Showing posts with label restraining order. Show all posts
Showing posts with label restraining order. Show all posts

Friday, March 25, 2016

Judge Whitney dissolves restraining order obtained by Escondido School District against Jose Fragozo

On March 25, 2016 San Diego Superior Court Judge Richard Whitney dissolved the restraining order obtained by Escondido Union School District against its own board member Jose Fragozo.
From the Superior Court website:


03/25/2016Minutes finalized for Hearing on Restraining Order
heard 03/25/2016 01:30:00 PM.





03/25/2016Temporary Restraining Order dissolved.



03/25/2016Restraining order as requested denied without prejudice.

See story: EUSD denied restraining order against Trustee Jose Fragozo 

See my original post HERE.

San Diego Union-Tribune story about the case:
Fragozo makes case to lift restraining order
By Pat Maio
Feb. 10, 2016

— Escondido elementary school district Trustee Jose Fragozo testified in Vista Superior Court on Wednesday that he never yelled or threatened school officials who want him banned from district property.
Fragozo’s testimony came near the end of a weeks-long hearing into whether a temporary workplace violence restraining order filed against him by district administrators should be made permanent... Fragozo, 50, is the first Latino elected to the school board. He has said officials want to silence his concerns about declining enrollment, minority issues and what he has said are deficiencies in teaching English language learners...

Rankins-Ibarra, and trustees Zesty Harper and Paulette Donnellon, testified last month that Fragozo has harassed administrators with bullying text messages, emails, finger-pointing antics and name-calling. The superintendent has said the behavior has caused him to fear for his life.
Fragozo said in court Wednesday that he believes his board colleagues are discriminating against him because of his race. 

Superior Court Judge Richard Whitney has presided over the hearing and is expected to issue a ruling in March...

Sunday, December 27, 2015

School district, Fragozo face off in court

Update: 
On March 25, 2016 San Diego Superior Court Judge Richard Whitney dissolved the restraining order obtained by Escondido Union School District against its own board member Jose Fragozo.


From the Superior Court website:


03/25/2016Minutes finalized for Hearing on Restraining Order
heard 03/25/2016 01:30:00 PM.






03/25/2016Temporary Restraining Order dissolved.



03/25/2016Restraining order as requested denied without prejudice.



Original story:

It seems we have familiar shenanigans going on in San Diego school districts. Escondido Union School District is trying to silence a whistle-blower by destroying his political career.

Here's a pathetic accusation against Jose Fragozo, a board member in Escondido Union School District: "violating personal space."  How is this an offense that deserves a restraining order? 

Then we have "pointing a finger"! Seriously--pointing a finger. 

And my personal favorite, "demeaning staff."  Demeaning staff is normally considered de rigour behavior in school districts. 

Other school officials have committed actual crimes and yet managed to maintain the full support of their districts, and immunity from prosecution. 

I assume this entire case is based on political conflicts.


School district, Fragozo face off in court
by Steve Puterski
Coast News
December 23, 2015

VISTA — The battle between the Escondido Union School District and trustee Jose Fragozo went before a judge on Dec. 18 at the San Diego County Superior Court.

Fragozo is subject to a temporary restraining order filed by Superintendent Luis Rankins-Ibarra with supplementing statements from three other EUSD administrators on Dec. 2 after the four alleged threatening and harassing behavior from Fragozo. The district is attempting to make the order permanent.

During last week’s hearing, EUSD Board of Trustee Zesty Harper testified Fragozo’s behavior grew increasingly volatile over the last year.

The hearing lasted several hours and was continued until Dec. 23.

Trustee Zesty Harper testified as a witness for the district and Rankins-Ibarra saying Fragozo’s demeanor behind closed doors increasingly grew more aggressive, intimidating and threatening over the past year.

Harper, who was elected last year, said she saw several incidents of Fragozo violating others’ personal space, pointing a finger in faces and demeaning staff during meetings.

The district’s attorney, Daniel Shinoff, told the court his clients suffered through tirades and threats of physical violence from Fragozo. In addition, Shinoff said Deputy Superintendent Leila Sackfield felt, at one point, she had been falsely imprisoned, while Assisatant Superintendents Kelly Prins and Kevin Rubow were targets of bouts of yelling “as close as possible” with Fragozo pointing his finger in their faces.

[Maura Larkins' comment: Sackfield "felt" she was falsely imprisoned? Why didn't she call the police? Why didn't she file a criminal complaint? I suspect the accusation was dreamed up long after the event in question. Has anyone questioned Sackfield's propensity for paranoia?]

Shinoff also cited 158 school shootings since 2013 including three local shootings have given the four added reasons for concern, but Fragozo’s attorney, Laura Farris, blasted Shinoff for attempting to link her client and mass shootings.

During Farris’ opening statement, she said her client has not threatened any district official and his passion for the district stems from wanting the best for its students. She added Rankins-Ibarra is overly sensitive to others in disagreement with how to approach the district’s issues.

In addition, Farris claims the district has prevented Fragozo from performing his duties and “obliterated” his constitutional rights.

“He demanded accountability for test scores,” Farris said. “They are using the shootings to get Mr. Fragozo out of the picture.”

Update from Superior Court files:

12/23/2015
Court request to continue the Hearing on Restraining Order and reissue the temporary orders was granted. The Hearing on Restraining Order was continued to 01/08/2016 at 09:00 AM in Department N-21.


For more on Escondido Union School District, see Coach Carter case.

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

Thursday, September 12, 2013

Why is Tri-City Medical Center appealing the Superior Court's decisions about Kathleen Sterling?

UPDATE Sept. 30, 2013: KATHLEEN STERLING WINS IN COURT OF APPEAL

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.


CEO Larry Anderson (now on administrative leave) wields his power in surprising ways.

The decision-makers for Tri-City want to make sure that elected officials see what happens if they don't go along with the political majority. The purpose isn't just to punish Kathleen Sterling, but to keep all elected officials in line.

From Attorney Scott McMillan's website:


July 22, 2011 - Superior Court Judge dismisses three of six counts against client Kathleen Sterling as they violate her rights to Free Speech.

On March 3, 2011, Tri-City Healthcare District filed the lawsuit against Hon. Kathleen Sterling, Director, seeking $100,000 in damages, based on the same set of facts that Tri City based its earlier restraining order proceedings upon. The suit alleged, in part, that her comments and actions were damaging the hospital’s business reputation and that she had injured several hospital personnel during an incident before a board meeting on Feb. 24. Superior Court judge in Vista issued a ruling on July 22, 2011, that struck down part of a civil lawsuit filed by Tri-City Medical Center against board member Kathleen Sterling on that grounds that it appears to violate her constitutional right to free speech. Judge Earl H. Maas ruled three of six counts in the suit are attempts to stop her from participating in hospital board meetings and speaking about hospital-related business.

The counts affected by the judge’s ruling are trespassing, injury to Tri-City’s business reputation and a request to legitimize seven sanctions against Sterling. Although stayed pending the outcome of the appeal on the denial of the restraining orders, three additional counts of battery, assault and negligence are substantively unaffected by the judge’s ruling. [Maura Larkins' comment: These charges were later dropped.]

April 04, 2011 - Client Kathleen Sterling defeats efforts to keep her from her post at Tri City Healthcare District

A judge refused Monday, April 4, 2011, to grant permanent restraining orders against Tri-City Healthcare District Director Kathleen Sterling, saying there was no clear and convincing evidence that Sterling posed a risk to the safety of board members or employees at the Oceanside medical center. Scott McMillan and Kerry Eskenas represented Director Sterling against lawyers of the tony Procopio law firm of San Diego.

Trustee RoseMarie Reno was so taken aback by the fact that the Superior Court judge wasn't impressed by the hospital's evidence that she suggested that the judge might have taken a bribe. She quickly withdrew the comment, but does not seem to have improved her thinking skills.

4th Appellate Division - San Diego
750 "B" Street Suite 300
Tri-City Healthcare District et al vs Kathleen Sterling
September 12, 2013 1:30 for Oral Arguments


See all posts re Kathleen Sterling. Kathleen Sterling's representatives are attorneys Charles Kagay (San Franciso) and Scott Mc Millan (La Mesa).

Daley & Heft law firm (Lee Rosch....?) argues for Tri-City. Tri-City appealed Judge Mills' finding of facts in the 8 restraining orders filed against an elected official who simply did her job, asking questions. Meanwhile the Procopio, Cory, Hargreaves & Savitch law firm (Board general counsel firm) have been paid for billable hours...Mitchell D. Dean, Daley & Heft is also listed on the court website.

Bret Hunt comment:
Wow! All the Tri-City patients will pay for this ridiculous appeal!

Clearly, patients have paid quite a bit more since the following article was written two years ago:


Legal tab against Tri-City trustee tops $100,000
District’s effort against board member is many-pronged
By Aaron Burgin
June 3, 2011

Oceanside — The Tri-City Healthcare District since March has spent more than $105,000 and employed nearly a dozen attorneys from three law firms in legal actions against one of its elected board members.

A judge in April denied the district’s request for a restraining order against the board member, Kathleen Sterling, who they say assaulted several hospital security guards at a Feb. 24 board meeting. The district is appealing.

Officials are suing Sterling for $100,000, alleging that her disruptive behavior has damaged the district’s reputation and embarrassed employees.

Sterling has filed counter actions, including a claim that the district is suing to silence her, and a suit to recoup her legal fees.

Legal and political experts said that while numbers are not out of the ordinary for the number and complexity of the litigation, the fact that a public district has taken these measures against an elected board member is extremely rare.

“In my 40 years in observing government, I haven’t seen anything like this,” said Bob Stern, the president of the Los Angeles-based Center for Governmental Studies and a longtime political observer. “Then again, the behavior that is alleged is unprecedented for an elected official.”

Sterling, a three-term board member who was re-elected in 2008, has frequently clashed with fellow board members, hospital administrators and staff. The district has censured her eight times for what officials call a pattern of disruptive behavior, including calling fellow board members “Nazis” and attempting to tape record closed-session meetings.

As part of her censures, Sterling has forfeited her $100 meeting stipend and must attend board meetings from a separate conference room via teleconference.

By seeking a restraining order, the hospital hopes to make Sterling stay at least 100 yards away from her colleagues and be banned from hospital property except in a medical emergency. She would have to attend meetings from another building, not just another room.

District officials said they have had to hire outside legal firms because of the number of issues they face with Sterling. They said they expect the tab to rise, but said it’s worth it to restore order to the board and keep the public safe.

“You can’t put a price on the public’s safety,” said board member Charlene Anderson, who compared Sterling to Jared Loughner, who seriously injured U.S. Rep. Gabrielle Giffords in a Jan. 8 mass shooting in Arizona. “Those people (in Arizona) would’ve gladly given $70,000 to stop him. I am that afraid something like that could come up with Sterling.”

Sterling said such allegations are ridiculous, part of ongoing district efforts to ostracize her for not being a rubber-stamp vote for CEO Larry Anderson.

“I feel I’ve been targeted because I ask questions and request supporting documents before I make an informed voting decision,” Sterling said. “But they are taking the district’s limited resources and shifting it into the lawyers to use the legal system as a bully pulpit and doing it taxpayers expense.”

Sterling’s attorney, Scott McMillan, called the district’s spending on the actions frivolous.

“What an abysmal use of taxpayer money,” McMillan said. “And for what? How much money are they going to spend before someone says enough is enough?”

McMillan said the spending is questionable because district voters have a mechanism to oust Sterling — a recall election — which no one has attempted. A recall election would cost the district $270,000 for a mail-in ballot or $860,000 for a precinct election. The district could not sponsor such an election, but district voters could.

“If they have a problem with Kathleen Sterling, they need to bring it to voters, not bring it to a judge,” McMillan said.

According to invoices provided from Procopio, the district’s contract legal firm, the firm billed the district $68,445 between March 1 and April 30, including more than $54,000 in attorneys fees for 166 hours of work and $14,000 in legal-related expenses. This does not include costs incurred during May, when the district filed its appeal. Five attorneys, who bill at $335 an hour, a clerk and a paralegal have worked on the restraining order for the firm.

The district hired Michael Curran of Encinitas-based Curran & Curran for the lawsuit. Curran billed the district $3,060 for work from Feb. 28 to March 3, but the district is expecting another bill in coming days. Curran bills at $360 an hour.

Sterling has filed a countermotion against the district that claims that the district legal actions are a “strategic lawsuit against public participation.”

Tri-City on April 21 hired a third firm to assist Curran on Sterling’s claim and other aspects of the dispute. Encino-based Horvitz and Levy has billed the district $33,559 for work performed from April 21 to May 30, Tri-City legal counsel Allison Borkheim said. Four attorneys have worked on the Sterling case, who bill the district from $290 to $460 an hour...

Wednesday, September 11, 2013

Take his guns away, already: Why the George Zimmermans are so protected

George Zimmerman may be right to think he's invincible: police don't seem upset that he destroyed evidence

George Zimmerman destroyed the iPad that had recorded an argument with his wife even though knew it was evidence in a police matter, since Shellie Zimmerman called 911 during the confrontation. Later, his wife declined to press charges. Police don't seem to be upset that he destroyed evidence, but they are trying to recover data from the iPad.


Take his guns away, already: Why the George Zimmermans are so protected
What exactly does it take for a man with domestic abuse complaints and a fatal shooting to lose access to weapons?
By Katie Mcdonough
Salon.com
Sep 12, 2013

Exactly what happened on Monday between George Zimmerman and his estranged wife, Shellie, in Lake Mary, Fla., is still in doubt — but seeing the words “Zimmerman,” “gun” and “altercation” strung together once again has turned Zimmerman into a lightning rod for questions regarding gun violence and domestic abuse in the United States.

Based on the initial report, Shellie called the police that day claiming Zimmerman, brandishing his firearm, was threatening her, daring her to “step closer” to him. “I don’t know what he’s capable of. I’m really, really scared,” she told the emergency dispatcher. He violently destroyed her iPad, she said, allegedly cutting through the device with his pocketknife. He also apparently came to blows with her father, and allegedly exhibited the complete lack of self-control and dangerously poor judgment for which the public has come to know him.

But because Shellie changed her story only hours later — saying she never saw a firearm, and that she wouldn’t press charges — there was no domestic violence report filed. Absent that, the police didn’t pursue a warrant to search Zimmerman’s vehicle for the gun he may or may not have used to threaten Shellie.

Whether or not Zimmerman had a gun on him that day, one thing remains clear: The gun he used to kill Trayvon Martin may still be lawfully returned to him. And he is, according to recent reports, looking to buy more.

Which invites the question: What does a person have to do in this country to get a gun taken away? Or lose the right to a concealed carry permit? And, more specifically, what does a man with a noted history of both domestic violence complaints and a willingness to use deadly force, who is currently in the news for what may still turn out to be another such incident, have to do?

Turns out: quite a terrifying lot. Because, put mildly, the laws in Florida and elsewhere regulating gun ownership among domestic abusers and men suspected of domestic violence are, shall we say, permissive.

“In our country, and in most states, the scales have been very, very heavily tipped toward the individual rights of gun owners,” Dr. Daniel Webster, director of the Johns Hopkins Center for Gun Policy and Research, tells Salon. “United States policy almost always gives the benefit of the doubt to the gun owner,” and things are no different in cases of domestic violence.

According to recent data, more than 60 percent of women killed by a firearm in 2010 were murdered by a current or former intimate partner. The presence of a firearm during a domestic violence incident increases the likelihood of a homicide by an astounding 500 percent. In general, guns are very, very bad for women’s health.

But in spite of all of the evidence identifying a strong and deadly correlation between gun deaths and violence against women, our policies to protect women (victims of intimate partner-related gun violence are, overwhelmingly, female) are full of holes.

For an example of this, look no further than Florida. In Zimmerman’s home state, as a result of federal law, it is illegal for a person subjected to a protective order to own or purchase firearms, and it is a crime for that person to refuse to surrender them to law enforcement. This is a good law that, when effectively enforced, can save women’s lives. “There are actually three studies now published in scientific journals showing how this policy [barring people subjected to restraining orders from owning or purchasing firearms] is associated with a significant reduction in risk of intimate partner homicide — ranging from a 6 to 19 percent reduction,” Webster notes.

But because the law does not explicitly compel courts to authorize police to take the firearms away, many people who are subjected to domestic violence-related restraining orders are still able to keep and carry their guns, undeterred. And those who do have their guns taken away will just as soon have them returned at the expiration of that order. “The minute it expires,” Webster says, “the person who has been under the order can legally possess as many guns as they like. And in places like Florida, this person can also carry a concealed and loaded gun more or less wherever they want.”

Zimmerman is a perfect example of this. In 2005, the same year he faced felony charges for battering a police officer, Zimmerman was subject to a temporary restraining order after his ex-fiancée accused him of striking, shoving and groping her on several occasions. During the duration of the order, Zimmerman was prohibited from owning or purchasing firearms. But after it expired in 2006, he was once again eligible to possess a gun — and obtain a concealed carry permit...

Friday, May 11, 2012

Sweetwater Activist Cleared of Allegations Made by Boardmember

UPDATE MARCH 20, 2013: Superintendent Ed Brand's claim that this matter would cost the district $2,400 was way off. The actual amount, revealed by Susan Luzzaro on March 20, 2013, was $6,336. But why should Mr. Brand worry about such details when the money is coming from taxpayers?

Occupy Sweetwater Activist Cleared of Allegations Made by Boardmember
By Susan Luzzaro
San Diego Reader
May 10, 2012

For weeks, activist Stewart Payne has had headlines written that pertain to him: “Violent Threats By Occupy Sweetwater Result in Restraining Order” (San Diego Rostra), “Keep Payne Away” (The Star News), and “Court Protects Sweetwater Board Member” (U-T San Diego).

All of this because, on the night of April 16, before a meeting of the Sweetwater Union High School District, Payne and the group Occupy Sweetwater initiated a recall petition against boardmember John McCann and two other trustees.

After the meeting, words were exchanged in the parking lot, and McCann called the police to report Payne had physically threatened him. (Payne had gone home before McCann made the call to police.)

McCann subsequently received a temporary restraining order against Payne and sought a permanent one. On May 9, judge Ana Espana determined that Payne had not threatened McCann and denied the injunction.

Aside from why certain media outlets seemed to mischaracterize Payne's role in the incident, other questions remain. Should the temporary restraining order ever have been issued? And why were inconsistencies in the police report — which became crucial during the hearing — overlooked?

Here are the details of what happened: After the April 16 board meeting, McCann gave an interview with KUSI. During the interview, McCann criticized the people who went to the San Diego district attorney — Payne among them — alleging corruption in the Sweetwater district. McCann characterized the activists as “disgruntled employees” and during the interview said Payne was someone who had been looking for work in the school system.

After the interview, according to the police incident report, “McCann made his way over to Stewart Payne and extended his hand to Payne. McCann stated he wanted to use this as a gesture that there were no hard feelings and as a way to hopefully resolve the tension between the two.”

In a May 9 interview, Payne reasoned with McCann's statement and actions, saying, “Why would you throw me under the bus on camera and then try to come shake my hand? It doesn’t make sense.” Payne said the hearing that resulted in the judgment in his favor centered on inconsistencies in the police report and a follow-up investigation report.

A follow-up investigation, during which Chula Vista police detective Michael Varga interviewed McCann, states, “Payne then raised his balled and clenched fist in preparation to strike McCann.”

However, Varga’s follow-up report with security guard Jorge Sanchez states, “I asked Sanchez about Payne’s physical posture…. Sanchez stated that Payne had one hand extended, and one finger of that hand extended, into McCann’s face…. I asked Sanchez if Payne’s hands were balled into a fist, or if Payne was in any type of fighting stance. Sanchez did not see Payne’s hands balled into a fist and did not recall seeing Payne in any type of fighting stance.”

Jimmy Delgado, an employee of the San Ysidro Elementary School District, provided a witness statement for McCann. According to Delgado, Payne “...aggressively pointed his finger in McCann’s face.” Delgado's description of Payne's gestures agree with Payne’s formal response.

Payne says he backed away from McCann’s advances that night: “I had retreated so far that I could feel other people on my heels…. At this point I became concerned that Mr. McCann was becoming irrational and intending to do me harm. It is at this point that I extended my hand pointing my finger to establish my personal boundary and told him not to come closer or I would protect myself.”

Payne, who defended himself during the May 9 proceedings, said, “Have you ever seen anyone who was going to hit someone with their finger?”

McCann was represented by an attorney at the hearing. According to a May 10 U-T report, “Sweetwater superintendent Ed Brand approved the legal expense. He said the affair may cost the school district around $2,400 in attorney’s fees for McCann.”

Saturday, October 01, 2011

Tri-City loses effort to block use of documents

Two stories about the publicly-owned Tri-City Hospital's efforts to avoid transparency.

U-T says Tri-City lawsuit attempts to abridge free speech

Ricky Young
SDUT
Sept. 26, 2011

links:
U-T anti-SLAPP motion against Tri-City, Sept. 26
Tri-City lawsuit against the U-T, Sept. 15

The San Diego Union-Tribune filed an anti-SLAPP motion today against the Tri-City Healthcare District, alleging that the agency's Sept. 15 lawsuit against the newspaper should be stricken as an attempt to abridge free speech rights.

The public hospital district says it mistakenly sent the U-T attorney-client privileged information in response to a public-records request for executive expense records. The newspaper returned the documents in question as a courtesy, but the agency is suing to block any use of the information.

The newspaper's motion claims the healthcare district's action is a "strategic lawsuit against public participation," not allowed under California law. The motion calls the agency's lawsuit "a brazen affront to the constitutional guarantees of freedom of speech and freedom of the press."

The U-T Watchdog team, which filed the public-records request, has asked the district for its response to the anti-SLAPP motion and will add it to this post when it's received. The next hearing on the dispute is Oct. 21 before Superior Court Judge Joel Pressman.




Tri-City loses effort to block use of documents
The healthcare district says release to the U-T was a mistake
Aaron Burgin
Sept. 20, 2011

The San Diego Union-Tribune prevailed Tuesday in opposing the issuance of a temporary restraining order in connection with a lawsuit filed against the newspaper by Tri-City Healthcare District.

The district sought to block any use whatsoever of documents that the district sent to the U-T by regular mail and email, along with its initial response to a reporter’s request under the California Public Records Act for executive expense reports and receipts.

Inclusion of of the attached documents was a mistake, the district says, and the newspaper is not entitled to them because of attorney-client privilege.

The U-T reviewed the documents, decided they were not newsworthy at this time and returned them on Monday. Even though the U-T destroyed all copies, the healthcare district proceeded with its application for a restraining order enjoining the U-T’s use or publication of, or reliance on, the communications.

Superior Court Judge Joel Pressman denied Tri-City’s application for a temporary order Tuesday morning, and declined to prevent publication of the underlying information.

The two parties will meet again in Pressman’s courtroom Oct. 21, when the court will hear arguments on whether the district’s request for a preliminary injunction should be granted. In the meantime, the newspaper agreed to give the district reasonable notice before publishing any story that discloses the information the district claims is privileged.

The Oceanside-based district said any use of the privileged documents would put it at a competitive disadvantage.

“Additionally, publication will reveal the district’s litigation tactics and strategy,” the lawsuit states.

Jean-Paul Jassy, a Los Angeles-based attorney representing the U-T, said the restraining order sought by the district would be a prior restraint, which is when the government takes action to block communications before they occur. The U.S. Supreme Court, according to the U-T’s response to the district’s lawsuit, has repeatedly ruled that prior restraints are unconstitutional.