| WHY DID BOB GALLAGHER SUDDENLY LEAVE HIS OWN FIRM, STUTZ GALLAGHER, IN EARLY 2004? |
| Why did Robert E. Gallagher, Jr., a founding partner of the firm that was known for years as "Stutz, Gallagher," leave his own firm? The timing was interesting. He left right after Maura Larkins wrote a letter to the firm detailing actions by Daniel Shinoff and Kelly Angell Minnehan. |
Bresee failed to produce
missing documents from a
set of at least 87
Bate-stamped documents
about a possible school
shooting at Castle Park
Elementary School in
CVESD. Does he do this
to benefit children? Or to
promote a system that
keeps dollars flowing to
school attorneys without
solving school problems?
missing documents from a
set of at least 87
Bate-stamped documents
about a possible school
shooting at Castle Park
Elementary School in
CVESD. Does he do this
to benefit children? Or to
promote a system that
keeps dollars flowing to
school attorneys without
solving school problems?
CVESD attorney Mark
Bresee listened to this and
other depositions, and
then continued to work to
keep evidence out of this
hearing. CVESD and other
districts rely on such
attorneys.
Bresee listened to this and
other depositions, and
then continued to work to
keep evidence out of this
hearing. CVESD and other
districts rely on such
attorneys.
| Stutz law firm's defamation lawsuit against this website |
| Deposition of Ray Artiano by the author of this website |
| All blog posts re Stutz Defamation lawsuit against this website |
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| On January 29, 2008 the Ninth Circuit Court of Appeal for the Houston should have been exhausted administrative remedies. She had provided the proof to her lawyer, Thomas Gill, but he had not filed it with the court. The court did not rule on whether Encinitas Union School District was wrong to throw Claudia Houston in jail for a week because she "disturbed" the school. (Stutz also claimed that a person who tried two times to serve a deposition subpoena was "stalking". So much for reliability of Stutz clients' allegations). They didn't rule on how having a parent arrested harms children. (This is exactly what many of Daniel Shinoff's schools do. When Dan Shinoff wants parents to stop making demands, he usually gets what he wants.) To make matters worse, Claudia Houston was the sole surviving parent of two youngsters. It wasn't enough to stop Ms. Houston. Dan Shinoff hired Ms. Houston's lawyer, who then dropped Houston as a client. She seems to have done very well representing herself. Click HERE to read the opinion in case number D.C. No. CV-00-02475-WQH. |
| It was approximately March of 2004 when Maura Larkins became aware that Gallagher had left Stutz Gallagher. Kelly Angell informed Judge Nevitt (in Larkins' presence) that Gallagher was no longer part of the firm, and the firm had changed its name. Why would this information be announced to a judge? I suspect that Gallagher demanded it. |
| Attorney Mark Bresee Bresee and Werlin Bresee OAH hearing Bresee and school attorneys |
Mark Bresee (and Parham &
Rajcic)
Rajcic)
Education Attorneys
| The Claudia Houston case |
| Lindsey Stewart case |
| David Alberts--Defamation case involving atty. Deborah K. Garvin. (Garvin perjury.) |
| School lawyers v. parents and students |
| Fred Kamper case |
| June 2007 Supreme Court regarding child sexual abuse |
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| sues student for exposing teachers who changed grades |
| School Attorneys |
| Blogs |
| Home Why This Website SDCOE CVESD Castle Park Elem Law Enforcement CTA CVE Stutz Artiano Shinoff Silence is Golden Schools and Violence Office Admin Hearings Larkins OAH Hearing |
| Leslie Devaney Is Stutz Partner |
| *The law firm of Stutz, Artiano, Shinoff & Holtz, to which the SDCOE JPA steers the lion's share of its cases, is closely tied to right-wing Republicans such as Lesley Devaney. Devaney joined the Stutz law firm after losing to Michael Aguirre in the race for San Diego City Attorney. Devaney has recently admitted that if she had been elected, she would HAVE HELPED city officials and employees, not the public, regarding the secret 2002 pension underfunding deal. I think the city attorney should, in the public interest, demand explanations from officials. |
| CVESD used Richard Werlin, former Assistant Superintendent at Chula Vista Elementary School testimony for the Office of Administrative Hearings to justify his actions in the Larkins case. Lawyers also continued to claim Richard Werlin as an employee long after he disappeared from the district directory. (Click here for district directory.) Werlin completely avoided depositions during the first Maura Larkins Superior Court case, claiming that a letter from his cardiologist justified his refusal to testify. One wonders whether it is a mental or a physical illness, since Mr. Werlin has insisted that teachers with cancer and other illnesses work full time. But why is it that Werlin is too sick to testify in some cases but not others? |
| When only stories acceptable to SDCOE and its lawyers are printed in San Diego's ONE regional newspaper, are schools harmed? |
| Do you not agree with the San Diego Press Club that Stutz, Artiano, Shinoff & Holtz has the third-best website design in San Diego (www. stutzlawfirm.com)? If not, that's a shame. After all, you paid for it with your tax dollars. The website prize does, however, help to explain how this law firm is able to maintain the public trust and avoid bad press in San Diego. The firm cultivates friends--and prizes--in the press. It won the Daily Transcript's "peer" competition, in which a tiny percentage of San Diego lawyers participated. Maura Larkins' letter to the editor of March 25, 2004 does not show up in a Maura Larkins show up in a search, but not the one about Daniel Shinoff. |
| Another response to "The Collateral Damage of Aguirre's Furies" Thank you Ms. Devaney for your opinion on Mr. Aguirre's first year of being in office. Now, if you don't mind, I'll ignore that opinion. You see, it was your previous boss Casey Gwinn, who went "ostrich" when the excesses of City Council went unimpeded and unchecked leading to our infamous "Enron by the Sea" name tag. Weren't you second in command, at the city attorney's office, when all of this public profiteering was in full swing? San Diego needs a populist, activist city attorney. I applaud Mr. Aguirre and Don McGrath for "jumping into the fray." Does the bungling of the De La Fuente judgments ring any legal jingle bells? Would Councilman Madaffer have been able to orchestrate retroactive pension benefits for past council members under Mike Aguirre's tenure? The answers to these concerns are publicly evident. Mr. Aguirre and his team of transparent oriented city attorneys are representing an under represented constituency. Ms. Devaney, that constituency would be taxpaying citizens of San Diego. From taking on the largess of SDCERS to the special interest take over of the Torrey Pines Golf Complex, Mr. Aguirre is on the right track. Had Mr. Gwinn (with you at his side) not been asleep during his watch, San Diego would probably be in a better financial position. Please ponder that if you need to spend time ruefully worrying about the city's current state of affairs. DALE PETERSON, SAN DIEGO December 13, 2005 Voice of San Diego |
| What crucial fact does Leslie Devaney leave out of her essay? DEVANEY WAS THE NUMBER 2 OFFICIAL IN THE OFFICE OF CITY ATTORNEY until Mike Aguirre took office. [Devaney boasts about this connection in her 2004 campaign for city attorney: Key Endorsements * San Diego City Attorney Casey Gwinn * Former San Diego Assistant Chief of Police Keith Enerson * California Court of Appeal Justice Howard B. Weiner., Retired] Perhaps this one bit of information explains why Devaney is outraged at Aguirre's efforts to expose the facts about actions by public officials! |
The Millgram experiments proved that 65% of ordinary Americans will
follow the directions of a man in a white coat who tells them to continue
giving shocks to someone who gave the wrong answer on a memory test!
Most people will not stop even when the victims pound on the wall and
complain about a heart condition--if the authority figure directs them to
continue.
In the experiments, as wrong answers were given, the voltage went up
and up--to the highest voltage available.
Jason Bellows says, "One might hope that we've evolved to the point that
we can question authority–where we can look our leaders in the face and
ask why."
In San Diego, the SDCOE JPA contributes to a culture where teachers
follow orders without asking why.
What happens to the 45% of people who refuse to continue the
experiment? What happens to whistle-blowers?
Usually, they get fired, as happened to Coach Carter in Escondido, Maura
Larkins in Chula Vista, Mary Anne Weegar in Sweetwater, etc.
follow the directions of a man in a white coat who tells them to continue
giving shocks to someone who gave the wrong answer on a memory test!
Most people will not stop even when the victims pound on the wall and
complain about a heart condition--if the authority figure directs them to
continue.
In the experiments, as wrong answers were given, the voltage went up
and up--to the highest voltage available.
Jason Bellows says, "One might hope that we've evolved to the point that
we can question authority–where we can look our leaders in the face and
ask why."
In San Diego, the SDCOE JPA contributes to a culture where teachers
follow orders without asking why.
What happens to the 45% of people who refuse to continue the
experiment? What happens to whistle-blowers?
Usually, they get fired, as happened to Coach Carter in Escondido, Maura
Larkins in Chula Vista, Mary Anne Weegar in Sweetwater, etc.
| Answer: Pretty much every time. Here's why: |
Will school administrators and teachers always
do what a school lawyer tells them to do?
do what a school lawyer tells them to do?
| Stutz and the San Diego Press |
| Is it the lawyers or the school boards? I suspect that San Diego Joint Powers Authority lawyers dictate to school boards how legal matters will be handled, although the board members are legally responsible. Many school board members are far from sophisticated when it comes to legal matters. |
| Link: What did this law firm do to get this web site to disappear (for a while, at least) from Google searches for Stutz, Artiano and Shinoff? |
| More Tactics |
| At Grossmont Cuyamaca Community College, where chancellor Omero Suarez changed his own contract without permission, the board kept him on. * * * |
| Who initiates the actions? |
Poway High School students win $300,000 Why didn't the SDCOE JPA settle this case? That's not what Diane Crosier, SDCOE JPA director, pays lawyers to do. Neither taxpayers nor students benefited. |
| Attorneys who have helped schools avoid revealing events in schools are in charge of training both new board members and new school attorneys. |
| Perhaps Stutz attorney Jeffery Morris (of Pepperdine University) dreams of one day matching the tactics of Pepperdine Law School's dean, Ken Starr. UPDATE: FEB 11, 2006 Ken Starr is trying really hard to get clemency for death row inmate Michael Morales who killed and raped a 17-year-old girl. Ken Starr stands accused by prosecutors of submitting forged documents in the case! Remind me again exactly why Ken Starr spent $64 million taxpayer dollars to prosecute Bill Clinton? What is the total amount paid by taxpayers to Dan Shinoff? |
| Here's what Stutz law firm says about its "public entity" practice: "Stutz Artiano has extensive experience in representing a wide variety of public entities throughout Southern California including cities, counties, special districts, Joint Powers Authorities, school districts, community colleges, the State of California and other public agencies. The firm serves as both general counsel and litigation counsel to our clients, providing advice on a wide range of legal issues including the California Public Records Act, the Brown Act, employee discipline and employment contracts. "Our litigation team is skilled and well versed in a wide range of claims that confront public entities and can handle the largest, most protected claims as well as smaller, more defined cases. The team has handled cases ranging from complex employment matters to personal injury, environmental and defamation claims, to road design flaws and excessive force. "Knowing that prevention and education is key to avoiding costly litigation, we provide on-going training and workshops for our public entity clients on matters such as workplace violence and harassment, discrimination in the workplace, Americans with Disabilities Act, Family and Medical Leave Act and the Government Tort Claims Act." Contact: Ray J. Artiano Leslie E. Devaney Prescilla Dugard Daniel R. Shinoff Jack M. Sleeth, Jr. |
| The instruction Stutz gives to public entities causes enormous problems for the entities and the citizens who pay all their bills--and their lawyers' bills. Liability insurance rates seem to skyrocket when Dan Shinoff gets involved with a school district. He keeps the San Diego Superior Court calendar filled with cases which could have--and should have--never have reached the litigation stage in the first place. |
| From the Stutz law firm website: "For more than 20 years, Stutz Artiano has prided itself as being one of the state’s leading education-focused law firms, representing more than 40 districts throughout California. Our attorneys are experienced in all aspects of education law, providing general and litigation counsel to school and community college districts that require expert, aggressive legal representation at all levels. In addition to their expert legal backgrounds, many of our education law team attorneys previously served as school board members, as well as teachers in the classroom, making them even more sensitive to and uniquely qualified in the education law arena. "As general counsel, our attorneys keep clients up to date on the latest laws affecting districts and the clients they serve, and provide expert counsel and strategic planning advice on how to deal with potential issues before they become real problems. Special education, student rights and discipline, certificated and classified employment issues, discrimination and sexual harassment, school financing and bonds, collective bargaining, charter schools, No Child Left Behind Act, facilities, the Brown Act, the California Public Records Act, government tort claims and liability – are all areas in which we provide counsel and litigation support to protect the interests of our clients. "Our attorneys are frequent speakers at local and national education conferences and seminars on advisory, special education and litigation topics. We develop and conduct workshops on legal issues of importance to our clients in an effort to keep them current on important changes in the laws that affect them. We are also active members and participants in many school related professional organizations including the Association of California School Administrators (ACSA), California School Boards Association (CSBA), the California Association of School Business Officials (CASBO), the California Council of School Attorneys for which one of our attorneys was a founding member, the National School Boards Association (NSBA) and the Coalition for Adequate School Housing (CASH)." Contact: Ray J. Artiano Daniel R. Shinoff Jack M. Sleeth, Jr. Jeffery A. Morris downloaded 11-30-07 "Education" practice |
| Why do school districts get into so much trouble when Dan Shinoff is representing them? Here's an article from the Stutz website about who teaches schools about the law. |
| Dan Shinoff trains board members and employees as well as attorneys |
| After Gallagher left, the firm proclaimed on its website, "Each of the founding members of the law firm practices with the firm today." In his deposition, Ray Artiano referred to Bob Gallagher as an "employee." |
| Two days after I faxed the document above to Stutz law firm, the Stutz website was changed (see document below.) |
| Stutz law firm seems to be built in large part on the proposition that it and SDCOE-JPA and Keenan and Associates should take tax dollars meant for teachers and students, and give them to lawyers. |
| Stutz law firm website concealed the fact that founding partner Robert Gallagher left the firm in early 2004: |
| Special Education One of Daniel Shinoff's specialties is planning legal tactics against parents who complain that their kids aren't getting the right education. SP ED AFTER REAUTHORIZATION Title: GR K-12 SP EDUC TCHRS Date: 3/14/2005 8:00AM Details: Daniel Shinoff and Jack Sleeth will present vital information to keep you up-to-date with the latest changes and best practices in the implementation of IDEA as reauthorized...agenda topics include legislative updates; evaluations, eligibility determinations & IEPs; related services & assistive technology; discipline; behavioral intervention procedures; confidentiality of student records and most common mistakes. $205; Four Points Hotel by Sheraton, San Diego; sponsored by MEDS-PDN |
| It's not so hard to get a case thrown out when the plaintiff is in pro per. In multiple cases, Stutz, Artiano, Shinoff & Holtz attorney Daniel Shinoff got the opposition lawyer to quit. He offered work to the lawyer of one opposing party, forcing the lawyer to choose. Guess whom the lawyer chose? In Ray Artiano's recent deposition, he stated under oath that Maura Larkins is the only one who has complained about Shinoff's tactics: "... nor have we ever had any complaints about unethical or illegal behavior on the part of any attorney in my firm other than from you." (Page 49 Lines 4-6) But there are four cases in federal court in which Daniel Shinoff is accused of wrongdoing. Shinoff seems to have simply talked David A. Stevens out of representing Maura Larkins. Stevens didn't tell Larkins he was quitting, he just stopped doing work. Larkins finally asked him to tell her what was going on. Stevens said to Larkins, "I hope Shinoff is still my friend." So do I, Mr. Stevens. You'll be okay as long as Daniel Shinoff is your friend, along with your mutual friend, attorney Elizabeth Schulman. |
| Stutz Law Firm helps public entities by pushing opposition lawyers to quit |
| There were two lawsuits in 2008 involving Guajome Park Academy Charter School in San Diego's North County. (see association of counsel in Peters v. Guajome Park Academy) Attorney Daniel Shinoff of Stuz law firm is working with Guajome Park Academy's lawyers in one case (see association of counsel in Peters v. Guajome Park Academy), and he's representing the opposing party in the other. Mr. Shinoff is opposing Guajome Park Academy in San Diego Superior Court: San Diego Superior Court: GUAJOME PARK ACADEMY v. NEW EDUCATION FOR THE WORKPLACE, INC North County Civil 05/23/2007 Breach of Contract/Warranty 37-2007-00053139-CU-BC-NC I believe this is quite unusual. |
| Why did CVESD use Werlin as a witness? |
| What is this law firm thinking when it sues San Diego Education Report for loss of business? Apparently Stutz is so accustomed to having the San Diego Union Tribune and the Chula Vista Star-News quash the stories that would embarrass Stutz, that it thinks NO ONE has a right to report Stutz' actions on behalf of public entities. |
| What will Daniel Shinoff do to ingratiate himself with abusive individuals in schools? |
Attorneys as of Feb. 15, 2008
Gil Abed
Lisa Y. Amorino
Ray J. Artiano
Jeanne Blumenfeld
Bryan C. Becker (left)
Laura Boezeman
Paul V. Carelli, IV
Ryan L. Church
Patrice Coady
Leslie E. Devaney
Prescilla Dugard
Athanasia Economy Dalacas
Bret W. Eubank
Susan H. Gilmor
Julie D. Hazar
Lindsey J. Herana (left)
James F. Holtz
Lara A. Hoover
Scott Ingold
Andrea M. Johnson (left)
Ljubisa Kostic (left)
A. Cam Lavin
Mercedes S. Menendez
Jeffery A. Morris
Scott G. Parks
William C. Pate
David Plancarte
Richard Romero
Daniel R. Shinoff
Jack M. Sleeth, Jr.
Robert R. Templeton
Robert B. Titus
Jeffrey P. Wade, Jr.
Brandi G. Wallace
Lesa Wilson
Gil Abed
Lisa Y. Amorino
Ray J. Artiano
Jeanne Blumenfeld
Bryan C. Becker (left)
Laura Boezeman
Paul V. Carelli, IV
Ryan L. Church
Patrice Coady
Leslie E. Devaney
Prescilla Dugard
Athanasia Economy Dalacas
Bret W. Eubank
Susan H. Gilmor
Julie D. Hazar
Lindsey J. Herana (left)
James F. Holtz
Lara A. Hoover
Scott Ingold
Andrea M. Johnson (left)
Ljubisa Kostic (left)
A. Cam Lavin
Mercedes S. Menendez
Jeffery A. Morris
Scott G. Parks
William C. Pate
David Plancarte
Richard Romero
Daniel R. Shinoff
Jack M. Sleeth, Jr.
Robert R. Templeton
Robert B. Titus
Jeffrey P. Wade, Jr.
Brandi G. Wallace
Lesa Wilson
| Shinoff and Sleeth Present "The Forensics of Special Education Litigation" Daniel R. Shinoff and Jack M. Sleeth presented at the 2008 Association of California School Administrators Symposium on January 17, 2008 in Monterey, California. The presentation addressed pre-litigation strategies that educational institutions should consider implementing in order to prevent a variety of civil rights claims, such as violations of the Hughes Act or discrimination based on disability. Strategies include proper documentation of all events that may trigger a civil rights claim, and methods to ensure that negotiations which occur in the context of private converstation (sic) are not damaging. The seminar also covered issues of privileged communications, and the interplay of the litigation process in special education beyond due process procedures. For more information or to request a workshop, please contact us at 619-232-3122. from Stutz website |
| Thirty former Mira Costa SD Education Report |
| How hard did Sidney Stutz try to promote ethics in his own law firm? From San Diego Metropolitan Magazine "San Diego trial attorney Sidney A. Stutz received the Daniel T. Broderick award for outstanding achievement in promoting integrity and professionalism in law. He has practiced law in San Diego for more than 30 years. He became an associate in 1961 at Schall, Nielsen and Boudreau, where he later became partner. In 1982 he co-founded Stutz, Gallagher, Artiano, Shinoff & Holtz, which has expanded to three offices and 22 attorneys, including all the original owners." |
| Sidney A. Stutz San Diego Defense Lawyers 2002 Honoree Sidney A.Stutz began practicing lawin the Harvard Law School in 1957. Mr.Stutz’s first major case was a murder case involving a racial conflict on a ship. Throughout his 45 years of practice he has served as the President of the San Diego Defense Lawyers and as the President of the San Diego Chapter and a National Board Member of the American Board of Trial Advocates. Mr. Stutz has practiced in a number of different practice areas. While he has focused heavily on defense law, he has represented both plaintiffs and defendants and believes it is a benefit to have represented clients on both sides. In Mr. Stutz’s opinion, a trial lawyer is first and foremost an advocate for the client, no matter if the lawyer is defending or prosecuting. Mr. Stutz has significant experience in the area of professional malpractice, focusing mostly on the defense of lawyers and doctors, and has also devoted a large portion of his time to products liability cases, including mass tort representation in the breast implant area and asbestos litigation. His mass tort experience pre-sented him with management challenges due to the large number of cases involved.His representation of professionals has been very rewarding despite the challenges of representing professionals who have their own ideas about how their cases should be handled.Mr. Stutz’s advice to fellow attorneys is to maintain courtesy and civility among counsel and towards clients, persons on the opposing side, the court, and the community in general. He urges all attorneys to use their power carefully by being diligent in their practice and not abusing their powers. Continued |
| Mr. Stutz has enjoyed the practice of lawoverall. While all attorneys will find somediscomfort in their profession, he recommends their jobs overall to evaluate why they are not enjoying their practice and make a change. In addition to being an exceptional attorney, Mr. Stutz has devoted a significant amount of his time and talents to the community. In his free time, he serves as the President of the Board of Directors of the Home of Guiding Hands, an organiza- tion that provides residential and vocational assistance to developmentally disabled children. Mr. Stutz became interested andinvolved in this organization because his 32year-old son is developmentally disabled. Additionally, Mr. Stutz travels to Tijuana with the Rotary Club approximately every other Saturday to work with young adults in their early to mid- teens who come from families with limited incomes. Mr. Stutz teaches the young adults English and encourages them to attain an education instead of dropping out of school. Mr. Stutz also enjoys spending time with his six children who range in age from 18 to 45 years old. He also enjoys traveling in his free time and hopes to travel more in his retirement. Mr. Stutz has been gradually retiring since 1999 and currently serves Of Counsel at Stutz, Gallagher, Artiano, Shinoff & Holtz. Mr. Stutz’s leadership and commitment to justice will be honored by the San Diego Defense Lawyers at the 2003 installation dinner. |
| The Update--Winter 2002 SDDL Distinguished Member Profiles The San Diego Defense Lawyers will honor both Dan White and Sid Stutz at the 18th Annual Installation Dinner to be held February 1, 2003. |
| Why would a school district try to get an obstruction of justice lawsuit thrown out The district was not even a party in the case! Why were Chula Vista Elementary School District, Stutz law firm and California Teachers Association determined in March of 2005 that Maura Larkins' lawsuit for obstruction of justice would not be examined on its merits? These institutions got their wish when the court accepted a pleading filed by NON-PARTY CVESD (!?) |
Why did unwilling MiraCosta trustees give Victoria Richart a $1.6 million settlement? |
| Is this news or advertising? According to the San Diego Daily Transcipt, this constitutes news, but you could have fooled me: "Stutz Artiano relies on expertise to anticipate results" By DOUG SHERWIN, The Daily Transcript February 14, 2006 "One of the keys to litigating an insurance case is experience, which could be why so many clients turn to the lawyers at Stutz Artiano Shinoff & Holtz. Most of the partners in the firm's 19-member San Diego office have anywhere from 13 to 25-plus years of experience in trying cases..." |
| Training new attorneys |
| 2008 Leslie Devaney is One of San Diego's 20 Most Influential Women according to bizSanDiego From the Stutz law firm website: "Named as one of San Diego's 20 most influential businesswomen, Leslie Devaney was recently profiled in bizSanDiego magazine's March 2008 publication. The women, described as using their skills and passion to make a mark in their industries, are trailblazing paths for other women and giving back to society..." Maura's note: I don't think I'm influential at all, but Leslie Devaney thinks I am. She's suing me for defamation for what I've written on this website. I sure don't know how she's going to prove that I interfered with her profits. No TV station or newspaper in San Diego will cover my story, even though my school, Castle Park Elementary in Chula Vista, continues its spectacular descent into chaos. I believe that the school (which I attended as a child) has become so dysfunctional that it should be removed from the control of Chula Vista Elementary School District and the state should take it over. P.S. During my deposition on June16, 2008 by Stutz lawyer Ljubisa (Luubisha) Kostic, I was asked in particular about my Leslie Devaney column (right). I got the impression that one of the 20 most influential women in San Diego is angry at this unemployed schoolteacher. The San Diego Union Tribune and Chula Vista Star-News might leave me out of their reporting on Castle Park Elementary, but it's gratifying to know that Leslie Devaney thinks I'm important. |
| Stutz Artiano has insurance "Stutz Artiano has its roots in the insurance practice. One of its founding members, Sidney Stutz, opened a mainly insurance litigation firm with John McCormick and Glen Mitchell...." Holtz Quoted in The Daily Transcript February 16, 2006 "Stutz Artiano Relies on Expertise to Anticipate Results" by Doug Sherwin San Diego -- One of the keys to litigating an insurance case is experience, which could be why so many client firms turn to the lawyers at Stutz Artiano Shinoff & Holtz. Most of the partners in the firm's 19-member San Diego office have anywhere from 13-25 plus years of experience in trying cases. The time in the courtroom has made the attorneys at Stutz Artiano good prognosticators. "We can evaluate liability and what the expected award will be very early on because we've seen these types of cases before," said partner Jim Holtz, who heads the firm's insurance practice. "We can identify what the likely result will be at trial ...whether a verdict will be in a certain range. "We're willing to stand by our initial or even our midstream evaluations, and then it's the carrier's choice whether to settle." Holtz recently predicted the exact amount of a case that returned an $85,000 verdict. The partners at Stutz Artiano factor the competency of opposing counsel and the facts of liability into evaluating what an expected verdict range will be. "The measure of what an insurer is looking for is not only good results at trial but no surprises," Holtz said. "The insurance industry likes to assess its risks and understand what its exposures are." Stutz Artiano has its roots in the insurance practice. One of its founding members, Sidney Stutz, opened a mainly insurance litigation firm with John McCormick and Glen Mitchell. In 1992, Stutz broke off to form what is currently Stutz Artiano Shinoff & Holtz. The group has expanded its practice to encompass commercial law litigation, handling everything from construction and real estate matters to product liability. The firm now has four other offices, including ones in Los Angeles and Las Vegas. While the insurance practice represents only 30 percent of what the firm does, it is still prominent. "What we promote both within the firm and to our clients is we put our client's interests first," Holtz said. "It's our concern that the clients be well informed of the appropriate risk and benefits of trying a case. We do it in a way that ultimately promotes their interests." |
| VOICE OF SAN DIEGO March 2, 2009 ...The County Office of Education initially said it could not answer questions about the hiring process because of the Hartnett lawsuit and referred voiceofsandiego.org to the transcript of his disciplinary hearing, which gave limited information ... [Randolph] Ward and other County Office employees declined to be interviewed on the topic. Simple questions sometimes took a week or more to answer. And the agency required voiceofsandiego.org to file a written request for economic disclosure forms that are supposed to be readily available with no questions asked. Numerous former agency employees did not return calls or declined to speak on the hiring process and the Stutz Artiano attorneys' involvement. Testimony at the Hartnett disciplinary hearing was sometimes difficult to reconcile with other statements. "We often ask some of the technical contractors who have expertise in that area to come in and participate on a hiring committee because they have the kind of expertise that we don't as lay people," Ward said, according to the transcript of Hartnett's disciplinary hearing. He added, "It's common that you will bring somebody from the private sector to give you that perspective." Yet information supplied by the agency dating back to July 2005 shows no other attorneys or vendors sitting on the interview panels, which typically have included business analysts from the county office and managers from school districts. No earlier records were available from the human resources department, said Pam Gilles, senior director of internal business services. Ward declined to be interviewed to clarify how his remarks could be reconciled with the information supplied by human resources staff, and Esterbrooks said that Crosier had declined to provide examples of other agencies that used the practice... |
| SDCOE claims administrator Rodger Hartnett, who claimed an inappropriate relationship by SDCOE Risk Management executive Director Diane Crosier and administrator Rick Rinnear, won his petition for writ of mandate in Superior Court in San Diego on March 27, 2009. |
| Rodger Harnett wins suit against Diane Crosier and SDCOE |
This school attorney failed to produce documents
| April 6, 2009: Defamation lawsuit trial against this website delayed |
| Who trains new school attorneys? |
| Chula Vista Elementary School District, from 2000 to 2004 (when Cheryl Cox was on the board and Richard Werlin was the star witness) kept documents and witnesses away from the court. |
| Officials complain about of public funds Click for recent news: MIRACOSTA UPDATES Oct. '07 The San Diego Union Tribune reports on May 22, 2007 that 30 former officials at Mira Costa College are outraged by the college president, Victoria Richart. These concerned citizens say Richart funnelled around a million dollars to investigate "the errant, but well-intentioned, actions of a teacher struggling to make her program the best in the state." * * * |
| Training |
| In Chula Vista Elementary School District trustees Cheryl Cox, Bertha Lopez, Pamela Smith, Larry Cunningham and Pat Judd used the services of Mark Bresee of Parham & Rajcic when they wanted to keep the actions of teacher Robin Donlan (and their own actions) from exposure in court. |
| If Dan Shinoff said to school boards, "You can settle with the damaged student, employee, etc. for $50,000, or you can fight it and pay me $200,000 and get your insurance premiums increased, what would the board members say? |
| Stutz Lawyer Leslie Devaney |
| Correction: I was wrong when I wrote the following article. It turned out that Stutz won a summary judgment based almost entirely on a three-page declaration by Daniel Shinoff. The declaration of Maura Larkins was not considered by the court. Ray Artiano doesn't like to talk about why Robert Gallagher left the law firm that the two of them founded with Sidney Stutz in 1982. If Ray Artiano wants to obtain a verdict on the facts in his defamation lawsuit against this website, he is going to have to talk about the complaint of obstruction of justice sent to the firm by this author in December 2003, just before Mr. Gallagher decided to move to Higgins, Fletcher and Mack. Of course, Mr. Artiano doesn't want a finding of facts. He wants the case remanded to state court, where he trusts that justice will be perverted, and he will be able to prevail works for public entities, and the state courts tend to protect public entities. The California Court of Appeal is responsible for this situation, since it tends to overturn even the most justifiable jury verdicts without rhyme or reason. Given this situation, Superior Court judges know that even though Stutz' opponents have the truth and the law on their side, they will most likely bankrupt themselves fighting the case, without a chance of obtaining justice in the end. After Gallagher left, the firm proclaimed on its website, "Each of the founding members of the law firm practices with the firm today." Stutz tried to hide the fact that Gallagher left the firm. (See images of Stutz website below.) In his deposition, Ray Artiano referred to Bob Gallagher as an "employee" who left the firm. |
| Suit filed on Oct. 5, 07 for defamation against the author of this website |
| Challenging corrupt school districts and lawyers "The probability that we may fail in the struggle ought not to deter us from the support of a cause we believe to be just." Abraham Lincoln the 16th President of the United States (1809-1865) |
| "This is not a private corporation. We're not organized lawbreakers. We're an open public agency that needs to hold its meetings open to the public." ...Aguirre's most explosive action last week was his beginning an independent investigation into allegations that city employees lied and withheld information in disclosures related to its pension deficit. Attorney Patrick Shea, a friend of Aguirre's and one of four unpaid advisers assessing staff changes in the City Attorney's Office, called the step essential. "There is going to be an unavoidable irritation" between Aguirre and city officials "who don't want that kind of disclosure," Shea said. "Mike has no choice but to do what he's doing," he said. "Mike didn't create this situation. The reality is that the financial markets do not believe the materials . . . published by the city of San Diego." ...Frank Devaney, head of the San Diego City Attorney civil division's trial unit and Leslie Devaney's husband, will leave in March 2005. |
| Mike Aguirre, San Diego's new city attorney, is fighting City Hall from within it. During his first week in office, Aguirre criticized the city's leadership, revived a dormant public integrity unit with prosecution powers and began an investigation into allegations of accounting fraud by city officials. "We will work to restore government integrity," Aguirre said at his swearing-in ceremony Monday. "The City Attorney's Office will not remain on the sidelines and watch San Diego slide deeper into the financial abyss."... Aguirre said his top priority is erasing the stain of a city fiscal crisis marked by a billion-dollar pension deficit, two overdue annual audits and a borrowing ability so crippled that new water and wastewater projects are on hold. The city's finances are being investigated by the FBI, the U.S. Attorney's Office and the Securities and Exchange Commission. Aguirre said solving the crisis will require disclosing its extent, depths and breaking a chain of closed-door City Council meetings about it. "It just invites disrespect and concern when we're meeting in closed session talking about criminal investigations of city officials," he said. |
| Outsider moves in for a fight against City Hall San Diego Union Tribune By Matthew T. Hall December 12, 2004 |
| Daniel Shinoff, Kelly Angell Minnehan, and Jeffery Morris ushered in an era of extreme dysfunction at Castle Park Elementary School in Chula Vista. Stutz' witnesses contradicted each other, contradicted themselves, and contradicted documentary evidence. When the superintendent transferred some of them out of the school--after the district had paid huge sums of taxpayer money to defend them--Stutz' witnesses went to the press to attack the superintendent. |
vicious |
Attorneys as of May 22, 2009
Gil Abed
Lisa Y. Amorino
Ray J. Artiano
Jeanne Blumenfeld
Laura Boezeman
Christina M. Cameron (new)
Paul V. Carelli, IV
Ryan L. Church
Patrice Coady
Leslie E. Devaney
Prescilla Dugard
Athanasia Economy Dalacas
Bret W. Eubank
Ndubisi Ezeolu (new)
Susan H. Gilmor
Jacob Gould (new)
Julie D. Hazar
James F. Holtz
Lara A. Hoover
Scott Ingold
A. Cam Lavin
Robert M. Mahlowitz (new)
Caroline Marodi (new)
Michelle Meek (new)
Mercedes S. Menendez
Jeffery A. Morris
Scott G. Parks
Lee T. Patajo
William C. Pate
David R. Plancarte
Casey Pope (new)
Richard E. Romero
Casey Shaw (new)
Daniel R. Shinoff
Jack M. Sleeth, Jr.
Robert R. Templeton
Robert B. Titus
Jeffrey P. Wade, Jr.
Brandi G. Wallace
Lesa Wilson
Gil Abed
Lisa Y. Amorino
Ray J. Artiano
Jeanne Blumenfeld
Laura Boezeman
Christina M. Cameron (new)
Paul V. Carelli, IV
Ryan L. Church
Patrice Coady
Leslie E. Devaney
Prescilla Dugard
Athanasia Economy Dalacas
Bret W. Eubank
Ndubisi Ezeolu (new)
Susan H. Gilmor
Jacob Gould (new)
Julie D. Hazar
James F. Holtz
Lara A. Hoover
Scott Ingold
A. Cam Lavin
Robert M. Mahlowitz (new)
Caroline Marodi (new)
Michelle Meek (new)
Mercedes S. Menendez
Jeffery A. Morris
Scott G. Parks
Lee T. Patajo
William C. Pate
David R. Plancarte
Casey Pope (new)
Richard E. Romero
Casey Shaw (new)
Daniel R. Shinoff
Jack M. Sleeth, Jr.
Robert R. Templeton
Robert B. Titus
Jeffrey P. Wade, Jr.
Brandi G. Wallace
Lesa Wilson
| New judge Frank Devaney from the office of California Governor 01/24/2005 Governor Schwarzenegger Appoints Two Judges to the San Diego County Superior Court.. Devaney, 50, of San Diego, has served in the San Diego City Attorney’s office for more than 21 years. He began as a deputy city attorney in the Criminal Division in 1983. He then moved to the Civil Litigation Division where he handled defense of personal injury complaints, writs and appeals. In 2001, Devaney became head deputy city attorney in the Trial Unit of the Civil Division where he managed the selection, training, supervision and mentoring of 25 deputy city attorneys. Devaney has also served as a workshop leader for the San Diego Inn of Court trial practice and evidence workshop programs since 1994 and currently serves as a Master of the Enright Inn of Court. Devaney earned a Juris Doctorate from Santa Clara University School of Law and a Bachelor of Arts degree from Hobart College. He is a member of the San Diego County Bar Association and the California State Bar Association. He fills the vacancy created by the retirement of Judge Vincent P. DiFiglia. Devaney is registered decline-to-state. |
| Dan Shinoff's winning declaration (after refusing to be deposed or to turn over documents) |
| By LESLIE DEVANEY Voice of San Diego December 12, 2005 Well, it's been a long year at City Hall. City Attorney Mike Aguirre has certainly shaken up city government and redefined the role of the city attorney. His actions remind me of the quote from Shakespeare's "Macbeth": "Full of sound and fury, signifying nothing." Despite the numerous public discussions, debates and frequently embarrassing displays about who is right on the issue of the proper role of the city attorney, the fact remains that Aguirre has redefined the city attorney position in a way not previously seen in San Diego or anywhere else in the state. Let's look closer at what has occurred in the Office of the City Attorney since Aguirre was elected. Within one year, he has either dismissed or driven out more than 50 staff members from his office, including dozens of very experienced attorneys. The most common phrases I hear from those who remain are, "I'm trying to get out," "I'm looking," or "I'm keeping my head low and out of his way." Workers, whether they are in public or private practice, just can't work efficiently when their attention is focused on looking for another job or avoiding their boss. Aguirre has engaged in unethical legal practices that conflict with his role as city attorney and the role of his office. Rather than represent and advise the mayor, city council and city departments, he has constantly accused them of wrongdoing, investigated them, called them names and generally butted heads with them wherever and whenever possible. He has also issued legal opinions contrary to the city's already-pled litigation defenses being pursued by his own attorneys in the sewage fee case and in the Mount Soledad cross controversy, and has recently done a similar disservice to the city with his condo-conversion opinion. That's not what I would call "representing the client." It's now been a year since Aguirre took office, yet I can't recall any completed projects or new programs initiated by him that have made San Diego a better city. Recommendations for improvement, if ever they are made, are held in abeyance until reports or investigations are complete. I've lost count of the number of his investigations -- nevermind his suggestions of what should be investigated like the alleged fraud that he said last year may have unfairly kept the Cal Berkeley football team out of a BCS bowl game. Oh, and what happened to the investigations about the San Diego Food Bank, sewage fees, gasoline price gouging, the NTC contract, under-reporting of crime statistics, counting votes on election day, and the Torrey Pines golf tee times? Aguirre is looking a lot like Don Quixote fighting windmills with these incessant, never-completed investigations. Yet, you can add me to the majority of San Diegans who actually believe that at least someone stepped forward to lead the city while there was a power vacuum at City Hall. However, there has been little serious discussion about what the cost to the city has been, and will be, in money, morals, reputation and values when that leadership comes from bullying, threatening, name-calling and untrustworthy, unethical behavior. Do we want our elected officials to behave in a way that we wouldn't tolerate in our own children? On whatever side you happen to fall (assuming there are only two) about whether or not the city attorney should be setting policy for the city, you should recognize that, at some point, a train wreck is bound to happen when our elected policy makers cannot or will not ask their attorney for advice. If they aren't talking to their attorney -- and trust me, they are not -- then they either get no advice, or they seek and get advice from persons who are not accountable to the electorate. So, under the guise or mantra of "open and transparent government," the very people in the system who need to change the way they operate are now seeking advice from unidentified people not accountable to you and me. Why? Because their attorney constantly threatens them with investigation, prosecution or lawsuits at every turn. It may be that the only people who will feel brave or comfortable enough to step forward in the future to serve on the city council, in city government, on boards and commissions, or in the city attorney's office itself, are those people to whom Aguirre has granted immunity from one of his investigations. My advice to Mike is this: Before you launch another investigation and hold another press conference, do what ethical attorneys do -- confer with your client. Exhibit some leadership by concluding your reports. Make recommendations for improvement. Be respectful of those who are mentioned in your written documents. Stop constantly hinting at culpability. Use only proven facts. Stop posturing. Recognize that the only way you will be able to effect positive change in the city is if city officials and employees trust your motives and the way you approach issues. Only then will they willingly consult you. People will never consult with you if they believe they will become a source or subject for your next day's press release or newspaper headline. People simply do not want to find their names in the newspaper or in one of your so-called investigations. Develop some positive ideas or programs that will improve neighborhoods, provide better access to government and cut red tape in the city bureaucracy, rather than constantly seek publicity by press releases and press conferences. Maybe, just maybe, you could go down in San Diego's history as someone who made a positive change rather than someone who launched a thousand incomplete investigations and really "shook things up at City Hall." The collateral damage that will result if Aguirre continues to operate as he has over the last year will be devastating to the city in the long run unless he changes course. While his actions now might "feel good" and be appealing to the general public, they have consequences that will indeed be painful in the years to come. I hope I'm wrong. Leslie E. Devaney is a partner at the law firm of Stutz Artiano Shinoff & Holtz. She ran against Aguirre for city attorney in 2004 and lost by a 0.8 percent margin. |
But Lesley Devaney doesn't think there should be serious
discussions about what the cost to the city was, and will be, in
money, morals, reputation and values of the secret pension
deal.
Leslie Devaney's law firm went to court to get a ruling that I
could not accuse her law firm of intimidation.
discussions about what the cost to the city was, and will be, in
money, morals, reputation and values of the secret pension
deal.
Leslie Devaney's law firm went to court to get a ruling that I
could not accuse her law firm of intimidation.
| A train wreck did occur when the previous city council asked the city attorney's office for advice when Leslie Devaney was second in command in that office. The city may very well end up declaring bankruptcy due to the secret agreement to underfund the pension, leaving the city over a billion dollars in debt to the pension fund. The SEC investigated the dishonesty toward bond holders. Leslie Devaney thinks office holders should not be accountable, but rather have the city attorney help them avoid responsibility for their actions. |
| This reminds me of Daniel Shinoff's actions as lawyer for MiraCosta College. |
| Leslie Devaney expresses her views: |
| Responses by Maura Larkins and Dale Peterson |
| It's important to remember that Leslie Devaney would be one of the people scrutinized in such an investigation. Page 1 lNTERIM REPORT NO. 26 ONGOING lNTERNAL REVENUE CODE ISSUES RELATlNC TO PRESIDENTIAL LEAVE BENEFlTS 30 April 2002, City officials granted two union presidents' requests to use their union salaries to calculate their City pensions. Permitting union employees to participate iii the City pension raised tax questions. To address these tax law questions, the City retained attorney Michael Changaris to issue an opinion. 'On that same day, former Assistant City Attoiney Leslie Devaney left a phone message seeking advice: "Mike Changaris Tax Attorney 5 15-3252 Leslie Devaney wants you to call him directly re Union President being paid by City and tax implications. He is expecting your call."74 |
| "...'Leslie Devaney is the city attorney's liaison to the Mayor and City Council and she is responsible for interpreting the Brown Act for them.' Aguirre added that, while he has represented clients in two successful lawsuits against the city for violating the Brown Act (one of the plaintiffs, veteran community activist Mel Shapiro, was in the audience at the forum), thanks to Devaney's advice it will be a lot more difficult to win such suits in the future because she told the City Councilmembers not to take their own notes during closed sessions but to rely on a city attorney's staff member to do it for them." --Who Owns the San Diego City Attorney? sandiego.indymedia.org |
| Attorney Daniel Shinoff |
| Star-News article quoting Felicia Starr and Kim Simmons. |
| Robin Donlan deposition Peggie Myers deposition |
| Dan Shinoff clients and clients' friends |
| Dan Shinoff targets |
ANAHEIM UNION HIGH SCHOOL DISTRICT 501 Crescent Way po
Box 3520 ...
Increase amount of consulting agreement for Stutz Artiano Shinoff
& Holtz, APC, .... He said he also attended the Anaheim High
School football banquet and ...
www.auhsd.us/ourpages/board/.../02-22-2007%20Minutes.pdf -
Similar -
| Claudia Houston, a parent representing herself, wins against Daniel Shinoff in the Ninth Circuit Federal Court of Appeal |
| Correction: During a 6-hour deposition of Maura Larkins on June 16, 2008, one error was discovered on this website. Consequently, Maura Larkins has replaced the error with these words: "Poway Unified School District obtained a court order demanding a parent pay over $1000." |
| The Schoolhouse Lawyer Who Helped Hire His Overseer |
San Diego
Education Report
Education Report
UPDATE Aug. 5, 2011:
Happily, this page no longer needs to be censored, but I'm keeping the
censored version here for its historical value. On Aug. 5, 2011 this website
prevailed against Stutz Artiano Shinoff & Holtz education attorneys in the
California Court of Appeal; Judge Judith Hayes' "exceedingly broad"
injunction was overturned. See the uncensored version of this page HERE.
Happily, this page no longer needs to be censored, but I'm keeping the
censored version here for its historical value. On Aug. 5, 2011 this website
prevailed against Stutz Artiano Shinoff & Holtz education attorneys in the
California Court of Appeal; Judge Judith Hayes' "exceedingly broad"
injunction was overturned. See the uncensored version of this page HERE.
| San Diego Judge Judith Hayes ordered this author (Maura Larkins) to remove certain information from this website. The order is shockingly illegal, but until the Court of Appeal reverses the decision, black boxes will appear on many pages. |
| censored |
| A Favorite San Diego Schools Tactic: arresting parents and employees A favorite San Diego schools tactic is to try get plaintiffs arrested. This works especially well when the litigant is a parent. All the school has to do is to invite the parent to a meeting to discuss a student, and have law officers waiting to arrest the parent for "disturbing" the school with complaints. This happened in the Claudia Houston case. In the Lindsey Stewart case, Poway Unified School District obtained a court order demanding a parent pay over $1000 for sending a long court document to lawyers ($2 per page). Parent David Alberts sued for slander. Using the criminal justice system to achieve an advantage in a civil case is called extortion. Sadly, law enforcement sometimes arrests people without proper cause. |
In a completely separate case, this doctor failed to produce
documents. The hearing officer in this case was very different from
Judge Ahler in the above case.
Mileikowsky v. West Hills Hospital and Medical Center (2009) , Cal.4th No. S156986. Apr. 6, 2009
...Dr. Gil N. Mileikowsky is a physician and surgeon board certified in obstetrics and gynecology. He had staff
privileges to practice gynecology at West Hills Hospital and Medical Center (West Hills), an acute care facility. In
May 2001, Dr. Mileikowsky applied for obstetrical privileges at West Hills and for renewal of his gynecological
privileges. His applications were reviewed by a peer review committee, which recommended denial. The
recommendation was submitted to West Hills's medical executive committee, which also recommended denial.
Dr. Mileikowsky was given formal notice of the recommendation and the reasons for it:
(1) he had failed to notify the medical staff that his privileges at another facility, Century City Hospital, had been
terminated;
(2) he had represented that he had voluntarily resigned from a third facility, the Encino-Tarzana Regional
Medical Center, when in fact he had been summarily suspended; fn. 2 and
(3) he had attended a patient at West Hills and attempted to perform a caesarean section on her when he
lacked obstetrical privileges and the patient had requested he stay away.
...Cedars-Sinai [indicated] Dr. Mileikowsky's privileges at that facility had been suspended for actions falling into the
adverse action classification of "Incompetence/Malpractice/Negligence."
On February 5, 2003, after detailing the many complaints the parties had made about one another, including West
Hills's complaint that Dr. Mileikowsky persistently refused to provide information relating to the action taken
against him by Cedars-Sinai Medical Center, the hearing officer ordered Dr. Mileikowsky to produce the
Cedars-Sinai documents, warning he would impose terminating sanctions should Dr. Mileikowsky fail to
comply.
Dr. Mileikowsky replied he would be occupied until March 14 with "other matters" and would respond to the
officer's order after that date.
On March 18, 2003, the hearing officer wrote to the parties he had received no further communication from Dr.
Mileikowsky, ordered Dr. Mileikowsky to make arrangements to allow inspection and copying of the
Cedars-Sinai documents by March 24, and again warned he would order terminating sanctions if Dr.
Mileikowsky failed to comply.
Dr. Mileikowsky did not comply with the hearing officer's order. On March 27, 2003, the hearing officer issued
an order dismissing Dr. Mileikowsky's request for a hearing, finding Dr. Mileikowsky's refusal to make the
documents available prevented West Hills from prosecuting its case...
documents. The hearing officer in this case was very different from
Judge Ahler in the above case.
Mileikowsky v. West Hills Hospital and Medical Center (2009) , Cal.4th No. S156986. Apr. 6, 2009
...Dr. Gil N. Mileikowsky is a physician and surgeon board certified in obstetrics and gynecology. He had staff
privileges to practice gynecology at West Hills Hospital and Medical Center (West Hills), an acute care facility. In
May 2001, Dr. Mileikowsky applied for obstetrical privileges at West Hills and for renewal of his gynecological
privileges. His applications were reviewed by a peer review committee, which recommended denial. The
recommendation was submitted to West Hills's medical executive committee, which also recommended denial.
Dr. Mileikowsky was given formal notice of the recommendation and the reasons for it:
(1) he had failed to notify the medical staff that his privileges at another facility, Century City Hospital, had been
terminated;
(2) he had represented that he had voluntarily resigned from a third facility, the Encino-Tarzana Regional
Medical Center, when in fact he had been summarily suspended; fn. 2 and
(3) he had attended a patient at West Hills and attempted to perform a caesarean section on her when he
lacked obstetrical privileges and the patient had requested he stay away.
...Cedars-Sinai [indicated] Dr. Mileikowsky's privileges at that facility had been suspended for actions falling into the
adverse action classification of "Incompetence/Malpractice/Negligence."
On February 5, 2003, after detailing the many complaints the parties had made about one another, including West
Hills's complaint that Dr. Mileikowsky persistently refused to provide information relating to the action taken
against him by Cedars-Sinai Medical Center, the hearing officer ordered Dr. Mileikowsky to produce the
Cedars-Sinai documents, warning he would impose terminating sanctions should Dr. Mileikowsky fail to
comply.
Dr. Mileikowsky replied he would be occupied until March 14 with "other matters" and would respond to the
officer's order after that date.
On March 18, 2003, the hearing officer wrote to the parties he had received no further communication from Dr.
Mileikowsky, ordered Dr. Mileikowsky to make arrangements to allow inspection and copying of the
Cedars-Sinai documents by March 24, and again warned he would order terminating sanctions if Dr.
Mileikowsky failed to comply.
Dr. Mileikowsky did not comply with the hearing officer's order. On March 27, 2003, the hearing officer issued
an order dismissing Dr. Mileikowsky's request for a hearing, finding Dr. Mileikowsky's refusal to make the
documents available prevented West Hills from prosecuting its case...
