OCEANSIDE
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A Superior Court judge has reversed his tentative decision disqualifying MiraCosta College's attorneys in a case brought by former administrator Julie Hatoff.
Judge Michael Anello issued a new ruling last Thursday, saying that the San Diego firm Stutz Artiano Shinoff & Holtz can continue to represent the college as a defendant in a lawsuit filed by Hatoff.
A week earlier, Anello had tentatively disqualified the firm.
After the hearing Friday, in which attorneys for both sides argued the case for an hour, Anello said he would review his position.
Hatoff has sued the college over allegations of breach of contract, age discrimination and intentional infliction of emotional distress, among other issues.
In her request to disqualify the lawyers, Hatoff said she had disclosed confidential information to attorney Daniel Shinoff, who was conducting a probe into the Horticulture Department on behalf of the college. She was told her conversations were covered by attorney-client privilege.
Hatoff was vice president for instructional services at the time.
Later, Hatoff was placed on administrative leave, and in June her contract as vice president was not renewed. She was allowed to return to campus as a teacher this fall.
In his ruling last week, Anello said Shinoff might have violated the Rules of Professional Conduct in not failing to explain to Hatoff that he represented the community college.
But, the judge said, the issue is “whether such a violation should serve as the grounds for disqualification.”
He ruled that it doesn't.
Lola Sherman: (760) 476-8241; lola.sherman@uniontrib.com
