SPRING 2015
Trial Practice Section Newsletter GET TO KNOW YOUR JUDGE: IOANA PETROU The honorable Ioana Petrou presides over a civil trial department in the Superior Court of California, County of Alameda, Department 15 (a civil direct calendar), at the Administration Building in Oakland. Her previous assignment was to criminal and family law courts. She was appointed to the bench in October 2010 by Gov. Arnold Schwarzenegger and took office in November 2010.
Parties should always provide a courtesy copy of motion and application papers to Department 15. This is especially critical for items filed shortly before a hearing, such as reply briefs, proposed judgments, and ex parte applications.
Judge Petrou manages approximately 450 active cases. She presides over jury and bench trials, law and motion, case management and trial readiness hearings, and is a backup judge to the Law and Motion and Complex Civil departments. Her recent trials include asbestos, personal injury, trade secrets, employment, products liability, construction defect and contract disputes. BACKGROUND Judge Petrou was born in Italy, and her first language was Italian. She moved to the United States when she was five years old, landing in New York and later California. She obtained her undergraduate degree from University of California at Berkeley, with a double major in Italian and psychology. Law school was not on Judge Petrou’s radar. She was on track to attend graduate
Alameda County Bar Association
I N S I D E T HI S IS S UE : GET TO KNOW YOUR JUDGE: HON. IOANA PETROU
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WELCOMING NEW JUDGES TO THE BENCH
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MESSAGE FROM THE CHAIR
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LAW LIBRARY INFOGRPAHIC
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DISCOVERY FACIKLITATION PROGRAM TRAINING
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WORKSAFE
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ACBA SUMMER RECEPTION
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LITIGATING HIGH PROFILE CASES
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JUDICIAL ASSIGNMENTS –CIVIL
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Judge Ioana Petrou Department 15 Administration Building 1221 Oak St., Oakland CA 94612 Phone: (510) 2676931
IN JUDGE’S WORDS Q: What single tip can you provide to young lawyers appearing in your courtroom? A: You might not have as much experience, but you can always know the case and law as well (or better) than opposing counsel and that will be a huge advantage to you before me, and before a jury. Knowing your case inside and out will make you confident, credible, and courageous.
Fax: (510) 267-1503 E-mail: Dept.15@alameda. courts.ca.gov Court Clerk: Pam Drummer-Williams Approximate Caseload: 475 cases (as of May 2015)
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JUDGE PETROU, continued from p. 1
school in (Continued on page 2…) psychology. It began to sink in, however, that a career in research psychology might not suit her desire for a high level of interaction with other people. Fortunately, her peers and professors recognized that law would be a strong match for Judge Petrou. Heeding the advice of many, she took the LSAT and arrived at law school under the optimistic impression that once she was an attorney she would be in court every day, much like the glamorous attorneys on television. Probably some of us can relate. Judge Petrou unconventionally took four and a half years to earn her legal degree at U.C. Berkeley
IN JUDGE’S WORDS Q: What is the best thing about being a judge? A: Having a job where the entire point is to do the right thing – to do my best to ensure that people are heard, that their cases get moved forward expeditiously and fairly, that my rulings are correct in both form and substance. Plus, I get to interact with a wide variety of attorneys and litigants involved in an incredible array of cases, which means that I am constantly on my toes and having interesting interactions. I could not be more fortunate.
School of Law (formerly Boalt Hall). This fact is one she often shares with her law students at her alma mater, where she is an instructor (more on that later). It is a good reminder to remember
the big picture at a time when many students feel that every exam, grade, and reading assignment will make or break their future. During law school, a job in Brooklyn with the United States Attorney’s Office matched the kind of vibrant and court-intense position she craved. After graduation, Judge Petrou was an Assistant U.S. Attorney in the Criminal Division of the Northern District of California, where she was the criminal health-care fraud coordinator for the Northern District and the major crimes supervisor. She was also an Assistant U.S. Attorney in the Criminal Division of the Eastern District of New York and was in private practice with O'Melveny & Myers, Foley & Lardner and Proskauer Rose LLP.
Scheduling Information for Department 516 Trial Schedule
Mon – Thu at 10:00 a.m. to 4:30 p.m.
CMC Schedule
Mon – Thu at 9:15 a.m., Fri at 9:30 a.m.
L&M Schedule
Tue – Thu at 9:00 a.m.
Settlement Conference *
As scheduled by the Judge.
Ex Parte Schedule
As reserved by the parties.
Pretrial Conference*
10 days before trial.
Litigants should contact the department via e-mail only to schedule hearings, and copy opposing counsel or pro per parties on all correspondence. * Except in extraordinary circumstances, attendance via Court Call is not permitted.
TRIAL PRACTICE SECTION NEWSLETTER
“I am very likely to ask you how I can help or what I can do for you,” says Judge Petrou. “Be ready with a thoughtful answer, and you are much more likely to get the order that you want.” INSIDE DEPARTMENT 15 One of the gatekeepers to Judge Petrou’s department is her clerk, Pam Drummer-Williams. Judge Petrou, and Ms. DrummerWilliams note that the key to contacting her courtroom is email, e-mail, e-mail. Phone messages are not frequently checked due to ongoing hearings and trials, and calls are disruptive, particularly when the Court is in trial. All e-mail communications must copy each opposing counsel or pro per party. Motions should be reserved by email and are presently being calendared about eight-to-nine weeks out. With respect to discovery motions, Judge Petrou advises that often attorneys do not meet and confer to the extent required, or at all. No discovery motion may be filed in her department without prior serious efforts to resolve it. Judge Petrou makes herself available to informally resolve discovery disputes. After the parties provide a joint informal statement by e-mail, she will confer with counsel and determine whether there is a way
to resolve the matter short of motion. Her goal with discovery disputes, as with all matters that pass through her courtroom, is to be effective and efficient, and to narrow the focus to true disputes. Judge Petrou considers whether counsel met or conferred, and if they did so in a professional manner, when ruling on requests for discovery sanctions. Ex parte hearings are also reserved by e-mail. Judge Petrou advises litigants to consider whether an ex parte application is necessary. Certain issues, such as a change to a hearing date, may be resolved by stipulation. E-mail addresses should be in the caption of all filed papers, as required by CRC 2.111(1). It would also benefit the Court,
In Judge Petrou’s opinion, Court Call should be used only when all counsel have truly met and conferred in advance and extended discussion is not anticipated. The use of Court Call can be disruptive, such as when counsel cannot hear the Court and continues speaking despite cues to stop. Further, in-person appearance allows for resolution of issues and calendaring items in a way that Court Call discussions cannot.
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Judge Petrou says, and the public in general, if attorneys remember to keep their California State Bar page updated with their professional e-mail. Judge Petrou encourages attorneys to always check tentative rulings prior to both law and motion and case management conferences (CMC). Tentative rulings are available on DomainWeb in the tentative rulings tab one or two days before the scheduled hearing. If a party wants to contest the tentative ruling, they must advise the Court and opposing counsel by 4 p.m. the day before the scheduled hearing. Parties are required to file and complete case management conference statements, and are encouraged to speak with each other and file joint submissions, which may eliminate the need for a hearing. When a hearing is necessary, be prepared and know your case so that Judge Petrou can move the case along and you can let her know how she can help with that goal. Be prepared to discuss what discovery will happen and when, the pros and cons of various forms of alternative dispute resolution, and a firm trial date. (Continued on page 4…)
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JUDGE PETROU, continued from p. 3
Trial dates are currently being set approximately ten-to-twelve months out. BEYOND THE BENCH Managing 450 active cases as her day job is just one piece of Judge Petrou’s active life. She is also a mother, a wife, a lecturer at one of the most prestigious law schools in the country and a member of numerous organizations. Judge Petrou and Judge Charles Smiley co-teach trial practice courses at the U.C. Berkeley School of Law. Despite the late evening hours, she finds the job
uniquely rewarding and loves interacting with the law students. She also volunteers to judge high school debate events. She says it is not uncommon for the high school and law students to be as well prepared as the attorneys in her courtroom! Judge Petrou is the chair of the Alameda County Superior Court’s Judicial Education Committee, is a member of the Court’s Civil Committee, and was formerly a member of the Information Technology Committee. And as a board member of the California Judges Association, she interacts with judges across the state and is involved in the legislative issues
that impact California courts. When she is not behind the bench, lecturing a class of law students, engaged in a committee or involved in a volunteer activity, you may find her spending time with her family, traveling to Italy and beyond, or enjoying the foodiefriendly restaurants and cafes in the Bay Area. Prepared by Caitlin Connell, associate attorney at the Pleasanton law firm of Patton & Sullivan, LLP. Ms. Connell handles a variety of civil litigation, with a focus on business, real estate and employment matters.
WELCOMING NEW JUDGES TO THE SUPERIOR COURT CALIFORNIA, COUNTY OF ALAMEDA Andrew Steckler, (49, Berkeley) and James Cramer (55, Piedmont) were appointed to the bench by Governor Jerry Brown on March 27, 2015. Judge Steckler attended Williams College and received his J.D. from Harvard Law School. He joined the Alameda County Public Defender in 1994 and has represented defendants accused of murder and serious crimes. Notably, Judge Steckler represented Moses Kamin, a 15 year old who plead to murdering his adoptive parents in 2012. Prior to joining the public defender, Judge Steckler spent two years in private practice at Heller Eherman. He filled the vacancy created by the retirement of Judge Hugh A. Walker. Judge Cramer obtained both his bachelor’s degree and J.D. at Santa Clara University. Judge Cramer is also a public defender, and was at the Alameda County Public Defender from 2004-2005. Judge Cramer was in private practice before then, and served as general counsel at McGuire and Hester from 2000 to 2004. Judge Cramer spent his first year of practice at the Alameda County District Attorney’s office from 1987 to 1988. He fills the vacancy left by retired Judge Joan S. Cartwright.
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TRIAL PRACTICE SECTION NEWSLETTER
MESSAGE FROM THE CHAIR IMAGINE YOUR AD HERE Do you have a service, product or event you want to let ACBA members and other professionals know about? Place an ad in our Newsletter! The electronic version is made available to approximately 1,500 lawyers, judges and law students, with hard copies distributed to civil departments in Alameda County, as well as Bay Area public law libraries. Ads are $500 for a full page, $250 for a half page, and $150 for a quarter page, with discounts for non-profits. Please contact Valerie Lescroart, at valerie@acbanet.org if you are interested in placing an ad!
Welcome to our Summer 2015 installment of the ACBA Trial Practice Section Newsletter! The Trial Practice Section continues its efforts to deliver relevant MCLE programs with superb speakers, offer news and information to our members, and maintain an ongoing dialogue and facilitate exchange of news and information between the Bench and the Bar. Now more than ever, we encourage your input and participation! If you have a recommendation for an MCLE program or an engaging speaker, please let us know. If you are interested in publishing an article in our Newsletter, have a suggestion for an organization to be profiled, or have any other content ideas, please email me at mshklovsky@gmail.com. In a few short months, there will be several vacancies opening up on our Executive Committee. Once you see the electronic flyer from the ACBA concerning open vacancies, I invite you to apply for a position by contacting Hadassah Hayashi at hadassah@acbanet.org. See you in court!
ACBA TRIAL PRACTICE NEWSLETTER TEAM
Michael Shklovsky Chair, ACBA Trial Practice Section
Michael Shklovsky Creative Director & Editor-In-Chief mshklovsky@gmail.com
Austin Houvener Assistant Editor ahouvener@toschisidran.com
James Hankins Volunteer Copy Editor ltecato@aol.com
1000 Broadway, Suite 480 Oakland, CA 94607 Phone: 510-302-ACBA (2222) Web: www.acbanet.org
CONTACTING THE COURT Court clerks may be emailed by using the following email: Dept.[insert number]@alameda.courts.ca.gov Tentative Rulings: (866) 223-2244
ALAMEDA COUNTY LA LIBRARY
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TRIAL PRACTICE SECTION NEWSLETTER
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DISCOVERY FACILITATION PROGRAM TRAINING Thursday, June 18, 2015 5:30 p.m. to 7:30 p.m. Discovery Facilitation is a voluntary pilot program that was launched in September 2013 to make litigation faster, easier and more cost-effective. As of July 1, 2015 however, new Local Rule 3.800 encourages the use of the Court’s Discovery Facilitation Program and establishes that participants in that program must use certain mandatory local forms. This training will cover:
The basics of the program and how the mechanics work
The types of cases best/least suited for discovery facilitation
Use of discovery facilitation in other courts
Special issues that discovery facilitation presents
Plans to expand or modify the program
SPEAKERS:
Judge Kimberly E. Colwell was appointed to the Superior Court of California, County of Alameda on December 27, 2012. She presently sits in Department 18, a Civil Direct Calendar assignment (CDC), where she handles all aspects of civil cases from case management, to law and motion and trial. She is currently the Chair of the ADR Committee and is working on two new mediation programs for the court in the areas of Collections and Unlawful Detainer cases. Judge Robert B. Freedman is a judge of the Superior Court of California, County of Alameda. He currently serves in one of the Court's Civil Direct Calendar departments and has served in one of the court’s two complex civil litigation departments. He is a current member and Vice-Chair of the Court Technology Advisory Committee to the Judicial Council. John H. Patton, Partner at Patton & Sullivan LLP, has a 30+ year record of handling complex commercial and real estate litigation in high-profile cases that range from intellectual property to civil rights to land use. He has served as a discovery facilitator for both the Alameda and Contra Costa Superior Courts. His experience includes numerous complex jury and court trials, arbitrations, administrative law proceedings, and appellate matters in California and federal courts. Jason H. Stein is the Alternative Dispute Resolution Programs Administrator at the Superior Court of California, County of Alameda. He previously coordinated the Self-Represented Litigants’ Mediation Program at the Superior Court in San Francisco and was an Adjunct Professor of Law at the University of San Francisco, School of Law’s Civil Mediation Clinic.
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WORK SAFE PART OF THE GET TO KNOW YOUR LOCAL COMMUNITY ORGANIZATION SERIES
ABOUT US Worksafe began in the early 1980s; it grew out of two local COSH groups (Committees on Occupational Safety and Health), and was renamed Worksafe in 2006. We are the only statewide worker advocacy organization in California with the primary goal of increasing health and safety protections for our state's workforce of 18 million. Our mission is to protect workers from job-related hazards and empower them to advocate for the right to a safe and healthy workplace.
THE PROBLEM We all agree that no one should die at work from preventable causes, but the reality is that it happens every day. Every day, one person in California is killed at work due to a preventable hazard, and approximately 30,000 people suffer from workplace-related illnesses each year in this state. In California, the rate of Latinos killed on the job is climbing, while rates for other groups decline. And low-wage immigrant
workers are especially vulnerable to the very real practice of illegal employer retaliation when they try to exercise their rights on the job. This is inequality in action, with dire consequences. Coming home from work each day shouldn’t be a privilege based on income level, age, immigration status, gender or industry. The law says that work should be free of recognized hazards. But in practice, many workers sacrifice dignity, life or limb for a paycheck.
TRIAL PRACTICE SECTION NEWSLETTER
WHAT WE DO For more than 30 years, Worksafe has developed and implemented strategic, ground-up approaches that get to the root of threats to safe and healthy employment. We advocate for protective worker health and safety laws and effective remedies for injured workers. We watchdog government agencies to ensure they enforce these laws. And we engage in campaigns in coalition with unions, workers, community, environmental and legal organizations, and scientists to eliminate hazards from the workplace. Since the early 2000s, we have provided free training, technical assistance and advocacy support to the approximately 100 State Bar qualified legal aid organizations across California so that they are better able to deliver occupational health and safety and workers' compensation advice and representation to their low-wage worker clients. Some of our past successes, which have helped to make California a national leader in workplace
health and safety, include: Passing and defending California’s law giving workers the “right-to-know” the identity and hazards of chemicals used on the job; Protecting contract and temporary workers through laws that hold employers and subcontractors responsible for health and safety; Making it a legal requirement that all employers have a prevention plan, involving employees, to “find and fix” all known hazards; and, Strengthening California’s first-inthe-nation rules to prevent heat illness by requiring water, rest, shade and emergency medical care for exposed workers. Worksafe is an incredibly dedicated group of staff, alumni, board members and supporters who help to make the voices of workers heard amid the din of competing interests.
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With a staff of just six and everdwindling financial support for small nonprofits, our mission is an ambitious one. But we are, as always, up for the challenge – there is nothing more important than every worker coming home at the end of the day.
CONTACT INFORMATION Worksafe 55 Harrison St., Suite 400 Oakland, CA 94607 Tel: (510) 302-1027 www.worksafe.org Twitter: @WorksafeCA Facebook: https://www.facebook.com/ Worksafe.California
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INTERESTED IN WORKSAFE, AND WANT TO HELP?
Contact Sophie Noero, Associate Director of Development, at (510) 302-1027, or snoero@worksafe.org. Worksafe Inc. is a nonprofit 501(c)(3) organization (EIN # 94-2927954).
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TRIAL PRACTICE SECTION NEWSLETTER
Rescheduled for Do you know what to do when the media is in a frenzy about your case?
Wednesday, September 30, 2015 5:30 p.m. to 7:30 p.m. at the ACBA
Please join the ACBA Trial Practice Section and the ACCTLA for this rescheduled program covering the ins and outs of litigating a high profile case. Do you know what to do when the media is in a frenzy about your case? Learn from Gary Gwilliam, Rick Simons, and reporters from the Daily Journal and the SF Examiner on how to professionally and ethically handle the spotlight while protecting your client, advancing your case, and staying within the bounds of the ethics code. SPEAKERS:
Rick Simons, Furtado, Jaspovice & Simons Rick Simons has worked at Furtado, Jaspovice & Simons since law school, specializing in Plaintiff’s personal injury and wrongful death. In 2003, he began representing survivors of childhood sexual abuse in institutional settings, and served as Liaison Counsel for the plaintiffs in the coordinated cases known as “Clergy III,” primarily involving the victims of Catholic Church abusers. In 2012, he obtained the nation’s first child sex abuse jury verdict against Watchtower of New York (Jehovah’s Witnesses), an Alameda County jury verdict that still stands as the nation’s largest verdict on behalf of a child abuse victim against a religious institution. Gary Gwilliam, Gwilliam, Ivary, Chiosso, Cavalli & Brewer Gary Gwilliam is considered one of the best consumer trial attorneys in the state. His reputation and skill in representing seriously injured plaintiffs is well known. He has tried over 180 jury cases, of which more than 150 were personal injury cases. He has handled major cases in every area of consumer law, including serious automobile and construction accidents, products liability, medical malpractice, bad faith insurance, civil rights (including police misconduct), wrongful termination and employment discrimination and harassment, and has recently specialized more in employment law. Laura Hautala, Staff Writer, San Francisco Daily Journal Laura Hautala is a reporter at the San Francisco Daily Journal. She covers trends and breaking news in the federal courts of California, including white collar crimes and corporate misdeeds, antitrust law, consumer class actions, and bankruptcy in the private sector. Jonah Owen Lamb, Reporter, San Francisco Examiner Born and raised on a houseboat in Sausalito, Jonah Owen Lamb has written for newspapers in New York City, Utah and the San Joaquin Valley. He was most recently an editor at the San Luis Obispo Tribune for nearly three years. He has written for The San Francisco Examiner since 2013 and covers criminal justice and planning.
Superior Court of California, County of Alameda
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TRIAL PRACTICE SECTION NEWSLETTER JUDICIAL ASSIGNMENTS – CIVIL : New Assignments in bold (Effective February 1, 2015)
RENE C. DAVIDSON COURTHOUSE – 1225 Fallon Street, Oakland, CA 94612 Dept 1
Judge
Type of Calendar
Clerk
Phone Number
Smith, Winifred (PJ)
Civil Master Calendar
Coler, Lisa
(510) 891-6040
COUNTY ADMINISTRATION BUILDING – 1221 Oak Street, Oakland, CA 94612 Dept
Fax: (510) 891-6276
Fax: (510) 891-5304
Judge
Type of Calendar
Clerk
Phone Number
14
Grillo, Evelio
Sanchez, Scott
(510) 267-6930
15
Petrou, Ioana
Law & Motion, Writs, CEQA Civil Direct Calendar
Drummer-Williams
(510) 267-6931
16
Appel, Lawrence
Civil Direct Calendar
Tumonong, Ana Liza
(510) 267-6932
17
Hernandez, George C. Jr.
Civil Complex Litigation
Estrada, Yolanda
(510) 267-6933
18
Colwell, Kimberly
Civil Direct Calendar
McMullen, Sheila
(510) 267-6934
19
Bereola, Gail
Civil Direct Calendar
Lopez, Tim
(510) 267-6935
20
Freedman, Robert
Civil Direct Calendar
Mishra, Reshma
(510) 267-6936
21
Carvill, Wynne (SJ)
Complex Civil Litigation
McCoy, Kimberly
(510) 267-6937
22
McGuiness, Robert
Civil Direct Calendar
Martin, Monica
(510) 267-6938
23
Kaus, Stephen
Civil Direct Calendar
McNamee, Robert
(510) 267-6939
24
Roesch, Frank
Civil Direct Calendar
Kanae, Addie
(510) 267-6940
25
MacLaren, Ronni
Civil Direct Calendar
Monroe, Shanika
(510) 267-6941
U.S. POST OFFICE BUILDING – 201 Thirteenth Street, Oakland, CA 94612 Dept 30
Fax: (510) 268-4835
Judge
Type of Calendar
Clerk/ Reporter
Phone Number
Seligman, Brad
Asbestos, Master Calendar & Trials
Rushing, Lynette
(510) 268-5104
WILEY W. MANUEL COURTHOUSE – 661 Washington Street, Oakland CA 94607 Dept
Judge
Type of Calendar
Clerk
Phone Number
108
Herbert, Paul
Small Claims/ Settlement
Guerro, Melinda
(510) 627-4713
115
Northridge, Yolanda
Law & Motion/ Pretrial
Santos N, Slater, J
(510) 627-4722
HAYWARD HALL OF JUSTICE – 24405 Amador Street, Hayward, CA 94544
Fax: (510) 690-2824
Dept
Judge
Type of Calendar
Clerk
Phone Number
509
Pulido, Stephen
Civil Direct Calendar
Clarke, Kasha
(510) 690-2718
510
Gee, Delbert
Civil Direct Calendar
Labrecque, Danielle
(510) 690-2719
514
Krashna, David
Civil Direct Calendar
Brown, Valerie
(510) 690-2723
516
Harbin-Forte, Brenda
Civil Direct Calendar
Rose, Nancy
(510) 690-2725
522
Hayashi, Dennis
Civil Direct Calendar
Hyatt, Dianne
(510) 690-2731
GALE SCHENONE HALL OF JUSTICE – 5672 Stoneridge Drive, Pleasanton, CA 94538
Fax: (925) 227-6775
Dept
Judge
Type of Calendar
Clerk/ Reporter
Phone Number
705
Spain, Julia
South County UD and L&M/ Asbestos as determ. by Dept. 30/ Civil Overflow
Knittel, Cherly (Reporter: Steward, Michelle)
(925) 227-6705
Compliments of the ACBA Trial Practice Section