{"id":10465,"date":"2015-03-30T11:43:37","date_gmt":"2015-03-30T18:43:37","guid":{"rendered":"https:\/\/cjnotebook.com\/?p=10465"},"modified":"2015-08-18T18:11:25","modified_gmt":"2015-08-19T01:11:25","slug":"tentative-settlement-reached-in-last-of-five-ventura-county-da-investigator-lawsuits","status":"publish","type":"post","link":"https:\/\/cjnotebook.com\/?p=10465","title":{"rendered":"Tentative Settlement Reached in Last of Five Ventura County DA Investigator Lawsuits"},"content":{"rendered":"

BY RAUL HERNANDEZ<\/strong><\/p>\n

Notebookventura@gmail.com<\/em><\/strong><\/p>\n

\"20140501_140727_resized_1\"<\/a>SANTA BARBARA, CALIF.<\/strong> – \u00a0Lawyers in a retaliation lawsuit against the Ventura County District Attorney’s Office told a judge today that a tentative settlement had been reached in the case.<\/p>\n

The case was set for trial next week.<\/p>\n

The retaliation lawsuit filed by former District Attorney Attorney investigator Joseph Cipollini is last of five separate lawsuits filed by former investigators who worked for DA’s office alleging retaliation or discrimination or both.<\/p>\n

Since last year, Ventura County has paid more than $4 million in legal costs and fees including more than $2.1 million as damages to either settle one case or satisfy a $1.3 million jury damages award in another lawsuit.<\/p>\n

“I am confident that the case is settled. I would be surprised if it were to fall apart,” Attorney Mark Palin<\/strong> told Santa Barbara Judge Thomas Anderle<\/strong> during a courtroom conference call.<\/p>\n

Adding, that lawyers were processing the legal documents pertaining to the settlement.<\/p>\n

Palin\u2019s Cerritos-based law firm of Atkinson, Andelson Loya, Ruud and Romo is representing the District Attorney\u2019s Office and the County of Ventura.<\/p>\n

\"Mark<\/a>
Attorney Mark Pachowicz<\/figcaption><\/figure>\n

Named in these lawsuits are Ventura County, District Attorney Greg Totten<\/strong> and other DA supervisors and employees.<\/strong><\/p>\n

\"Greg
District Attorney Greg Totten<\/figcaption><\/figure>\n

Defense attorney Mark Pachowicz, of Camarillo<\/strong>, is representing Cipollini. \u00a0Pachowicz didn’t participate in today conference call with the judge. Palin, however, told Judge Anderle about the tentative settlement, which must be approved by Ventura County supervisors.<\/p>\n

Pachowicz had said in an interview that these the cases are about the “district attorney’s treatment of people who testify truthfully on other cases.”<\/p>\n

\"Ventura<\/a>In an interview last year, Pachowicz had said he planned to put Totten on the stand. \u00a0Cipollini’s trial was expected to last two to three weeks, \u00a0according to Pachowicz.<\/p>\n

Cipollini’s case was set for trial next week. \u00a0Judge Anderle had already ruled on the defendants’ summary judgment. But the judge said he would withhold publishing his summary judgment decision until he hears from lawyers.<\/p>\n

Both sides agree to have another conference call with the judge on Thursday, and the trial date will remain until lawyers update the judge.<\/p>\n

A hearing was set today to do some legal housekeeping before Cipollini’s scheduled trial.<\/p>\n

Cipollini alleged that the District Attorney’s Office supervisors retaliated against him because he gave a disposition in the 2008 in a case involving former DA investigator Tammy Schwitzer<\/strong>, according to court records.<\/p>\n

Cipollini also claims that the retaliation was because he gave a disposition in another DA investigator<\/strong> Robert Velasquez’s retaliation lawsuit<\/strong> against the Ventura County District Attorney’s Office. In addition, Cipollini stated he was retaliated for giving a disposition in the\u00a0sexual discrimination lawsuit involving another DA female investigator Leslie Robertson.<\/strong><\/p>\n

Schweitzer\u2019s lawsuit was later dismissed, and Robertson dropped her suit.<\/p>\n

The three remaining investigator lawsuits <\/a>were moved from Ventura County to Santa Barbara County because all the Ventura judges recused themselves.<\/p>\n

Legal Costs and Settlement of Cases<\/strong><\/p>\n

As of last year, Ventura County has paid more than $4 million dollars to settle and defend three lawsuits filed against the District Attorney’s Office by former investigators who alleged retaliation and harassment by the office, according to information provided to American Justice Notebook<\/strong> \u00a0by Ventura County.<\/p>\n

One lawsuit \u00a0was tried three years ago and a jury awarded \u00a0former DA\u00a0investigator Velasquez\u00a0 $1.3 million as damages for retaliation. \u00a0Another involving former DA investigator Mark Volpei<\/strong> was settled in August by Ventura County for $850,000.<\/p>\n

Volpei alleged in his lawsuit that he was retaliated against after reporting official misconduct and alleged crimes and testifying in a sexual discrimination lawsuit against the District Attorney’s Office.<\/p>\n

\u201cThe campaign of retaliation against Volpei included frivolous internal investigations, disparate treatment, and lessening of job responsibilities and duties,\u201d according court documents.<\/p>\n

Volpei filed a retaliation lawsuit in April 2011. His lawsuit had also\u00a0been set for trial\u00a0when the two sides reached an agreement in May.<\/p>\n

\"Gavel\"<\/a>The Mark Volpei Settlement Agreement \u00a0was signed on Aug . 7\u00a0after Ventura County Board of Supervisors authorized the $850,000 payment to settle the lawsuit. Volpei’s lawsuit was laden with serious and possibly criminal allegations by Volpei involving \u00a0official misconduct by the District Attorney’s Office and others including other officials.<\/p>\n

The Volpei agreement forbids attorneys and others involved with this case from discussing the terms of the settlement, and if this clause is violated, it will be considered a breach of contract where damages can be sought.<\/p>\n

The Volpie settlement agreement<\/strong> also states that if Volpei’s lawyers, Lanny and Terry Tron,<\/strong> are asked “how the Action was resolved,” by the media or others, they are to respond: \u00a0“The matter was resolved to the mutual satisfaction of the parties, or words of similar import,” the agreement states.<\/p>\n

“No other statement may be made regarding this case or the Action unless required to do so pursuant to a lawful court order,” the agreement states.<\/p>\n

A former Oxnard police chief and a Ventura County judge who worked as a former prosecutor at the DA office were expected to testify in the Volpei Case, court documents indicated<\/a><\/p>\n

In addition, Volpei and his lawyers agreed to destroy all county files, e-mails, manuals, correspondence and other documents belonging to the county within three days of signing the settlement agreement.<\/p>\n

Legal Costs and Fees to Defend Cases<\/strong><\/p>\n

\"county-of-ventura-california-bronze\"<\/a>As of last year, Ventura County has paid Palin’s law firm of Atkinson, Andelson, <\/a>Loya, Ruud & Romo of Cerritos, California, $682,398 for work on the Volpei case. \u00a0Also Attorney Alan E. Wisotsky, of Oxnard,<\/strong> was paid $69,204 for his law firm’s work in the Volpei case.<\/p>\n

Wisotsky’s firm tried the Robert Velasquez case<\/strong> in Santa Barbara in 2011. A jury decided that the District Attorney’s Office retaliated against Velasquez. Jurors awarded him $1.3 million as damages.<\/p>\n

In 2011, Greg Totten<\/strong> testified in Velasquez\u2019s trial, saying that he never\u00a0read any depositions in any of the lawsuits because he is very busy and he delegates this responsibility to others in his office.<\/p>\n

He said he\u2019s known Velasquez for 25 years and that he was a hard worker \u2014 a \u201cbulldog\u201d \u2014 in conducting investigations. He had numerous letters of commendation and outstanding job performance evaluations, including one in 2007 from Totten\u2019s chief assistant district attorney, Jim Ellison who has since retired.<\/p>\n

But Velasquez also had weaknesses, including failing to file administrative and employee job performance reports, Totten tesified.<\/p>\n

Wisotsky Fired After Velasquez Case<\/strong><\/p>\n

The county paid Wisotsky $711,519 for the law firm’s legal work on the Velasquez case, including trying the case.<\/p>\n

After the $1.3 million judgment, the county fired the Wisotsky law firm, which did some legal work on the Volpei case. After Wisotski was fired, the county hired \u00a0Palin’s law firm.<\/p>\n

In the Joseph Cipollini case, Ventura County so far has paid $866,718 to Palin’s law firm Attorney Alan Wisotsky was paid $74,837 for legal work on this case, according to the county’s Risk Manager Chuck Pode.<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

BY RAUL HERNANDEZ Notebookventura@gmail.com SANTA BARBARA, CALIF. – \u00a0Lawyers in a retaliation lawsuit against the Ventura County District Attorney’s Office told a judge today that a tentative settlement had been reached in…<\/p>\n","protected":false},"author":1,"featured_media":3101,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7,16],"tags":[10,482],"class_list":["post-10465","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-courts","category-home-main-slider","tag-ventura-county","tag-ventura-county-district-attorney"],"yoast_head":"\nTentative Settlement Reached in DA Investigator Suits<\/title>\n<meta name=\"description\" content=\"A tentative settlement in the last of five former Ventura County DA investigator lawsuits was reached\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" 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