Somin v. Porter (2018) Successfully obtained a three-year civil harassment restraining order in favor of community college instructor against a former student who threatened to kill her in a series of messages sent on the social media site Facebook. The decision was unanimously upheld by the Court of Appeal. Read the full Court of Appeal opinion here.
G.J. v. Torrance Unified School District (2016) Litigation pertaining to alleged injuries sustained in a trip-and-fall incident at a middle school. Settled on the first day of trial for nuisance value.
El Camino Community College v. P.E. (2011) Successfully obtained workplace violence restraining order pursuant to Code of Civil Procedure section 527.8 against former student who sent hundreds of e-mail messages, made numerous telephone calls, and engaged in threatening conduct toward college employees.
Californians Aware et al. v. Orange Unified School District et al. (2008) 4th District Court of Appeal, Division 3, No. G038499 [2008 Cal.App.Unpub.LEXIS 7487] Appeal upholding Board of Education’s right to participate in public debate and awarding attorney fees under California anti-SLAPP statute (Code of Civil Procedure Section 425.16).
click Administrative Hearings
In re TM (2017) Tenured Faculty Dismissal. Community college District sought to dismiss a long-time tenured faculty member due to dishonesty and mismanagement resulting in more than $40,000 of fraudulent requisitions. The faculty member agreed to resign before a seven-day hearing commenced.
In re PG (2017) Permanent Certificated Employee Termination. School district terminated a certificated employee of 20+ years due to falsification of District records, dishonesty, and unsatisfactory performance. Employee settled for less than nuisance value at the mandatory settlement conference before the Office of Administrative Hearings.
In re KU (2016) Student Expulsion Hearing. School district expelled high school student for repeated incidents of bullying and threatening another student with a gun. Student agreed to proposed settlement following presentation of District’s evidence before administrative hearing panel.
AFSCME Local 3112 v. Anaheim Union High School District (2015) Unfair labor practice charge filed with the Public Employment Relations Board (PERB) alleging bad faith bargaining and impasse conduct by the District on multiple grounds. The administrative law judge ruled in the District’s favor on every issue and dismissed the unfair practice charge. The decision was upheld on review by PERB. (41 PERC 80.)
In re WD (2014) Permanent Classified Employee Termination. Community college district terminated permanent classified employee for sleeping on the job and poor performance. The hearing officer rejected all of the affirmative defenses offered by the employee in upholding the District’s decision to terminate.
D.R. v. Bonita Unified School District (2013) Employee filed an unfair labor practice with the Public Employment Relations Board (PERB) alleging discrimination and retaliation for engaging in protected activity. The administrative law judge dismissed the unfair practice charge following a contested hearing.
In re RT (2012) Permanent Classified Employee Termination. School district terminated a classified employee with more than 15 years of service for poor performance and insubordination. The District prevailed in a three-day arbitration hearing, receiving a favorable advisory arbitration award.