Monday, September 30, 2013

Tri-City Healthcare loses appeal, wastes taxpayer money, in attempt to justify hostility to Kathleen Sterling


Kathleen Sterling wins; CEO Larry Anderson loses

By putting CEO Larry Anderson on administrative leave earlier this month, Tri-City Healthcare gives the appearance of an institution that might be trying to mend its ways.

Tri-City Healthcare got very personal in its efforts to destroy Kathleen Sterling, a board member who asked too many questions. When Judge Richard Mills wasn't impressed by the testimony of witnesses who were trying to help Tri-City get a restraining order against Ms. Sterling, board RoseMarie Reno suggested that the judge might have taken a bribe.

Perhaps Ms. Reno lives in such a small world that she thinks Tri-City's vendetta is the first that Judge Mills ever came across. She assumed that Judge Mills would be deeply impressed by the fact that a public entity claimed to have discovered a threat in its midst. She may have believed that the judge had never before seen public employees pressured to present overwrought accounts of non-events in an effort to get rid of someone. She must have forgotten that one of her witnesses said he did NOT feel threatened by Ms. Sterling.

These are the winning law firms:

The McMillan Law Firm, Scott A. McMillan and Evan Kalooky for Defendant and Appellant Kathleen Sterling; Spiegel Liao & Kagay and Charles M. Kagay

These are the losing law firms:

Daley & Heft, Mitchell D. Dean, Scott Noya and Lee H. Roistacher;
Horvitz & Levy, David S. Ettinger, Mitchell C. Tilner and Jeremy B. Rosen;
Procopio, Cory Hargreaves & Savitch, Evelyn F. Heidelberg and Gregory V. Moser [an erstwhile school attorney], for Plaintiff and Appellant Tri-City Healthcare District.

The decision states:

"Tri-City Healthcare District (Tri-City) petitioned for protective orders against Kathleen Sterling, an elected Tri -City board member, alleging the protective orders were necessary to prevent Sterling from committing workplace violence against specified individuals. (Code Civ. Proc., 1§527.8.) After a four-day evidentiary hearing, the court denied the petitions, finding Tri-City did not meet its burden to satisfy the required statutory elements for the protective orders..."

Workplace violence? Are they kidding?

The decision continues:

"We summarize the relevant events based on the evidence found reliable by the court. The February 24 Board meeting was scheduled to begin at 3:30 p.m. At about 3:25 p.m., Sterling attempted to enter the Board meeting room, believing the existing sanctions orders applied only during the meetings and not before the meetings. Security officer Crooks, how ever, believed the censure order barred Sterling from entering the room before and during the Board meetings... "

Paralegal says Tri-City report is wrong
She balks at hospital's version of events involving board member Kathleen Sterling
Aaron Burgin SDUT Nov. 11, 2011

This is from the opinion: "Although we agree that prejudicial error analysis requires a review of the entire record, we find Tri-City's approach of highlighting only its own evidence to be unhelpful and arguably misleading.""

Board of Directors

The Tri-City Healthcare District is governed by publicly elected Board of Directors, who represent the residents of Carlsbad, Oceanside and Vista. Click on highlighted names to contact by email.

Larry W. Schallock Chairperson
Cyril F. Kellett, MD Vice Chairperson
Julie Nygaard Secretary
RoseMarie V. Reno Treasurer
Ramona Finnila Assistant Secretary
James Dagostino, DPT, PT Assistant Treasurer
Paul V. L. Campo Member, Board of Directors

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