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INDEX Lawyer SACRAMENTO
SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE
Vol. 4-2024 PRESIDENT’S MESSAGE
8 Farewell Message From the SCBA President
EDITOR-IN-CHIEF
Ellen Arabian-Lee Arabian-Lee Law Corporation
EDITOR EMERITA
Heather Hoganson
Editor@sacbar.org
PRODUCTION DESIGN, ADVERTISING
Milenko Vlaisavljevic milenko@sacbar.org
16 2024 SCBA Nancy Sheehan Distinguished Attorney of the Year: Ognian Gavrilov FEATURE ARTICLES
20 Navigating Electronic Filing in California Courts: History, Challenges and Best Practices
32 Unequal Pay: 15 Years Since Ledbetter
&
12 Honoring Advocates Dedicated to Uplifting Our Community and Advancing Access to Justice: Highlights from the SCBA and SCBF Scholarship Event
26 ABAS Law Foundation Honors Toso Himel
34 SABA of Sacramento Hosts Its Seventeenth Annual Diversity Law Student Reception
EDITORIAL
24 Court Reporter Chicken MEMBER HIGHLIGHT
30 Bruce M. Timm
EXECUTIVE DIRECTOR Terri Shettle 916-604-9682 tshettle@sacbar.org
Sacramento Lawyer welcomes letters and article suggestions from readers. Please e-mail them to editor@sacbar.org. The Sacramento County Bar Association reserves the right to edit articles and letters submitted for publication. Please contact the SCBA at 916-564-3780 for deadline information. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Editors, by pickup at the SCBA office only.
Sacramento Lawyer (USPS 0981-300) is published by the Sacramento County Bar Association, 8950 Cal Center Drive, Bldg. 2, Ste. 346, Sacramento CA 95826. Issn 1087-8771. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 8950 Cal Center Drive, Bldg. 2, Ste. 346, Sacramento CA 95826. Copyright 2024 by the Sacramento County Bar Association.
Farewell Message From the SCBA President
By Connor Olson
Dear Members of the Sacramento County Bar Association,
As my term as SCBA President comes to an end, I find myself reflecting on what makes this organization so remarkable. Beyond its history and accomplishments, what truly stands out to me is the opportunity the SCBA provides—to connect, to learn, and to grow in so many ways.
When it’s all said and done this year, I will have had the privilege of attending fifteen events put on by the SCBA. From formal gatherings such as the Bench Bar Reception to more laid-back Section/Division mixers, and even an adventurous Evening at the Zoo, I saw first-hand countless connections being made, and perhaps most im-
portantly, good times being had. Intertwined with these connections are opportunities to learn and grow professionally. From conversations which lead to organic mentorships, to multi-hour CLE programs, the collective wisdom from so many in our legal community was on full display this year.
Growth also comes from opportunities to give back and inspire the future of our profession. This included The Community & Justice Scholarship Celebration and Kids Law Day, both of which the SCBA and the Sacramento County Bar Foundation combined to organize this year.
The Annual Meeting in December will mark the close of my time as President, but it is by no means the end of my involvement with
the SCBA. I look forward to continuing to be a part of this incredible community, which has given me so much.
To the incoming leadership, I pass the torch with great confidence in your ability to continue expanding these opportunities for our members. To all of you, I encourage you to make the most of everything the SCBA offers—you never know which event, program, or connection might change the trajectory of your career or life.
Thank you for entrusting me with the privilege of serving as your President. It has been an honor to grow alongside you.
Sincerely,
by Eleakis
Photo
Photography: www.elekis.com
Connor Olson , 2024 President, Sacramento County Bar Association.
Your 2024 SCBA Board of Directors:
PRESIDENT
Connor Olson
NorCal Advocates connor@norcaladvocates.com
VICE PRESIDENT
Angelina Ray Pacem Tempestate Law angelina@pacemtempest.com
Dawn Willis Downey Brand, LLP dwillis@downeybrand.com
Honoring Advocates Dedicated to Uplifting Our Community and Advancing Access to Justice: Highlights from the SCBA and SCBF Scholarship Event
By Brittany Berzin
is Treasurer of the SCBA and an attorney with NorCal Advocates where she represents employees and consumers in litigation. She can be reached at brittany@norcaladvocates.com.
On October 24, 2024, Sacramento’s legal community came together at Sequoia at the Cannery to celebrate the recipients of the inaugural Justice Arthur G. Scotland Commitment to Community Scholarship, presented by the Sacramento County Bar Association (SCBA), and the annual Access to Justice Scholarship and Grant, awarded by the Sacramento County Bar Foundation (SCBF).
Justice Scotland’s Contributions to the Legal Community and Beyond
The evening was inspired by and honored Justice Arthur G. Scotland's (Ret.) extraordinary career and dedication to community
service, mentorship, and access to justice. His distinguished judicial career spanned nearly 25 years, including over 21 years as Presiding Justice on the Court of Appeal in Sacramento. Before his 1987 judicial appointment, he served as Cabinet Secretary to Governor Deukmejian, California Deputy Attorney General, and Sacramento County Deputy District Attorney. Since 2012, he has been Of Counsel with Nielson, Merksamer, Parrinello, Gross & Leoni LLP.
Justice Scotland has received numerous accolades, including SCBA’s “Judge of the Year” (2004) and “Distinguished Attorney of the Year” (2014), the Judicial Council’s “Ronald M. George Award
for Judicial Excellence,” and induction into the Hall of Fame of the Council of Chief Judges of the State Courts of Appeal. His humanitarian contributions include volunteering with the Sacramento Children’s Home, educating youth on the legal system, and promoting diversity and inclusion. Honors for these efforts include the SCBA Humanitarian of the Year Award, the SacLEGAL Founders’ Award, the A. Sherman Christensen Award from the American Inns of Court, and awards from multiple bar associations and community organizations.
Opening the Evening
As attendees arrived, the eve-
Brittany Berzin
Photos by Jessica Wilson Photography
Group Photo
ning kicked off with an opportunity to mingle over a hosted bar and a selection of appetizers. Judges, attorneys, law students, law school administrators, and other legal professionals filled the room with lively conversation, creating a vibrant and engaging atmosphere. The networking portion of the evening extended well into the event, providing a unique chance for law students from McGeorge School of Law, UC Davis School of Law, and Lincoln Law School to connect directly with members of the judiciary and local attorneys. The shared dedication to the evening’s purpose was ev-
ident throughout the event.
Honoring Justice Scotland
As the evening progressed, attendees gathered in a seated setting where they heard remarks from Connor Olson, Ed Brooks, Judge Emily Vasquez (Ret.), and Justice Shama Mesiwala who introduced Justice Scotland with heartfelt remarks. Justice Mesiwala shared how their paths first crossed when she argued a case at a high school in Redding, California, as part of a program Justice Scotland championed to bring Court of Appeal arguments into schools.
Justice Scotland, in turn, spoke
with deep admiration for Justice Mesiwala, praising her accomplishments and reflecting on their enduring friendship, mutual respect, and shared dedication to uplifting underserved communities. He also expressed heartfelt gratitude for the inaugural scholarship named in his honor, sharing his hope that it would inspire recipients to continue a legacy of service to their communities.
Scholarships Awarded
The inaugural Justice Arthur G. Scotland Commitment to Community Scholarship was awarded to: • JoAnne Lee, Lincoln Law
L.R. Dean Filomena Yeroshek, Judy Muthoni, Lexi Howard.
In addition, the SCBF’s annual Access to Justice Scholarship and Grant recognized:
• Gitty Shah, Lincoln Law School;
• Fernando Moreno, UC Davis School of Law; and
• Operation Protect and Defend, a civic engagement initiative fostering education and justice. Each recipient shared their gratitude and personal journeys, highlighting the challenges they had overcome and their aspirations to use the law to help underserved communities. They also spoke about the financial relief and peace of mind the scholarship provided, enabling them to focus on their education and career goals.
A New Tradition
The Community & Justice Scholarship Celebration marked the beginning of a new tradition for the SCBA. While the SCBF has awarded scholarships and grants annually, this event was a new collaboration with the foundation and the introduction of SCBA’s own scholarship program. The event
exemplifies the SCBA’s and SCBF’s dedication to supporting the next generation of legal professionals as well as the community.
Closing the Evening
As the evening concluded, attendees gathered for a group pho-
to, commemorating the event and honoring Justice Scotland’s contributions. His legacy, celebrated throughout the night, serves as an enduring example of leadership, mentorship, and dedication to community service within Sacramento’s legal community.
L.R. Justice Arthur G. Scotland (Ret.), Ed Brooks, Fernando Moreno, JoAnne Lee, Judy Muthoni, Jamir Graham, Connor Olson, Justice Shama H. Mesiwala.
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2024 SCBA Nancy Sheehan Distinguished Attorney of the Year: Ognian Gavrilov
By Elizabeth Niemi
Elizabeth Niemi met Ognian Gavrilov in May 2008, when they both worked for renowned appellate attorney, Jay-Allen Eisen. She is a certified family law specialist and Of Counsel at Gavrilov and Brooks, where she practices family law and appellate law. She can be reached at eniemi@niemilaw.com.
This year’s recipient of the SCBA Nancy Sheehan Distinguished Attorney of the Year, Ognian Gavrilov, grew up in Sofia, Bulgaria while it was still a socialist satellite of the Soviet Union. Not surprisingly, Ognian speaks fluent Bulgarian and conversational Russian. But he had almost no exposure to English before coming to California on a student visa at the age of 20 to pursue a future “in the best country by a mile where someone can start with below nothing and achieve everything.”
Ognian’s first years in California were not easy. He did not understand anything that was being said in his classes for the first three or so months and he missed his friends, parents, and culture. He persevered and, with the help of a partial golf scholarship, earned an A.A. in Liberal Arts from College of the Desert in 2002.
To Ognian’s frustration, he then had to take two years off from his studies because he could not afford out-of-state tuition, and as a nonresident, he could not qualify for student loans or financial aid. Ognian worked tirelessly during this break, including parking cars at luxury resorts in Palm Springs, where he was surrounded by wealth and opulence.
Feeling stuck and hopeless about his own chances of pursuing the American dream, Ognian thought about returning to Bulgaria, but fortunately, his former wife, Tracy Inscore, agreed to co-sign Ognian’s private student loans for him. Within a year, Ognian had graduated with a B.A. in U.S. History, with honors, from California State University San Bernardino.
Despite the academic obstacles that he
Photos by Jessica Wilson Photography
had already overcome, Ognian had to be talked into attending law school because he was concerned that no one would want to hire a foreigner with a thick accent. Tracy persuaded Ognian to consider it, and together they attended University of the Pacific McGeorge School of Law in Sacramento, where they both graduated in 2008.
Even though they are no longer married to each other, Tracy shares, “it speaks to Ognian’s character that 16 years later, we still consid er each other to be close family friends and respected colleagues. He is one of the hardest working and most loyal people I know.”
While at McGeorge, Ognian found time to participate in (and win) Mc George’s inaugural golf club tourna ment in 2007. Ognian also became known for his straightforward per sonality, candor, and outside-thebox thinking that amused (and sometimes annoyed!) his classmates and professors.
In December 2008, Ognian passed the California Bar during the Great Recession. Ognian’s earlier struggles prepared him to weather a harsh job market with few prospects for a new graduate. Undaunted, Ognian started his own law firm in midtown Sacra mento and then moved downtown to offices across the street from the Gordon D. Schaber Sacramento County Courthouse.
we had very different areas of expertise. It was a natural progression to becoming partners, a yin and yang as it were. Ognian calls me, ‘the voice of reason of the firm,’ and he is undoubtedly our fearless leader.”
Today, Gavrilov & Brooks is the 15th largest law firm in Sacramento. The Sacramento offices are located in two adjoining historic buildings in midtown, which Ognian purchased and remodeled into profes-
sional spaces. The firm also has an office in Los Angeles, and Ognian owns 58 Degrees and Holding Co. restaurant in midtown, as well. Altogether, Ognian is instrumental in employing 75 people, which was a considerable responsibility during the pandemic.
1/2 Page Ad NOV/DEC Judge Van Camp
Ognian attributes his success in building his legal “empire” to having a bird’s eye view of management and to not micro-managing the lawyers who work for him.
At his downtown office, Ognian met now Judge Alin Cintean, who writes, “I witnessed Ognian’s unwavering dedication, sharp intellect, and commitment to serving his clients when we worked together in the same building early on in our careers. I am happy to see him receive this well-deserved honor.”
At his downtown office, Ognian also met J. Edward Brooks, who is now his law partner. Ed reports, “Ognian and I started collaborating on cases, and we realized that
He might get stressed out trying to avoid a problem, but once a problem arises, he quickly shifts into problem-solving mode without the apportionment of blame that might come from a more traditional law firm hierarchy. It is a refreshing approach that most attorneys appreciate. Very few attorneys have voluntarily left the firm, and at least two attorneys who left subsequently rejoined the firm within a short period of time.
Ognian is willing to take on any novel area of law, but he primarily practices in the areas of business, securities, employment, personal injury, legal malpractice, and probate law. Over the years, Ognian has developed a niche as a lawyer who is called in at the last minute by other law firms to try cases that are on the eve of trial. He estimates that he obtains 95% of his business this way. Within this niche, Ognian has a reputation for taking on high stakes cases where one party is going to win or lose it all. Ognian now has over 60 trial verdicts, five of which are in the eight-figure range.
The courtroom is like a second home to Ognian. He enjoys the intellectual stimulation of trying a large variety of cases (anything, really!), and he enjoys using his math skills in any case he works on. Attorney Bruce Timm, who has had cases against Ognian, observes that “Ognian’s intelligence and competitiveness make him a formidable adversary.” Ognian fears that the newest generation of lawyers are not being taught to develop their adversarial skills, which he views as a critical component of being able to succeed in the courtroom, as well as in the real world.
In 2020, the Capital City Trial Attorneys Association named Ognian its Advocate of the Year. The next year, with only two months’ notice, Ognian tried a defamation
case in Glenn County where the jury awarded his client $39 million in damages, making California history.
Ognian has become a naturalized American citizen and he has made Sacramento his home. His Wife, Mui, appreciates the humor and energy that Ognian brings to everything he does. His presence is “like a lightning bolt,” she says, for everyone around him. She also appreciates how consistent Ognian is as a husband and now as a father to their 10-year old son, Niden, and to their 7-year old daughter, Rada.
It is important to both parents for Niden and Rada to be multi-cultural and they are raising their children to be pentalingual. In addition to speaking English, the children understand Bulgarian and Cantonese (Mui’s first language), and they take lessons in Spanish and Mandarin. With this combination, the children will be able to communicate with 40% of the world’s population!
As part of his embrace of Sacramento, Ognian routinely uses his restaurant to host mixers for the legal community and to conduct fundraisers for like-minded politicians. By like-minded politicians, Ognian means those who are pro law enforcement. Ognian is committed to cleaning up the American River Parkway and to preventing Sacramento from becoming another Portland. To this end, Ognian filed a companion lawsuit with the Sacramento County District Attorney’s Office against the City of Sacramento to address the City’s handling of the homeless problem. Although Ognian may only conduct fundraisers for like-minded politicians, he enjoys spirited debates with people who do not see eye to eye with him, and he has many acquaintances, friends, colleagues, and employees with differing social and political views.
Against this backdrop, Ognian remains true to his Bulgarian roots. He takes his family to Bulgaria on a regular basis. He has established a full tuition scholarship at McGeorge for a Bulgarian student who wants to earn a Master of Laws. He is a co-founder of the Slavic Chamber of Commerce and of the Bulgarian Film Festival.
In 2016, the Sofia Bar Association gave Ognian its annual Justice Abroad Award, which usually goes to a foreign lawyer who has made an impact in Bulgaria. Last year, Ognian was nominated by the Bulgarian government to become a Bulgarian Honorary Consul for Northern California, and his nomination was approved by the United States Secretary of State. As a diplomat, Ognian recently helped to host the Bulgarian Prime Minister who visited California at Ognian’s invitation.
In his free time, Ognian takes jiu jitsu and he continues to play golf. However, there is not much free time because Ognian’s goal is to build the largest law firm in Sacramento. Each weekend, he cannot wait for Monday mornings when he wakes up excited to tackle the work week. Once he gets to the office, Ognian is constantly in motion, pacing around the parking lot while he talks on the phone, or walking down the street for coffee with his associates and clients. He has no plans to retire – ever.
At 45 years old, Ognian is one of the youngest, if not the youngest, recipients of the SCBA Nancy Sheehan Distinguished Attorney of the Year. He is also the first recipient who did not learn English until he was an adult. Congratulations to Ognian for achieving his American dream within twenty-five years of stepping foot here, and for achieving this prestigious recognition from his peers in the Sacramento legal community.
Navigating Electronic Filing in California Courts: History, Challenges and Best Practices
By John Arnold
In recent years, California’s 58 superior courts have increasingly turned to electronic filing (e-filing) to streamline the filing process, improve access, and modernize their technology. Sacramento County has now joined 40 other counties offering e-filing, a service already familiar to practitioners in neighboring Yolo, Placer, and El Dorado counties. Sacramento County was in fact one of the first to try to get to the finish line. However, as is the case with so many on the cutting edge of technology, California’s first foray into e-filing ended up being too early, but early efforts still paved the way for what we have today.
History of E-Filings
California’s gradual implementation of e-filing began in earnest in 2008 with the California Case Management System (CCMS). CCMS was tasked with unifying case management across all state courts to increase efficiency and access to the courts. While an ambitious project indeed, it ultimately failed to bring Sacramento, and many other counties e-filing due to the organizational challenges, financial constraints, lack of transparency and technological issues.
John Arnold has been in the legal industry for 25 years with experience as a Private Investigator and Attorney Support Services owner. His company, River City Attorney Support, has been a certified EFSP in California since September 2020.
The initial budget escalated from an estimated $260 million, to $500 million and finally to projections of $1.9 billion to complete before the CCMS was scrapped in 2012.
In 2016, Judicial Technology Improvement (JTI) began its initiative to modernize court technology while keeping it scalable and cost effective. As part of this initiative, many counties began implementing the JTI platform for e-filing with the assistance of technology companies that have become known as Electronic Filing Service Partners (EFSP). The partnership of these companies has rapidly expanded court access across California. By mid-2025, there will be 50 counties with e-filing access in California.
Selecting an Electronic Filing Service Provider (EFSP)
Every court in California that provides e-filing services has a list of EFSP’s on their website. This list generally is the same across all courts and can be found on the Sacramento website. Choosing an
EFSP is a critical step in the e-filing process, with several factors to consider:
• Cost: EFSPs set their own fees for e-filing, often offering discounted rates to high-volume clients, such as law firms.
• Customer Service: Reliable customer support is essential, especially when dealing with urgent filings or technical issues, which are common.
• Additional Services: Many EFSPs offer supplementary services, including process service, automated notifications, concierge filings and in-person filing services.
• E&O Insurance: Ensures protection for clients against filing errors or omissions.
• Court Compatibility: Ensures that the EFSP has access to the specific counties required.
Electronic Filing Manager Fees Explained
Each EFSP sets fees for their services, with different rates often applied for attorney clients and the
public. The court imposes its own filing fees based on document type, along with an Electronic Filing Manager (EFM) fee, which ranges from $3.95 to $8.50 per filing. This EFM fee supports the county’s e-filing infrastructure. Only successful filings incur EFM fees, which are waived for clients with approved fee waivers. When submitting filings, users must authorize their EFSP to pay this fee, along with any filing fees. Recently, EFM fees have risen, reflecting broader cost increases across many sectors.
Available and Upcoming Courts with E-filing in California
As of today, 41 California counties offer e-filing access through EFSPs, with San Joaquin County operating an independent e-filing system. With the recent addition of Sacramento County to this list, all major regions in California now have e-filing options. It’s essential to understand the difference between permissive and mandatory e-filing when working with these counties.
Permissive vs. Mandatory E-filing
At the time of this article, e-filing in Sacramento County remains permissive, meaning filing parties can submit documents in person, through a fax-filing agency, or via e-filing (on certain case types). In contrast, counties with mandatory e-filing require attorneys to submit filings electronically, though exceptions may apply under specific local rules. Always verify each court’s guidelines regarding permissive or mandatory e-filing, as well as any restrictions based on case type and local regulations.
Expansion to Smaller Counties
With e-filing now available in most major counties, technology providers are focusing on bringing access to smaller, underserved regions. Upcoming counties expected to offer e-filing in the near future
include Colusa, Glenn, Humboldt, Lake, Modoc, Mono, Plumas, Trinity and Ventura. Additional case types will be added to Los Angeles and Riverside counties by early 2025. This expansion aims to make e-filing accessible across California, ensuring that filing parties can submit documents remotely from anywhere in the world, enhancing convenience and accessibility for all.
Common Rejection Issues and How to Avoid Them
In recent years, rejection rates have fluctuated, with 2022 data showing an average of 12.5% statewide. In Sacramento County, from January to October 2024, the Civil Division processed 92,865 filings with a 5% rejection rate, while the Probate Division handled 10,822 filings with 11% rejected.
Rejections are frequently caused by simple oversights, such as missing case data, incorrect document selection, or missing fees. Understanding local rules and fee schedules is essential to avoid costly, time-consuming rejections. Below are the most common reasons for rejections and how to prevent them:
• Missing Case Data: Ensure all participants, attorneys, and relevant sub-data are correctly inputted.
• Incorrect Document Type: Select the document title that best fits your filing. Errors here often result in rejections. Check the court’s website for a list of document titles, where available.
• Fee Discrepancies: Ensure the document aligns with required fees. Missing fees can lead to instant rejection.
• Document Exempt From E-Filing: Make sure the document can be filed electronically. This is the top reason for rejections in Probate.
Error Codes frequently pop up on customers with information on what is missing. Unfortunate-
ly, there is no uniform list of error codes, so when you do get one, it’s best to immediately reach out to your EFSP.
Tips and Tricks for Successful E-Filing
Below are some key strategies to make the e-filing process smoother and reduce the chance of rejection:
1. Review Local Rules and Fees: Each county may have specific filing rules and fee schedules. Familiarize yourself with these to avoid unexpected fees or rule violations.
2. Avoid Run-On Documents: Courts require each document to be saved separately, in PDF format. For example, stipulations and orders should be filed as individual documents and not bundled together.
3. Use Accurate Document Titles: Naming documents thoughtfully can prevent confusion. For example, rather than naming a document “Reply Declaration,” which could be misfiled, consider a clear title like “Declaration in Support of Motion.”
4. Concierge E-Filing Services: Some EFSPs offer “concierge” services, where a representative handles the filing, helping reduce errors and avoid common pitfalls.
5. Save Progress and Double-Check Entries: Many EFSP platforms allow you to save your work and return later. Use this to your advantage to review all data and attachments before submission.
6. Contact Clerk’s Office if Needed: If in doubt, reach out to the court’s clerk for guidance. They can often clarify document titles or suggest “generic” titles if the specific one you need is unavailable.
7. Time-Sensitive Filings: For Continued on page 25
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Court Reporter Chicken
By Larry Doyle
Ihave always thought of civil disobedience in terms of individuals – Mahatma Gandhi, Rosa Parks, Martin Luther King, Jr. – the noble individual who intentionally and peacefully violates a bad law (or many bad laws) and gets themselves tossed in jail to demonstrate the badness and unfairness of the law.
Rarely, if ever, do we think of civil disobedience in terms of actions taken by one branch of government against another (judicial vs. legislative branch). But this is one of those occasions as two of California’s courts, including the largest (Los Angeles County Superior
Larry Doyle, veteran of decades of experience with the California Legislature, including 18 years as Chief Legislative Counsel for the California State Bar, former member of the State Bar’s Committee on Professional Responsibility and Conduct, and currently a staffer for the SCBA. He can be reached at larry.doyle@sacbar.org.
Court), have directly challenged Government Code §69957 by issuing orders relating to electronic recording of proceedings which are directly contrary to the statute.
The appeals process in California is based in large part on an accurate record of the court trial that is being appealed. As the California Supreme Court held in Jameson v. Desta (2018) 5 Cal.5th 594, 608609, “it is a fundamental principle of appellate procedure that a trial court judgment is ordinarily presumed to be correct and the burden is on an appellant to demonstrate, on the basis of the record presented to the appellate court, that the trial court committed an error that justifies reversal of the judgment.”
The problem is that in most cases, these verbatim records only can be prepared by certified court reporters, and the number of certified court reporters in California has been shrinking despite the efforts of the Legislature and the Courts to entice new ones to join their ranks. In 2023 alone, the Los Angeles Superior Court held 332,000 hearings for which there was no verbatim
record made. The Santa Clara Superior Court cites 56,000 such hearings, unless the parties brought their own court reporters. Sacramento Superior Court appears to be one of the few in the state with enough court reporters to cover all mandated cases and a few more to cover other cases.
One seemingly obvious solution to this problem is to authorize the use of electronic recording to prepare verbatim records of trials. For years – no, decades – efforts have been made to allow this to happen. Thirty or forty years ago, the argument against had to do with the lower quality of the recording equipment and the inaccuracy of the recordings. Transcripts prepared by certified shorthand reporters were the “gold standard” for accuracy, and nothing else was seen to meet the standards required for effective justice.
Over the years, the technology of recording court proceedings has improved radically. But the demographics of court reporters haven’t changed. Worse, it has become harder and harder to recruit
and train new court reporters to replace those who have moved on. According to the Legislative Analyst’s office, the availability of court reporters has suffered a 26% decline over the past 14 years. And many of the few remaining may be approaching retirement.
The Legislature has taken some steps over the years to reduce the impact of the court reporter shortage. The law has been changed to authorize the use of electronic recording in infraction, misdemeanor, limited civil and Jameson civil court proceedings (granting free court reporter services to low-income people with a fee waiver).
The Legislature also has authorized the use of voice writing, a type of transcription that doesn’t require the use of stenography.
Probably more importantly, electronic recording was seen as a threat to the employment of court reporters who were wellpaid, mostly women, and well-organized. This brings organized labor, the most powerful force in California politics, into the fray.
The last legislative attempt to authorize widespread electronic recording of court proceedings, SB 662 (Rubio) of 2023, tells much of the story. The support for the bill was made up of a broad cross section of the justice community – the Judicial Council, many legal aid organizations, many local and specialty bar associations, the Superior Court of Los Angeles, etc. – more than 44 in all, plus 212 individuals. Opposition to the bill consisted of SEIU California, AFSCME California, the California Court Reporters Association and a few other labor organizations, plus 10 individuals.
The bill failed, of course –though not in the usual way. SB 662 actually made it through its
first two committees, Judiciary and BP&ED (Business, Professions & Economic Development) without a negative vote. But it was then sent to the Senate Appropriations Committee and placed in the “Suspense File,” that mysterious location where bills go to die for reasons unspoken.
That did not end the story, however. In September, the presiding judge of Los Angeles County Superior Court issued an order allowing clerks of the court to immediately begin using electronic recording equipment in family law, probate and unlimited jurisdiction civil proceedings when no court reporters were available and the matter involved “significant legal and/or factual issues.”
The order is directly contrary to Government Code §69957, which quite specifically prohibits the use of electronic recording except in limited civil and misdemeanor cases, or for internal monitoring purposes – and then only when an official court reporter is unavailable.
Then, on November 14, the Santa Clara County Superior Court did almost exactly the same thing, authorizing courts to utilize electronic recording when a court reporter is not available and fundamental interests are at stake, which means that two of the state’s largest courts have effectively told the Legislature to pound sand in the interest of justice.
The question is: What happens next? Lawsuits against the courts – or the PJ’s? Legislative enactment of urgency legislation seeking to reaffirm the authority of the statute? It’s like a game of chicken between governmental branches. Which will blink?
Continued from page 21
deadline filings, such as complaints approaching the statute of limitations, adding a note for the clerk can be critical. A suggested note could read: “This filing is time-sensitive and has been submitted in advance of the applicable deadline. We kindly request that you please process it promptly. We will address and correct any errors, if necessary, at a later time.” While this is no guarantee that a clerk will accept a filing, including this message signals the urgency to the clerk and may allow for minor corrections later without risking the filing’s timeliness.
8. File Early, Even with E-Filing: While e-filing allows for filings late in the day, it’s best to file early, especially when close to a deadline. The electronic filing system, managed by the JTI platform, can sometimes experience issues, meaning there’s no absolute guarantee that your filing will be received by the court unless and until you receive notice of its transmittal to the court. Filing early minimizes the risk of unexpected technical issues and ensures you have the opportunity to address them with your EFSP should they arise.
Conclusion
E-filing has streamlined legal processes and improved access across California’s courts, though the transition has presented its share of challenges. By familiarizing yourself with available resources and following best practices, you can avoid common errors and make the most of California’s e-filing system. With continued expansion and improvements, the state’s e-filing platform is poised to offer even greater accessibility and efficiency in the years to come.
None of this should be taken as legal advice. You’re the attorney, I am not. Happy filings.
ABAS Law Foundation Honors Toso Himel
By Justice Shama Hakim Mesiwala and Jerilyn Paik
Jerilyn Paik formed the ABAS Law Foundation in 1997 and has been serving as its Treasurer since 1999. She is a past president of WLS.
Jeri is a solo practitioner and is a certified specialist in probate, estate planning, and trust law.
On August 22, the ABAS Law Foundation honored its immediate past president, Toso Himel, with a banquet at the Asian Pearl restaurant filled with 150 of his dearest friends in a packed house. Justice Shama Hakim Mesiwala served as emcee.
The ABAS Law Foundation was formed in 1997. It is the charitable arm of the Asian/Pacific Bar Association of Sacramento (ABAS), and its purpose is to administer law-related educational and charitable projects and to give scholarships to Asian/Pacific Islander (API) law students, six of whom were recognized at the banquet.
Yoshinori H. Toso Himel (“Toso”) served as president of the
and Associate Justice at the Third District Court of Appeal.
Emcee Justice Shama Mesiwala, Roger Yang.
Justice Shama Hakim Mesiwala is a co-founder of SABA of Sacramento
Photos by Jessica K. Wilson Photography
ABAS Law Foundation from 2000 through 2023. Many are aware of his contributions during his tenure as president, such as his support and guidance in fundraising and obtaining many of the grants awarded to the Foundation. This article will give you a glimpse of Toso’s story.
On the day World War II ended, an interracial couple—a Nisei woman and a white man, whose marriage was banned in most states—named their firstborn son after Chief Justice Harlan Stone. Justice Stone was the author of Korematsu v. United States (1944) 323 U.S. 214, which held that the nation could constitutionally incarcerate Japanese Americans because of their race. After a childhood trying to make sense of who and what he was, that firstborn son was now in his early 20s and changed his name to “Toso,” the Japanese verb “to struggle,” and began his journey to become the person we know today as Yoshinori Harlan Toso Himel.
At the time of his name change, Toso quit a sociology Ph.D. program citing “lack of relevance,” met Barbara Takei at a “struggle session” convened by radical theoretician Grace Lee Boggs and began considering a career in law to make social change.
The catalog of the newly established School of Law, University
of California Davis, beckoned, featuring law students using their skills to serve underserved communities. That was exactly what Toso was looking for, and it was the only law school to which he applied. When Toso arrived at King Hall, it was a time of dramatic social and political change, and he relished the law school’s diversity. It was there he met his lifelong friend Jerry Chong.
Graduating Order of the Coif, Toso clerked at the United States Court of Appeals for the 4th Circuit, then joined the U.S. Department of Justice Civil Rights Division and traveled the country to litigate school desegregation cases. In 1979 he moved to the U.S. Attorney’s Office in the Eastern District of California. As an Assistant U.S. Attorney in the Civil Division, he litigated cases involving torts, tax, water, federal lands, and the National Environmental Policy Act, retiring in 2014. He remains the attorney with the longest tenure at that office. During his last decade there, Toso chaired the Special Emphasis Program, arranging speakers who raised topics of diversity and inclusion to attorneys and administrative staff.
After settling into his career in Sacramento, Toso gathered the first members of what became ABAS, by culling a few
Asian-sounding names from the phone book and law school contacts. As ABAS founding president, he called on Dale Minami , who had just launched the Asian Law Caucus in Oakland, to keynote the ABAS inaugural dinner. Over 30 years later, Dale delivered a beautiful video message played at the Asian Pearl recounting their long-lasting friendship. Coming full circle, Toso’s son, attorney Carl Takei , is now working for the Asian Law Caucus. By the 1990s, Toso was working on API empowerment with newly-elected ABAS President Jerry Chong, and Toso began writing the ABAS monthly newsletter, NOTA BENE—Notes to Asian Lawyers. The newsletter focused attention on API community and legal matters, helping to showcase the growing impact of API lawyers.
A growing number of API attorneys helped ABAS develop into a strong affiliate of the Sacramento County Bar Association. During these years, Toso served as president of the Asian/Pacific Bar of California and helped organize the National Asian Pacific American Bar Association, which honored him as its trailblazer for his writing and organizing work in Sacramento.
ABAS’s growth led to the need to create a separate fundraising entity,
Jason Jong, Alexis Phan, Josh Kaizuka.
Carl Takei, Toso Himel, Barbara Takei.
the ABAS Law Foundation, which was incorporated by Jerilyn Paik in 1997. Jeri has been serving as the Foundation’s chief financial officer, all during Toso’s leadership. Annually, the Law Foundation raised hundreds of thousands of dollars in scholarships. This year (2024), Mike Iwahiro assumed the Law Foundation’s presidency and continues work to encourage and support law students pursuing legal careers that focus on social justice. At the August banquet honoring Toso, the Foundation awarded six scholarships to law students from King Hall, McGeorge, and Lincoln law schools.
After retiring from the practice
of law, Toso had time for other pursuits, including teaching a course on civil litigation at King Hall and publishing a 2016 law review article in the Seattle Journal for Social Justice, entitled “Americans’ Misuse of ‘Internment’.” The article clarifies “internment” as a term of international law, and that the unlawful incarceration of Japanese Americans in WWII cannot be called an “internment” under the correctly understood definition of the word. The article has significantly affected the terminology used by the National Park Service and national organizations, and has been an authoritative source for historians, mu -
seum planners, journalists, and editors.
As Dr. Martin Luther King reminds us, “the arc of the moral universe is long, but it bends toward justice.” Toso has dedicated his life to bending that arc. The Foundation’s banquet in August was a chance for us to celebrate Toso’s life that continues to do just that. And that banquet would not have happened without our planning committee, to which we express our deep gratitude: Jeannie Lee Jones, Mike Iwahiro, My Tien Doan, Yoon-Woo Nam, Josh Kaizuka, Jerry Chong, Jessie Morris, Jerilyn Paik, and Justice Shama Mesiwala.
Justice Ronald Robie, Fresno Judge Pahoua Lor, Judge Russell Hom (Ret.), San Joaquin County Supervising Judge Jayne Lee, Judge Stephen Lau, United States District Judge Anthony Ishii (Ret.), Judge Rei Onishi, Justice Shama Hakim Mesiwala, Supervising Judge Kara Ueda, Judge Renard Shepard (Ret.), Yolo County Judge Dee Brown.
Organizers Jeannie Lee Jones, My Tien Doan.
Jeff Ogata, Jerry Chong, Judge Renard Shepard, Ret., Judge Charles Kobayashi, (Ret.), Jessie Morris, Clement Kong, Toso Himel (front row).
MEMBER HIGHLIGHT
Bruce M. Timm
Bruce M. Timm is a shareholder and the current Chair of the Employment Law Group at Boutin Jones Inc. His practice focuses on litigating employment disputes in state and federal courts, as well as before administrative agencies. Bruce served as SCBA President in 2013.
QUESTION: What drew you to your current area of law, and what do you enjoy most about it?
ANSWER: I was drawn to employment litigation at the beginning of my career because of the challenge, variety, and relatability of the cases. Employment law is constantly evolving with new laws enacted each year, and cases coming down from the courts of appeal with tremendous frequency. I enjoy the challenge of staying abreast of the developments in my field. The fact patterns in my cases are interesting, occasionally outrageous, and easy for just about anyone who has had a job to identify with. There is also a good rapport between the plaintiff and defense bars which I very much appreciate.
QUESTION: What advice would you offer to young or aspiring attorneys starting their careers?
ANSWER: Do your best to discern which area of law you are truly passionate about, and don’t select a job simply because it pays the most money. These decisions are best made as early as possible, as it becomes far more difficult to shift gears once you develop an expertise and become accustomed
to a particular lifestyle. Further, try to remain professional and civil throughout the adversarial process, which is not always easy. Some of my biggest regrets involve situations where I was too rough with opposing counsel. Every one of those situations offered a more professional and civil course of action that I overlooked in the heat of the moment. In this era of Zoom and e-mail communications, picking up the phone or meeting personally in a more casual environment goes a long way. Finally, make sure that you reflect on how fortunate we are to be a part of this profession, and what an honor it is to be called upon by a client, despite many other options, to guide them and solve their problems.
QUESTION: Can you tell us about your family and how you balance your personal and professional life?
ANSWER: I have been married for twenty-four years and have two daughters, ages twenty-one and nineteen. My wife has a career outside of law, and both of my girls are in college. Because my practice is very time-consuming, I do not spend as much time with my fam-
ily as I would like. I have tried to compensate for this by focusing on the quality of the time I have and ensuring that I am not distracted when I am with my family. My Catholic faith, family, and friends are all instrumental in finding an appropriate work/life balance. I also believe daily exercise is critical in handling the stress of my practice.
QUESTION: Are there any parts of being a lawyer that you find particularly challenging?
ANSWER: The arbitrariness of the process. Clients looks for certainty, but the process does not lend itself to certainty. You can file a motion and prevail before one judge, only to lose the very same motion before another. A trier of fact could decide your case favorably in one venue but find against you on the same law and facts in a different venue. The challenge is to accept the arbitrary nature of litigation and do your best to work within it.
QUESTION: What do you find most rewarding about your work as a lawyer?
ANSWER: Solving problems for my clients, whether that is pre-
vailing in litigation or resolving a case on favorable terms to avoid the stress, costs, and uncertainties of the court process. Clients come to us with many other options for representation, often with considerable anxiety about the prospects of litigation. It is incredibly rewarding to use my experience and skills to solve problems in a manner consistent with my client’s objectives. I also enjoy practicing in an area where there is always something to learn and a skill to sharpen. All of this makes the hard work worthwhile.
QUESTION: What do you see as some of the biggest challenges lawyers face today?
ANSWER: While I am not sure if it is the biggest challenge, a particular issue that concerns me is the hesitancy of lawyers and law firms to represent unpopular or controversial clients, or to speak out against unfairness and injustice when such actions might be perceived as contrary to the views of the majority. We are practicing in a time where lawyers face significant risks, including reputational harm from our current cancel culture, if they are merely perceived as championing the wrong side of a political issue. This presents serious societal risks since lawyers are uniquely situated to identify and address injustice. Most of us pursued careers in law after being inspired by those heroes who represented unpopular clients in the face of tremendous personal harm. We should support colleagues who don’t shy away from acting with courage, even if we disagree personally with their positions. We need to return to a place where we can discuss, debate, and fiercely disagree with each other in a spirit of friendship and civility.
QUESTION: How has the Sacra-
mento County Bar Association impacted your practice or influenced your career path?
ANSWER: The SCBA continues to positively impact my career in many meaningful ways. The networking opportunities are invaluable. I have not only established close friendships through the SCBA, but have also received many client referrals from the network of SCBA attorneys. The SCBA also offers multiple ways to give back to the community through various volunteer opportunities. One of the benefits in working on these volunteer committees or projects is that you are provided a window into the character of other attorneys, as you observe their work ethic, reliability, and talent in situations that provide no compensation or recognition. I have found these experiences invaluable in helping guide my decisions on which lawyers to recommend to potential clients. Further, the mentorship opportunities and continuing education are fantastic. I have
received inspiration and guidance from many SCBA members who have helped shape my career. The SCBA became very near and dear to my heart in 2013 when I served as President. To this day, I consider 2013 to be one of the most enjoyable and fulfilling years of my career. Because of the help I received from so many attorneys over that year, I still find it almost impossible to say no whenever I am asked for assistance by the SCBA.
QUESTION: What hobbies or activities do you enjoy when you’re not practicing law?
ANSWER: I tend to spend most of my time away from law continuing to read. I enjoy reading about spirituality, politics, current events, U.S. history, self-improvement, and trial practice. I grew up playing junior and college tennis, and I occasionally get out on the courts. However, I have found that the more time I spend developing my legal skills, the worse my tennis game becomes.
Lawyer
UNEQUAL PAY: 15 Years Since Ledbetter
By Kathryn E. Meola (special thanks to Heather G. Fuchs for her contributions to this article)
Kathryn (“Kathy”) Meola is a Senior Partner with Atkinson, Andelson, Loya, Ruud & Romo and she is the 2024 President of Women Lawyers of Sacramento. Kathy provides legal representation and general counsel advice to public agencies, community college districts, K-12 districts and county offices of education in all aspects of labor and employment matters, including Board governance, open meeting laws, ethics and conflicts of interest. She can be reached at kathryn.meola@aalrr.com.
Reviewing inequities affecting women in my lifetime:
• Until 1970: Women could not file for no-fault divorce. Only men could file for no-fault divorce.
• Until 1970: Businesses could ban women from certain jobs for arbitrary reasons. For example, many magazines banned women from being reporters.
• Until 1970: Businesses could ban married women and fire any female employee who got married. For example, most US airlines required flight attendants to be single. The day they got married they were fired.
• Until 1971: State laws in many states banned women from serving alcohol.
• Until 1971: Most states banned women from practicing law.
• Until 1971: Businesses could ban women who had children from working for them, or fire women who had children. (Men with children were not,
of course, banned or fired.)
• Until 1972: Women in many states could not file a police report of rape unless they had a male eyewitness to corroborate.
• Until 1972: Educational institutions could bar women.
• Until 1972: Many states had socalled “common scold” laws, which allowed police to arrest ‘quarrelsome or troublesome women.’
• Until 1973: The military did not offer equal pensions to women.
• Until 1974: Banks could refuse to offer loans, credit cards, and mortgages to women simply because they were women.
• Until 1975: Marital rape was legal in all 50 states. A husband could never be charged for raping his wife.
• Until 1975: Many states and cities banned women from serving on juries.
• Until 1975: Women could not enter Federally supported pub-
lic military academies.
• Until 1978: Women could not serve aboard Navy vessels.
• Until 1981: Women in most Southern states had no control over joint marital property. Upon marriage, a woman’s property and all joint property was controlled exclusively by the husband.
• Until 1994: Many states allowed attorneys at trial to preemptively remove women from jury pools.
• Until 1996: Private and state-supported military academies could refuse to accept women.
• Until 2015: Women could not take some military combat jobs. On October 14, 2024, Lilly Ledbetter died at the age of 84 — over 25 years since she first sued her employer for compensation discrimination. Although the Supreme Court ruled against Ledbetter and severely restricted the time period for filing complaints of em-
Lilly Ledbetter
ployment discrimination concerning compensation,1 her efforts ultimately led to the Lilly Ledbetter Fair Pay Act of 2009, which overturned the Court’s decision when it was signed into law by President Obama.
The Act recognizes the “reality of wage discrimination” by allowing challenges to a wide variety of practices that resulted in discriminatory compensation, including base pay or wages, job classifications, noncompetitive promotion denials, tenure denials, and failure to respond to requests for raises.2 Crucially, it also allows claims for every unequal paycheck received, rather than only 180 days from the first paycheck.
Given this victory, one would also assume that the trajectory of equal pay would have steadily decreased the wage gap since 2009. Sadly, and frustratingly, this is not the case. In the 15 years since the Act was signed, the wage gap for women overall who work fulltime, year-round has closed by a mere 7 cents 3 This averages to less than half a penny per year, causing women to lose nearly $400,000 over the course of a 40-year career.4
And that’s white women. Wom-
en of color see even higher discrepancies, with Black, Latinx, and Native American women paid 63%, 55%, and 59%, respectively, what white men are paid.5
This does not even include the costs of childcare and the effects of part-time or temporary gaps in work women must disproportionately sacrifice to raise children. Between female employees with comparable education levels and occupations, a woman with children earns substantially less than one without children. For every child under five years old, a white woman’s “motherhood penalty” is 15%.6 For Latinx women the penalty is 18%, and for Black and Native American women, the penalty is 20%.
Employees subject to the motherhood penalty face other challenges in the workforce, such as being bypassed for hiring and/or promotion decisions compared to employees without children. Childcare costs also disproportionately burden women’s earnings, and again, women of color are especially affected by barriers to affordable childcare and the associated loss of income.
With these depressing statistics,
and little hope of assistance coming from the federal government or courts, it is helpful (and hopeful) to look to California, and our own Sacramento, for signs of progress — specifically, representation. California’s state Senate will be at least 50% women for the first time in history and, depending on a few undecided races, the state Legislature overall could reach gender parity for the first time.7
As with many things, it may be helpful to take a holistic approach to tackling these issues. With legislative trends like pay transparency and increased discussions around universal, affordable childcare, there are various ways to help support and lift women up beyond the number on their paychecks (although, to be clear, that’s still a big priority). Ideally, increased representation in our legislative bodies will help accelerate our progress toward filling these gaps in pay and other gendered inequities.
“This is not a Republican or Democratic problem; it’s the whole country’s problem. [. . .] When I hear women tell me that they don’t have enough food for their children by the end of the month even though they’re working two jobs, it breaks my heart. This country’s better than this.”8
-- Lilly Ledbetter
ENDNOTES
1 Ledbetter v. Goodyear Tire & Rubber Co., Inc., 550 U.S. 618 (2007).
2 Equal Pay Act of 1963 and Lilly Ledbetter Fair Pay Act of 2009 | U.S. Equal Employment Opportunity Commission (eeoc.gov)
3 2023-Wage-Gap-Factsheet.pdf (nwlc.org)
4 The Lifetime Wage Gap, State by State - National Women’s Law Center (nwlc.org)
5 Race and the Pay Gap – AAUW; The Wage Gap by State for Native American Women
6 The Build Back Better Plan Would Reduce the Motherhood Penalty (tcf.org)
7 2024 Election: California Voter Guide (calmatters.org)
8 Lilly Ledbetter Fair Pay Act’s 15th Anniversary—The History And Impact (forbes.com)
SABA of Sacramento Hosts Its Seventeenth Annual Diversity Law Student Reception
By Justice Shama Hakim Mesiwala
Photos by Lexi Howard
The South Asian Bar Association (SABA) of Sacramento hosted its Seventeenth Annual Diversity Law Student Reception in Justice Shama Hakim Mesiwala’s Davis backyard and front yard on September 14. The reception was attended by over 250 law students, judicial officers, and attorneys and provided an informal setting to mingle over Indian pizza and iced lemonade.
SABA was honored by the attendance of Chief Judge Troy Nunley, Judge Dan Calabretta, Judge Kirk Sherriff, and Magistrate Judges Chi Soo Kim and Ken Newman (Ret.) from the U.S. District Court, Eastern District of California; Presiding Justice Laurie Earl, Justice Ron Robie, Justice Harry Hull, Justice Stacy Boulware Eurie, and Justice Bill Murray (Ret.) from the Third District Court of Appeal, Presiding Judge Bunmi Awoniyi, Judge George Acero, Judge Robert Artuz, Judge Stephen Acquisto, Judge Jaya Badiga, Judge Ken Brody, Judge Alin Cintean, Commissioner Marlene Clark, Commissioner Ryan Davis, Judge Jeff Galvin, Judge Renuka George, Commissioner Alicia Harley, Judge Misha Igra, Judge Andi Mudryk, Judge Rei Onishi, Judge Jennifer Rockwell, Judge Satnam Rattu; Judge Myrlys Stockdale Coleman,
Justice Shama Hakim Mesiwala is a co-founder of SABA of Sacramento and Associate Justice at the Third District Court of Appeal.
Jasmine Crawford, Aisha Khan, Judge Kara Ueda.
Judge Barbara Kronlund, Kibbe Day, Mike Kronlund, Shafeeq Sadiq, Sadia Sadiq.
Commissioner Martin Tejeda; Judge Raoul Thorbourne (Ret.), Judge Julie Weng-Gutierrez, Judge Kara Ueda, and Judge Emily Vasquez (Ret.) from Sacramento County Superior Court; Judge Sonia Cortes, Judge Dan Wolk, Judge Dee Brown, Judge Clara Levers, and Commissioner Catherine Taylor from Yolo County Superior Court; Presiding Judge (Placer County) Alan Pineschi, Judge Suzanne Gazzaniga, Judge Garen Horst, Judge Trish Hirashima, Judge Leon Dixson, and Commissioner Christina Dehr from Placer County Superior Court; Judge Michael Rhoads from San Francisco County; Judge Vinita Bali from Santa Clara Superior Court; Judge Barbara Kronlund, Judge Jayne Lee, Judge Danielle Ramirez, and Judge Gurjit Srai from San Joaquin Superior Court; Judge Clare Keithley from Butte County Superior Court; and Commissioner Cynthia Loo from Kern County Superior Court. The reception was generously underwritten by UC Davis School of Law (whose Dean Jessica Berg and Dean of International Programs Beth Greenwood attended), Pacific McGeorge School of Law and Lincoln School of Law.
Justice Stacy Boulware Eurie, Judge Clare Keithley, Steve Hirsch.
Justice Ron Robie, UC Davis Dean Jessica Berg, Associate Dean Beth Greenwood, Administrative Law Judge Alberto Rosas.