RETURN OF THE FAMILY LAW DISPATCH - VCBA

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VCBA MISSION STATEMENTTo promote legal excellence, highethical standards and professionalconduct in the practice of law;to improve access to legalservices for all people inVentura County; andto work to improve theadministration of justice.F E B R U A R Y–T W OT H O U S A N DN I N ERETURN OF THE FAMILYLAW DISPATCH:Top Family LawLegislation for2009By Gregory W. HerringPage 7AnThONY R. STRAUSSPRESIDENT’S MESSAGE3WHERE ARE THEY NOW? - 2009 courtroom assignments11Verna R. KaganPRO-Bono Highlights13Carla HartleyThe Unintended Consequences of Law16Gerald HechtThe Chicken or the Client?20CLASSIFIEDS24EXEC’S DOT. DOT. DOT.26STEVE HENDERSONwhat’s new: www.vcba.org

2 CITATIONS FEBRUARY 2009

FEBRUARY 2009 CITATIONS 3PRESIDENT’S MESSAGEBy Tony StraussExecutive Director Steve Henderson vettedthe idea, and Steve elicited the assistance ofStuart Forsyth, the Executive Director of theLos Angeles County Bar Association, to serveas a facilitator. Together we have come upwith an agenda and a date. The retreat willbe held the morning of February 7.Introspection. It can be a good thing, aslong as you don’t do it too often. It canalso be a good thing for organizations todo periodically, especially non-profits.I have no idea if this will be a useful exerciseor what will come out of the process. If youread my article last month, you no doubtsaw my agenda of promoting collegiality,conviviality and civility among attorneys.But I don’t expect that all of my colleagues onthe board see these as the most pressing issuesof our time. Undoubtedly, some will havegreat ideas. Others may see the status quoas just fine. In any event, we will have gonethrough the effort with the hope of makingparticipation in the Bar Association moreenjoyable and meaningful for all. I will letyou know in March if it was worth while.Finally, I am going to repeat my pleafrom the last article: If you have ideas orwant to get involved, contact me (ars@strausslawgroup.com) or Steve (steve@vcba.org). I have already received some goodideas from members and will be reporting onand implementing some of those in monthsto come.One of the jobs of the incoming Barpresident is to call people who have beennominated to serve as new board members.When I asked if they were interested inserving, I was usually asked in return, “Well,what does a board member do?” Afterexplaining that the board meets for lunchonce a month and reviews the Association’sfinances and activities, I said something tothe effect that individual board memberscan be as active as they wish to be. What Icould not tell them was what they could doto make a difference. I realized I had myown question: “What do we want to do asa board and as an organization?”For at least the last 18 years, the board hasengaged in an “annual planning session.”Representatives of the various Bar Associationaffiliates and committees, court personnel,Bar staff and other interested parties havemet on a Saturday early in the year togive an update about what is new in theirparticular areas. Each planning session thatI have attended has been interesting andinformative. Important issues are discussed,and typically each group makes a pitch forsomething it is interested in – but not muchcomes out of it other than the opportunityto show and tell.Rather than repeating this process this year, Idecided to forgo the annual planning meetingand instead have a board retreat for that bodyto explore the goals of the organization andthe role of board members. The ExecutiveCommittee, made up of President-ElectKendall Van Conas, Secretary-Treasurer JoeStrohman, Past President Matt Guasco, andDON’T LOSE YOURVCBA BENEFITSRENEW TODAYVBCAMEMBERSHIPBENEFITS All VCBA members get CITATIONS VCBA Directory Listing in the VCBA website Active sections and affiliates Pro-bono program, CLE Online Continuing Legal Education

4 CITATIONS FEBRUARY 2009NLAWRENCE C. NOBLE, ESQ.BankruptcyDistressed Business AdviceBusiness LitigationReal Estate Matters35 Years State& Federal ExperienceFOCUSED ONWINNINGTelegenics Legal Video and Visual Litigation Support services allowattorneys and law firms to stay FOCUSED ON WINNING through every phaseof a case – from Discovery through Trial or Settlement. For more than 26years, the experts at Telegenics have been relied upon to understand caseobjectives and develop end-to-end visual and presentation strategies togain an edge and win the case because there areno second elegenicsworkedcreativelywith ourofficeoftobicyclistdepict theJuryawards 12.5 millionin death“WeThesuccessfullyusedTelegenicsfor thesynchronizeddepositionswhichmonumentaleffectof a tragicallylost lifeonvideofamilymembers.Ventura CountyStarreportedthatawardof damagesinvolvinga ycontributedto thedestroyeddefendants’trial. The jury did not believe a wordinjury or wrongfuldeathcredibilityin Garvin v.atSeigelfavorable resolutionto the case.” was the highest ever in Ventura County.defendantsafter weaswerethrough“I was pleasedto havesaidTelegenicsan integralpartwithof mythem.”trial team. The juryDavidL.creativeShain,graphics used.”respondedwellto the, Cappello & Noel- A. BarryCappelloFergusonCaseOrr andPatersonLaw Officesof HieplerHiepler LLP- Mark Hiepler,Our comprehensive trial consultation technologies and responsive services include:s VideotaPED EPOSITIONS s Transcript SynchronizaTION s Trial Consultation andCourtroom PresentaTION s Post Production LitigaTION 3UPPORT s 3ITE )NSPECTIONSs AY IN THE LIFE OCUMENTARIES s ,IVING 7ILLS s &ULL INTEGRation of digital andvisual assets, including computer animationsTELEGENICSLEGAL VIDEO & VISUAL LITIGATION SUPPORT805.981.3994Ventura: &inancial Plaza Tower, 300 Esplanade Drive, Suite 900Santa Barbara: 15 West Carrillo Street

FEBRUARY 2009 CITATIONS 5MEDIATION/ ARBITRATORMEDIATION/ ARBITRATORRichardNormanRichardM.M.Norman2009 VCBABOARD OF DIRECTORSOFFICERSPresidentAnthony R. StraussPresident-ElectKendall Van ConasSecretary-TreasurerJoseph L. Strohmanx 40 years litigation experience-AV rated.x Personal injury, business, construction, employment, real estate,Past PresidentMatthew P. GuascoExecutive Director, CEOprobate/trust, partnership and corporate disputes and dissolutionsSteve Henderson, CAEx Member: American Board of Trial Advocatesitigationexperience-AVrated.Alvan A. ArzuJoel Markx Pastpresident Ventura CountyBar Association and Ventura CountyLinda K. AshQ. McDermottTrialLawyersAssociationinjury, xbusiness,construction, employment, real estate, Christopher R. Balzan JamesGabriella Navarro-BushAmerican Arbitration Association and NASD arbitratorV. BartelsRein Perrymanrust, partnershipand Pepperdinecorporatedisputesand dissolutionsLaurax Trained Mediator–UniversityStraus InstituteMichele M. CastilloKathryn E. Pietrolungox Reasonable fees and flexible scheduling. No administrative charges.American Board of Trial AdvocatesMeghan B. ClarkJodi L. PriorRichard M. NormanMitchell F. DisneyRobert F. Sandbachdent Ventura County Bar OfAssociationand Ventura CountyMark M. FangCarol A. WooCounselDien LeMichael A. Strauss,Norman Dowler, LLPwyers AssociationBarristersBarbara Macri-Ortiz840 County Square DriveArbitration AssociationandNASDarbitratorVentura, California 93003-5406(805) 654-0911RNorman@normandowler.comCITATIONS EDITORIAL BOARDMediator– PepperdineUniversityStraus InstituteManaging Editorle fees and flexible scheduling. No administrative charges.Wendy C. LascherRichard M. NormanOf CounselNorman Dowler, LLP840 CountySquareDrive“I approachforensicengineeringnot as a narrow vocational activityVentura, California93003-5406but as a scientificinquiry.”(805) 654-0911 RNorman@normandowler.comAccident ReconstructionMarc A. FirestonePh.D.Objective Analysis and Scientific IntegrityCombines over 20 years of experience as a professional researchscientist with a 40 year old forensic engineering firm. I have handledhundred of cases in: Vehicular accident reconstruction Slip/Trip falls Product defects Fires Unusual cases requiringa broad scientific background300 Esplanade DriveSuite 1180Oxnard, CA 93036Phone:Fax:E-Mail:(805) 388-7123(805) 988-4948fireball@mailaps.orgCo-EditorAl VargasPublisher, CEOSteve HendersonGraphics/ProductionJ.P. McWatersKaren B. Darnall Gregory T. MayMichael L. McQueen Mark E. HancockMichael R. SmentAris E. KarakalosMichael A. VelthoenPanda L. KrollLouis J. VigoritaRobert I. LongEric R. Reed Gregory HerringMichael StraussCITATIONS is published monthly by the VenturaCounty Bar Association. Editorial content andpolicy are solely the responsibility of the VenturaCounty Bar Association.Submit all advertising,classified and calendarmatters to:VCBA4475 Market St., Suite B,Ventura, CA 93003Attn: Executive Directort: 805.650.7599f: 805.650.8059e: bar@vcba.orgw: www.vcba.orgSubmit all editorialmatters to:CITATIONSP.O. Box 25540Ventura, CA 93002t: 805.648.3228f: 805.643.7692e: wendy@lascher.com

6 CITATIONS FEBRUARY 2009

FEBRUARY 2009 CITATIONS 7RETURN OF THE FAMILY LAW DISPATCH:Top Family Law Legislation for 2009By Gregory W. HerringOne of my New Year’s resolutions is toresurrect and maintain this column,which I put on ice years ago when I becameinvolved with the State Bar’s Family LawSection. Family law deserves a high profile,as the Family Law Department is the secondlargest in our Superior Court, and thesubstance of the law crosses over into a widevariety of other disciplines.Future columns will explore important recentfamily law developments, including theestablishment of same-gender partnership andmarital (maybe?) rights, the enhancement ofinter-spousal fiduciary duties and the significanttightening of the transmutation doctrine. Thecolumn will also focus on practical day-today issues, including the ethical use of (andbehavior by) expert witnesses, ethical concernsregarding mediators, and the intersection ofcorporate versus family law rights.A good re-starting point is to review the majornew family law statutes that became effectiveJanuary 1, 2009 (except where otherwise noted).The following is not comprehensive, but it doesprovide an eclectic list of favorites:Husband Name Changes: Gender equalitytakes a new step forward through AB 102,which allows husbands to take their wives’names in a relatively streamlined manner(without a court order, which was previouslyrequired).Real Property Taxation: SB1233 amendsRevenue and Taxation Code §63.1 concerningproperty transfers between parents andchildren or between grandparents andgrandchildren. The section generally excludessuch transfers from reassessments. The newlaw adds subjection (j), which provides timelimits for asserting eligibility for the exclusion.It also allows penalties against those who missthe time limits.Parentage Files: Attorneys in parentage(typically “paternity” – but not always, inlight of same-gender relationships) cases havelong complained that prior law, under FamilyCode §7643, forced them to formally enter acase as counsel of record before being able toinspect the Court’s file. As opposed to othercourt files, an attorney was not allowed tosend someone to the courthouse to view thefile before deciding whether or not to becomecounsel of record. The rationale was that filesshould be confidential so as to protect childrenof non-marital unions from the assumed socialstigma. A problem for a lawyer was that shemight not want to become – and potentiallyget stuck as – counsel before actually seeingthe file (where the prospective client may notbe available to obtain it for the attorney). Thenew law assists by allowing parties or attorneysto provide written authorization to have theiragents inspect the Court’s records.Drug Testing/Custody: SB 1255 maintainsexisting Family Code §3041.5 (allowing drugand alcohol testing in custody cases wherea preponderance of the evidence indicateshabitual, continual or frequent use) byextending its sunset date from January 1, 2009to January 1, 2013. Family law attorneyswill recall that §3041.5 itself was passed as areaction to Wainwright v. Super. Ct. (2000) 84Cal.App.4th 26, which held that then-existinglaws did not provide for drug testing.Electronic Harassment: Prolific State SenatorSheila Kuehl sponsored SB 129, whichexpands the scope of existing law concerningharassment by phone or electronic device.Existing Penal Code §653 generally makesit a misdemeanor to make repeated phonecalls (or other electronic contacts) to annoysomeone at home or work. SB 129 providesin part that such annoyances or harassment arecriminal, regardless of the victim’s location. Italso criminalizes the act of knowingly allowingsomeone else to use one’s phone or device toannoy or harass another.Custody/ConfidentialityofCustodyEvaluation Reports: The confidentialityof custody evaluation reports, issued underFamily Code §3111, is an ongoing practicalissue for family law attorneys. Although thecurrent law requires such reports to be keptconfidential, parties who have proceededthrough difficult custody evaluations (theyare all difficult) often have trouble refrainingfrom vindicating themselves (and trashing theother parent) by disseminating the reports(or portions thereof ). AB 1877 amends thissection (as of January 1, 2010) by allowing acourt to impose a monetary sanction againsta party who makes a reckless or maliciousdisclosure. The sanction may be high enoughto deter further disclosures without imposingan unreasonable financial burden.Electronic Incitement of Harassment:AB 919 goes a step further in makingit a misdemeanor to use an electroniccommunication device to distribute personalidentifying information about someone toincite third parties to harass, injure or makeany unwanted contact with the intendedvictim. It does this in creating new PenalCode §653.2. I know at least one attorney,the subject of a particularly caustic “blog”by a disgruntled former client, who will beinterested in this.Real Property/Domestic Violence:AB2052, which became effective in September2008, added Civil Code §1946.7. It allowsvictims of domestic violence, sexual assaultor stalking to avoid their real property rentaland lease agreements if they need to movefor safety - theirs or a household member’s.The law requires victims to meet certain noticeand reporting requirements, after which rentwould be required for only the next 30 days.Real Property/Domestic Violence/Nuisance:Conversely, AB 2052 also amended Code ofCivil Procedure §1161(4), making it easier forlandlords to terminate the leases of domesticviolence, sexual assault or stalking perpetratorsunder “nuisance” theories.Adoptions: Recent years have seen muchstreamlining and other amending of thelaws concerning adoptions. AB 1279(concerning post-adoption sibling contactsand independent adoption fees), AB 2651(criminal record checks for prospectiveadoptive parents) and SB 1726 (waiver bybirth parents; adoption facilitators) continuedthe trend.As the scope of this list illustrates, developmentsin family law affect many other areas of law.I hope that estate planning, business, civillitigation, real estate, tax, criminal law andother attorneys will also find future columnshelpful, even though they may never set footin Family Court.Greg Herring is a State Bar certified specialist infamily law and is a partner with Ferguson CaseOrr Paterson LLP. He is a Board member of theSouthern California Chapter of the AmericanAcademy of Matrimonial Lawyers and past chairof the Executive Committee of the State Bar’sFamily Law Section.

8 CITATIONS FEBRUARY 2009Expert Radiology Services & SupportYour Trusted ExpertsPueblo RadiologySANTA BARBARA2320 Bath St., Suite 113Santa Barbara, CA 93105tel: (805) 682-7744fax: (805) 682-3321 Pueblo RadiologyVENTURA4516 Market St., Bldg. 1AVentura, CA 93003tel: (805) 654-8170fax: (805) 654-8173 www.puebloradiology.comPueblo Radiology provides state of the art diagnostic imaging facilitiesand expert radiologists. Get the advantage that comes from thoughtfulapplication of latest radiology procedures and technology.Case Evaluation ConsultationChoose the Correct Medical Imaging Procedure for Your CaseReview and Analysis of Prior Imaging ProceduresPrompt ReportsBoard Certified Radiologists are Sub-Specialty TrainedNeurological ImagingBody ImagingMSK ImagingInterventional Imaging ProceduresOperates Full Outpatient Imaging Facilities in Santa Barbaraand Ventura Providing Local State-of the-Art Diagnostics:MRICTUltrasoundFluoroscopyX-ray

FEBRUARY 2009 CITATIONS 9BAR LEADERSHIPADR SECTIONMarge Baxter583-6714ASIAN BARLeeton Lee987-8857BANKRUPTCYMichael Sment654-0311BARRISTERSMichael Strauss641-992BENCH/BAR/MEDIA COMMITTEEJudge Glenn Reiser654-2961BLACK ATTORNEYS ASSOCIATIONAlvan Arzu654-2500BUSINESS LITIGATION SECTIONErik Feingold644-7188CITATIONSWendy Lascher648-3228CLIENT RELATIONSDean Hazard981-8555CONFERENCE OF DELEGATESJoel Mark988-8300COURT TOUR PROGRAMThomas Hinkle656-4223CPA LAW SOCIETYDouglas Kulper659-6800EAST COUNTY BARBret Anderson659-6800FAMILY LAW BARSandra Bolker652-0089INTELLECTUAL PROPERTYChris Balzan658-1945J.H.B. INN OF COURTAlyse Lazar409-5390JUDICIAL EVALUATION COMMITTEEDennis LaRochelle988-9886LABOR LAW & EMPLOYMENTD. Palay/R. Burnette641-6600/497-1011Law Library CommitteeEileen Walker447-6308LEGAL SERVICES FUND COMMITTEEAnthony Strauss641-9992MEXICAN AMERICAN BAR ASSOCIATIONAl Vargas483-8083PRO BONO ADVISORY BOARDDavid Shain659-6800PROBATE & ESTATE PLANNING SECTIONKendall Van Conas988-9886REAL PROPERTYJody Moore604-7130VCBA/VLSP, INC.Anthony Strauss641-9992VLSP, INC. EMERITUS ATTORNEYSVerna Kagan650-7599VC TRIAL LAWYERS ASSOCIATIONDennis Jones648-7188VC WOMEN LAWYERSJody Prior582-7537VCBA STAFF650-7599Steve Henderson - Executive DirectorAlice Duran - Associate Executive DirectorCelene Valenzuela - Administrative AssistantAlejandra Varela - Client Relations ManagerNadia Avila - Legal AssistantVerna Kagan, Esq. - VLSP Program ManagerPeggy Purnell - CTP Coordinator

Callattorney to consult orrepresent the applicant.10 CITATIONS FEBRUARY 2009Verna R. Kagan,Esquire0!5, &2)4:Program%31 Manager#2%!4)6% )3054% 2%3/,54)/.(805) 650-7599bar@vcba.orgPARTICIPATEIN THE VLSPBecome part of the legal communityserving low-income residents of VenturaCounty. The Bar Association encouragesyour involvement in the county’s onlyprivate attorney pro bono program,the VCBA/VSLP, Inc.IN ASSOCIATION WITH 3CHALL #OURT 2EPORTERS 7ILSHIRE "LVD s 3UITE ,OS !NGELES #! ! 2 &2)4: #/ # 2 ! 2 s For more information call:Verna R. Kegan, EsquireProgram Manager(805) 650-7599bar@vcba.org

FEBRUARY 2009 CITATIONS 11WHERE ARE THEY NOW?The Ventura Superior Court recently announced 2009 courtroom assignments.Ventura Hall of JusticeCourtroom 10Commissioner David M. Hirsch805.654.2960Traffic arraigmentsCourtroom 11Judge David W. Long805.654.2960Misdemeanor criminalCourtroom 12Judge Edward F. Brodie805.654.3680Felony EDC, pretrial and sentencingCourtroom 13Judge Kevin J. McGee805.654.2960Criminal master jury trialCourtroom 14Judge James P. Cloninger805.654.3680Criminal master jury trialCourtroom 21Commissioner Mark S. Borrell805.654.2236Civil and small claimsCourtroom 22Judge Vincent J. O’Neill805.654.2238Civil trials, MSCsCourtroom 23Judge Kevin J. DeNoce805.654.2961Criminal jury trialsCourtroom 24Judge Bruce A. Young805.654.2961Criminal jury trialsCourtroom 26Judge Douglas W. Daily805.654.2717Criminal jury trialsCourtroom 31Judge John R. Smiley805.654.3000Family lawCourtroom 32Judge Ellen Gay Conroy805.654.2997Family lawCourtroom 48Judge John E. Dobroth805.654-2993Criminal jury trialsCourtroom 33Judge William Q. Liebmann805.654.2995Family lawEast County DivisionSimi ValleyCourtroom 34Commissioner Roger L. Lund805.654.2284DCSS and court trialsCourtroom S1Commissioner Mark S. Borrell805.582.8072Arraignments, traffic court trials,small claims, unlawful detainersCourtroom 36Judge Colleen Toy White805.654.2912Prop 36Courtroom S2Judge David R. Worley805.582.809

RETURN OF THE FAMILY LAW DISPATCH: Top Family Law Legislation for 2009 By Gregory W. Herring Page 7. 2 CITATIONS FEBRUARY 2009. FEBRUARY 2009 CITATIONS 3 PRESIDENT’S MESSAGE By Tony Str

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