Capo's Litigation Settlements Total $340K in Just Two Weeks

The ’s Board of Trustees settled two more legal cases at its meeting Monday, bringing the total amount spent on settlements in the past two weeks to $340,000.

The board voted to give a former janitor who claimed he was wrongfully let go after a work-place injury $80,000 to resolve the case. Domingo Gopez of Winnetka was told in July 2008 he could only return to work if he was “100 percent healed,” his lawsuit states.

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The trustees voted 5-1, with Vice President Gary Pritchard absent and Trustee John Alpay opposed, in closed session.

Previously, Gopez worked under restrictions that prohibited repetitive lifting of items 25 pounds or more, lifting items weighing 50 pounds only occasionally and no overhead work, the lawsuit says. When doctors said  Gopez could return to work with no restrictions in December 2008, Capo Unified would not take him back, the lawsuit claims.

On or about July 1, 2009, he was officially released from his position. Gopez also claims in his lawsuit that he was discriminated against because he is Filipino.

In a second case resolved Monday, a special-education student filed a claim with the Office of Administrative Hearings at the California Department of Education. Because it is a quasi-judicial court, the filing documents are not public like they are in lawsuits filed in California Superior Court. According to the office’s calendar, the student’s case against CUSD was scheduled for a Wednesday hearing.

The board voted 6-0 to settle the matter for $130,000, which will pay for past and future educational needs of the student through July 31, 2012.

The dollar amount is the same as a . In that case, the board was compensating a student who has chronic fatigue syndrome to the point that he cannot physically get through a day at school.

In other news, the board:

• Honored Julie Jansen, manager of  grocery store in San Clemente, for her efforts to tend to the San Clemente High community during a . Jansen arranged to provide food and water for students and parents and allowed the parking lot to become a staging area for anxious parents. “It was just the right thing to do,” Jansen told the board. “You are a wonderful neighbor,” Principal George Duarte said.
• Heard from several parents who want the school district to allow commercial-based arts programs the ability to distribute their fliers on campus. At the board’s March 8 meeting earlier this year, the trustees voted to revise district policy that says only district-related flyers may be distributed to students. Several parents said there should be an exception for programs that offer fine arts to students, such as the Theatre Experience of Southern California. The policy restricts the distribution of fliers as a way to "avoid the cost and disruption inherent" in such fliers and "limit student exposure to advertisements and promotional materials."
• Heard from more supporters of San Clemente High football coach Eric Patton, who is with a now-defunct sports equipment company. “You know your investigation is incomplete,” said David Marohnic of San Clemente. “This was a system that was inherited, that existed for decades.” He urged the board to tread carefully, that “there’s still a window of opportunity to handle this amicably” and avoid costly litigation.