Contra Costa
Lawyer Volume 32, Number 3 | May 2019
East County & West County It’s Not the Frontier Anymore Ins and Outs of the Richmond Rent Ordinance Doing Business at the Richmond and Pittsburg Courthouses Interviews With Our Newest Judges
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Contra Costa 2019 BOARD of DIRECTORS James Wu President Oliver Greenwood President-Elect Nicole Mills Secretary Mika Domingo Treasurer Nick Casper Past President Gina Boer David Erb David Marchiano Ericka McKenna Cary McReynolds Craig Nevin
David Pearson Dorian Peters Michael Pierson Summer Selleck Qiana Washington Rachael Zeiph
CCCBA EXECUTIVE DIRECTOR Theresa Hurley | 925.370.2548 | thurley@cccba.org CCCBA main office 925.686.6900 | www.cccba.org
Barbara Arsedo Carole Lucido
LRIS & Moderate Means Director Communications Director
Jennifer Comages Anne K. Wolf
Membership Director Education & Events Director
Emily Day
Fee Arbitration Program Director & Systems Administrator
Contra Costa Lawyer CO-EDITORS EDITORIAL BOARD Inga Miller David Arietta 925.402.2192 925.472.8000
Samantha Sepehr Ann Battin
925.287.3540 510.234-2808
BOARD LIAISON Marcus Brown Nicole Mills 925.482.8950 925.351.3171 Jaime Kissinger BOARD LIAISON 925.930.6000 Dorian Peters Perry Novak COURT LIAISON 925.746.7278 Kate Bieker Lorraine Walsh 925.957.5600 925.932.7014
DESIGN Christina Weed Carole Lucido 925.953.2920
Lawyer Volume 32, Number 3 | May 2019
The official publication of the
B A R A S S O C I A T I O N
features
Doing Business at the Richmond Courthouse, by Lorraine Walsh . 7 The Ins and Outs of the City of Richmond’s Rent Ordinance, by Dennis Phillips. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 A Small Town Lawyer’s Perspective, by Marie Quashnock. . . . . . 16 Doing Business at the Pittsburg Courthouse, by Paul Rives . . . . . 19 The Single Door That Inspires Hope and Strength in West County, by Harpreet Sandhu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Forty Plus Years Practicing Law in East Contra Costa County, by Richard Hobin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Columns
Inside: West County + East County – Not the Frontier - Not Anymore, by Ann Harding Battin . . . . . . . . . . . . . . . . . . . . . . . . . . 5 President’s Message: Get to Know Our Newest Judges, by James Wu. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
DEPARTMENTS 21
MEMBER INFORMATION SERIES 2019
22-23 PHOTOS: Women’s Wine Tasting 26
COFFEE TALK: Remembering Steven Hallert
ADVERTISING R.W. Walker Co.
30
sUSTAINING FIRMS
213.896.9210
31
BOARD NOMINATIONS Are Open
PRINTING Modern Litho
32
Mock Trial Volunteers
925.370.2542
800.456.5867
The Contra Costa Lawyer (ISSN 1063-4444) is published 12 times a year – six times online-only – by the Contra Costa County Bar Association (CCCBA), 2300 Clayton Road, Suite 520, Concord, CA 94520. Annual subscription of $25 is included in the membership dues. Periodical postage paid at Concord, CA. POSTMASTER: send address change to the Contra Costa Lawyer, 2300 Clayton Road, Suite 520, Concord, CA 94520. The Lawyer welcomes and encourages articles and letters from readers. Please send them to contracostalawyer@ cccba.org. The CCCBA reserves the right to edit articles and letters sent in for publication. All editorial material, including editorial comment, appearing herein represents the views of the respective authors and does not necessarily carry the endorsement of the CCCBA or the Board of Directors. Likewise, the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement.
32 Save the DATE: Bar fund benefit 33 photos: Bridging the Gap 34
PHOTOS: Happy Hour in East County
34
INDEX OF ADVERTISERS
34 Classifieds 35-38 Calendar 39
COMEDY NIGHT
CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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INSIDE West County + East County
– Not the Frontier – Not Anymore by Ann Harding Battin, Guest Editor
While most of CCCBA’s membership practice in Central Contra Costa County, there are a number of us who both reside and prefer to practice in the outlying areas. Before there was substantial development in Central County, there was bustling, booming economic development in the other parts of Contra Costa which continue to thrive. This edition of the Contra Costa Lawyer is intended as an introduction to those parts of the county that are not on the “L” (Martinez south to Walnut Creek/Danville, west to Orinda). We have included some practical information for those who are unfamiliar with either the new Arnason Courthouse, named for Judge Richard Arnason, in Pittsburg, or the long established George C. Carroll Courthouse in Richmond. Thank you to Paul Rives (Pittsburg) and Lorraine Walsh (Richmond) for their descriptions and suggestions. East County is defined for this edition as those cities, towns and communities beginning with Pittsburg and Antioch and sprawling east and north to the Delta. While this area is now more heavily populated than West County, it certainly wasn’t that way until recently, when roads and improved transportation have made residential growth inevitable. Just like West County, East County was, and is, identified by its prox-
imity to the Bay. But, unlike the West County area, it remains defined by agricultural uses: first ranching and livestock, later field crops and orchards when water became more available to farmers. Courtesy of its proximity to the water, there continue to be some industrial uses, but people came first for the land. As the railroads were built in the 19th century, large scale ranching become profitable with the ability to get livestock to distant markets. Later, as the roads developed, the same applied to trucking with the ability to move crops. Brentwood remains famous for its sweet corn; Oakley for its wine grapes. It remains the rolling hills and open space that continue to define East County, where there is still land available for all kinds of development. While West County has more regional parks, East County has larger ones. According to the East Bay Regional Park District, over one-third of the land in the City of Antioch is dedicated open access Regional Park. That does not include the city parks and green spaces, just EBRPD land. And, if you have some time to explore, the historic Black Diamond Mines in the Antioch hills provide a fascinating retreat from the summer heat. The entertaining articles by Marie Quashnock and Richard Hobin highlight the pleasures and challenges of
practicing in East County and are much appreciated. West County wraps around the Bay’s shoreline from El Cerrito on the southwest to Crockett and Port Costa on the northeast. While originally ranch lands, with the advent of World Wars I and II, this area quickly developed into a major industrial and commercial powerhouse: shipyards, oil refineries, steel mills, automanufacturing, dynamite, chemical and food processing plants to name only a few. Richmond is still home to one of the larger railyards on the west coast and West County is served by the Southern Pacific, BNSF, Amtrak and BART. The Atlas and Giant Powder companies provided dynamite for WWII, the Hercules Powder Company manufactured explosives until the late 1960s. Richmond still hosts the massive Chevron Refinery and various chemical companies, and C&H Sugar still operates in Crockett on the site of its original 1906 factory. Of late, both the United Parcel Service and Amazon have huge package transfer stations in West County, employing three shifts of workers and making use of the rail access and the proximity to Interstate 80. Richmond’s current shipping port is the third largest in the state in annual tonnage with the Port of Richmond having 18 terminals and
Continued on page 6
CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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West County + East County Continued from page 5
five dry docks. The re-development of the marina areas of Richmond with the old Ford auto plant now the Craneway Pavilion, the Red Oak Victory ship now a museum, and the ‘Rosie the Riveter/WWII’ National Historic Park now has West County becoming a tourist destination. And, in the past several months, it’s become a commuter hub as well with the opening of the new ferry terminal to San Francisco. Of note, there are only five cities in West County. Many of the communities retain their independent identities and are not incorporated: Port Costa, Crockett, Tormey, Rodeo, El Sobrante, Parchester Village, and Kensington with other large areas having San Pablo and Richmond addresses but being outside of city limits. As a consequence of the large areas of unincorporated communi-
ties, West County has had more older and lower cost housing than either East or certainly Central County, but the affordability has changed recently with the post-Recession expanded economy. West County has a total of nine regional parks, shorelines and preserves with several more in development, and one of the nation’s largest and best rated ‘dog parks’ (Point Isabel). It also has a proud legacy of ethnic diversity and the opportunities that presents, plus a robust and complicated housing market. Thank you to Dennis Phillips for his article on navigating the City of Richmond rent control ordinance. Law practice in West County provides not only for representation of businesses large and small but also of people, many of whom are new to this country, to this state and to the Bay Area. Languages and cultural differences can be barriers but
with a network of people working together, nothing is insurmountable. Thank you to Harpreet Sandhu for her article on the Family Justice Center which provides services not only to those who can pay but also to those who can’t. We are blessed in Contra Costa County to have an abundance of everything for business and personal development. As lawyers, we spend vast amounts of time in pursuit of results for others. Frequently, however, we neglect ourselves and our own needs for fulfillment. One of the nicest things about practicing in both West County and East County is that those of us who do share an enjoyment of where we do it. These notes are offered not only as an introduction but also as an invitation. Ann Harding Battin was raised in Pinole, and is a graduate of Pinole Valley High School. She got her Bachelor’s degree at U.C. Berkeley, a Master of Fine Arts from New York University, worked for Time Inc. and Home Box Office/Cinemax, but left NYC to return home to California to get her J.D. from U.C. Hastings College of the Law in San Francisco. She and her family currently reside in El Sobrante. In addition to being a member of the Bar, she was also a licensed real estate broker from 1991 until 2018. Her practice at Tenax Law Group, P.C. in Point Richmond includes business and real estate transactions and civil litigation; estate formation and probate matters; representation of creditors for asset protection; and, as somewhat of a surprise, personal injury representation.
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Doing Business at the Richmond Courthouse By Lorraine Walsh
Background of the Courthouse The Richmond Superior Court location is named after Judge George D. Carroll who was the first African American judge appointed in Contra Costa County. Before his appointment to the bench he was the first African American Richmond city council member and first African American mayor of the City of Richmond.
How Do I Get to the Courthouse? The formal address of the Richmond courthouse is 100-37th Street. It is easily accessible off of Interstate 80. Direction “apps” provide a confusing list of ways to get to the court. As a frequent visitor to the Courthouse as a Pro Tem Judge and potential juror, I suggest the easiest routes are as follows: (a) If you are driving westbound on I-80 take Exit 16 which is the ramp to Barrett Avenue/Central Richmond. Take a right at the bottom of the exit and continue on Barrett. Turn right onto one way 42nd Street. Turn right onto Macdonald Avenue. Turn left onto 41st Street and cross Bissell Avenue into the parking area which is around the corner from the County Health building. (b) If you are driving eastbound on I-80 take Exit 16A Macdonald Avenue which loops under the freeway. Continue on west on Macdonald and turn left onto 41st Street and cross Bissell Avenue into the parking area which is around
the corner from the county health building.
years. They offer great sandwiches and other deli items.
Although the front door of the court is on 37th Street, that entrance is closed. The actual entrance to the Courthouse is around the corner with the parking lot entrance on Bissell Street. There is a large parking lot on the side of the Court and the court entrance is through a courtyard behind the building where everyone must go through security.
2) Sa Wad Dee Thai–12200 San Pablo Avenue. This is one of the best Thai restaurants in West County which offers a lunch menu.
Departments/Other Services There are five departments in the two-story Courthouse which hear Criminal, Traffic, Small Claims and Landlord/Tenant cases. The jury assembly room is on the first floor. There is a Family Law Facilitator Office located in Room 202. This location also has a law library on the second floor which is open to the public, bar and judiciary offering free internet access and use of legal resources. There is a copy machine which can be used for a nominal per-page charge.
Where Can I Go for Lunch? If you find your court appearance requires you to take a lunch break, here is a list of some close by lunch spots with great food: 1) Angelo’s Deli–12025 San Pablo Avenue. This deli is run by husband and wife Anna Lee and Jae Choy and has been operating for over 20
3) Red Onion–11900 San Pablo Avenue.This restaurant offers a good alternative to the chain “burger” places with good hamburgers, fries and shakes. 4) Denny’s–located at the corner of Potrero Avenue & San Pablo Avenue, El Cerrito; 5) Various ”fast food” outlets at the Target “MacDonald 80” Mall which is walking distance from the courthouse. There are many other restaurants in Richmond, at the Richmond Marina and in Point Richmond if you have more time, but these are closer to the courthouse. Lorraine Walsh is an attorney who has been in practice for 37 years and has served as a Pro Tem Judge in the Richmond Courthouse since 1997 hearing traffic, small claims and unlawful detainer cases. She is a State Bar Certified Specialist in Legal Malpractice law and is the leader of the newly formed CCCBA Senior Section. She is also a member of the Editorial Board of the Contra Costa Lawyer magazine.
CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
7
Get to Know Our
from the
President by James Wu, CCCBA President On January 2, 2019, former Governor Jerry Brown appointed John Devine to the California Superior Court, County of Contra Costa. Judge Devine, our newest judge, filled the vacancy created by the retirement of Judge Judith Craddick. Judge Devine is currently assigned to Department 9 at the Pittsburg Courthouse. Prior to his appointment to the bench, and since 2011, Judge Devine served as a supervising Deputy Attorney General at the Office of the Attorney General. Before that, Judge Devine was an associate at Watson and Lanctot LLP and served as a Deputy District Attorney at the Marin County District Attorney’s Office. I want to thank Judge Devine for his time in sharing more of his background to the Contra Costa County legal community. Wu: Thank you, Judge Devine, for letting all of us get to know more about you. First, tell us about why you became an attorney. Judge Devine: I gained some knowledge about the legal profession at a young age. My grandfather Preston Devine served as a trial court judge in San Francisco for fifteen years, after his appointment by Governor Earl Warren in 1947. He was later
8
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appointed to the California Court of Appeal by Governor Pat Brown. I saw firsthand his intellectual curiosity and personal integrity. I admired him very much. This certainly generated my initial interest in the legal profession, which then continued. Wu: I’m sure you must have learned a great deal from your grandfather’s experiences. After you decided to go to law school, what helpful advice did you receive from your law school professors? Judge Devine: At the University of Oregon Law School, I took courses from diverse faculty members. They were demanding, but reasonable. Dean Dave Frohnmayer had formerly served as Oregon’s Attorney General and successfully argued six cases in the United States Supreme Court. I listened to his precepts, for example, his encouragement to think issues through. I also watched his actions, which constantly emphasized the professionalism required for the practice of law. Margaret Paris, another professor and later Dean of the law school, highlighted that due to the profound impacts of the law on people, those within the legal profession must always act conscientiously, even when the matter might otherwise appear trivial.
Hon. John P. Devine Wu: After law school, and trying to make use of the insight you received from your grandfather and law school, what were some of challenges you faced as a young attorney? Judge Devine: I worked as an associate at Watson & Lanctot, a fiveattorney firm in San Francisco. Litigating cases with a small law firm brought several challenges. I relied on the courts many times to keep the playing field level for my clients. I also recognized the need to make reasonable and prompt judgments, attempting to ensure a sound process for my clients to remedy their disputes. Many clients did not have the resources for any protracted litigation. As an associate attorney at a small firm, I necessarily had a number of different duties. Wu: Eventually you left your practice at a law firm and joined the government. What’s most memorable about the time you spent with the California Attorney General’s Office? Judge Devine: My work at the California Attorney General’s
Continued on page 11
Newest Judges Wu: Did the cold winters bring you out to California?
Hon.Wendy McGuire Coats On December 7, 2019, former Governor Jerry Brown announced 13 new judges appointed to the Superior Court of California. The Contra Costa County Bar Association’s own President-Elect, Wendy McGuire Coats was tapped to fill the vacancy created by the retirement of Judge Barry Goode. Currently, Judge Coats serves from Department 17 in Pittsburg. While I am happy for Judge Coats, I also know she would have been an outstanding CCCBA President. And, in true CCCBA spirit, Judge Coats generously shared more about her personal background and professional insight. Wu: You grew up in Missouri but were born in New York, right? Judge Coats: Yes. My family moved to Columbia, Missouri when I was 10 because my father became the Head Track & Field Coach at the University of Missouri. But I was born on a dairy farm in Upstate New York about 30 minutes from the Vermont border. My grandfather still lives there on the farm and I try and take Hermione back there once a year.
Judge Coats: After graduating from Mizzou in 1996, I taught for four years (English, World Literature, Acting, Speech, Debate, and Movement) while Dan (my husband) finished up his degrees in engineering. While teaching, I was also coaching, play directing, studying with an acting coach in Kansas City, and bartending. We moved to California in 2000 so I could attend the American Academy of Dramatic Arts in Los Angeles. Wu: So, you didn’t meet Dan in law school? Judge Coats: No. But we both attended Pepperdine School of Law. I graduated in 2005. He graduated in 2008. We spent over a decade taking turns going back to school. When he finished, we had spent six of the 12 years of our marriage consecutively in law school. Fun fact: I was sworn in as a judge on our 22nd anniversary. Wu: It was an honor to be present for your swearing in! When did you move to Contra Costa County? Judge Coats: We moved in the fall of 2010. Our daughter had just turned one and we were looking for a place to put down roots and build a life together in California. So, I left “big law” in LA to dedicate my practice to doing appeals but there was a wrinkle. I had never said my name out loud in an appellate court. Dan and I opened McGuire Coats LLP at the height of the recession, a time when taking the safer path would have moved me farther away from my goals instead of toward them. That bet paid off. With a mix of civil,
criminal, amicus, and pro bono appellate cases, we built the firm and I amassed the appellate experience required for legal specialization. The last few years, I lead Fisher Phillips LLP’s California Appellate Practice from their San Francisco office, which provided me the rare opportunity to practice law with one of my closest friends, Todd Scherwin. My time at Fisher Phillips brought me some crazy fun appellate experiences and some lifelong friendships. Wu: Turning to your “CCCBA life”: How and why did you get involved with the CCCBA? Judge Coats: All of my legal mentors have been big proponents of active bar association and legal organization membership. I stress the word active because it is not about joining and paying dues but rather it is about showing up and building relationships. I think my first contact was an email to Audrey Gee when she was wrapping up her presidency of the Women’s Section. I got more involved with the Women’s Section, which is where I met Denae Budde, during her presidency of the Section. A few years later Denae was instrumental in encouraging me to apply for the CCCBA’s Board of Directors. Because of the CCCBA, Contra Costa is my legal home. Wu: What is one of your favorite things about the CCCBA? Judge Coats: For me, CCCBA membership and service is all about building community. The Board of
Continued on page 11
CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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Office, primarily in civil lawsuits, brought me face-to-face with people throughout Northern California from Monterey County to Del Norte County and from Tuolumne County to Shasta County. They ranged from a high-tech entrepreneur to a prison inmate. I learned that some people may believe that courts and attorneys invade their personal or professional spheres. Other people might think of the courts as a desirable place, either as the first or last option, to resolve their disputes. All these people hoped that the legal system would bring some light to their lives, apart from the darkness of a current situation. Mindful of this, I thought my efforts should be directed toward an objective and effective resolution of disputes. And on a final important note, I considered myself very fortunate to have worked with a great team of colleagues there.
Directors annual retreat is one of my favorite things and I’m grateful to have been a part of it for several years.
Wu: When you are not working, what do you enjoy doing? Judge Devine: Away from work, I enjoy backpacking in the Sierra and swimming in San Francisco Bay. Wu: Thank you, Judge Devine, for sharing your background and experiences. We are lucky to have you on our county bench!
James Wu is in his second year of a one-year term as the CCCBA President. For over 22 years, James has practiced employment law. He is a defense litigator for employers, and he also provides advice and counsel to reduce the risks of employment-related claims and lawsuits. See more at www.linkedin. com/in/jamesywu.
Wu: You certainly ran an excellent retreat last December! With about four months on the bench, what’s your favorite part of being a judge so far? Judge Coats: First the learning curve doesn’t curve. It goes straight up. And second, the job doesn’t come with training wheels. Big questions whose answers immediately impact the lives of those in front of me showed up on day one. I cannot describe how thankful I am for the collegial support that is a hallmark of the Contra Costa Superior Court bench. But my favorite part so far? The lawyers. It is an absolute pleasure watching lawyers valiantly commit to the task of zealous advocacy. And my next favorite? Jury selection. I am grateful on a daily basis for the men and women who answer the summons to serve as a juror. Our jurors are the unsung heroes of our justice system. Wu: What do you wish you’d known when you were younger?
Judge Coats: The advice I would give myself as a law student starting out or someone thinking they may want to be a judge is largely the same: (1) Who you are every day matters but you have to decide who you are; (2) Know who your friends are and keep them close; (3) Don’t let fear of failure derail you or even slow you down. If I could tuck a note to myself on the first day of law school, it would say this: “Every person you hold in high esteem has failed dramatically and profoundly. If you’re trying to do anything hard and challenging and worthwhile on a regular basis, you too are going to fail and falter and crash and burn. These grit-growing experiences are part of the process upon which maturity is built and wisdom is gathered. They’re coming whether you like it or not. Remember, a lawyer’s job requires “counseling” clients. Everyone is scared. Everyone is unsure. In addition to advice on the law, you will be called upon to bring comfort, guidance, and strength as you help navigate challenging legal landscapes. This line of work is not for the faint of heart. That’s ok. Yours is strong.” Wu: Thank you, Judge Coats! You are such an asset to the County.
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CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
11
FEATURE
The Ins and Outs of the
City of Richmond’s
Rent Ordinance “Ordinance for Fair Rents, Just Cause for Eviction and Homeowners Protection” by Dennis Phillips
Rent Control in Richmond
Life is full of surprises, and
What Units are Covered?
when it comes to dealing with the City of Richmond’s Rent Control Ordinance, most of them are distinctly unpleasant for landlords The City of Richmond’s (“Richmond”) Fair Rent, Just Cause for Eviction and Homeowners Protection Ordinance went into effect December 30, 2016. The ordinance made sweeping changes to a landlord’s obligations for properties located in Richmond, including controls over rent increases and “just cause” requirements for evictions. Unlike other cities, the ordinance also includes a retroactive base-rent level that required controlled units to revert rent amounts to those in effect on July 23, 2015, or the first rental amount in effect for a particular unit if the tenant took possession after July 23, 2015. This article will discuss what properties fall under rent control and some of the common pitfalls that landlords owning property in Richmond now face. In this commentator’s opinion, the title of the ordinance is a misnomer as there is very little protection for the homeowner. 12
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All residential rental units in Richmond are subject to rent control and eviction control unless they fall under one of the exemptions stated in the ordinance.
What Units are Exempt? The exemptions include hotels and units primarily rented for periods of fewer than 14 days; hospitals; certain dormitories; government subsidized or owned units; single family dwellings that are exempted by the State of California CostaHawkins Rental Housing Act;1 “accessory dwelling units“ (known as “ADUs" – think inlaw units – and those built for short-term tenants/ AIRBNB provided they are properly permitted). For a complete list, see Chapter 11.100.030 and 11.100.040 of the Richmond Municipal Code, which is available at the Richmond Rent Program’s website: http:// www.ci.richmond.ca.us/3364/Richmond-Rent-Program.
Evictions: Defining “Just Cause” Exempt Units In addition to being exempt from rent control, that is, locally controlled rent increases, some units are also exempt from the eviction control mechanisms in the ordinance. In simpler terms, these
units do not require a “just cause” reason for termination of a tenancy, and can be terminated pursuant to state law. These exemptions are listed in Chapter 11.100.040 of the ordinance and include (a) temporary rentals, (b) accessory dwelling units (or small second units) that are in compliance with permitting requirements, and (c) room rentals where the tenant shares a bathroom or kitchen with the homeowner, also known as lodging.
Staying Exempt Temporary rentals have a number of exacting written requirements to avoid falling under ”just cause,” i.e., that the landlord must provide the tenant in a temporary rental situation at the inception with written notice of the length of the tenancy; that the tenancy may be terminated at the end of the term; and that relocation assistance shall not be required. Temporary tenancies are also limited to 12 months or less and the homeowner must also be the “primary resident” of the property for the exception to apply. The “primary resident” requirement also applies to accessory dwelling units/small second units as well as to lodging/ room rentals. If all of these requirements are not met, then the unit is not exempt from the ”just cause” eviction restrictions and in some cases will also be liable for rent control.
Rude Surprises: Registration, Fees and Reporting Registration and Fees There are many housing providers that may fall into legal “traps” created by the requirements of the ordinance. In my experience, these housing providers tend to be small scale landlords who were renting units or houses, prior to the passage of the ordinance. Some may also be absent landlords who live in different cities or even states and are not even aware that the ordinance went into effect. Accordingly,
they may have failed to register their rental properties with the rent program, which is required under the ordinance and is a basis for a tenant to withhold rent.2 Also, landlords may be unaware that they now need to acquire both a business license and pay a registration fee, and a Residential Housing Inspection Fee to the Richmond’s rent program to be in compliance with the ordinance. Landlords may also have attempted to raise the rents, or actually raised the rents, only to find out after the fact that they violated the rent control provisions of the ordinance, and then have to return the overcharges to the tenant.
Reporting Landlords may also be unaware of reporting requirements. For example, all rent increases, or changes to the terms of the tenancy, including termination notices, must be filed with the rent program to be enforceable and can cause many problems for the unaware landlord. Richmond has its own forms, usage of which is mandatory in many circumstances. A termination notice that has not been filed with the rent board within two business days is a complete defense to an unlawful detainer action. Furthermore, the ordinance permits attorney fees to be recovered by a tenant who prevails in a civil action against the landlord for overcharges in excess of the maximum allowable rent. And where it is shown that the landlord acted willfully or with oppression, fraud or malice, the ordinance allows recovery of treble damages. Lastly, the landlord may also be subject to other fines,3 as violations of the ordinance are considered misdemeanors.
Non-Exempt Units: What is a “Just Cause” for Terminating Tenancies? The ordinance lists eight “just cause”
reasons for terminating a tenancy. The first four are situations where the tenant is at fault. The remaining four are for “no fault” terminations.4
Tenant-at-Fault Terminations: Failure to Pay Rent. The tenant fails to pay the rent. A three day notice to pay or quit may be issued. Note that the notice must be uploaded to the Richmond Rent Program with a proof of service within two business days otherwise the tenant can assert the failure as an affirmative defense to an unlawful detainer action. Breach of Lease. This cause can be asserted for a breach of the material terms of the rental agreement other than failure to pay rent, however a written notice to cease must first be presented to the tenant. The breach must also be substantial, and must be a material term of the lease, meaning not a trivial breach, but something that is truly a “deal breaker,” such as having pets where the lease specifically prohibits them, or assigning or subletting the property in excess of maximum occupancy limits under state law. Nuisance. This cause can be asserted for causing damage to the property or continuing to allow, or causing, a nuisance to persist at the property. Again, in most cases a notice to cease must be presented first, however where law enforcement has found probable cause of certain criminal activity affecting health and safety or that poses a threat of harm, no notice to cease may be required and a landlord can move forward with a notice pursuant to state law. See Chapter 10 section 1003 of the Rent Board’s adopted regulations. Failure to Give Access. “Just cause” exists where a tenant unreasonably prevents a landlord to access the property to show to prospective buyers or for making repairs. A notice to cease is also required prior to serving a notice to terminate.
Continued on page 14
CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
13
Rent Control Ordinance
return if the property is returned to the market within 10 years of such a termination of tenancy.
No Fault Terminations
Temporary Tenancy. A landlord who has leased their primary residence as a temporary tenancy of 12 months or less, that was disclosed in writing at the inception of the tenancy can recover possession without paying relocation fees.
Continued from page 13 Temporarily Vacate for Substantial Repairs. The landlord can request a tenant temporarily vacate the premises to undertake substantial repairs, such as repairing code violations that affect health and safety and where the repairs cannot be completed while the tenant resides on the premises. Note that the landlord will be responsible for paying for hotel fees, daily meal allowances and laundry pursuant to the Rent Program’s schedule. Also, the landlord cannot collect rent while the unit is being repaired. Owner Move-In. The landlord wants to move either themselves, or a spouse, child, parent or grandparent into the unit. This also requires a relocation payment to the tenant in an amount determined by the Rent Program’s fee schedule and is based on the number of bedrooms. In certain cases, a “qualified tenant” cannot be evicted under this “just cause” reason if they are elderly, disabled, or terminally ill and has resided in the unit for more than five years, unless the landlord or their relative also meets such criteria. The landlord or relative must reside in the unit for at least three years, otherwise the landlord must offer the rental unit back to the original tenant at the same rental rate paid at the time that the landlord or relative vacated the unit. Withdrawal from Rental Market. A landlord may remove a property from the rental market as a basis for a “just cause” termination of tenancy. These terminations also require a relocation payment pursuant to the Rent Program’s fee schedule which is updated each year. Qualified tenants (senior, disabled or tenants with minor children) are also entitled to a 120-day notice. Tenants will also be entitled to a right of 14
MAY 2019
It is important that all notices seeking to terminate tenancy must state the basis of the termination. Any failure to comply with the requirements of the ordinance can be used as an affirmative defense in an action to recover possession.
Common Pitfalls In summary, failure to comply with reporting and registration requirements is fatal in Richmond to recovering possession in almost all circumstances. Failure to provide notices to cease bothersome or illegal activities can force the landlord to have to completely start the process over from the beginning for evictions based on nuisance, breach of lease, and failure to provide access, even where there is a legitimate basis. Even for landlords familiar with rent control/eviction ordinances in other cities, it is critical to consult
with an attorney familiar with Richmond’s Rent Control ordinance before attempting to terminate a tenancy for any reason. California Civil 1954.52 et seq.
1
Code
section
See City of Richmond Municipal Code Chapter 11.100.060(s).
2
Richmond Municipal Code section 1.04.100, See also: . See 11.100.100(d).
3
Ctiy Of Richmond has only eight “just causes” – other cities have many more.
4
Dennis A. Phillips graduated from U.C. Berkeley in 1997 with a bachelor’s degree in United States History. After working for a few years in the technology sector for a small software company, he attended the University of Pacific, McGeorge School of Law, graduating in 2000 with a concentration in Intellectual Property. Phillips has been practicing law since 2001 and is admitted to practice in state court as well as Federal Court for the Northern District of California. Phillips has developed his experience in Landlord/Tenant disputes (including Rent Controlled/Just Cause cities such as San Francisco, Berkeley, Oakland and most recently Richmond), Restraining Orders and General Civil Litigation.
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CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
15
FEATURE
A Small-Town Lawyer’s Perspective: The advantages of being a “big fish” in the (not so) small pond of Brentwood By Marie Quashnock I first started my practice in Brentwood in 2013, after over 20 years working in large firms in Los Angeles and San Francisco. I had moved to Brentwood in 2012 when I met Amy Alvis, a family law attorney already working in Brentwood. My decision to “come home” was made easier when together Amy and I created Alvis Quashnock and Associates, a “small town firm” offering family law, business, real estate, estate planning and civil litigation services to the community of Brentwood and surrounding areas. At that time there were probably a dozen attorneys practicing law in Brentwood and the nearby towns of Oakley and Discovery Bay. We were the largest (and perhaps only) law firm in Brentwood, with a grand total of four attorneys. 16
MAY 2019
Things have changed a lot since then. New housing developments in Brentwood have been encroaching on the beautiful rolling hills, corn fields and fruit orchards which typically come to mind when you think of Brentwood. New small businesses and restaurants catering to the new inhabitants have dovetailed on this residential expansion. There are now more attorneys and law firms in Brentwood too. But Brentwood has not lost its smalltown charm and agricultural roots (no pun intended), which makes it a unique and advantageous place to practice law. There are a lot of practical benefits to living and working as a lawyer in Brentwood: lower cost of living, minimal commute to work (thank goodness for Court Call) and a slower pace of living. The offices of Alvis Quashnock and Associates are located in a modest two-story building in downtown Brentwood which has about eight square blocks and two stop lights. Because a lot of my clients are local farmers and business owners, or residents who commute elsewhere for work, my hours tend to be different than the typical urban attorney. I am always at work by 7 am and I leave at 5:00 pm nearly every day, unless there is a deadline or some other urgent project. It is not unusual for me to work on Saturdays as well, when things are quiet -- except for the bustling Brentwood farmer’s market right outside my office. I enjoy
catching up on work and meeting clients who can’t make it in during the week due to long commutes. In return, I get the satisfaction of knowing my clients appreciate the flexibility and not having to travel “over the hill” (i.e. Walnut Creek, Pleasant Hill) to see an attorney. We often get thank you cards, chocolates and wine from our clients, as well as delicious crates of cherries and bags of sweet corn from our “ag” clients. Another allure of being an attorney in a small town like Brentwood is that you know everyone (or nearly everyone) and there is a sense of belonging to the community that can be quite satisfying. Sometimes I’m the “family lawyer” for different generations of farmers and business owners. I love driving past my clients’ businesses and homes in Brentwood, confident in the knowledge that I am able to give folks the legal voice that many don’t have. There is a strong sense of cohesiveness with your neighbors when you are on a first-name basis with the local bagel shop, hair salon, auto repair shop, mortgage broker, real estate firm or the person standing in front of you at the bank or Safeway. It really is a privilege to help people here in Brentwood to solve problems, settle their disputes and go on with their lives. Obviously practicing law in a small town like Brentwood is not perfect and there are practical downsides. I
don’t make anything close to what partners earn in big San Francisco firms, but so what? The bread and butter of my real estate and civil litigation practice tends to be a steady stream of small business owners, farmers or other ag clients, and individual residents. My partner’s estate planning practice is thriving with clients from the local 55+ retirement communities in Brentwood. Our firm is doing very well juggling a large number of clients with small matters rather than concentrate on large blocks of litigation or transactional work. That being said, you should not discount the large businesses in Brentwood, most importantly in the agricultural industry. The recent housing development boom in Brentwood has not erased the rich farming heritage of this community. The City of Brentwood is active in negotiating conservation easements with local farms to preserve hundreds of acres of farmland in perpetuity. As a result, I expect that many of my Brentwood clients will continue to be farmers and agricultural related businesses for many years to come. The most significant downside people typically associate with being a Brentwood practitioner is the sense of distance and isolation from the rest of the Bay Area. While I don’t necessarily see that as a problem, there are times when the drive out to Martinez, Walnut Creek, Oakland or San Francisco can be a drag. One way I have tried to overcome this sense of detachment is to get involved with the CCCBA and make connections with other attorneys, community leaders, businesses, etc. The recent widening of the Highway 4 corridor and the new BART extension to Antioch have made travel much easier on those days when I have to make an in-person appearance for a court date or mediation. Improvements in technology have made practicing law easier in Brentwood
as well, with many courts allowing /requiring fax, or e-filing and telephonic appearances by counsel. Lastly, there is the perception, among some members of the bar and the bench, that small town attorneys are mediocre and sloppy. To some extent, this is a reputation that some “bad apples” in the local bar have earned. But it is frustrating when attorneys from the “big city” like Sacramento or San Francisco think that they are superior to me simply because I chose to practice in a small town like Brentwood. The only thing I can do is prove them wrong in my legal writing and in the court room. During my career, I had the opportunity to work in large urban firms and travel to cosmopolitan centers like New York, Los Angeles, Chicago and Miami, for large institutional or multinational companies in connection with multi-million dollar cases. However, I don’t regret my decision to become a small town practitioner in my home town of Brentwood. My commute is exactly five minutes, down O’Hara to Brentwood Boulevard and left at Chestnut. Sometimes for fun, I change it up and go a different way . . . the commute is still five minutes. A recent thank you card which we posted on our firm’s Facebook page sums up what it means for me to be an attorney in a small town like this. “Brentwood is a magical city. I’m so lucky to have worked with you because of my dear dad and mom. They were very happy all the years they had to enjoy and your help made it better for them.” Knowing that I have had a real impact on the lives of others makes it all worthwhile.
After over 30 years in private practice, Marie Quashnock has developed extensive experience representing individuals, startups, businesses, and public entities across a multitude of industries. In her transactional experience, Marie has advised real estate clients on a wide range of transactions, including sales contracts, lease arrangements, and debt and equity financing. Marie has also developed a specialty in intellectual property law, having prosecuted hundreds of trademark registrations with the U.S. Patent and Trademark Office on behalf of her clients. Marie also possesses a broad civil litigation experience in a variety of areas, focusing primarily on real estate and business litigation. Marie was named a Super Lawyer by Northern California Super Lawyer Magazine for two consecutive years, 2009 and 2010. In 2017, she was the president of the Real Estate Section for the Contra Costa County Bar Association. Marie has been a partner at Alvis Quashnock and Associates in Brentwood since March 2013.
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CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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FEATURE
Doing Business at the Pittsburg Courthouse By Paul Rives The Arnason Justice Center is easy to get to, easy to park and easy to use. Coming from Central County, get off on Railroad Avenue, and turn left. The Court is the first left after you cross over the freeway. The access to and amount of parking is above average. Early birds get the court parking and later arrivals will find plenty of street parking or at the adjacent City of Pittsburg Civic Center. Court is from 8:00 am to 5:00 pm, but clerk windows close at 3:00 pm (4:00 pm for traffic division). All visitors must pass through security. If you don’t have a Restricted Access Court Security Card, skip the line with your bar card and drivers’ license. Contra Costa’s newest courthouse serves a fast growing East County with a total of seven judicial departments. The clerk windows and jury assembly room are on the middle floor where you enter. One large courtroom on the bottom floor provides security for in-custody arraignments. Upstairs are four departments which hear mostly criminal cases, restraining orders, and small claims disputes. The upstairs cafeteria area is pleasant and has adequate seating with tables and vending machines. Ron Rives (my father), was the bar association liaison to the court design committee, tasked with making the courthouse lawyer friendly. They succeeded. There are plenty of private meeting rooms (two per court room), Wi-Fi, and courtrooms equipped with audio/ video inputs and projection screens for trial presentation. The courthouse also has a resource center
with computers and access to legal research. The courthouse architecture is deliberately modern in design and features a beautiful stone and glass exterior. The City of Pittsburg plans offices and restaurants next door. There is even a new BART station across the street to provide easy access. For tired and hungry lawyers, there are also many fine restaurants minutes away. If you turn left from the courthouse and drive into Pittsburg’s Old Town – bordered by the Pittsburg Marina – downtown Pittsburg is an undiscovered jewel with free parking. Do you like Mexican food? Try the New Mecca Cafe – a Pittsburg staple since the 1960’s. Fine Italian? La Veranda offers atmosphere, white tablecloths and great food. There is CreAsian Bistro for Asian food (try the Shaking Beef Cubes with garlic noodles!). E.J. Phair has great flat bread pizza and beers on tap. In a hurry? Grab a tasty burger at Lumpy’s Diner or a deli sandwich at Nick’s. If you turn right from the courthouse, heading south over the freeway, then, our favorite Mexican Restaurant is La Piñata located on Bliss Avenue which is the first left turn once you cross back over the freeway. If you continue on Railroad Avenue, you will hit the fast food restaurants. Panda Express and Togo’s get me every time. Drive a little further on Railroad and you
Continued on page 20 CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
19
Doing Business at the Pittsburg Courthouse Continued from page 19
will find Wah Sing – a more formal, ‘sit down’ Chinese restaurant with an excellent lunch menu. If all this sounds like a sales pitch for Pittsburg, this is what you get from a Pittsburg lawyer who just so happens to be a former Pittsburg Chamber president and whose father was also a former mayor and Chamber president… three times.
The Arnason Justice Center is a great place to work located in a town that is a pleasant surprise. Paul Rives is a graduate of the University of Pacific, McGeorge School of Law with a certificate in Trial Advocacy. After being admitted to the State Bar in 2010, Paul joined his father, Ronald Rives, at his long-established law practice located at 2211 Railroad Avenue in Pittsburg. Paul remains active in his local community having served as the President of the Pittsburg Chamber of Commerce. Paul primarily practices in the areas of personal injury and criminal defense.
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MAY 2019
1. Maximizing Your Social Security Benefits Wednesday, June 26 | Noon - 1:30 pm | CCCBA Bldg. Conference Rm., 2300 Clayton Rd., First Floor, Concord | Lunch included
2019 Member
Information Series
No MCLE credits here, just some great information for you, our members. Fee for each presentation: $15 for CCCBA members $20 for non-members Register online at www.cccba.org/attorney/calendar or contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org.
2. Student Loan Debt Repayment Strategies Thursday, July 11 | 6:00 pm - 7:30 pm | CCCBA Bldg. Conference Rm., 2300 Clayton Rd., First Floor, Concord | Dinner included Student Debt Now: What do I do? Student Debt Soon: How to make it a good idea! Consolidation? Forgiveness? Refinance? Come learn strategies around: • What repayment program is right for me? • Purchase a home or attack the debt? • The impact of skipping retirement contributions • What are the most efficient ways to save money for the future? Presented by: Jimmy Diehl, MBA,CFBS®, RICP®, AIF® The Furstner Group T 925.979.2308 www.furstnergroup.com
4. The A, B, C’s and D of Turning 65 Wednesday, July 31 | Noon - 1:30 pm | CCCBA Bldg. Conference Rm., 2300 Clayton Rd., First Floor, Concord | Lunch included Get familiar with the alphabet soup of turning 65 and how to plan for the transition to Medicare and a Medicare supplement. Key points include Medicare Part A and B, eligibility for a Medicare supplement, types of supplements, prescription drug plans, timelines, open-enrollment, travel limitations, options for spouses under age 65 and tips related to transitioning. Examples will show options for remaining on a company-provided insurance plan or moving to Medicare and a supplement.Presented by: Presented by: Colleen Callahan CLU, CASL, LUTCF Colleen Callahan Insurance Services 101 Gregory Lane, Suite 32 Pleasant Hill, CA 94523 T 925.363.5433 www.callahaninsurance.com
Most of us are paying into Social Security but know little about how to utilize our benefits, which can be worth over $1 million for a couple retiring today. The most commonly used strategy of starting benefits at age 62 may not be optimal. Yet, misperceptions about the program often lead people to make that choice. Learn to avoid mistakes, to maximize your benefits and optimize your timing. Find out about the three streams of Social Security benefits. Presented by: Michelle Soto, CFP®, CDFA™ T 415.781.8535 www.BOSINVEST.com
3. Navigating Life Transitions with a Care Manager Tuesday, July 16 | Noon - 1:30 pm | CCCBA Bldg. Conference Rm., 2300 Clayton Rd., First Floor, Concord | Lunch included Are you currently overwhelmed with or just looking ahead to life transitions? Working with a Care Manager might be right for you and your family. With a Care Manager, you remain the captain of the ship…and every good captain needs a skilled navigator or coach. Aging Life Care Managers act as family coaches and navigators to help older adults and their families get the best care. In this program you will come to understand how Care Managers can allow you to have the life you’ve envisioned as things change on your aging journey and how you can help your family members do the same. Presented by: Linda Fodrini-Johnson, MA, MFT, CMC Eldercare Services 1808 Tice Valley Blvd., Walnut Creek, CA 94595 T 866.760.1808
5. Applied Mindfulness and Meditation for Legal Professionals Tuesday, August 13 |12:30 pm -2:00 pm | CCCBA Bldg. Conference Rm., 2300 Clayton Rd., First Floor, Concord | Lunch included Is your mind constantly going at 150 mph? Do you find yourself wasting precious time on thinking about the past or worrying about the future? Do you struggle to keep your attention on a task? Are you always multitasking, unable to focus? Is stress or anxiety keeping you from doing your best work? Mindfulness and meditation practice is the key to increasing focus and productivity! In this interactive workshop, you’ll learn: • Tools for stress and anxiety management • Understanding the stress response • Methods to decrease distraction and increase productivity • Mindfulness practices you can use everyday • Increasing awareness and noticing when you’re distracted Presented by: Jeena Cho, Lawyer, Author, Mindfulness Instructor
Event Sponsors Gold Sponsors Brown Gee & Wenger, LLP Silver Sponsors Derby, McGuinness & Goldsmith Livingston Law Firm Bronze Sponsors Law Office of Ariel Brownell Budde Law Group Law Office of Cain, Cain & Housman M.S. Domingo Law JAMS Key Counsel, P.C. S.C. Selleck Law The Talbot Law Group Tate & Associates
Friends of the Women’s Section Law Offices of Victoria Robinson Smith Leoni Law Firm
Wine Sponsors Bray Vineyards JAMS Pictured on this page: Mona Nia, Gina Boer and Dorian Peters Patanisha Davis-Jenkins, Nicole Mills and Beth Mora Michael Pierson, Robin Birnbaum, Lisa Mendes, Courtney O’Brien 2018 scholarship recipient Saskia Ledezma and CCCBA President James Wu 22
MAY 2019
Women’s Section Wine Tasting
& Silent Auction Lisa Mendes, Charles Lambin, Jessica Rodriquez and Christina Weed Amy Harris and Robin Pearson
Amy Harris takes a turn at the Wine Toss game as Janet Alberto looks on.
On April 17, the CCCBA Women’s Section hosted its annual fundraiser that benefits the Honorable Patricia Herron and the Honorable Ellen James Scholarship at Round Hill Country Club in Alamo. The scholarship is awarded to deserving law students who have shown leadership potential, achieved academic success and helped to advance women’s issues.
The Women’s Section Welcome Table Seated: Mujdah Rahim, Patanisha Davis-Jenkins, Sasha Gray, Standing: Brittany Hendix-Smith and Rachel Leonard
CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
23
FEATURE
The Single Door That Inspires Hope and Strength in West County By Harpreet Sandhu
The West Contra Costa County Family Justice Center (or “Center�) is a one-stop, multi-service center for people affected by domestic violence, sexual assault, child abuse, elder abuse, and human trafficking. The Center has numerous partners located under one roof, collaborating their efforts to offer streamlined services to people in crisis. This unique business model (concept) allows victims to find hope, safety and healing just by walking through a single door.
services provided range from pro bono consultations to full representation of victims suffering from interpersonal violence. In addition, the Center offers victims of interpersonal violence pro bono consul-
Currently, there are two Family Justice Centers in Contra Costa County – one in Richmond, which primarily serves clients in West County and one in Concord that serves clients located in Central County. The West Contra Costa Family Center serves as a beacon of hope to a community that is largely underserved. The Center has served thousands of people in the community since its inception and that number grows exponentially every year as word of mouth inspires other victims to come through that single door. According to the statistics retained by the Family Justice Centers, the Centers overall have seen an annual increase of approximately thirty percent of clients seeking legal services over the past few years.
The services provided range from pro bono consultations to full representation of victims suffering from interpersonal violence. In addition, the Center offers victims of interpersonal violence pro bono consultations in the area of immigration law and can even connect them with needed consumer protections organizations.
I am only one of the partners the victims have access to once they walk through that single door. I have been in an active partnership with the West Contra Costa Family Justice Center since 2016. To date, I have provided various family law focused legal services to the community residing in West Contra Costa County. The 24
MAY 2019
tations in the area of immigration law and can even connect them with needed consumer protections organizations.
I have had the opportunity to use my legal background to help members
of many communities that desperately need access to legal services. I have the honor of assisting people suffering in silence by giving them a voice. I recall a specific victim who endured domestic violence for several years. She was not only physically and emotionally abused, but she had no access to personal funds or assets because the perpetrator used the couple’s finances as means to not just control her, but to keep her trapped in an extremely toxic relationship. Through the diligent efforts of the partners on site, including but not limited to, the Richmond Police Department, Community Violence Solutions, and STAND -- she was finally able to tell her story and begin the hard work of ending the cycle of abuse. I assisted her by completing a request for a domestic violence restraining order on her behalf. We captured her pain by providing extensive details surrounding the incidents of abuse. As she told her story, I
could visibly see her taking back some of her power. At the end of our appointment, she seemed relieved and fully aware of the fact that she was a victim caught in a cycle of violence. Eventually, the client was able to secure a domestic violence restraining order for five years. Through the wrap-around services provided by the partnering agencies, she was also able to find temporary housing at a shelter and a support network that provided her necessities to regain her independence. She walked in that single door a victim but walked out a survivor. The West Contra Costa Family Justice Center has continued to increase the services it offers to its clients beyond crisis intervention. It does so by providing victims access to housing, job training, educational and other services that help them not only to get back up on their
feet but to thrive. Susun Kim, the mastermind behind this amazing organization will be opening a Family Justice Center in Antioch this year in an effort to offer these invaluable services to members of the community in East County. That single door is now open to serve the Contra Costa County community as a whole. Harpreet K. Sandhu is a solo practitioner. Her law practice is primarily focused on providing legal services in the areas of Family Law and Criminal Defense. In addition, she dedicates pro-bono hours to the Contra Costa County Family Justice Center to help victims of domestic violence, sexual abuse and human trafficking. On a personal note, she immensely enjoys traveling and schedules a trip abroad at least once a year.
CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
25
Coffee Talk
Coffee Talk is a regular feature of the Contra Costa Lawyer magazine. We ask a short question related to an upcoming theme and responses are then published in the Contra Costa Lawyer magazine. Steven Hallert, former president of the CCCBA in 1984, passed away February 12, 2019. He produced the CCCBA’s first newsletter between 1982 and 1985, including the year he served as president. He practiced law for many years with his brother Marc who was also a president of the CCCBA. This month we ask, “What
is your best memory of Steven Hallert?”
Sometimes we forget that lawyers, especially great lawyers like Steve Hallert, have interests beyond the law and their profession. One of Steve’s “other activities,” was his involvement with the former Contra Costa Jewish Community Center, which he served for many years as a member of its Board of Directors, in many officer positions, and eventually as President of the Center in 1989-1991. I had great pleasure of working closely with Steve on the JCC Board, and in succeeding him as the JCC’s next President. Steve’s commitment to the JCC knew no limits, and as you would likely suspect, he served the JCC with great accomplishment as both an outstanding leader and effective consensus builder. During his term as President, he steered the non-profit through some challenging financial issues while always keeping firmly focused on achieving the mission of the Center, which was to serve its members and the community at large. As both a fellow attorney and JCC officer/Board member, it was an honor to know and work with Steve, and I shall miss him greatly. –Phil Ross, Littler Mendelson
26
MAY 2019
Steve represented me during my divorce. I was on the “divorce diet,” and Steve was the only person who has ever said to me, “Bonnie, you’re too thin!” LOL
FEATURE
40+ Years
Practicing Law
in East Contra Costa County ...and Counting
1
by Richard Hobin
With the advent of on-line communications and legal research, computers have destroyed the geographical barriers of practicing law in East Contra Costa County (“East County”). Since 1977, East County has morphed from small towns into cities extending from Bay Point to Discovery Bay. Now from my Antioch office, I handle cases throughout the Bay Area and California and have recently worked with international clients from England, Iraq, Iran, Israel, Palestine, Turkey, Russia, Croatia, China, and New Zealand. From 1996 to 2006, the firm consisted of three partners, two contract attorneys, appellate attorney and a staff of approximately ten paralegals/secretaries. From 2007 to current, I have worked in the areas of real estate, business, probate/trust, personal injury and general civil litigation.
Background: Our office, Hobin
& Hobin LLP, is ten blocks from the San Joaquin-Sacramento River Delta. My home is four doors from my office. East County was a good fit
for my law practice. I grew up in the Central Valley, attended college and participated in the Navy NROTC Program, served in Vietnam, graduated from UC Hastings in 1977 and opened my law practice the same year. My son, Taylor, graduated from UC Hastings and completed his LLM in the Taxation Program at Golden Gate University. He works in both Central and East Contra Costa County with the Sehr Law Firm specializing in tax law, estate planning and business law.
Starting the Law Practice: In 1977, I worked in Danville waiting the bar results. The prior summer I had worked in the San Joaquin County District Attorney’s Office. I had signed up with the Contra Costa County Criminal Conflicts Panel and was assigned my first criminal case a short time after the State Bar swearing-in ceremony in November. The case was an assault/ battery and my first court appearance was in Brentwood. The court was in a storefront with Municipal Court Judge Manuel Rose presiding. The case was resolved. I stayed in contact with my first client for years and represented him in a variety of other criminal matters. I have always liked handling a case from the beginning to the end and being
hands-on working with people in crisis. Unfortunately, my first client continued to make bad choices and was convicted twice for drugrelated killings. In those years, attorneys practicing criminal law in East County came from all over. There was lots of fastpaced work and the lawyers on both sides of the table were passionate/ hard working. I worked several dozen cases with public defenders as co-counsel. It was my “residency” for the practice of law. I spent time in court watching some great local trial lawyers. I recall being particularly impressed with Richard Sanders and Bill Glass for their distinctive styles. Attorney Sanders took over the court room. In contrast, attorney Glass worked seamlessly between the court, the prosecuting attorney and the jury. Both attorneys were unflappable when the chips were down. Other distinctive memories while working criminal cases were my appearances in Judge Richard Arnason’s court. Judge Arnason’s door was always open to give guidance and to informally assist in resolving cases. When working a tough case, I would drive to Martinez and arrive
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CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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40+ Years
Continued from page 27
around 7 am. The door to Arnason’s department was unlocked, there were no bailiffs, no metal detectors, and no clerks. I would knock on the door; Judge Arnason would interrupt his work; listen to hypothetical fact patterns; and he took the time to discuss options to resolve them. In one case, I represented a young woman from Oakland charged with shooting and killing her ex-boyfriend. The woman had come to Pittsburg to hide from the ex-boyfriend’s physical abuse. The shooting took place when the ex-boyfriend tried to break into her residence. There was forensic evidence offered to dispute her claim of self defense. I met my client in the Contra Costa jail. She had a limited formal education but she was intelligent, well read and, I felt, had unlimited potential. She did not have bail money and remained
in the Contra Costa jail for approximately one year. After a work up of the case, Judge Arnason sentenced her to time served and probation. The sentence was handed down at the time judges were first being challenged for failure to jail criminals. Judge Arnason courageously disbursed justice.
East County Attorneys and Judges:
In 1963, Jerome Waldie, who served in the U.S. House of Representatives from 1966-1975, recruited Judge Arnason to co-found the oldest law firm in East County. The firm of Hamm, Arnason and Waldie was located in Antioch. By 1966 Judge Arnason went on the bench and attorney Waldie was elected to Congress.2 The firm became Rockwell, Rogers, and McGrath and both attorneys Walt Rogers and Robert McGrath became judges. In my years in East County, I have had the privilege of practicing before other local judges, including Martin E. Rothenberg, Manuel Rose, Gerald
Pluses and Minuses of a Small Law Practice in Any Location: Before the
advent of readily available on-line communications, legal research, and simplified word processing, small firms were at a disadvantage when dealing with larger civil and insurance defense firms. However, the freedom of owning and working in a small firm overrides the long hours of managing an
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MAY 2019
Another marquis East County civil law firm was Sanders, Dodson & Hinton. Attorney Peter Hinton was the president of the California Trial Lawyers Association in 1986. Attorney Hinton moved his practice from Pittsburg to Antioch. My office was across the hall from his. I was able to participate in cases with his office and attend several of his trials. He was an exceptional trial attorney and a mentor to young attorneys.
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Certified Shorthand Reporters
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Bellechi, John Allen and Susanne Fenstermacher.
office, marketing the business, interviewing/selecting clients, litigating cases and researching the law. I now carry my entire law library and access case files on my Apple iPad. I update my legal research with review of the LA Daily Journal and memberships in the California State Bar real estate, trusts/estates, and litigation sections and the Contra Costa County Bar Association. There is a bit of isolation from the Central County legal community because of the demands of the practice. I am grateful that the CCCBA provides good updates on the county activities.
Attorneys need to research and know the law and then apply the law to the facts at hand. The egos need to be and should be left at the door. Attorneys need to mutually agree that their clients’ best interest is to resolve the dispute as quickly/ economically as possible. Most paying clients, including corpora-
Not sure what is on the horizon but all I know is I’m up for all of it.
1
Memorial for Richard Rockwell published in East Bay Times on November 14, 2018.
2
Candice E. Stoddard
View from 40 Plus Years of Legal Practice: I do get frustrated with
the quarrelsome aspect of the law practice. In 1969, I studied and lived with attorneys in London and Paris. The English system of Barristers and Solicitors now makes sense. While I was impressed by the Barrister’s wigs and their distinctive garb, the Solicitors informally solved problems. It now seems to me that
tions, can not endlessly afford the uncertainties of litigation. For the client, going to trial is like getting a call from a doctor advising them of a serious illness and having to suffer the physical/emotional pain of an operation. Cases need to be mediated at the first opportunity.
attorneys need to put a stop to the unpleasantries and resolve cases by mediation before filing suit.
Personal Injury Real Estate Litigation Trust and Estate Disputes Mediation
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Law Offices of Candice E. Stoddard 1350 Treat Blvd., Suite 420 Walnut Creek, CA 94597
925.942.5100 • fax 925.933.3801 cstoddard@stoddardlaw.com Practicing law in the East Bay for over 30 years
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CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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gratefully acknowledges its
2018-19 SUSTAINING LAW FIRMS Firms with 20+ attorneys: Bowles & Verna, LLP Littler Mendelson, PC McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP Miller Starr Regalia
Firms with 15-19 attorneys: Brothers Smith, LLP Clapp Moroney Vucinich Beeman Scheley Gagen, McCoy, McMahon, Koss, Markowitz & Fanucci
Firms with 5-14 attorneys: Barr & Young Attorneys
Bramson, Plutzik, Mahler & Birkhaeuser, LLP Brown, Gee & Wenger, LLP
Casper, Meadows, Schwartz & Cook Craddick, Candland & Conti
Doyle Quane Freeman Family Law Group Edrington, Schirmer & Murphy Ferber Law, APC
Galloway, Lucchese, Everson & Picchi
Gillin, Jacobson, Ellis, Larsen & Lucey
Greenan, Peffer, Sallander & Lally, LLP Hartog Baer & Hand, APC
Kilpatrick Townsend & Stockton Livingston Law Firm, PC Morrill Law Firm
Whiting, Fallon, Ross & Abel, LLP 30
MAY 2019
Contra Costa County Bar Association Membership & Reference Directory Publication Date September 2019
Professional Listings and Display Ads Available Now Reservation Deadline: June 5 Artwork Deadline: July 1 For details visit www.cccba.org/attorney/ cclawyer/index.php or call Carole Lucido CCCBA Communications Director (925) 370-2542
Board Nominations
Are OPEN
Thank you to the dedicated members of the 2019 CCCBA Board of Directors: Standing from left to right: Cary McReynolds, James Wu (President), Nicole Mills (Secretary), Qiana Washington, Summer Selleck, Dorian Peters, Michael Pierson, Craig Nevin. Seated: David Marchiano, Nick Casper (Past President) David Erb, David Pearson, Mika Domingo, Rachael Zeiph Not pictured: Gina Boer, Oliver Greenwood (President Elect), Ericka McKenna
As a CCCBA member in good standing, you are eligible to join the Board of Directors. The Board seeks candidates who agree to meet the following expectations: • To possess or acquire a basic understanding of the Contra Costa County Bar Association (CCCBA) and its activities. • To commit to the mission and values of the Association. • To represent the CCCBA in a manner consistent with Board decisions. • To prepare for and regularly attend monthly Board meetings. • To attend additional meetings and bar-sponsored events as needed • To participate on at least one committee or task force. • To participate in the annual Board Orientation and Training program. Directors are selected for their experience and personal attributes. Active participation on a CCCBA committee or section leadership is a plus.
Nomination Process: To be eligible, nominees must be active attorney members of the Association. Any attorney member of the Association may self-nominate by June 1, 2019, for consideration by the Directors’ Nominating Committee. If you are interested in serving on the 2019 Board of Directors please submit your written nomination (including statement of interest, resume and 3-4 written references) to: Theresa Hurley, Executive Director, CCCBA, 2300 Clayton Rd., Ste. 520, Concord, CA 94520 | thurley@cccba.org | fax (925) 686-9867
Deadline for submitting nominations is June 1, 2019. Please contact Theresa Hurley at (925) 370-2548 with any questions. CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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Mark Your Calendar
Bar Fund
Benefit Thursday, September 26, 2019 5:00 pm - 7:30 pm
Sponsorship Opportunities are available now! Please contact Theresa Hurley at 925.370.2548 or thurley@cccba.org
Center for Youth Development through Law This year, the Bar Fund Benefit will raise funds for the Center for Youth Development through Law. Celebrating its 20th anniversary this year, the nonprofit provides transformative educational programs to youth from under-resourced East Bay communities, in cooperation with UC Berkeley School of Law. CCCBA board member Dorian Peters is an alumnus of the program, a member of its leadership council and frequent presenter. Dorian is pictured here with Executive Director Nancy Schiff. Learn more about the Center for Youth Development through Law at www.youthlawworks.org.
The April Issue of Contra Costa Lawyer – Here’s What You Missed in the
Criminal Law & Mental Health Issue Thank you to Joseph Tully, Guest Editor
Find it online at www.contracostalawyer.cccba.org Features: • Sex, Lies and Video Tape: The Importance of Police Accountability, by Qiana Washington • The Forest for the Trees: Seeing the Criminal Shade of the Emerald Triangle, by Lisa Mendes • Brady, by Dan Horowitz • You Might Be a Dump Truck, if …, by Peter Johnson • Elder Abuse by the Mentally Ill, by Jill Henderson • My Client Has Threatened to Injure Somebody, by Jerome Fishkin • Criminal Justice Reform: The Long & Winding Road, by Joseph Tully 32
MAY 2019
Columns: • Inside: An Intense, Passionate and Misunderstood Area of Law, by Joseph Tully, Guest Editor • Coffee Talk: What’s the Most Frightening Issue You’ve Experienced as a Result of a Case?
Spotlight:
• The Wrong Turn, Another Story from the Bray Building, by Justice James Marchiano (Ret.)
Bridging the Gap New attorneys and attorneys who are new to the county were invited to the CCCBA’s Bridging the Gap event in February, a day long program designed as an introduction to the Contra Costa County legal community Featured speakers included District Attorney Diana Becton and several judges. In conjunction with CourtCall and the SF Daily Journal, the CCCBA and it’s Barristers-Young Lawyers Section hosted the event that included four hours of MCLE credit, lunch with a judge and happy hour. This annual program will be held again in February 2020, watch the CCCBA calendar for notice.
Top: Judge Steve Austin addresses the group Second Row: District Attorney Diana Becton; Shannon Wolfrum; Matthew Matejcek, Ryan Apperson, Matt Colliss and David Marchiano Bottom Row: Deborah Moritz-Farr, CCCBA Executive Director, Theresa Hurley CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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Happy Hour Gathering
in East County
The second of CCCBA’s 2019 informal Happy Hour Gatherings took place at the beautiful Smith’s Landing in Antioch on March 20. Be sure to be a part of the next two events coming up on: May 22 - Wednesday Concord: Residual Sugar (at the Veranda) July 25 - Thursday - Walnut Creek: Calicraft Brewing Company - Tap Room
Clockwise starting above left, Conrad Kuyawa and Paul Rives; Michael Pierson with Marie Quashnock; Nicole Mills with Joel Harris and Patanisha Davis-Jenkins; Left, Hon. Leonard Marquez with Matthew Hart.
Advertiser Index Acuna Regli . . . . . . . . . . . . . . . . . . . . 15
Law Offices of Oliver Bray . . . . . . . . . 6
ADR Services . . . . . . . . . . . . . . . . . . 25
Lenczowski Law Offices . . . . . . . . . . 11
Barr & Young Attorneys . . . . . . . . . . 26
Morrill Law Firm . . . . . . . . . . . . . . . . 29
Brillant Law . . . . . . . . . . . . . . . . . . . . 20
Novak Wealth Management . . . . . . . . 2
Diablo Valley Reporting Services . . . 40
Pedder, Hesseltine, Walker & Toth, LLP . . . . . . . . . . . . . . 15, 20, 38
First Republic Bank . . . . . . . . . . . . . . 10 JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Bruce Hahn . . . . . . . . . . . . . . . . . . . . 17 LawPay . . . . . . . . . . . . . . . . . . . . . . . 18
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MAY 2019
Candice Stoddard . . . . . . . . . . . . . . . 29 Jeffrey R. Windsor, Mediator . . . . . . 14
Classifieds Probate paralegal to attorneys Joanne C. McCarthy, 3000F Danville Blvd., #257, Alamo, CA 94507 Call (925) 689-9244.
CONFERENCE ROOM AVAILABLE CCCBA members receive a discount on renting the conference room at the CCCBA office in Concord. Rent by the hour or by the day for client meetings, negotiations or other small group sessions. Convenient location near Concord BART. For information contact Barbara Arsedo at (925) 370-2544 or barsedo@cccba.org.
Michael J. Young . . . . . . . . . . . . . . . . 15
notary service
Zandonella Reporting Service . . . . . 28
CCCBA members are eligible for free notary service at the CCCBA office in Concord. Contact Carole Lucido at (925) 370-2542 or clucido@cccba.org for an appointment.
Calendar
Upcoming Events | Overview May 7 | CCCBA & CCC Superior Court Tips and Success for Discovery Facilitators – A Training more details on page 36
May 8 | Real Estate Section Unlawful Detainer Trial: Key Issues for Plaintiff and Defendent
more details on page 36
May 10
| Criminal Law Section
From the Samurai to the Ninja: Aggressive Litigation Techniques from a Japanese Perspective more details on page 36
May 14 | CCCBA A Very Civil Q & A Bench Bar Lunch 2019 - MARTINEZ
more details on page 36
May 14 | Women’s Section Women’s Section Happy Hour more details on pages 36
May 17 | Litigation and Real Estate Sections Partition: Let My People Go! more details on page 36
May 22 | CCCBA CCCBA Happy Hour Gathering more details on page 37
May 23 | Immigration Section In Conversation with Immigration Judge Rebecca Jamil (Ret.) more details on page 37
June 7
| Criminal Law Section
The State of Criminal Law in Contra Costa County more details on page 37
June 11 | CCCBA Criminal Q & A - Bench /Bar Lunch 2019 - RICHMOND more details on page 37
June 13
| Barristers / Young Lawyers Section
All Section Summer Mixer 2019 more details on page 37
June 18 | CCCBA CCCBA Goes to the Ball Park 2019 Baltimore Orioles @ Oakland A’s more details on pages 37
June 19 | Diversity Committee Racial Reconciliation Forum: A Pathway to a More Inclusive Contra Costa Legal Community more details on page 38
June 21 | Real Estate Section Appeals in Real Estate Cases more details on page 38
June 27 | Women’s Section 2019 Women’s Section Annual Luncheon with the Honorable Wendy McGuire Coats more details on page 38
July 9 | Women’s Section Women’s Power Lunch more details on page 38
The Contra Costa County Bar Association certifies that the MCLE activities listed on page 36-38 have been approved for the specific MCLE credit indicated, by the State Bar of California, Provider #393.
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May 7 | CCCBA & CCC Superior Court
May 8 | Real Estate Section
May 10 | Criminal Law Section
Tips and Success for Discovery Facilitators - A Training
Unlawful Detainer Trial: Key Issues for Plaintiff and Defendant
From the Samurai to the Ninja: Aggressive Litigation Techniques from a Japanese Perspective
Speakers:
Hon. Steve Austin Philip M. Andersen, Esq. Jay Chafetz, Esq. Larry Cook, Esq.
Come hear judges, other facilitators, and an author of the program rules discuss common issues faced by Discovery Facilitators. All are welcome to attend, but the program is specifically designed for discovery facilitators rather than litigators. Lunch will be provided courtesy of the ADR and Litigation sections. Time: Noon – 1:30 pm Location: Wakefield Taylor Courthouse, 725 Court St., Room 200, Martinez
Speaker: Comm. Lowell Richards Commissioner Richards will discuss tips, strategies to litigate residential unlawful detainers in Contra Costa County from 3-day notice to writ of possession. Time: 5:00 pm – 7:30 pm Location: CCCBA Building Conference Room, 2300 Clayton Rd., First Floor, Concord MCLE: 2.25 hrs. General credit Cost: Free for Real Estate Section members, $20 for Law Student Section members, $40 for CCCBA members, $50 non members
MCLE: 1 hr. General credit
Registration: Online at www.cccba.org/attorney/calendar
Registration: Online at www.cccba.org/attorney/calendar
More Info: Contact Anne Wolf at (925) 370-2540 or awolf@cccba.org
More Info: Contact Anne Wolf at (925) 370-2540 or awolf@cccba.org
The grandson of Central Valley Japanese farmers who were stripped of their possessions and forced into internment camps during World War II, Jon Renge is a ferocious warrior for those accused of crimes by the government. Renge developed his aggressive defense strategies based upon his Japanese heritage and the historical oppression against the Central Valley Asian community. Time: 11:45 am – 1:15 pm Location: Creek Monkey 611 Escobar St., Martinez MCLE: 1 hr. General credit Cost: $25 Criminal Law Section members, $30 CCCBA members, $35 non members, $15 Law Student Section members Registration: Online at www.cccba.org/attorney/calendar
May 14 | CCCBA
May 14 | Women’s Section
May 17 | Litigation and
A Very Civil Q & A - Bench/Bar Lunch 2019 - MARTINEZ
Women’s Section Happy Hour
Partition: Let My People Go!
Speakers: Hon. Steve Austin Hon. Jill Fannin Hon. Susanne Fenstermacher Hon. Steve Treat Hon. Ed Weil Members of the CCCBA are invited to attend a meeting with Civil Division Supervising Judge Edward Weil and other civil judges to discuss issues of general interest or concern. The research attorneys will also be available to answer your questions. The judges would like to know what’s on your mind. Please submit discussion topics to the CCCBA by May 3 via email to Anne Wolf at awolf@cccba.org. Time: Noon - 1:15 pm Location: Wakefield Taylor Courthouse 725 Court St., Dept. 39, Room 301, Martinez MCLE: 1 hr. General credit Registration: Online at www.cccba.org/attorney/calendar 36
Speaker: Jon Renge, Esq.
MAY 2019
What is a Women’s Section Happy Hour? Think LinkedIn but over drinks. The Women’s Section Happy Hour is an opportunity to meet and build professional relationships. Time: 5:00 pm – 7:00 pm Location: Smith’s Landing, One Marine Plaza, Antioch RSVP to: cccbaWomensSection@gmail.com
Real Estate Sections
Speaker: Julie Woods, Research Attorney, Contra Costa County Superior Court The presentation will explain methods and steps to partition, relevant authority, bases of attorney’s fees and costs, and potentially related causes of action including some probate crossover. Join us in this entertaining engagement where “it shall be written, and it shall be done!” Time: 7:30 am - 9:00 am Location: Scott’s Seafood, 1333 N. California Blvd., Walnut Creek MCLE: 1 hr. General credit Cost: Free for Real Estate Section members, $15 for Litigation Section members, $25 CCCBA members and $40 for non members Registration: Online at www.cccba.org/attorney/calendar
May 22 | CCCBA
May 23 | Immigration Section
June 7 | Criminal Law Section
CCCBA Happy Hour Gathering
In Conversation with Immigration Judge Rebecca Jamil (Ret.)
The State of Criminal Law in Contra Costa County
Based on her rich experience as an immigration judge in San Francisco, Judge Jamil will give us an insightful “behind the curtains” look at the challenges the Immigration Court faces today. In particular, she will discuss the stresses on the court caused by the recent immigration waives and the Administration’s policies.
Speaker: Joseph Tully
Join your CCCBA friends for a casual, no-host event, where CCCBA members gather in a relaxed happy hour setting to socialize. Don’t expect anything formal like name tags or check-in tables. Come when you can, grab a beverage, and find us on the patio or in the bar area. A gathering of the CCCBA big or small, is typically hard to miss. Time: 4:30 pm – 7:00 pm Location: Residual Sugar at the Veranda 2045 Diamond Blvd., Concord Don’t miss these upcoming Happy Hours: • Thursday July 25 at Calicraft, The Taproom, Walnut Creek • Thursday August 29 at Elevation 66, El Cerrito • Thursday, October 24 at The Vine at Bridges, Danville These are no-host happy hours. More Info: Contact Anne Wolf at (925) 370-2540 or awolf@cccba.org
Time: 11:45 am – 1:15 pm Location: CCCBA Building Conference Room, 2300 Clayton Rd., first floor, Concord MCLE: 1 hr. General credit Cost: Before May 9: Immigration Section members $5, CCCBA members $10, non members $20. After May 9: Immigration Section members: $10, CCCBA members $15, non members $25 Registration: Online at www.cccba.org/attorney/calendar More Info: Contact Anne Wolf at (925) 370-2540 or awolf@cccba.org
Join Joseph Tully for a review of the state of criminal law practice in Contra Costa County. He will examine things that are working and what changes might be needed. The Criminal Law Section will introduce potential Section Bylaws and take nominations for officers. Time: 11:45 am – 1:30 pm Location: Creek Monkey 611 Escobar St., Martinez MCLE: 1 hr. General credit Cost: $25 Criminal Law Section members, $30 CCCBA members, $35 non members, $15 Law Student Section members Registration: Online at www.cccba.org/attorney/calendar More Info: Contact Anne Wolf at (925) 370-2540 or awolf@cccba.org
June 11 | CCCBA
June 13 | Barristers / Young
June 18 | CCCBA
Criminal Q & A - Bench/Bar Lunch 2019 - RICHMOND
All Section Summer Mixer - 2019
CCCBA Goes to the Ball Park 2019 Baltimore Orioles @ Oakland A’s
Members of the CCCBA are invited to attend a meeting to discuss issues of general interest or concern. • Richmond Criminal Division Supervising Judge Clare Maier • Judge Virginia George • Judge Linda Lye • Judge Benjamin T. Reyes, II The judges would like to know what’s on your mind. Please submit discussion topics to the CCCBA by June 3 via email to Anne Wolf at awolf@cccba.org. Every effort will be made to include all suggested topics. Time: Noon - 1:15 pm
Lawyers Section
Join us in celebrating the start of Summer. Catch up with old friends, get to know some new faces and relax with your CCCBA colleagues. This year again we will be having some friends from our community join us. If you are interested in pro bono opportunities in Contra Costa County but don’t know what’s available, you’ll have the chance to speak to legal service providers from a host of local agencies and learn how you can help those in need in our county. A very special thank you to our sponsors for the evening THOMSON REUTERS and JAMS
Location: Richmond Superior Court 100 37th St., Room 209, Richmond
Time: 5:30 pm – 7:30 pm
MCLE: 1 hr. General credit Registration: Online at www.cccba.org/attorney/calendar
Cost: FREE for CCCBA members; $20 non members | Appetizers and 2 drink tickets per person
More Info: Contact Anne Wolf at (925) 370-2540 or awolf@cccba.org
Register: Online at www.cccba.org/attorney/calendar
Get yourself on the roster for this 7:05 pm game between the A’s and the Orioles. Includes a lower level box seat, delicious catered tailgate and some ballpark approprite libations. And, as a signing bonus it’s free parking Tuesday! Time: 5:30 pm - 9:30 pm Location: Oakland Coliseum, 7000 Coliseum Way, Oakland Cost: $50 for members and non members RSVP: Online at www.cccba.org/attorney/calendar More Info: Contact Theresa Hurley at (925) 370-2548 or thurley@cccba.org
Location: TBD
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June 19 | Diversity Committee
June 21 | Real Estate Section
June 27 | Women’s Section
Racial Reconciliation Forum: A Pathway to a More Inclusive Contra Costa County Legal Community
Appeals in Real Estate Cases
2019 Women’s Section Annual Luncheon with the Honorable Wendy McGuire Coats
Speakers: Hon. Benjamin T. Reyes, II Hon. Anita Santos Philip M. Andersen Diana Becton Robin Lipetsky Robin Pearson Please join us for a moderated discussion of experiences with race in our legal community and solutions to make it more inclusive. Members of the audience will have an opportunity to submit questions for the panelists. Time: 5:30 pm – 7:30 pm Location: John F. Kennedy University College of Law, 100 Ellinwood Way, Rm. S209-S213, Pleasant Hill MCLE: 1 hr. Elimination of Bias credit Cost: Free admission Registration: Online at www.cccba.org/attorney/calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org
July 9 | Women’s Section Women’s Power Lunch What is a power lunch? Think LinkedIn but over lunch. The Women’s Section power lunch is an opportunity to meet and build professional relationships. Time: 11:30 am – 1:00 pm Location: Tender Greens, 1352 Locust St., Walnut Creek RSVP: cccbawomenssection@gmail.com
More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org
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MAY 2019
Speaker: Myron Moskovitz, Esq. This class includes a review of the development of the “equitable easement” doctrine in California, staring with the early cases on physical encroachments by structures, all the way through the most recent cases extending the equitable easement doctrine to include access and driveway easements. Time: 7:30 am – 9:00 am Location: Scott’s Seafood 1333 N. California St., Walnut Creek MCLE: 1 hr. General credit Cost: FREE for CCCBA members; $20 non members Registration: Online at www.cccba.org/attorney/calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org
Time: 11:45 am – 1:15 pm Location: Smith’s Landing, One Marine Plaza, Antioch MCLE: 1 hr. General credit Cost: $35 for members of the Women’s, Barristers and Law Student sections, $45 CCCBA members, $50 non members Registration: Online at
www.cccba.org/attorney/calendar More Info: Contact Anne K. Wolf at (925) 370-2540 or awolf@cccba.org
PROUDLY PRESENTS
SA JOKUITOR P I S RE
XXIV
THE JOKE SPEAKS FOR ITSELF
KICKOFF FOR FOOD From the BAR 2019 Benefitting the Food Bank of Contra Costa and Solano
Thursday, May 2 Doors open at 6 pm Show starts at 8 pm
F e at u r i ng
Back Forty Texas BBQ 100 Coggins Drive Pleasant Hill
U.S. Legal Support
PATRONS
Tickets: $70 each $650 for table of ten BBQ Buffet: 6:30 - 7:30 pm
Larry Bubbles Brown has appeared on over Vegetarian option available upon request, contact Renee by 25 tv shows (including David Letterman) and is a April 18 at (925) 771-1310. frequent opener for Dana Carvey and Dave Attell. He Bring a can of protein appears with Johnny Steele (tuna, peanut butter, chicken) and Will Durst in the 2014 to enter for a chance for valumovie, 3 Still Standing. able prizes! Benefitting:
BENEFACTORS Contra Costa County Bar Association
Johnny Steele, a native of Pittsburg, California, has been a comedian since the mid 1980s. The former host of Live 105 Morning Radio Show and former co-host of KRON/Bay TV’s The Show, his informal style and outrageous ad-lib comments keep audiences laughing.
Robert G. McGrath American Inn of Court McNamara, Ney, Beatty, Slattery, Borges & Ambacher Newmeyer & Dillion LLP Geoffrey Wm. Steele, Steele Law Group
CONTRIBUTORS
Gagen, McCoy, McMahon, Koss, Markowitz & Fanucci APC Law Office of Jennifer L. King, PC Miller Starr Regalia Edward Shaffer, Chair-Emeritus of Food From The Bar Committee
GET YOUR TICKETS TODAY at www.foodbankccs.org/fftbcomedynight 2019-4-18
Deposition Reporting in Contra Costa County since 1986
Trusted with the Bay Area’s most complex cases, Diablo Valley Reporting Services has been part of the legal landscape for more than 30 years. Contra Costa County attorneys have come to rely on DVRS as a firm that is large enough to handle the most challenging cases, but small enough to provide the utmost in personal and professional service. • • • • • •
Proud to Partner with Some of the Area’s Best Certified Shorthand Reporters Leading Technology Personal Service and Delivery Deposition Suites and Conference Rooms Available Centrally Located in Downtown Walnut Creek, near BART A Loyal Supporter of the Contra Costa County Bar Association for Three Decades
2121 N. California Blvd., Suite 290, Walnut Creek, CA 94596 • dvrs2121@yahoo.com
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DIABLO VALLEY REPORTING SERVICES
MAY 2019
925.930.7388