link
Hon. Frederick Maguire
Hon. Runston G. Maino
Hon. Wesley R. Mason III
Hon. Dana M. Sabraw
Hon. Gus James Skropos (San
Bernardino County)
Hon. Michael Tynan (Los
Angeles County)
Hon. Ingrid Uhler (San
Bernardino County)
Hon. Michael D. Wellington
Hon. Browder A. Willis III
judge
Endorsements
(partial list)
Law Enforcement
San Diego Police Officers
Association
Chula Vista Police Officers
Association
La Mesa Police Officers
Association
Oceanside Police Officers
Association
National City Police Officers
Association
El Cajon Police Officers
Association
Coronado Police Officers
Association
Escondido Police Officers
Association
Peace Officers Research
Association of California
(PORAC)
San Diego Deputy Sheriffs
Association
California Correctional Peace
Officers Association
San Diego Deputy District
Attorneys Association
Women Prosecutors of
California
San Diego County Fraternal
Order of Police
San Diego District Attorney
Investigator’s Association
San Diegans Against Crime
Fire & Safety
San Diego City Firefighters
Chula Vista Firefighters
Association IAFF Local 2180
El Cajon Fire Firefighters
Association
National City Firefighters Local
2744
Oceanside Firefighters
Association
Rick Bury, Chief, Summerland-
Carpenteria Fire Department
Crime Victims Organizations &
Individuals
Crime Victims United
Doris Tate Crime Victims
Bureau
Citizens for Law and Order
Paula Myers, Current President
of the Victim’s Assistance
Coordinating Council and Victim
Services Director of Mothers
Against Drunk Driving San
Diego County
Susan Fisher, Executive
Director, Doris Tate Crime
Victims Bureau
Other Organizations
Republican Party of San Diego
County
San Diego-Imperial Counties
Central Labor Council
Fairbanks Republican Women
Federated
Elected Officials and
Community Leaders
California Assemblyman Jay
LaSuer
San Diego City Attorney Casey
Gwinn
Elmer Heap, San Diego Deputy
City Attorney
Mark Pettine, San Diego County
Deputy District
Attorney
Michael T. Smyth, Assistant to
Chief of Police/Judicial
Candidate
Borton, Petrini & Conron, LLP
Vincent Bartolotta
Rocky Copley
Leslie Devaney
Barry Jantz
Ken Turek
Robert Vaage
Henry Heater
George Kaelin
Jay Harn
Mike Neil
Superior Court Judges
Hon. Frank A. Brown
Hon. William S. Cannon
Hon. Timothy Casserly
Hon. Federico Castro (ret.)
Hon. Roy B. Cazares
Hon. Peter Deddeh
Hon. Vincent DiFiglia
Hon. H. Ronald Domnitz
Hon. Bonnie Dumanis
Hon. Harry M. Elias
Hon. Jeffrey F. Fraser
Hon. Gerald C. Jessop
Hon. Lisa Guy-Schall
Hon. Albert T. Harutunian III
Hon. Judith F. Hayes
Hon. Thomas C. Hendrix
Hon. K. Michael Kirkman
Hon. William H. Kronberger
Hon. Melinda J. Lasater
Hon. Joan M. Lewis
Hon. Frederic L. Link
Hon. Frederick Maguire
Hon. Runston G. Maino
Hon. Wesley R. Mason III
Hon. Dana M. Sabraw
Hon. Gus James Skropos (San
Bernardino County)
Hon. Michael Tynan (Los
Angeles County)
Hon. Ingrid Uhler (San
Bernardino County)
Hon. Michael D. Wellington
Hon. Browder A. Willis III
Central
6 week trial during first
3 months of 2009
Judge Judith Hayes
Jeffrey Wade
6 week trial during first
3 months of 2009
Judge Judith Hayes
Jeffrey Wade
Balestreri v. Neighborhood Healthcare
Case Number: GIC 807852
Judge: Honorable Judith Hayes
Plaintiff Counsel: Gideon Sinasohn, Esq. of
Law Offices of Gideon E. Sinasohn
Defense Counsel: Daniel S. Belsky, Esq. of
Belsky & Associates
Type of Incident/Causes of Action: Medical
Malpractice/failure to diagnose spinal tumor
Settlement Demands:
Settlement Offers: Plaintiff made CCP 998
offer for $229,999
Trial Type: Jury
Trial Length: 9 days
Verdict: Defens
Case Number: GIC 807852
Judge: Honorable Judith Hayes
Plaintiff Counsel: Gideon Sinasohn, Esq. of
Law Offices of Gideon E. Sinasohn
Defense Counsel: Daniel S. Belsky, Esq. of
Belsky & Associates
Type of Incident/Causes of Action: Medical
Malpractice/failure to diagnose spinal tumor
Settlement Demands:
Settlement Offers: Plaintiff made CCP 998
offer for $229,999
Trial Type: Jury
Trial Length: 9 days
Verdict: Defens
Parker v. Spievak
Plaintiff: Robert Parker
Defendant: San Diego attorney James R. Spievak, a.k.a. "Jim Spievak" or "Jimmy"
Case number GIC876457 in San Diego Superior Court, filed December, 2006
Judge (original): Hon. Linda B. Quinn
Judge (final): Hon. Judith Hayes
Causes of Action (stated by Parker against Spievak)
* Legal Malpractice
* Fraud
* Breach of Contract
The underlying case: Defendant Spievak represented Parker in the underlying case of
Parker v. Behrouzi, filed May 2004, in which Parker and his wife sued neighboring tenants
Behzad Behrouzi, Kevin Scott Bourne, Don Barks, Benjamin Daggett, and their landlord,
SDSU nurse-midwife program coordinator Lauren Hunter.
Complaint Filed
August 2007
First Amended Complaint filed
November 2007
Settled, Spievak's malpractice insurance carrier paid Parker $20,000
Plaintiff: Robert Parker
Defendant: San Diego attorney James R. Spievak, a.k.a. "Jim Spievak" or "Jimmy"
Case number GIC876457 in San Diego Superior Court, filed December, 2006
Judge (original): Hon. Linda B. Quinn
Judge (final): Hon. Judith Hayes
Causes of Action (stated by Parker against Spievak)
* Legal Malpractice
* Fraud
* Breach of Contract
The underlying case: Defendant Spievak represented Parker in the underlying case of
Parker v. Behrouzi, filed May 2004, in which Parker and his wife sued neighboring tenants
Behzad Behrouzi, Kevin Scott Bourne, Don Barks, Benjamin Daggett, and their landlord,
SDSU nurse-midwife program coordinator Lauren Hunter.
Complaint Filed
August 2007
First Amended Complaint filed
November 2007
Settled, Spievak's malpractice insurance carrier paid Parker $20,000
02/11/10 10:30AM
C-68 CV
Hayes, Judith F.
Motion Hearing
37-
2007-00074942-CU-
OE-CTL
Bruce Borad v.
Grossmont Union
High School
Daniel R Shinoff
C-68 CV
Hayes, Judith F.
Motion Hearing
37-
2007-00074942-CU-
OE-CTL
Bruce Borad v.
Grossmont Union
High School
Daniel R Shinoff
Judge Judith F. Hayes (formerly Judith Frances Ritch)
San Diego Superior Court
San Diego Superior Court
What Civil Court Judges Want You to Know | Course Book (CD-ROM ...
NBI
National Business Institute
Continuing Legal Education for Professionals
Oct 2, 2009 ... JUDITH F. HAYES is a civil trial judge in the Civil Division of the
Superior Court of California in the County of San Diego. Judge Hayes ...
These materials were originally developed to accompany the following event: What Civil Court Judges
Want You to Know, held in May 2008 in San Diego, CA., authored by the faculty.
Program Description
Reaching civil litigation case resolution depends on your ability to present your case in the best
possible light. Order today to receive practical suggestions for enhancing your courtroom
performance - from discovery, to motion hearings, to evidence, to handling juries - and increase your
chances of success in the courtroom!
Course Content
1. Case Management and Pretrial Conferences
2. Scheduling Orders
3. Effective and Ineffective Discovery Practices
4. Motion Hearings – When, Why, and How?
5. Judges' View on Technology in the Court Room
6. Trial Practice Tips In Civil Court
7. Voir Dire: Do's and Don'ts
8. Witnesses and Evidence: Mistakes to Avoid
9. Opening Statements and Closing Arguments
NBI
National Business Institute
Continuing Legal Education for Professionals
Oct 2, 2009 ... JUDITH F. HAYES is a civil trial judge in the Civil Division of the
Superior Court of California in the County of San Diego. Judge Hayes ...
These materials were originally developed to accompany the following event: What Civil Court Judges
Want You to Know, held in May 2008 in San Diego, CA., authored by the faculty.
Program Description
Reaching civil litigation case resolution depends on your ability to present your case in the best
possible light. Order today to receive practical suggestions for enhancing your courtroom
performance - from discovery, to motion hearings, to evidence, to handling juries - and increase your
chances of success in the courtroom!
Course Content
1. Case Management and Pretrial Conferences
2. Scheduling Orders
3. Effective and Ineffective Discovery Practices
4. Motion Hearings – When, Why, and How?
5. Judges' View on Technology in the Court Room
6. Trial Practice Tips In Civil Court
7. Voir Dire: Do's and Don'ts
8. Witnesses and Evidence: Mistakes to Avoid
9. Opening Statements and Closing Arguments
United Press International
12-18-1998
Man to stand trial in boy's killing
SAN DIEGO, Dec. 18 (UPI)
A judge has ruled that a drifter from
Wisconsin who confessed in court
to killing a 9-year-old boy in a
Southern California beach
restroom is competent to stand
trial.
San Diego Superior Court Judge
Judith Hayes ruled today that 20-
year- old Brandon Wilson should
stand trial for the Nov. 14 killing of
Matthew Cecchi (CHECK-ee) in a
beachside restroom at a
recreational vehicle park in
Oceanside, near San Diego.
Another judge had ordered…
12-18-1998
Man to stand trial in boy's killing
SAN DIEGO, Dec. 18 (UPI)
A judge has ruled that a drifter from
Wisconsin who confessed in court
to killing a 9-year-old boy in a
Southern California beach
restroom is competent to stand
trial.
San Diego Superior Court Judge
Judith Hayes ruled today that 20-
year- old Brandon Wilson should
stand trial for the Nov. 14 killing of
Matthew Cecchi (CHECK-ee) in a
beachside restroom at a
recreational vehicle park in
Oceanside, near San Diego.
Another judge had ordered…
Similar case, different judge:
Pasadena Star-News
Wrong-Way Driver Fit to
Stand Trial
Pasadena Star-News
June 7, 2006 Pasadena Star-
News.
PASADENA -- A man
accused in a deadly wrong-
way collision on the Foothill
(210) Freeway almost six
years ago was declared
mentally competent to
stand trial by a judge
Wednesday.
Charles K. Bandaki, 56,
appeared in Pasadena
Superior Court with
bushy, gray hair fringing
his bald head. He opened
and closed his mouth
repetitively throughout
the short hearing.
Bandaki has been housed at
Patton State Hospital since
he was declared mentally
incapable of standing trial for
charges of second- degree
murder in the death of 22-
year-old Michael John
Sartinsky,…
Pasadena Star-News
Wrong-Way Driver Fit to
Stand Trial
Pasadena Star-News
June 7, 2006 Pasadena Star-
News.
PASADENA -- A man
accused in a deadly wrong-
way collision on the Foothill
(210) Freeway almost six
years ago was declared
mentally competent to
stand trial by a judge
Wednesday.
Charles K. Bandaki, 56,
appeared in Pasadena
Superior Court with
bushy, gray hair fringing
his bald head. He opened
and closed his mouth
repetitively throughout
the short hearing.
Bandaki has been housed at
Patton State Hospital since
he was declared mentally
incapable of standing trial for
charges of second- degree
murder in the death of 22-
year-old Michael John
Sartinsky,…
"In a decision that surprised some..."
--San Diego Daily Transcript
Court Dismisses Labor Agreement Case
I'm one of those that is surprised that Judge Judith Hayes would rule in
favor of labor unions, but NOT surprised that she would rule in favor of a
school district (San Diego Unified School District). The story involves the
PSA (Project Stabilization Agreement) regarding Proposition S funds.
--San Diego Daily Transcript
Court Dismisses Labor Agreement Case
I'm one of those that is surprised that Judge Judith Hayes would rule in
favor of labor unions, but NOT surprised that she would rule in favor of a
school district (San Diego Unified School District). The story involves the
PSA (Project Stabilization Agreement) regarding Proposition S funds.
Judge rules desal plant decision was appropriate
The Associated Press
Posted: 05/12/2009 07:41:53 PM PDT
SAN DIEGO—A San Diego judge has ruled against environmentalists who sued the
California Coastal Commission for approving construction of the largest desalination
plant in the Western Hemisphere.
The Surfrider Foundation and the Planning and Conservation League had argued the
commission failed to require the developer to reduce the amount of marine life that
would be killed in the desalination process in Carlsbad.
Superior Court Judge Judith Hayes ruled Tuesday that the commission's approval of
the project in 2007 did not violate the state water code. The judge noted that the
commission required the developer, Poseidon Resources, to restore 55 acres of
wetlands.
Surfrider has two other lawsuits scheduled for trial next month before Judge Hayes
regarding the plant's lease and permit.
The Associated Press
Posted: 05/12/2009 07:41:53 PM PDT
SAN DIEGO—A San Diego judge has ruled against environmentalists who sued the
California Coastal Commission for approving construction of the largest desalination
plant in the Western Hemisphere.
The Surfrider Foundation and the Planning and Conservation League had argued the
commission failed to require the developer to reduce the amount of marine life that
would be killed in the desalination process in Carlsbad.
Superior Court Judge Judith Hayes ruled Tuesday that the commission's approval of
the project in 2007 did not violate the state water code. The judge noted that the
commission required the developer, Poseidon Resources, to restore 55 acres of
wetlands.
Surfrider has two other lawsuits scheduled for trial next month before Judge Hayes
regarding the plant's lease and permit.
Funeral director admits to embezzlement
2003
SAN DIEGO, California (AP) -- A funeral director was sentenced to three
years in prison for embezzling nearly $400,000 from elderly clients and
spending some of the money to buy gifts for exotic dancers.
Houston Quick Jr., 55, was sentenced Thursday and ordered to never
again work in the funeral business.
Quick stole from clients who paid about $500 each to handle their
cremations. He transferred money from more than 500 families to a
private account for his personal use, prosecutor Tricia Pummill said.
Quick told court officials that he used 75 percent of the money on
advertising for his business, Caring Cremation Services, and 25 percent
on "good times" with two strippers. He never paid them for sex, according
to a county probation report.
Defense attorneys said Quick is being treated for bipolar disorder.
"He'd get on these highs, and things went entirely wrong," defense
attorney Lynn Ball told San Diego Superior Court Judge Judith Hayes.
"Then he'd get in his lows and be very regretful."
Pummill said Quick has repaid $125,118 and plans to raise another
$105,000 by taking out a loan on the house he shares with his wife and
two teenage children.
Pummill said the families likely will get at least half of their money
reimbursed.
Authorities said they have no evidence that Quick lost or mixed up the
remains of any clients.
2003
SAN DIEGO, California (AP) -- A funeral director was sentenced to three
years in prison for embezzling nearly $400,000 from elderly clients and
spending some of the money to buy gifts for exotic dancers.
Houston Quick Jr., 55, was sentenced Thursday and ordered to never
again work in the funeral business.
Quick stole from clients who paid about $500 each to handle their
cremations. He transferred money from more than 500 families to a
private account for his personal use, prosecutor Tricia Pummill said.
Quick told court officials that he used 75 percent of the money on
advertising for his business, Caring Cremation Services, and 25 percent
on "good times" with two strippers. He never paid them for sex, according
to a county probation report.
Defense attorneys said Quick is being treated for bipolar disorder.
"He'd get on these highs, and things went entirely wrong," defense
attorney Lynn Ball told San Diego Superior Court Judge Judith Hayes.
"Then he'd get in his lows and be very regretful."
Pummill said Quick has repaid $125,118 and plans to raise another
$105,000 by taking out a loan on the house he shares with his wife and
two teenage children.
Pummill said the families likely will get at least half of their money
reimbursed.
Authorities said they have no evidence that Quick lost or mixed up the
remains of any clients.
Transient sentenced in
death of elderly California
woman
The Associated Press
SAN DIEGO (AP) - A
transient has been
sentenced to 15 years to life
in prison in the death of an
elderly woman he punched in
the face when she refused to
give him money.
Superior Court Judge Judith
Hayes on Monday also
ordered Eric John Martin,
34, to pay $12,000
restitution.
Martin was convicted of
punching Eva Lopez, 84, at a
restaurant after she and her
daughter refused to give him
money.
Prosecutors said Martin hit
Lopez, causing her to fall
into a seat. She was
unconscious when an
ambulance arrived and died
at a hospital.
death of elderly California
woman
The Associated Press
SAN DIEGO (AP) - A
transient has been
sentenced to 15 years to life
in prison in the death of an
elderly woman he punched in
the face when she refused to
give him money.
Superior Court Judge Judith
Hayes on Monday also
ordered Eric John Martin,
34, to pay $12,000
restitution.
Martin was convicted of
punching Eva Lopez, 84, at a
restaurant after she and her
daughter refused to give him
money.
Prosecutors said Martin hit
Lopez, causing her to fall
into a seat. She was
unconscious when an
ambulance arrived and died
at a hospital.
News: Californian
February 26, 2004
Local contractors guilty of tax evasion
By: Staff and wire reports
SAN DIEGO ---- Two San Diego County men who owned several Southern
California construction companies pleaded guilty to tax evasion and
agreed to make $1.2 million in restitution.
The men, Robert Covington, 44, of Fallbrook and Donald Huffman, 62, of
Del Mar are scheduled to be sentenced March 25 by Superior Court
Judge Judith Hayes.
As a result of a plea bargain, the defendants face up to five years and
eight months in prison.
Covington and Huffman paid restitution of more than $182,000 to the
Franchise Tax Board. The payments include delinquent tax, interest and
the cost of the investigation, state officials said.
The defendants will have to pay additional restitution of more than $1
million to the Employment Development Department and the State
Compensation Insurance Fund within 90 days, officials said.
According to court documents, Covington and Huffman indirectly owned
and operated C&H Framing, an area construction company.
Court documents indicate that C&H Framing was involved in a "cash pay"
scheme involving subcontractors James Joseph, doing business as
Joseph and Sons Construction, and Frederick Flores, doing business as
Pacific Landmark Framing.
The fraudulent scheme illegally reduced their company payroll taxes and
workers' compensation insurance through cash payments erroneously
reported as "cost of goods sold," court documents stated.
As a result, C&H Framing overstated its expenses by more than $1.8
million for the tax years ending 1999, 2000 and 2001, according to the
documents.
Covington and Huffman pleaded guilty to six felony counts, including state
income tax evasion, conspiracy to file false tax returns, payroll tax evasion
and insurance fraud.
Joseph and Flores pleaded guilty to similar tax evasion charges and are
awaiting sentencing.
---- City News Service
February 26, 2004
Local contractors guilty of tax evasion
By: Staff and wire reports
SAN DIEGO ---- Two San Diego County men who owned several Southern
California construction companies pleaded guilty to tax evasion and
agreed to make $1.2 million in restitution.
The men, Robert Covington, 44, of Fallbrook and Donald Huffman, 62, of
Del Mar are scheduled to be sentenced March 25 by Superior Court
Judge Judith Hayes.
As a result of a plea bargain, the defendants face up to five years and
eight months in prison.
Covington and Huffman paid restitution of more than $182,000 to the
Franchise Tax Board. The payments include delinquent tax, interest and
the cost of the investigation, state officials said.
The defendants will have to pay additional restitution of more than $1
million to the Employment Development Department and the State
Compensation Insurance Fund within 90 days, officials said.
According to court documents, Covington and Huffman indirectly owned
and operated C&H Framing, an area construction company.
Court documents indicate that C&H Framing was involved in a "cash pay"
scheme involving subcontractors James Joseph, doing business as
Joseph and Sons Construction, and Frederick Flores, doing business as
Pacific Landmark Framing.
The fraudulent scheme illegally reduced their company payroll taxes and
workers' compensation insurance through cash payments erroneously
reported as "cost of goods sold," court documents stated.
As a result, C&H Framing overstated its expenses by more than $1.8
million for the tax years ending 1999, 2000 and 2001, according to the
documents.
Covington and Huffman pleaded guilty to six felony counts, including state
income tax evasion, conspiracy to file false tax returns, payroll tax evasion
and insurance fraud.
Joseph and Flores pleaded guilty to similar tax evasion charges and are
awaiting sentencing.
---- City News Service
Judge orders jail for teen who threatened Santee, Calif.,
students
BEN FOX, Associated Press August 24, 2001
SAN DIEGO
A teen-ager was sentenced to six months in jail Friday for sending threatening Internet
messages to San Diego-area students just days after a fatal school shooting there.
Patrick Andrew Smith, 18, pleaded guilty last month to sending violent threats to two
teen-age girls from Santee, Calif., including one that said he would "try to finish what
Andy didn't complete."
The message referred to Charles Andrew "Andy" Williams, the 15-year-old charged
with killing two people and wounding 13 at Santana High School in Santee on March 5,
prosecutors said.
Smith has said he only sent the messages as a joke.
"The fact is there were people who were very directly harmed by your words," Superior
Court Judge Judith Hayes told Smith before imposing the sentence.
Smith, of Walkersville, Md., had been free on bail. With credit for time served since his
arrest, he will serve 48 more days in county jail.
He also will serve three years probation and is prohibited from using Internet chat
rooms during that time, the judge said.
The prosecutor argued for a one year sentence, saying the threats caused heightened
fear following the shooting.
Defense attorney Stephen Cline said Smith is an emotionally troubled teen with no
criminal record whose threats were "unfathomably stupid" but intended only as a
prank.
Smith apologized for his "cruel and insensitive actions" in a statement he read before
sentencing. He said he made the threats because he hadn't taken his medication for
depression.
students
BEN FOX, Associated Press August 24, 2001
SAN DIEGO
A teen-ager was sentenced to six months in jail Friday for sending threatening Internet
messages to San Diego-area students just days after a fatal school shooting there.
Patrick Andrew Smith, 18, pleaded guilty last month to sending violent threats to two
teen-age girls from Santee, Calif., including one that said he would "try to finish what
Andy didn't complete."
The message referred to Charles Andrew "Andy" Williams, the 15-year-old charged
with killing two people and wounding 13 at Santana High School in Santee on March 5,
prosecutors said.
Smith has said he only sent the messages as a joke.
"The fact is there were people who were very directly harmed by your words," Superior
Court Judge Judith Hayes told Smith before imposing the sentence.
Smith, of Walkersville, Md., had been free on bail. With credit for time served since his
arrest, he will serve 48 more days in county jail.
He also will serve three years probation and is prohibited from using Internet chat
rooms during that time, the judge said.
The prosecutor argued for a one year sentence, saying the threats caused heightened
fear following the shooting.
Defense attorney Stephen Cline said Smith is an emotionally troubled teen with no
criminal record whose threats were "unfathomably stupid" but intended only as a
prank.
Smith apologized for his "cruel and insensitive actions" in a statement he read before
sentencing. He said he made the threats because he hadn't taken his medication for
depression.
VOICES FROM THE GULAG
ATASCADERO STATE
HOSPRISON SVP
NEWSLETTER ...
May 14, 2000 ... San Diego
Superior Court judge Judith
Hayes denied the dismissal
motion and denied the
motion for a stay. The judge
did transfer venue here ...
detainees.g
ooglepages.com/gulag0700.p
df
ATASCADERO STATE
HOSPRISON SVP
NEWSLETTER ...
May 14, 2000 ... San Diego
Superior Court judge Judith
Hayes denied the dismissal
motion and denied the
motion for a stay. The judge
did transfer venue here ...
detainees.g
ooglepages.com/gulag0700.p
df
Metropolitan News-Enterprise
Friday, August 21, 2009
C.A. Tosses Injunction Against Solicitation of
Former Employer’s Clients
By SHERRI M. OKAMOTO, Staff Writer
The Fourth District Court of Appeal has thrown out the portion of a preliminary
injunction preventing five financial advisors from soliciting their former employer’s
customers to transfer their patronage to a competing brokerage firm.
In a July 30 decision ordered published yesterday, Div. One explained that a trial court
cannot specifically enforce a contractual clause purporting to ban former employees
from soliciting an employer’s customers unless such injunctive relief is based on the
former employees’ independently tortious acts.
The panel then reversed San Diego Superior Court Judge Judith F. Hayes’ order
enjoining James Galante, Michael Lambrix, Tim Sullivan, Jeremy Laub, and Shawn
McElderry from contacting the former and potential clients of The Retirement Group.
The Retirement Group—which bills itself as “a group of financial professionals who
focus entirely on retirement planning and the design of retirement portfolios for the
corporate transitioning employee”—claimed that it spent substantial resources to
develop a customer database through seminars and other marketing efforts
throughout the country.
Before the advisors terminated their independent contractor status with The
Retirement Group and joined Monarch Retirement & Investments in 2008, they had
signed a written “Marketing and License Agreement” in which they promised not to
“disclose or use” the confidential database information after leaving the company.
Alleging that the advisors had misappropriated trade secrets by using contact
information from its confidential database to contact clients and solicit them for the rival
company, The Retirement Group sought and obtained a preliminary injunction that
enjoined numerous categories of conduct.
On appeal, the only aspect of the preliminary injunction challenged was a prohibition
against the advisors from “[d]irectly or indirectly soliciting any current TRG [customers]
to transfer any securities account or relationship from TRG to [advisors] or any broker-
dealer or registered investment advisor other than TRG[.]”
Writing for the appellate court, Justice Alex C. McDonald acknowledged “two competing
strands of legal principles in California” were at issue in this case.
“The first strand, on which Advisors rely, provides that California courts refuse to
enforce most ‘noncompetition’ agreements as violative of a strong public policy…
favoring free competition” he said. “The competing strand, on which TRG relies,
provides that California courts will protect an employer from the misappropriation of its
trade secrets by anyone, including its former employees.”
Based on these principles, McDonald reasoned that an employee may be barred from
soliciting existing customers to redirect their business away from the former employer
and to the employee’s new business if the employee is utilizing trade secret
information to solicit those customers, emphasizing “it is not the solicitation of the
former employer’s customers, but is instead the misuse of trade secret information,
that may be enjoined.”
While client lists can qualify as trade secrets, McDonald added, lists that embody
information readily ascertainable through public sources do not qualify for protection.
As The Retirement Group did not dispute the advisor’s claim that customer information
could be obtained from independent third party sources, McDonald said the client
database was not protectable trade secret information.
The injunctive provision challenged on appeal therefore only served to bar the advisors
from engaging in conduct that was substantively indistinguishable from the
contractually proscribed conduct in a noncompetition agreement, he said. Since such
a covenant is void as an unlawful business restraint unless enforcement is necessary
to protect a trade secret, McDonald concluded the challenged portion of the injunction
could not be upheld.
Joined by Justices Gilbert Nares and Terry B. O’Rourke, McDonald said the trial court
must vacate the preliminary injunction and enter a new and different injunction deleting
the language enjoining advisors from “directly or indirectly soliciting any current TRG
customers to transfer any securities account or relationship from TRG to defendants or
any broker-dealer or registered investment advisor other than TRG.”
The case is The Retirement Group v. Galante, 09 S.O.S. 5079.
Friday, August 21, 2009
C.A. Tosses Injunction Against Solicitation of
Former Employer’s Clients
By SHERRI M. OKAMOTO, Staff Writer
The Fourth District Court of Appeal has thrown out the portion of a preliminary
injunction preventing five financial advisors from soliciting their former employer’s
customers to transfer their patronage to a competing brokerage firm.
In a July 30 decision ordered published yesterday, Div. One explained that a trial court
cannot specifically enforce a contractual clause purporting to ban former employees
from soliciting an employer’s customers unless such injunctive relief is based on the
former employees’ independently tortious acts.
The panel then reversed San Diego Superior Court Judge Judith F. Hayes’ order
enjoining James Galante, Michael Lambrix, Tim Sullivan, Jeremy Laub, and Shawn
McElderry from contacting the former and potential clients of The Retirement Group.
The Retirement Group—which bills itself as “a group of financial professionals who
focus entirely on retirement planning and the design of retirement portfolios for the
corporate transitioning employee”—claimed that it spent substantial resources to
develop a customer database through seminars and other marketing efforts
throughout the country.
Before the advisors terminated their independent contractor status with The
Retirement Group and joined Monarch Retirement & Investments in 2008, they had
signed a written “Marketing and License Agreement” in which they promised not to
“disclose or use” the confidential database information after leaving the company.
Alleging that the advisors had misappropriated trade secrets by using contact
information from its confidential database to contact clients and solicit them for the rival
company, The Retirement Group sought and obtained a preliminary injunction that
enjoined numerous categories of conduct.
On appeal, the only aspect of the preliminary injunction challenged was a prohibition
against the advisors from “[d]irectly or indirectly soliciting any current TRG [customers]
to transfer any securities account or relationship from TRG to [advisors] or any broker-
dealer or registered investment advisor other than TRG[.]”
Writing for the appellate court, Justice Alex C. McDonald acknowledged “two competing
strands of legal principles in California” were at issue in this case.
“The first strand, on which Advisors rely, provides that California courts refuse to
enforce most ‘noncompetition’ agreements as violative of a strong public policy…
favoring free competition” he said. “The competing strand, on which TRG relies,
provides that California courts will protect an employer from the misappropriation of its
trade secrets by anyone, including its former employees.”
Based on these principles, McDonald reasoned that an employee may be barred from
soliciting existing customers to redirect their business away from the former employer
and to the employee’s new business if the employee is utilizing trade secret
information to solicit those customers, emphasizing “it is not the solicitation of the
former employer’s customers, but is instead the misuse of trade secret information,
that may be enjoined.”
While client lists can qualify as trade secrets, McDonald added, lists that embody
information readily ascertainable through public sources do not qualify for protection.
As The Retirement Group did not dispute the advisor’s claim that customer information
could be obtained from independent third party sources, McDonald said the client
database was not protectable trade secret information.
The injunctive provision challenged on appeal therefore only served to bar the advisors
from engaging in conduct that was substantively indistinguishable from the
contractually proscribed conduct in a noncompetition agreement, he said. Since such
a covenant is void as an unlawful business restraint unless enforcement is necessary
to protect a trade secret, McDonald concluded the challenged portion of the injunction
could not be upheld.
Joined by Justices Gilbert Nares and Terry B. O’Rourke, McDonald said the trial court
must vacate the preliminary injunction and enter a new and different injunction deleting
the language enjoining advisors from “directly or indirectly soliciting any current TRG
customers to transfer any securities account or relationship from TRG to defendants or
any broker-dealer or registered investment advisor other than TRG.”
The case is The Retirement Group v. Galante, 09 S.O.S. 5079.
COURT OF APPEAL, FOURTH
APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
JEFF KACHA, Plaintiff and
Appellant, v. ALLSTATE
INSURANCE COMPANY,
Defendant and Respondent.
D046961
(Super. Ct. No. GIC829749)
The attorneys of record are:
Joseph S. Carmellino for Plaintiff
and Appellant.
Berger Kahn and Dale A. Amato
for Defendant and Respondent.
APPEAL from a judgment
of the Superior Court of
San Diego County, Judith
F. Hayes, Judge.
Reversed with directions.
This is an appeal from a
judgment confirming an
insurance appraisal award. It is
settled that "appraisers have the
power only to determine a
specific question of fact, 'namely,
the actual cash value of the
insured [item].' " (Safeco Ins. Co.
v. Sharma (1984) 160 Cal.App.3d
1060, 1063 (Sharma); Ins. Code,
§ 2071.) Plaintiff Jeff Kacha
contends the award here exceeds
the appraisers' jurisdiction as it
includes determinations of
whether certain damages were
covered by his insurer, defendant
Allstate Insurance Company
(Allstate), and the trial court erred
by finding he waived the
jurisdictional rule of Sharma and
section 2071. Kacha also
contends the court erred by
finding he is precluded from
challenging the appraisal award
because he took possession of,
but did not negotiate, checks
Allstate provided him to cover the
award.
We agree with Kacha on both
points. We reverse the judgment
and direct the trial court on
remand to enter an order vacating
the appraisal award.
DISPOSITION
...We reverse the judgment and
direct the trial court on remand to
enter an order granting Kacha's
petition and vacating the
appraisal award. Kacha is
entitled to costs on appeal.
MCCONNELL, P. J.
WE CONCUR:
MCINTYRE, J.
AARON, J.
Filed 6/26/06
CERTIFIED FOR PUBLICATION
APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
JEFF KACHA, Plaintiff and
Appellant, v. ALLSTATE
INSURANCE COMPANY,
Defendant and Respondent.
D046961
(Super. Ct. No. GIC829749)
The attorneys of record are:
Joseph S. Carmellino for Plaintiff
and Appellant.
Berger Kahn and Dale A. Amato
for Defendant and Respondent.
APPEAL from a judgment
of the Superior Court of
San Diego County, Judith
F. Hayes, Judge.
Reversed with directions.
This is an appeal from a
judgment confirming an
insurance appraisal award. It is
settled that "appraisers have the
power only to determine a
specific question of fact, 'namely,
the actual cash value of the
insured [item].' " (Safeco Ins. Co.
v. Sharma (1984) 160 Cal.App.3d
1060, 1063 (Sharma); Ins. Code,
§ 2071.) Plaintiff Jeff Kacha
contends the award here exceeds
the appraisers' jurisdiction as it
includes determinations of
whether certain damages were
covered by his insurer, defendant
Allstate Insurance Company
(Allstate), and the trial court erred
by finding he waived the
jurisdictional rule of Sharma and
section 2071. Kacha also
contends the court erred by
finding he is precluded from
challenging the appraisal award
because he took possession of,
but did not negotiate, checks
Allstate provided him to cover the
award.
We agree with Kacha on both
points. We reverse the judgment
and direct the trial court on
remand to enter an order vacating
the appraisal award.
DISPOSITION
...We reverse the judgment and
direct the trial court on remand to
enter an order granting Kacha's
petition and vacating the
appraisal award. Kacha is
entitled to costs on appeal.
MCCONNELL, P. J.
WE CONCUR:
MCINTYRE, J.
AARON, J.
Filed 6/26/06
CERTIFIED FOR PUBLICATION
Sanchez v. SDCOE
Asthma coronary at camp
Transferred to Judge
Judith Hayes (?!) from
Judge Quinn
10/10/08 10:30AM C-68
Hayes, Judith F.
Summary Judgment
GIC880054
D)McCabe Union School
Distr
D)San Diego County
Office of Education
Daniel R. Shinoff
12/18/07 01:30PM C-74
Quinn, Linda B.
Demurrer / Moti GIC880054
D)McCabe Union School Distr
DANIEL R. SHINOFF
D)San Diego County Office of
Education
DANIEL R. SHINOFF
Case Title: SANCHEZ VS
SAN DIEGO COUNTY
OFFICE OF EDUCATION
Case Number: GIC880054
Case Location: San Diego
Case Type: Civil
Date Filed: 02/13/2007
Category: CU-PO PI/PD/WD -
Other
Plaintiff/Petitioner
SANCHEZ OCTAVIO P
SANCHEZ VIRGINIA
Defendant/Respondent
SAN DIEGO COUNTY
OFFICE OF EDUCATION
CAMP DENVER C FOX
MCCABE UNION SCHOOL
DISTRICT
Asthma coronary at camp
Transferred to Judge
Judith Hayes (?!) from
Judge Quinn
10/10/08 10:30AM C-68
Hayes, Judith F.
Summary Judgment
GIC880054
D)McCabe Union School
Distr
D)San Diego County
Office of Education
Daniel R. Shinoff
12/18/07 01:30PM C-74
Quinn, Linda B.
Demurrer / Moti GIC880054
D)McCabe Union School Distr
DANIEL R. SHINOFF
D)San Diego County Office of
Education
DANIEL R. SHINOFF
Case Title: SANCHEZ VS
SAN DIEGO COUNTY
OFFICE OF EDUCATION
Case Number: GIC880054
Case Location: San Diego
Case Type: Civil
Date Filed: 02/13/2007
Category: CU-PO PI/PD/WD -
Other
Plaintiff/Petitioner
SANCHEZ OCTAVIO P
SANCHEZ VIRGINIA
Defendant/Respondent
SAN DIEGO COUNTY
OFFICE OF EDUCATION
CAMP DENVER C FOX
MCCABE UNION SCHOOL
DISTRICT
"Quinn does overflow" (Sept. 18, 2009)
Cases passed between Judge Hayes and
Judge Linda Quinn
(some involving Daniel Shinoff)
Some of the cases below were not assigned to Hayes, but passed to her from
Judge Quinn. Hayes and Quinn seem to have a job sharing arrangement. In
the Stutz Artiano Shinoff & Holtz v. Maura Larkins defamation case regarding
this website, Hayes took over the entire case from Quinn.
My case was apparently "overflow." The arrangement also involved Judge
Quinn presiding at one of the hearings in the case, when Hayes was
apparently unable to make it to the courthouse. Shouldn't a new judge be
randomly selected when a case is given up by a judge?
Cases passed between Judge Hayes and
Judge Linda Quinn
(some involving Daniel Shinoff)
Some of the cases below were not assigned to Hayes, but passed to her from
Judge Quinn. Hayes and Quinn seem to have a job sharing arrangement. In
the Stutz Artiano Shinoff & Holtz v. Maura Larkins defamation case regarding
this website, Hayes took over the entire case from Quinn.
My case was apparently "overflow." The arrangement also involved Judge
Quinn presiding at one of the hearings in the case, when Hayes was
apparently unable to make it to the courthouse. Shouldn't a new judge be
randomly selected when a case is given up by a judge?
More Daniel Shinoff
/Stutz Artiano
Shinoff & Holtz
cases heard by
Judge Hayes
/Stutz Artiano
Shinoff & Holtz
cases heard by
Judge Hayes
continued at: Digital Cornerstone v. Kevin Carmony
Judge Judith Hayes' decision in Carmony case
Judge Judith Hayes' decision in Carmony case
From San Diego
Union Tribune
article about
Hayes' ouster from
Criminal Court:
"...Judge Judith] Hayes was
boycotted just months after
Dumanis took office in 2003.
The former state and federal
prosecutor now hears civil
cases in downtown San Diego.
She was challenged soon
after dismissing murder
charges in the middle of a
trial against Michael Savala,
who was accused of fatally
shooting two bouncers at a
Bonita restaurant after the
prosecution had presented its
case. Hayes said the slayings
were not premeditated
murder but were committed in
the heat of passion — “a
classic voluntary
manslaughter,” as she said.
Savala eventually pleaded
guilty to that lesser charge
and received a 13-year
sentence...
Union Tribune
article about
Hayes' ouster from
Criminal Court:
"...Judge Judith] Hayes was
boycotted just months after
Dumanis took office in 2003.
The former state and federal
prosecutor now hears civil
cases in downtown San Diego.
She was challenged soon
after dismissing murder
charges in the middle of a
trial against Michael Savala,
who was accused of fatally
shooting two bouncers at a
Bonita restaurant after the
prosecution had presented its
case. Hayes said the slayings
were not premeditated
murder but were committed in
the heat of passion — “a
classic voluntary
manslaughter,” as she said.
Savala eventually pleaded
guilty to that lesser charge
and received a 13-year
sentence...
Judge Judith Hayes' inconsistencies in two cases about
websites and free speech
Stutz v. Larkins (defamation suit) and Digital Cornerstone v. Kevin Carmony
resulted in a shockingly different decisions from Judith Hayes.
Judith Hayes believes in free speech for some people, as shown by this ruling from Judge Hayes in
the Digital Cornerstone v. Kevin Carmony case:
"...the Defendant had a bona fide noncommercial use for the website, the Court finds the general
purpose of the website to be a free speech forum wherein Defendant criticized the management of
Plaintiff...the Defendant at no time harbored a bad faith intent to profit from a registered mark and
that his use of the website undertaken to inform consumers and criticize Plaintiff's management
constituted a lawful use of the site."
But Judge Hayes came to a very different conclusion about free speech in a case where there was
no attempt to fool people about who owned the website, and no profit was made.
websites and free speech
Stutz v. Larkins (defamation suit) and Digital Cornerstone v. Kevin Carmony
resulted in a shockingly different decisions from Judith Hayes.
Judith Hayes believes in free speech for some people, as shown by this ruling from Judge Hayes in
the Digital Cornerstone v. Kevin Carmony case:
"...the Defendant had a bona fide noncommercial use for the website, the Court finds the general
purpose of the website to be a free speech forum wherein Defendant criticized the management of
Plaintiff...the Defendant at no time harbored a bad faith intent to profit from a registered mark and
that his use of the website undertaken to inform consumers and criticize Plaintiff's management
constituted a lawful use of the site."
But Judge Hayes came to a very different conclusion about free speech in a case where there was
no attempt to fool people about who owned the website, and no profit was made.
The possible explanations for her behavior in my case are considerably narrowed by her recent
ruling in Digital Cornerstone v. Kevin Carmony.
One difference between my case and the Kevin Carmony case is that I'm a school teacher, not a
CEO, and I'm representing myself. Judge Hayes apparently sees me as someone whose rights can
be easily violated, and no one will notice.
Clearly, she sees Stutz Artiano Shinoff & Holtz law firm as a group of people whom no schoolteacher
should ever criticize, no matter how much money they charge the public or how many documents
that refuse to produce. The firm walked out of its deposition, and the lawyer most involved in my
case refused to show up for his deposition. This was fine with Judge Hayes. I wonder if Digital
Cornerstone also walked out of its deposition?
I'm sure Carmony's lawyer Gil Cabrera wouldn't let the plaintiff and Judge Hayes get away with such
shenanigans. I'm trusting that in my case, the Court of Appeal will put a stop to the shenanigans of
Stutz law firm and Judge Hayes. The odd thing is that my case is much clearer and simpler than the
Carmony case. My website is a purely public interest website. I never allowed advertisements on it,
much less advertisements from competitors of the people I criticized. I never paid a premium
($6000) to get a domain name that was likely to fool people into thinking my site was owned by the
very people I was criticizing, as Carmony did. My site has my own name: mauralarkins.com. Judge
Hayes and her research attorney Monica Barry should have had no trouble seeing that my case was
completely different from Del Junco v. Hufnagel, particularly since they found a difference between
Freespire.com and the website in the Del Junco case...
ruling in Digital Cornerstone v. Kevin Carmony.
One difference between my case and the Kevin Carmony case is that I'm a school teacher, not a
CEO, and I'm representing myself. Judge Hayes apparently sees me as someone whose rights can
be easily violated, and no one will notice.
Clearly, she sees Stutz Artiano Shinoff & Holtz law firm as a group of people whom no schoolteacher
should ever criticize, no matter how much money they charge the public or how many documents
that refuse to produce. The firm walked out of its deposition, and the lawyer most involved in my
case refused to show up for his deposition. This was fine with Judge Hayes. I wonder if Digital
Cornerstone also walked out of its deposition?
I'm sure Carmony's lawyer Gil Cabrera wouldn't let the plaintiff and Judge Hayes get away with such
shenanigans. I'm trusting that in my case, the Court of Appeal will put a stop to the shenanigans of
Stutz law firm and Judge Hayes. The odd thing is that my case is much clearer and simpler than the
Carmony case. My website is a purely public interest website. I never allowed advertisements on it,
much less advertisements from competitors of the people I criticized. I never paid a premium
($6000) to get a domain name that was likely to fool people into thinking my site was owned by the
very people I was criticizing, as Carmony did. My site has my own name: mauralarkins.com. Judge
Hayes and her research attorney Monica Barry should have had no trouble seeing that my case was
completely different from Del Junco v. Hufnagel, particularly since they found a difference between
Freespire.com and the website in the Del Junco case...
A Completely
Different Judge
Hayes: Leigh
Frizzell Hayes in
South Florida
My Life So Far: The honorable
Leigh Frizzell Hayes, county
judge
By VIVEK KEMP
Naples Daily News
February 20, 2007
There are rules you must
follow when you address Leigh
Frizzell Hayes at work: Turn off
your cell phone. Remove your
hat. Always show respect. And
whenever possible, refer to her
as "your honor."
Failure to follow these rules
may result in contempt of court
charges and a night in jail.
Judge Hayes has spent the
past 10 years behind the
bench and says she's seen
the area shift from a fishing
village to a metropolis laced
with all the crime and drama of
a big city.
"We were backwater as a kid,"
she says. "Now Fort Myers has
all the style and bustle of
places like Fort Lauderdale."
The 51-year-old Fort Myers
native grew up near the Edison
Estate. Her grandfather once
owned a hardware store
across from the courthouse
where she now works. The
store has been replaced with a
Wachovia bank building, in
which defendants can pay their
speeding tickets.
Her father, an architect,
designed many buildings
throughout the area, including
the William R. Frizzell Cultural
Center on McGregor and
Colonial Fort Myers.
"I have a strong connection to
this area," she says. "I've spent
my whole life here."
Judge Leigh Frizzell Hayes
swears in a defendant at the
Lee County Courthouse in Fort
Myers on Friday morning.
Hayes was elected as a judge
10 years ago. I've seen a lot of
changes,î she says. In those
10 years Hayes has seen and
heard nearly every kind of court
case. We had a woman on the
criminal docket who would
come to court with different
color hair each time,î she says.
Photo by TRISTAN SPINSKI,
Daily News
Buy this photo »
Judge Leigh Frizzell Hayes
swears in a defendant at the
Lee County Courthouse in Fort
Myers on Friday morning.
Hayes was elected as a judge
10 years ago. I've seen a lot of
changes,î she says. In those
10 years Hayes has seen and
heard nearly every kind of court
case. We had a woman on the
criminal docket who would
come to court with different
color hair each time,î she says.
As a judge, she sees an
average of 700 cases a day
and says the number probably
will increase as Southwest
Florida continues to grow in
popularity.
Hayes has also seen the
language of her court shift from
nearly all English to at least
half-Spanish.
One more change — TV
shows. Programs like "Judge
Judy" and "Boston Legal" effect
how defendants approach the
court, she says. "We have to
remind people this isn't a
television show," she says.
Since the recent death of her
husband, Bill Hayes, the court
has become a place of solace.
"I can change people's lives
with the decisions I make," she
says. "But the bench has also
helped me deal with the
changes in my life. This is a
fascinating job."
For the most part, the people I
see are not bad people. They
make bad decisions, some of
them, but they're usually not
evil. When I read in the paper
that somebody's been arrested
for killing someone, or is the
victim of the murder, I often
know the person from a traffic
case in my court...
Different Judge
Hayes: Leigh
Frizzell Hayes in
South Florida
My Life So Far: The honorable
Leigh Frizzell Hayes, county
judge
By VIVEK KEMP
Naples Daily News
February 20, 2007
There are rules you must
follow when you address Leigh
Frizzell Hayes at work: Turn off
your cell phone. Remove your
hat. Always show respect. And
whenever possible, refer to her
as "your honor."
Failure to follow these rules
may result in contempt of court
charges and a night in jail.
Judge Hayes has spent the
past 10 years behind the
bench and says she's seen
the area shift from a fishing
village to a metropolis laced
with all the crime and drama of
a big city.
"We were backwater as a kid,"
she says. "Now Fort Myers has
all the style and bustle of
places like Fort Lauderdale."
The 51-year-old Fort Myers
native grew up near the Edison
Estate. Her grandfather once
owned a hardware store
across from the courthouse
where she now works. The
store has been replaced with a
Wachovia bank building, in
which defendants can pay their
speeding tickets.
Her father, an architect,
designed many buildings
throughout the area, including
the William R. Frizzell Cultural
Center on McGregor and
Colonial Fort Myers.
"I have a strong connection to
this area," she says. "I've spent
my whole life here."
Judge Leigh Frizzell Hayes
swears in a defendant at the
Lee County Courthouse in Fort
Myers on Friday morning.
Hayes was elected as a judge
10 years ago. I've seen a lot of
changes,î she says. In those
10 years Hayes has seen and
heard nearly every kind of court
case. We had a woman on the
criminal docket who would
come to court with different
color hair each time,î she says.
Photo by TRISTAN SPINSKI,
Daily News
Buy this photo »
Judge Leigh Frizzell Hayes
swears in a defendant at the
Lee County Courthouse in Fort
Myers on Friday morning.
Hayes was elected as a judge
10 years ago. I've seen a lot of
changes,î she says. In those
10 years Hayes has seen and
heard nearly every kind of court
case. We had a woman on the
criminal docket who would
come to court with different
color hair each time,î she says.
As a judge, she sees an
average of 700 cases a day
and says the number probably
will increase as Southwest
Florida continues to grow in
popularity.
Hayes has also seen the
language of her court shift from
nearly all English to at least
half-Spanish.
One more change — TV
shows. Programs like "Judge
Judy" and "Boston Legal" effect
how defendants approach the
court, she says. "We have to
remind people this isn't a
television show," she says.
Since the recent death of her
husband, Bill Hayes, the court
has become a place of solace.
"I can change people's lives
with the decisions I make," she
says. "But the bench has also
helped me deal with the
changes in my life. This is a
fascinating job."
For the most part, the people I
see are not bad people. They
make bad decisions, some of
them, but they're usually not
evil. When I read in the paper
that somebody's been arrested
for killing someone, or is the
victim of the murder, I often
know the person from a traffic
case in my court...
Criminal cases
Judge Judith Hayes Criminal Cases
(Before she was forced out in 2003, Hayes
worked in the San Diego criminal courts)
(Before she was forced out in 2003, Hayes
worked in the San Diego criminal courts)
Why This Website
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park
Elementary School
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
Stutz Artiano Shinoff
& Holtz v. Maura
Larkins defamation
SDCOE
CVESD
Castle Park
Elementary School
Law Enforcement
CTA
CVE
Stutz Artiano Shinoff
& Holtz
Silence is Golden
Schools and Violence
Office Admin Hearings
Larkins OAH Hearing
... a San Diego Superior
Court judge ruled in 2000
that Longanbach committed
prosecutorial misconduct in
a 1998 grand theft and
forgery case. Judge Judith
Hayes said he “willfully
violated both the spirit and
the letter” of the law
requiring disclosure of
evidence.
Court judge ruled in 2000
that Longanbach committed
prosecutorial misconduct in
a 1998 grand theft and
forgery case. Judge Judith
Hayes said he “willfully
violated both the spirit and
the letter” of the law
requiring disclosure of
evidence.
Judge Hayes
and the law
requiring
disclosure of
evidence
and the law
requiring
disclosure of
evidence
Stutz attorney Daniel Shinoff is the favorite attorney of San Diego County Office of Education.
August 5, 2011
Stutz Artiano Shinoff & Holtz v. Maura Larkins (California Court of Appeal)
Judge Judith Hayes' injunction against author of this
website overturned
website overturned
University of San Diego (USD) law professor Shaun Martin represented Maura Larkins pro bono in the
Court of Appeal. He is the author of the blog California Appellate Report.
Court of Appeal. He is the author of the blog California Appellate Report.
San Diego
Education Report
Education Report