Print
Hits: 495
November 14, 2018 CUSD BOT Meeting: CLOSED SESSION
CAPISTRANO UNIFIED SCHOOL DISTRICT 
33122 Valle Road
San Juan Capistrano, CA 92675 
BOARD OF TRUSTEES MEETING  
Closed Session 4:00 pm 
Regular Meeting 7:00pm

Board Audio

Trustee Martha McNicholas will be teleconferencing into the meeting from the following location: 23 Malibu, Laguna Niguel, CA.

Trustee Gary Pritchard is absent

1. CALL TO ORDER

2. CLOSED SESSION COMMENTS 

No Comments

3. CLOSED SESSION (as authorized by law) 

Recessed to Closed Session at 4:08 pm

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

Susan Holiday
Attorney - Ernest Bell
Significant Exposure to Litigation- One Case   

(Pursuant to Government Code § 54957)

EXHIBIT A-1

 

Gregory Merwin
Attorney Ernest Bell
Significant Exposure to Litigation – Seven Cases

(Pursuant to Government Code § 54956.9(d)(2))

 
IDR Case Number 20180329 EXHIBIT A-2
IDR Case Number 20180501 EXHIBIT A-3
IDR Case Number 20180515 EXHIBIT A-4
IDR Case Number 20180523  EXHIBIT A-5
IDR Case Number 201805528  EXHIBIT A-6
IDR Case Number 201805528   EXHIBIT A-7
IDR Case Number 201805528    EXHIBIT A-8

 

 

CUSDWatch Comment

Ernest Bell is with Atkinson, Andelson, Loya & Romo

Ernest Bell specializes in Special Education and Student Issues.

  

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Tim Brooks
Attorney – Dan Spradlin
Significant Exposure to Litigation – One Case

(Pursuant to Government Code § 54956.9(d)(1))

EXHIBIT B-1

CUSDWatch Comment

Dan Spradlin is with the law firm Woodruff, Spradlin & Smart

Practice Description

Dan Spradlin is founder and chair of the firm’s litigation department. He joined the firm in 1978, became a Director in 1982 and had his name added to the firm’s name in 1996.  During this time, he has seen the firm grow from seven to forty-four attorneys. Mr. Spradlin’s 97% success rate in scores of complex jury trials is based, in part, on his innovative trial practices, cross-examination skills, and jury appeal. He uses these abilities primarily in defending public agencies and public employees accused of wrong doing, but, on occasion, in his advocacy for injured plaintiffs in catastrophic and high-stakes cases. Of the hundreds of public employees he has represented, including police officers, firefighters, teachers, and administrators, not one of them has ever had a verdict against him or her.

Mr. Spradlin has successfully represented both public and private interests throughout the State of California, Nevada, Arizona, Georgia, and Alaska in both state and federal courts. Many of his cases have garnered media attention at both the state and national levels.

Mr. Spradlin has twice been profiled in Verdict magazine.

Professional Activities

Mr. Spradlin is admitted to practice before the United States Supreme Court; Alaska Supreme Court; U.S. Court of Appeals; Ninth Circuit District Court; U.S. District Court; Central, Eastern, and Southern District Courts. He is a member of the Orange County Bar Association and the American Board of Trial Advocates (ABOTA).

Mr. Spradlin serves as a temporary judge, arbitrator, and mediator for the Orange County Superior Court. He has also served as a private mediator and discovery referee

Representative Matters

  • Acosta v. City of Costa Mesa – First Amendment violation when Plaintiff was forcibly removed from City Council meeting – Defense verdict
  • Bauer v. City of Fullerton – Police pursuit resulting in use of police canine to apprehend Plaintiff.  Alleged excessive force and violation of rights – Defense verdict
  • Fleming v. Capistrano Unified School District – Suit by a former superintendent for wrongful termination – Summary judgment motion granted and affirmed on appeal
  • Goodman v. County of Riverside – Employment case alleging sexual harassment and sex discrimination – Defense Verdict

Education

  • Pepperdine University, School of Law (J.D., 1978)
    • Pepperdine Law Review Staff Member, authoring “Men’s Rea, Due Process, and the Burden of Proving Sanity or Insanity” (Vol. 5, Issue 1, 1978) and “Enslavement in the Twentieth Century” (Vol 5, Issue 3, 1978)
  • University of California, Los Angeles (B.A., cum laude, 1975)

  

C. LIABILITY CLAIMS

Clark Hampton
Significant Exposure to Litigation – Three Cases

(Pursuant to Subdivision (d) of Government Code § 54956.9, Paragraph (2) or (3))

 
Rejection of Government Claim: No. 1704721  EXHIBIT C-1
Rejection of Government Claim: No. 1704803   EXHIBIT C-2
Rejection of Government Claim: No. 1805021   EXHIBIT C-3

D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

District Negotiators: Kirsten M. Vital and Clark Hampton 
Attorney: Andreas Chialtas
Under Negotiation: Price and Terms of Payment

(Pursuant to Education Code § 54956.9)

 
Property: Pacifica San Juan property. 7.292 acre property located at the north east corner of Camino Las Ramblas and Avenida California Negotiating Party: One or more potential buyers for the Property who may purchase the Property through a request for proposals process
Property: South Transportation and Grounds Keeping Facility. 5.51 acre property located at 26126 Victoria Blvd, Dana Point, CA 92624 Negotiating Party: One or more potential buyers or lessees for the Property who may purchase or lease the Property through a surplus property bid auction process
Property: Paseo de Colinas property. 2.47 acre property located on Paseo de Colinas adjacent to Niguel Hills Middle School Negotiating Party: One or more potential buyers for the Property who may purchase the Property through a surplus property bid auction process

E. STUDENT READMISSIONS

Mike Beekman
One Case
Case # 2017-055

EXHIBIT E-1

F. STUDENT EXPULSIONS

Mike Beekman
One Case
Case # 2018-050

EXHIBIT F-1

G. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE

Tim Brooks
Six Cases

(Pursuant to Government Code § 54957)

 
 

H. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT

Tim Brooks
Principal, High School


(Pursuant to Government Code § 54957)

EXHIBIT H-1