FUESD/Allyn retrial set for April

On Friday, Jan. 3 at a case management conference, Vista Superior Court Judge Jacqueline M. Stern set a new trial date of April 18 for the Elaine Allyn vs. Fallbrook Union Elementary School District (FUESD) case. The first trial, which ran seven days in October 2013, ended in a mistrial declared by Stern due to the time consumed versus the established 10-day availability of the jury.

Allyn, who is represented by Michael Curran of Curran & Curran Law, has claimed she was wrongfully terminated by FUESD administrators in 2012, after 18 years of employment, in an act of retaliation and that the district violated public policy by misusing public funds. When the mistrial was declared, Curran placed the blame on FUESD’s defense counsel for “wasting everyone’s time and resources due to intentionally prolonged examination of their defendants.”

Conversely, FUESD attorney Gil Abed of Stutz, Artiano, Shinoff & Holtz, APC, said, “We are very disappointed that we were not able to complete this trial and show the jury the abundance of evidence justifying the dismissal of a management employee in the district.”

In the retrial, Curran said, “The evidence in the second trial will be just what the first trial included – a breach of power and a cover up by the two most powerful administrators in the district – Candace Singh and

Raymond Proctor.”

“This case is very troubling as it has administrators who commit questionable acts with no accountability, who are willing to spend any amount of public funds necessary in an attempt to cover up,” said Curran. “They spent $42,000 on an investigation designed to place blame on Ms. Allyn. That’s reprehensible.”

Curran also filed an amended claim (requesting over $1.5 in lost past and future wages, benefits, punitive damages, and attorneys fees, compared to the original amount of $972,000.), which the district has denied, he said. “Because the court date is coming up so soon, Ms. Allyn is not amending her Superior Court complaint however, she is confident that all the allegations in the amended tort complaint will be brought forth at the second trial. [FUESD board members] will now be on Ms. Allyn’s witness list.”

Transcripts from testimony heard in the first trial are likely to be introduced at the retrial, Curran said. “Impeachments made by witnesses are locked in. These will be read to the new jury in the retrial. They will hear the same thing the first jury did.”

Curran said his client is ready for the next stage of proceedings.

“We are very much looking forward to the second trial, completing the trial, and getting our jury verdict,” said Curran. “Ms. Allyn is also contemplating a separate lawsuit against Ms. Singh individually, Mr. Bixler individually, and the [FUESD] board members named in the tort claim individually for defamation per se, falsely and with no evidence whatsoever, accusing Ms. Allyn of being immoral and dishonest in her employment/profession at FUESD.” Some of these allegations appear to be as a result of a letter to the editor submitted by FUESD board members and published in the Nov. 14, 2013 issue of the Fallbrook/Bonsall Village News.

Although contacted, FUESD legal counsel chose not to provide any updated information for this story.

13 Responses to "FUESD/Allyn retrial set for April"

  1. The Bold One   January 16, 2014 at 9:08 pm

    Well, here we go again! Bound to get interesting. Wonder which board members he’s going to have at? Those transcripts might carry some weight. Be interesting to hear the evidence from the other side.

  2. Appalled by our District   January 17, 2014 at 7:08 am

    Go get ’em Ms. Allyn. That letter from the FUESD board members disgusted me and made me regret my past voting practices. In the future, I will think twice before I put someone’s election sign on my lawn.

  3. Fallbrook Mom   January 17, 2014 at 9:37 am

    I was happy to see the board members added to the witness list. I hope Mrs. Allyn does bring individual lawsuits against Mrs. Singh, Mr. Bixler, and the board members. I deplore the amount of public money wasted in this case. Board members need to keep informed and not allow their employee, Mrs. Singh, to be their only source of information.

  4. Be Careful Who You Vote For!   January 17, 2014 at 5:18 pm

    These board members are the worst, including FUHSD. It’s sad to see how the school districts work and misuse so much money that needs to go to our kids. They only think about their benefit, when the children should always come first. School districts are too political.

  5. Stunned and Disappointed   January 17, 2014 at 6:04 pm

    After reading this recent article, I am stunned, disappointed and VERY angry with FUESD and the School Board members.

    I went back and read through the other articles and I figured that if FUESD/Board spent $50-75,000 in legal fees on the first mistrial (that lasted 7 of 10 days) then they have to be spending at least that much for a retrial (the rumor is that it is scheduled for 20-25 days)? Plus the $42,000 spent on an investigator

  6. District Employee   January 17, 2014 at 9:33 pm

    All that public money spent and the board members just voted Mrs. Singh a 15% raise to boot. Shameful!

  7. Shame on FUESD   January 18, 2014 at 9:27 am

    What a tragedy for our community. It has been common practice for these district administrators to bully staff and manipulate public funds for their own aggrandizement (Ms. Singh’s office reno for one). Teachers received a pittance of a C.O.L.A. pay raise while these administrators received HUGE pay increases in a board meeting last summer! And the school board…what in the world were they thinking writing that recent letter to the editor condemning Ms. Allyn?! I truly hope that justice will be served in this next trial, but I think the Fallbrook community will lose out whatever the final verdict.

  8. Concerned Parent   January 18, 2014 at 4:42 pm

    In the 12-16-2013 FUESD Board Minutes, board member, Patty De Jong states she participated in the annual CSBA conference. She inferred that the State Board of Education reinforced that FUESD is on the right track. I wonder if that includes breach of power, cover ups by school officials, defamation of Mrs. Allyn, and the squandering of public funds?

  9. ERIN   January 19, 2014 at 9:10 pm

    Fallbrook’s own version of the City of Bell.

  10. Interested Educator   January 20, 2014 at 10:07 am

    Does anyone know how to access the salary information for district administrators? I have been told that Mrs. Singh received a 45% raise and many stipends with that, bringing her total package to over $200,000. I was also told that Mr. Proctor and Mr. Forseth received 24% raises and Mr. Bixler 15%. I’d like to confirm the accuracy of this. I reviewed the minutes from the summer meeting where their contracts were extended, but the actual contracts were not available. I wonder if the San Diego County Office of Education has this information.

  11. Lee   January 21, 2014 at 12:34 pm

    Our entire legal system is all about money.
    A judge is all about money.
    A lawyer is all about money.
    A school district is all about money.
    School officials are all about money.
    A school board is all about money.
    A plaintiff is all about money.
    A school custodian is all about money.
    A teacher is all about money.

    See a pattern?

    When WE, THE PEOPLE, fund the purse but do not control the purse, a situation like this one is the result. WE, THE PEOPLE are not in control and power. We do NOT have a true democracy; we have a pseudo-democracy . . . at best.

    Oh well.

  12. I wonder...   January 29, 2014 at 10:08 pm

    Why isn’t this a bigger story and on our news channels? If this was happening in Poway, Vista, Oceanside or San Diego it would be all over the news for a while. They would keep it in the news until it was resolved. We should ask the news channels to do some investigating and see what they come up with. Turko too perhaps. If the board and the administrators get away with what they have done and continue to do with public funds, no one will be able to stop them. Does everyone know what has happened to Mrs. Allyn is wrong? Are public funds going to be used to protect the school board members from their liable? If Bixler, Singh, and the board members are sued personally, who pays for their defense? The taxpayers again? I think news cameras need to be in the next trial. Would love to see what academy awards are given for the actors of fuesd. I just hope this time when someone commits perjury, there is a financial and legal penalty assessed.

  13. observer   April 7, 2014 at 6:18 pm

    I hope that the Village News is there EVERY DAY. You owe it to the village. This is our town, our kids, our schools, our MONEY.
    I agree, where are the newscasts????
    I am beginning to think that these district administrators manipulate the board members, and they believe everything they say….Isn’t it that two of them were teachers???? not much support to the teachers when they agree to give the administrators such an increase in their salaries. All employees at the schools barely see a raise, it is almost like a frozen salary…so sad


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