A big win for education. Sadly, however, MiraCosta College reformers seem to have faded away. Trustee Judy Stratton has left office, and Gloria Carranza and Jacqueline Simon seem to have fallen into line behind Diane Crosier and the SDCOE lawyers who helped MiraCosta College spend $3 million to wage a power struggle over a $305 water bill for palm trees.
OCEANSIDE: Appeals court puts MiraCosta settlement 'in limbo'
Former president could have to give back more than $1 million
By STACY BRANDT
November 23, 2009
Former MiraCosta College President Victoria Munoz Richart may have to give back some or all of the $1.6 million settlement she received when she left the school in 2007, based on a state appeals court ruling Monday.
The ruling, which reverses a 2008 decision by trial judge Thomas P. Nugent, says the settlement amount exceeded what is allowed under a state law that caps executive payout packages at no more than 18 months of salary and benefits.
Richart, reached by phone Monday, declined to comment on the ruling and referred all questions to her attorney, Randy Winet.
Winet said it's unclear exactly what the ruling will mean for his client and the settlement.
"It does put it back into limbo," he said.
Leon Page, an activist and Carlsbad resident who sued Richart and MiraCosta over the deal, said he considers the decision a clear victory...
HERE'S PART OF WHAT THE COURT OF APPEAL SAID TODAY:
...Thus, the public is entitled to monitor and provide input on the Board's collective acquisition and exchange of facts (see Roberts v. City of Palmdale, supra, 5 Cal.4th at p. 376) in furtherance of a mediation or resolution of Richart's claims.
In sum, the trial court erred in sustaining respondents' demurrers to Page's second cause of action without leave to amend.
DISPOSITION
The judgment is reversed.
The matter is remanded with directions that the trial court
(1) enter an order granting summary adjudication of Page's first and third causes of action for Brown Act violations in District's favor and granting summary adjudication of Page's fourth and sixth causes of action in Page's favor;
(2) vacate its order sustaining respondents' demurrers to Page's second cause of action; and (3) enter an order overruling respondents' demurrers to the second cause of action.
THE COURT CITED A CASE INVOLVING THE SAME PLAYERS
The published case Bell v. Vista USD was repeatedly cited in the appellate decision. Bell v. Vista USD involved the same set of players: Bob Ottilie for the plaintiff, Shinoff & Sleeth for the defendant.
Bell v. Vista USD
COUNSEL
Stutz, Gallagher, Artiano, Shinoff & Holtz, Daniel R. Shinoff, Jack M. Sleeth, Jr., and
Paul V. Carelli IV for Defendants and Appellants.
Robert P. Ottilie for Plaintiff and Respondent.
[82 Cal.App.4th 677]
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