Sacramento Lawyer Magazine by Sacramento County Bar Association

November/December 2014

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

Arthur G. Scotland The SCBAâ&#x20AC;&#x2122;s 2014 Distinguished Attorney of the Year

Earn MCLE Credit

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Photo by Mark Long, Eleakis & Elder Photography

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CONGRATULATIONS! Mastagni Holstedt would like to congratulate our friend and colleague Justice Arthur Scotland for being chosen the Sacramento County Bar Association’s Distinguished Attorney of the Year.

Protecting your rights is our commitment for over 40 years in all of California. Personal Injury • Wage and Hour Law • Contract Negotiations • Catastrophic Injuries Workers’ Compensation • Social Security Disability • Employment Law • Negligence Motor Vehicle and Aviation Accidents • Products Liability • Public Safety/Employee Labor Law 1912 I Street, Sacramento, CA 95811 916.446.4692 • Toll Free 800.852.7581 www.mastagni.com

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EDITOR’S MESSAGE

What to Do by Betsy S. Kimball

Betsy Kimball and Gladys Kiranka, Kenyan university student and Betsy’s friend since 2004 EDITOR-IN-CHIEF Betsy S. Kimball bkimball@kimballwilson.com STAFF EDITORS Ellen Arabian-Lee, Bryan Hawkins, Heather Cline Hoganson, Maureen Onyeagbako

Kenya

MAGAZINE COMMITTEE Betsy S. Kimball, Samson R. Elsbernd, David Graulich, Coral Henning, Heather Cline Hoganson, Yoshinori H.T. Himel CREATIVE DIRECTOR Mary J. Burroughs (916) 564-3780 - mburroughs@sacbar.org PRODUCTION DESIGN Milenko Vlajsavljevic

we did one of those cool word clouds for B.J. Susich’s President’s messages and my Editor’s messages over the past year, I’ll bet that the words “needs,” “involved,” and “service” would be prominent. As B.J. and I have said again and again, there are so many needs, but also so many ways that we, the privileged of this community, can get involved and give service. This magazine takes a lot of my time. So I have decided to take a personal privilege and tell you about something that is important to me. Ten-plus years ago, I took my then-adolescent daughter to Kenya for the first time. We had a brief look at the lives of a community of rural Kenyan girls. This included listening to an explanation of FGM as a part of the “coming of age” ceremony for Massai girls, how many girls are married off to older men after “coming of age,” and how difficult it was (and is) for girls to continue school after 8th grade. Fast forward 10-plus years. I work with a small grassroots

501(c)(3), BEADS for Education, educating girls. That is why I go to Kenya in January. Education is life-changing. Girls whom I first met 10 years ago are now graduating university, choosing a husband for themselves, running businesses, raising sons and daughters – all their choice. It has been the embodiment of the Biblical injunction“teach a (wo)man to fish.” Want to change an African girl’s life? Call me or see BEADSforEducation.org. Want to improve a local boy’s life? Become a CASA volunteer or a Big Brother. I asked many of the people who have contributed to this magazine over the past year to name their favorite giving organizations. Some of their responses are on the next page. Their favorites are every bit as worthy as mine. And there are hundreds of others not mentioned here. It is the season of offering -- your hand, your home, your time, your money to a child, a dog, our environment. Please let that be something you do this season. Happy holidays.

SACRAMENTO LAWYER | November/December 2014 | www.sacbar.org

ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 - scba@sacbar.org SCBA OFFICERS B.J. Susich - President Angela Lai - 1st Vice President Heather Hoganson - 2nd Vice President Sabrina Thomson - Secretary Treasurer SCBA EXECUTIVE DIRECTOR Mary J. Burroughs - mburroughs@sacbar.org

Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 1329 Howe Avenue, #100, Sacramento, CA 95825. Issn 1087-8771. Annual subscription rate: $6.00 included in membership dues, or $24.00 for nonmembers. Periodicals postage paid at Sacramento, California. Postmaster: Send address changes to Sacramento Lawyer, 1329 Howe Avenue, #100, Sacramento, CA 95825. Copyright 2014 by the Sacramento County Bar Association. Each author’s commentary reflects his/her individual opinion only and not that of his/her employer, organization with which he/she is affiliated, or Sacramento Lawyer magazine, unless otherwise stated.

FAVORITEORGANIZATIONS My Sister’s House - the first and only non-profit providing a culturally appropriate and responsive safe haven for women and children victimized by domestic violence, sexual trafficking, and sexual assault … www.my-sisters-house.org/ Angela Lai

Perfect . t f i g y a d i l o H

Chidamoyo Christian Hospital - an “amazing health care center” in the bush of Zimbabwe, started 32 years ago and run by a UCSF graduate nurse practitioner. It provides services to about 5,000 patients a month, not including out-reach clinics for vaccinations, TB and AIDs treatment, other much needed services … www.chidamoyo.org/ Lori Gualco The American River Parkway Foundation - keeps 46 miles of American River shoreline clean and accessible now and for generations to come … http://www.arpf.org/ B.J. Susich Bridgette’s Dream and W.E.A.V.E. - two organizations on the front lines of the fight to stop human trafficking … http://www.bridgetsdream.org/ and http://www.weaveinc.org/ Alana Mathews Homeward Bound Golden Retriever Rescue - an all-volunteer organization which rescues and heals in-need Golden Retrievers and Golden mixes. Lifetime sanctuary to dogs who cannot be adopted … http://www.homewardboundgoldens.org/ Mary Burroughs

by Geoffrey Burroughs It was a dream, a forty-five year old female as managing partner of one of the most prestigious business law firms in Sacramento, and Marta was that person. An opportunity to implement changes she’d lobbied for as she moved up in the firm. But the firm was starting to unravel - as soon as she grabbed one string, two more appeared just out of her reach...

Loaves & Fishes Mustard Seed School – providing a free, private school for children in a safe and nurturing environment, and getting kids integrated back into a school structure … http://www.sacloaves.org/programs/mustardseedschool Heather Hoganson 916Ink - promoting children’s literacy, K-12, especially for underserved communities … http://916inksacramento.wordpress.com/ Anonymous Loaves and Fishes - Loaves and Fishes does an extraordinary job at giving dignity and nourishment to the downtrodden … http://www.sacloaves.org/ Brendon Ishikawa Women’s Wisdom Art - a place for women to heal through “doing art,” dedicated to promoting the art of low income women [see the cover of the November/December 2013 issue of the Sacramento Lawyer] - http://www.womenswisdomart.org/ Anonymous Public Radio (both Capital Public Radio & NPR) - for the in-depth coverage of political, social, and cultural developments, and The Nature Conservancy for buying or, when impossible, creatively preserving sensitive habitat … http://www.capradio.org/ and http://www.nature.org/ Ken Mennemeier Senior Legal Hotline - Many seniors have so many legal questions, so there is a great need for attorney volunteers. SLH is part of Legal Services of Northern California … http://lsnc.net/ Ken Malovos

DESTINY ANSWERS

by Geoffrey Burroughs Spencer watched the flaming kamikaze pass over the bridge of the battleship. Thirty feet lower and the bridge would have been an inferno of twisted metal. The captain and staff of the Texas watched the remains of the Japanese Betty bomber create a swirling vortex as it disappeared into the ocean. There was another Japanese plane coming...

Sacramento Author:

Geoffrey Burroughs Books are available in Print and Kindle formats on:

www.sacbar.org | November/December 2014 | SACRAMENTO LAWYER

The Sacramento County Bar Association Would Like to Thank the Sponsors of the

2014 Annual Bench-Bar Reception PLATINUM

GOLD

SILV ER • Angelo Kilday & Kilduff, LLP • Capitol City Trial Lawyers Association• Delfino Madden O’Malley Coyle & Koewler LLP • Doug Rothschild Injury Lawyers • Esquire Deposition Solutions • Hanson Bridgett • Law Offices of Kevin Adamson • Leonard M. Friedman Bar Association • M.O.A. Deposition Reporters • Nielsen Merksamer Parrinello Gross & Leoni LLP • Palmer Kazanjian Wohl Hodson LLP • Renee Sloan Holtzman Sakai LLP • Rivera & Associates • Stoel Rives LLP • UC Davis School of Law • University of the Pacific, McGeorge School of Law • Wilke Fleury Hoffelt Gould & Birney LLP

BRO N ZE • Asian/Pacific Bar Association of Sacramento • Barristers’ Club of Sacramento • Best Best & Krieger LLP • Capitol Digital and Califorensics • Felderstein Fitzgerald Willoughby & Pascuzzi LLP • Jacobsen & McElroy PC • JAMS • Johnson Schachter & Lewis • Kimball & Wilson LLP • Law Offices of Kaizuka & Valcarenghi • Law Office of Lorraine Gingery • Law Office of Mary-Alice Coleman • Lewis Brisbois Bisgaard & Smith LLP • Murphy Austin Adams Schoenfeld LLP • Officers & Directors of St. Thomas More Society • Porter Scott • South Asian Bar Association of Sacramento • Timmons Owen Jansen & Tichy, Inc. • Ungerman Law Offices • Wiley W. Manuel Bar Association

SACRAMENTO LAWYER | November/December 2014 | www.sacbar.org

CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

NOVEMBER/DECEMBER 2014 VOLUME 115, NUMBER 6

COVER STORY 18 Art Scotland, the SCBA’s 2014 Distinguished Attorney of the Year FEATURE STORY 26 One to Watch: Sacramento County Superior Court Judge Michael G. Bowman EVENTS 16 Bench-Bar Reception: Attendance Record, Support by Paralegals, Two California Supreme Court Justices 27 Inaugural Party for a Cause Celebrates Pro Bono THE VIEW FROM THE CIVIL BENCH 10 Posting Jury Fees by Sides: The Impact of Changes to Code of Civil Procedure Section 631 on Last Minute Motions Affecting the Right to a Jury Trial ETHICS

28 The Ethical Lawyer, the Rules of Professional Conduct, Rule 2-100 29 MCLE Ethics Test No. 2 LAW LIBRARY NEWS 14 Spotlight on the Collection: Practice Guides in Print and Electronic Formats SECTION, AFFILIATE & BARRISTERS NEWS 23 St. Thomas More Society, Sacramento Honors Vicki Jacobs with its Annual Integrity Award

24 Legal Fusion 2014 – A Night of Celebrations, Camaraderie, and Commendation 32 SacLEGAL Hosts Welcome Dinner for King Hall and McGeorge 33 Barristers’ Club Update 34 SABA of Sacramento Hosts its Seventh Annual Diversity Reception

DEPARTMENTS 4

Editor’s Message

President’s Message

30 Restaurant Review – Moxie Restaurant, All that the Name Implies 34 Index of Advertisers

November/December 2014

Arthur G. Scotland

Earn MCLE Credit

Photo by Mark Long, Eleakis & Elder Photography

New 2015 SCBA Membership Application

www.sacbar.org

Sacramento Lawyer magazine 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 sent in for publication. Please contact the SCBA at 916-564-3780 for deadline information, fax 916-564-3787, or email mburroughs@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer magazine become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.

The SCBA’s 2014 Distinguished Attorney of the Year

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

COVER Arthur G. Scotland The SCBA’s 2014 Distinguished Attorney of the Year

www.sacbar.org | November/December 2014 | SACRAMENTO LAWYER

PRESIDENT’S MESSAGE B.J. Susich

President,

Change Brings Opportunities

“C

hange is the law of life. And those who look only to the past or present are certain to miss the future.” – John F. Kennedy

Sacramento County Bar Association

by B.J. Susich

From my firm’s north-facing offices downtown, the site of the new arena is in full view. Large machines effortlessly reduce concrete walls to rubble,

SACRAMENTO LAWYER | November/December 2014 | www.sacbar.org

and the ever-growing space somehow feels five times larger than the structure that once occupied it. More intriguing than the demolition, however, is the reaction at street level. Every day there is at least one person standing motionless on the sidewalk staring on in silence. At times it seems as if they are in a trance. Initially I attributed this hypnotic phenomenon to the impressive power of the machinery in use. But I have come to realize that these onlookers are actually awestruck and sobered by something else. Change. While change is neither categorically good nor bad, it does always bring opportunities. And for those able to take advantage of such opportunities, change is a good thing. Some among us experienced this during the recent recession. Even as our profession was contracting, certain practice areas— like bankruptcy law—flourished. Much has been written about the effects the recent recession has had on our profession. However, in the period of slow economic growth that economists are telling us lies ahead, I fear that our industry will be slow to recognize the next wave of change. While six years ago economic downturn came as a slap, change in the new economy is more likely to be a series of easily ignored nudges. Take, for example, the increased reliance on contract attorneys—a trend that flourished during economic downturn. Firms that rely too heavily on contract labor for extended periods of time will ultimately find that this short-term cost-savings measure is quite expensive when prolonged. Missed mentorship opportunities, foregone educational events, and a lack of young attorneys who have been groomed for leadership rolls will eventual limit productivity. In

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the new economy, identifying meaningful Proof OK as is changes may be even more difficult than addressing them. Correction needed I am proud to say that when it comes See a second proof to addressing change in our profession, the SCBA is far ahead of the curve. From OK with corrections a new Mentorship Task Force, to new sub6) 564-3787 JAY-ALLEN EISEN stantive law sections, to new social and y Burroughs C I V I L A P P E L L AT E + W R I T + M OT I O N P R A C T I C E educational events, our organization is as bar.org relevant as ever. We even have a task force Certified Appellate Law Specialist looking into securing office facilities closer State Bar of California, Board of Legal Specialization SIGN DATE to where our members work and socialize. Best Lawyers in America My term as SCBA President will end Northern California Super Lawyers with the month of December. Yet I leave Past Chair, California State Bar Standing Committee on Appellate Courts knowing that our organization will conPast President, California Academy of Appellate Courts tinue to flourish in the hands of incoming Fellow, American Academy of Appellate Lawyers President Angela Lai and Executive DiOver 130 Reported Decisions, including: rector Mary Burroughs. It has been one McAdams v. Monier, Inc., 182 Cal. App.4th 174 (2010) (Consumer Class Action) of the greatest honors of my life to serve Katiuzhinsky v. Perry, 152 Cal.App.4th 1288 (2007) (Medical Damages) as your 2014 SCBA President. But change Hahn v. Mirda, 147 Cal.App.4th 740 (2007) (Medical Malpractice, Loss Of Consortium) Hawkins v. Wilton, 144 Cal.App.4th 936 (2006) (Landlord Liability) brings opportunities, and that goes for Bunch v. Hoffinger Ind., Inc., 123 Cal. App.4th 1278 (2004) (Products Liability) bar association presidents too.

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THE VIEW FROM THE CIVIL TRIAL BENCH

Judge Judy Holzer Hersher, Sacramento County Superior Court. She is the co-author of the forthcoming CACI Jury Instruction Handbook (West).

Posting Jury Fees by Sides: The Impact of Changes to Code of Civil Procedure Section 631 on Last Minute Motions Affecting the Right to a Jury Trial by Judge Judy Holzer Hersher

This article represents the thoughts and opinions of the author and should not be considered court policy or the opinion of other trial judges. Comments should be addressed to HersherJ@saccourt.ca.gov.

alifornia Code of Civil Procedure (CCP) section 6311 was amended by the legislature in 2012. Up until that time, civil litigants were required to pay or “post” jury fees 25 calendar days before the first date set for trial, otherwise their right to a jury trial was deemed waived. Under the pre-2012 statute, prepaid jury fees were available for refund if there was a settlement, or the case or party depositing the funds was dismissed. Budget battles and shortfalls in revenue prompted the legislature to revamp the rules via the Budget Act of 2012, known as the Public Safety Omnibus Bill, AB 1481, to help “offset the costs to the state of providing juries in civil cases.” (CCP § 631(b).) Specific changes were made to when and how litigants deposit jury fees. Importantly, the required date for deposit was significantly advanced and, effective upon enactment, the initial deposited jury fees were no longer refundable for any reason. (CCP § 631.3(c).)2 3 More parties are now required to post fees. These changes leave open the question of how, if at all, the new law might affect motions to reinstate the right to a jury trial when the mandated fees are not deposited or timely demands are not made. Under the new statute, at least one party demanding a jury “on each side of a civil case” is required to pay a nonrefundable fee of one hundred and fifty dollars ($150.00) on or before the initial case management conference in the action, with some special exceptions noted. (CCP § 631(b) and (c).) That means that if both plaintiff

and defendant want a jury trial, both must post fees to avoid waiver. Similarly, at least one cross-complainant and one-cross-defendant should post fees, as it often comes to pass that a complaint may not make it into a courtroom for trial, but the cross-action will. If there is more than one plaintiff or defendant, all plaintiffs are considered “one side,” and all defendants are considered “one side.” (CCP § 631(b).) Although not specifically mentioned, it follows that all cross-complainants would be “one side,” and all cross-defendants, another “side.” This means in some instances a plaintiff/cross-defendant may well want to make two (2) deposits—one as the plaintiff and another as the cross-defendant, in the event either the underlying action or cross-action is dismissed or resolved prior to trial, and/or there are different parties associated with the complaint and cross-action. The same holds true for defendants, who are both defendant and cross-complainant in the action. Despite who timely pays, a party seeking a jury trial is required also to announce that a jury “is required” at the time the case is first set for trial, if set upon notice or stipulation, or within five (5) days after notice of setting if it is set without notice or stipulation. (See CCP § 631(f)(4).) This is because subsection (f) reads that “A party waives trial by jury in any of the following ways (emphasis added): … (4) By failing to announce that a jury is required, at the time the cause is first set for trial…” It used to be that if the requesting/ depositing party exited the litigation,

SACRAMENTO LAWYER | November/December 2014 | www.sacbar.org

the remaining or opposing party had the ability to quickly “pick up” and post fees and demand a jury trial and/ or file for relief. (See, e.g., March v. Pettis (1977) 66 Cal.App.3d 473.) Under the new law, the posting deadline usually falls between 180 and 210 days after a case is filed, unless the case involves landlord tenant issues. In the later instance, jury fees must be paid five days before trial, or if the first appearance of the party comes later than 365 days after the filing of the initial complaint or within a certain other specified filing dates, then 25 calendar days before the date initially set for trial. (CCP § 631(c)(1-4).) So what happens if a litigant fails to timely deposit the fees or announce the need for a jury trial under the new law? Does the new statute really change anything, given both the federal and state constitution, case law, and the strong public policy in favor of jury trials? Prior to the change, CCP section 631 provided that a court may, in its discretion and upon just terms, allow a trial by jury although there may have been a waiver. (See former CCP § 631(e).) The same language appears in the current statute at subsection (g). The new statute also reiterates, “The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate… .” (CCP § 631(a).) At the same time, and consistent with prior case law, there is no basis to believe that the new statute has abrogated a trial court’s power to deny a jury trial

LITIGATION if the parties have waived that right consistent with legislative dictates. (See, e.g., Grafton Partners v. Superior Court (2005) 36 Cal.4th 944, 951 [describing the powers granted a court consistent with the constitution and legislative mandates].) The current statute provides─as it always has─for the Court to consider all the equities in favor of and against allowing a jury trial, and to exercise its discretion in the matter. (CCP § 631(g).) As in the past, relief likely will be denied where the reason for the demand appears to be the party’s late change of mind, a pretext to obtain a continuance, or where sharp litigation practices or demonstrable prejudice to the other “side(s)” is evident. (See, e.g., Byram v. Superior Court (1977) 74 Cal.App.3d 648, 653-654.) However, due to the much longer time period during which the parties are on notice that a particular party or “side” will or will not seek a jury trial, there is greater potential for a party opposing a late request for a jury to argue that it has been “prejudiced” or “harmed” by the delayed request, and that with the passage of time, its trial and discovery strategy has been formulated with a court trial on the horizon. The “pick-up” time frame thus may have been shortened considerably. There are no reported decisions that post-date the statute change. Time will tell if the change has made any difference, not only to the courts’ financial bottom line, but to the ability to secure a jury trial when failing to comply with the new statute.

of the case. The fee shall offset the costs to the state of providing juries in civil cases. If there are more than two parties to the case, for purposes of this section only, all plaintiffs shall be considered one side of the case, and all other parties shall be considered the other side of the case. Payment of the fee by a party on one side of the case shall not relieve parties on the other side of the case from waiver pursuant to subdivision (f). (c) The fee described in subdivision (b) shall be due on or before the date scheduled for the initial case management conference in the action, except as follows: (1) In unlawful detainer actions, the fees shall be due at least five days before

the date set for trial. (2) If no case management conference is scheduled in a civil action, or the initial case management conference occurred before June 28, 2012, and the initial complaint was filed on or after July 1, 2011, the fee shall be due no later than 365 calendar days after the filing of the initial complaint. (3) If the initial case management conference occurred before June 28, 2012, and the initial complaint in the case was filed before July 1, 2011, the fee shall be due at least 25 calendar days before the date initially set for trial. (4) If the party requesting a jury has

Endnotes 1 § 631. Demand for jury trial by adverse parties; Fees; Waiver of jury trial; Jury trial notwithstanding waiver (a) The right to a trial by jury as declared by Section 16 of Article I of the California Constitution shall be preserved to the parties inviolate. In civil cases, a jury may only be waived pursuant to subdivision (f). (b) At least one party demanding a jury on each side of a civil case shall pay a nonrefundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side www.sacbar.org | November/December 2014 | SACRAMENTO LAWYER

LITIGATION not appeared before the initial case management conference, or first appeared more than 365 calendar days after the filing of the initial complaint, the fee shall be due at least 25 calendar days before the date initially set for trial. (d) If a party failed to timely pay the fee described in subdivision (b) that was due between June 27, 2012, and November 30, 2012, the party will be relieved of a jury waiver on that basis only if the party pays the fee on or before December 31, 2012, or 25 calendar days before the date initially set for trial, whichever is earlier. (e) The parties demanding a jury trial shall deposit with the clerk or judge, at the beginning of the second and each succeeding day’s session, a sum equal to that day’s fees and mileage of the jury, including the fees and mileage for the trial jury panel if the trial jury has not yet been selected and sworn. If more than one party has demanded a jury, the respective amount to be paid daily by each party demanding a jury shall be determined by stipulation of the parties or by order of the court. (f) A party waives trial by jury in any of the following ways: (1) By failing to appear at the trial. (2) By written consent filed with the clerk or judge. (3) By oral consent, in open court, entered in the minutes.

(4) By failing to announce that a jury is required, at the time the cause is first set for trial, if it is set upon notice or stipulation, or within five days after notice of setting if it is set without notice or stipulation. (5) By failing to timely pay the fee described in subdivision (b), unless another party on the same side of the case has paid that fee. (6) By failing to deposit with the clerk or judge, at the beginning of the second and each succeeding day’s session, the sum provided in subdivision (e). (g) The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury. (h) The court shall transmit the fee described in subdivision (b) to the State Treasury for deposit in the Trial Court Trust Fund within 45 calendar days after the end of the month in which the fee is paid to the court. 2 § 631.3. When jury fees not to be refunded; Disposition of fees not refunded; Disposition of fees of juror serving on more than one case in same day (a) Notwithstanding any other law, when a party to the litigation has deposited jury fees with the judge or clerk and that party waives a jury or obtains a continuance of the trial, or the case is settled, none of the deposit shall be refunded if the court finds there has been insufficient time to notify the jurors that the trial would not proceed

SACRAMENTO LAWYER | November/December 2014 | www.sacbar.org

at the time set. If the jury fees so deposited are not refunded for any of these reasons, or if a refund of jury fees deposited with the judge or clerk has not been requested, in writing, by the depositing party within 20 business days from the date on which the jury is waived or the action is settled, dismissed, or a continuance thereof granted, the fees shall be transmitted to the Controller for deposit into the Trial Court Trust Fund. (b) All jury fees and mileage fees that may accrue by reason of a juror serving on more than one case in the same day shall be transmitted to the Controller for deposit into the Trial Court Trust Fund. All jury fees that were deposited with the court in advance of trial pursuant to Section 631 prior to January 1, 1999, and that remain on deposit in cases that were settled, dismissed, or otherwise disposed of, and three years have passed since the date the case was settled, dismissed, or otherwise disposed of, shall be transmitted to the Controller for deposit into the Trial Court Trust Fund. (c) The fee described in subdivision (b) of Section 631 shall be nonrefundable and is not subject to this section. 3 CCP section 631.3(b) allows for the return of jury fees if a case is settled, but the statute, by its wording contemplates that the potentially refundable fees do not include the initial deposits, but all other deposits that may have occurred as a result of the trial.

Since 1963

Marty Anderson Vice President

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Do your Accounts Receivables have a high balance and your bank account a low balance? • We have a staff of experienced collectors and three in house attorneys to put the cash in your bank account. • Over 100 law firms and many Fortune 500 firms select us to collect their past due accounts whether they are in the thousands or millions. • International collections recently made in England, Israel, Poland, and other countries. • Members: Commercial Law League of America. 700 Leisure Lane, Sacramento, CA 95815 Phone 916.929.7811 ext 222 | Fax 916.929.5125 | Email norcal@covad.net www.sacbar.org | November/December 2014 | SACRAMENTO LAWYER

LAW LIBRARY NEWS

Kate Fitz is the Public

n California State Bar Trial Lawyer Hall of Fame, 2001

n Fellow, American College of Trial Lawyers, since 1986 n Northern California Super Lawyers since inception n Best Lawyers in America since inception, recently:

Services Librarian, Sacramento County Public Law Library.

Sacramento County Lawyer of the year,Public Real Estate Litigation, vagaries of litigation Sacramento, 2014 Law Library News Lawyer of the Year, Commercial Litigation, r than a trial lawyer? u u

Sacramento 2010

u Bet the Company Litigation, 2012, 2013, 2014 u Commercial Litigation, 2012, 2013, 2014 u Litigation-Banking and Finance, 2012, 2013, 2014 u Litigation-Real Estate, 2012, 2013, 2014

Spotlight on the Collection: Practice Guides in Print and Electronic Formats by Kate Fitz

It’s

likely that, as a lawyer, you have at least a few client asks you for advice on starting a nonprofit corporarelevant practice guides in your office library tion. CEB’s Advising California Nonprofit Corporations can – the books that get you through the common, and nothelp you get started. You may even want to preview a new so-common, questions in your daily practice. practice guide before investing in it yourself. But there are times when your client has “just a quick The Law Library has you covered. We have built a question” in an area outside your expertise. (As all libraricomprehensive collection of California practice guides, oe@GenshleaLaw.com ans know, “quick questions” inevitably lead to lengthy, ofO/ (916) 525-8444 C/ (916) 825-9952 F/ (916) 525-8446 as well as commonly-used federal guides. Most are availten inconclusive, research sessions.) You may run across able both in print and on the Library’s computers. We with a CA twist you’ve never encountered, or the offer long-standing favorites like California Forms of uite 1750a /problem Sacramento, 95814 www.genshlealaw.com opposing party may come up with an argument you need Pleading and Practice and the very latest arrival, California to research, and your desktop practice guide doesn’t covTort Forms from Expert Litigators (CEB). We carry the big er it. names like The Rutter Group and Matthew Bender and Perhaps your practice focuses on civil litigation. You specialty publishers like James Publishing, Lawpress, Asmay keep the Rutter Group’s Civil Procedure before Trial pen, Solano, and DataTrace. We’ve just made it easier than ever to find these pracediation handy. But what do you do when a case actually reaches Page Ad: Go to the Law Library’s the trial prep phase without settling? CEB’s action guide tice guides in our 1/8 Online Catalog. issue Buzz Wiesenfeld on Preparing for Trial and The Rutter Group’s Motions website at www.saclaw.org, or directly ad to the catalog’s adJuly/Aaugust 2014 issue in Limine may help. Perhaps you have the CEB practiceMAGAZINE vance search at bit.ly/SaclawCatalogAdv. Type “California guide on Practice under the California Family Code, but Practice Guide” in the “Series Keyword” field. Add other you need something in-depth on the tax implications of keywords to the General or Title Keyword fields. If you community property characterization – something like are a cardholder, you can put items on hold to pick up at Approval is needed to run your ad, California Community Property withplease Tax Analysis from Matconvenience. You can also view a list of our Califorcheck appropriate boxyour below. thew Bender. Or you may specialize in estate law, but a nia practice guides at bit.ly/practice_guides.

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o (916) 564-3787 Mary Burroughs @sacbar.org

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SACRAMENTO LAWYER | November/December 2014 | www.sacbar.org

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EVENTS

Herb Bolz serves on the SCBA Board of Directors representing the St. Thomas More Society.

Bench-Bar Reception: Attendance record, support by paralegals, two California Supreme Court justices by Herb Bolz

gain this year, the Sacramento County Bar Association’s annual Bench-Bar Reception was held at the Tsakopoulos Library Galleria. Again, attendance increased—to about 600 people. We appreciate the generous support of the sponsors who make this event possible. For the first time, the event included a wine auction, for the benefit of the reinvigorated Sacramento Law Foundation, a 501(c)(3) organization that serves as the charitable arm of SCBA. For the first time, members of the Sacramento Valley Paralegal Association generously donated their time to assist with the check in process. For the first time, two members of the California Supreme Court attended: Chief Justice Tani Cantil-Sakauye, who served with Presiding Justice Vance Raye on the Third District Court of Appeal be-

fore she was named Chief Justice, and recently retired Supreme Court Justice Marvin Baxter, who like Justice Raye, had served as a top adviser to former Governor George Deukmejian. On the evening of October 1st, wine, beer, cocktails and food were served at the west end of the Galleria by All Seasons All Reasons, while the Martini Crush Jazz Ensemble performed at the east end. Those in attendance enjoyed the music, food, and drink, while chatting with friends and meeting new people. “State of the court” reports were made by Chief U.S. District Court Judge Morrison England and Sacramento Superior Court Presiding Judge Robert Hight. Maralee Eriksen, President, Women Lawyers of Sacramento, presented the 2014 Karen Ped-

SACRAMENTO LAWYER | November/December 2014 | www.sacbar.org

ersen Stevens Scholarship Award to Samantha Wu. SCBA President B.J. Susich presented the Judge of the Year award to Presiding Justice Vance Raye of the California Court of Appeal, Third District. Justice Raye was introduced by SCBA Board Member Alana Mathews, who highlighted his many community activities. In his remarks, Justice Raye not only reported on the serious budgetary problems faced by the Court of Appeal, but also discussed his career, including his work as an appellate judge. He thanked the other justices for their support. He thanked his judicial assistant, Kris Harper, and his two career staff attorneys, Stella Ruiz and Linda Feltham, for their decades of invaluable support and assistance.

EVENTS

Presiding Justice Vance Raye

Chief Justice Vance Raye and Chief Justice Tani Cantil-Sakauye

SCBA President B.J. Susich, Presiding Justice Vance Raye, Alana Mathews, Chief Judge Morrison England, Presiding Judge Robert Hight, and WLS President Maralee Eriksen

Steven Felderstein, Justice William Murray, Jay-Allen Eisen, Justice Fred Morrison (ret.), and Justice Coleman Blease

Reception Committee members Jeannie Lee Jones, Herb Bolz, Elisa Ungerman, Alana Mathews, Peter Kyung, Rhonda Harrigan, Brad Coutinho, Monica Hans, and Viana Barbu

Presiding Justice Vance Raye and Justice Ron Robie

Gustavo Martinez, Chief Justice Tani Cantil-Sakaauye, and Jesse Rivera

Rev. Kevin Ross, Anita Ross, and Justice Vance Raye

Wine donated for Sacramento Law Foundation Auction

Judge Sharon Lueras, Bill Taylor, Judge Steven Gevercer, Judge Emily Vasquez, and Judge Jerilyn Borack

Presiding Judge Robert Hight, Justice Coleman Blease, and Justice Fred Morrison (ret.)

SCBA President B.J. Susich and Presiding Justice Vance Raye

Justice Vance Raye, SCBA Executive Director Mary Burroughs, and Chief Justice Tani Cantil-Sakauye

www.sacbar.org | November/December 2014 | SACRAMENTO LAWYER

COVER STORY

Art Scotland

Tina Thomas is the principal at Thomas Law Group. Dominque Pollara is a partner at Schuering, Zimmerman & Doyle.

The SCBA’s 2014 Distinguished Attorney of the Year

Photo by Mark Long, Eleakis & Elder Photography

by Tina Thomas and Dominque Pollara

Art and Sue Scotland

he SCBA has selected Arthur G. Scotland as its 2014 Distinguished Attorney of the Year. Although he was a well-respected jurist, you may be surprised to learn that Art Scotland is a relative newcomer to the private practice of law. Born and raised in Sacramento, “Scotty,” as he is known by his friends, has recently embarked on a new chapter in his legal career. After service as a Sacramento County Deputy District Attorney, Deputy Attorney General, Cabinet

Secretary for former Governor George Deukmejian, Superior Court Judge, and Presiding Justice of the Third District Court of Appeal (among other roles), Art is no stranger to long hours or the rigors of law practice, but he has spent less than four years in private practice. When he retired from the bench in 2010, Art intended to remain retired and spend well-deserved time with his family. However, it wasn’t long before he started getting calls to consult on high profile cases, including the California Legislature’s lawsuit against Controller John Chiang. At the request of the President pro tempore of the Senate, Darrell Steinberg, and Speaker of the Assembly, John Pérez, Art reactivated his bar card to represent them and appeared at the press conference announcing the filing of the lawsuit. “I could not resist the request,” Art explains, “because of the critical importance of the issue involving an area of the law – government law – that has always interested me. I believed that the Legislature was on the right side of the issue and that the consequences of the lawsuit would have an essential, lasting effect on the separation of powers between two branches of state government.” One thing led to another, and what Art thought was a one-time foray back into the practice of law became an opportunity to practice with his longtime friend and mentor, Steve Merksamer. In 2012, Art joined Nielsen Merksamer Parrinello Gross & Leoni LLP as Of Counsel, more than 30 years after Art and Steve first worked together at the Attorney General’s office in the late 1970’s. Steve describes Art

Presiding Justice Robert Puglia swearing Arthur Scotland in as a new Superior Court Judge

SACRAMENTO LAWYER | November/December 2014 2014| |www.sacbar.org www.sacbar.org

COVER STORY as “smart” and “diligent,” saying he “works extraordinarily hard at whatever he does, and puts all of his effort into it no matter what the job is,” and that extends to the private practice of law. Since joining the firm, Art has been involved in “cases of enormous consequence” that have “ultimately ended up at the appellate level and/or going to the California Supreme Court.” This latest venture has been eye opening for Art in a number of ways. For one thing, Art explained that the reality of billing by the hour has been surprising. Like many of us, Art has found himself at times wondering if he could justify the many hours spent writing and rewriting to do the quality work he demands of himself. Art has also found himself unexpectedly on pins and needles waiting for a tentative ruling, and working hard to cut down an appellate brief that seemingly couldn’t be cut further, when the Court of Appeal denied a request to file an oversized brief. Despite these unanticipated challenges, Art has found his return to private practice to be very fulfilling primarily due to the cutting edge nature of many of the cases he has worked on. And one other important component keeps Art enjoying full employment – he loves the day-to-day challenge of working on knotty legal issues and providing a “view from the bench” as he advises other lawyers. Those who have had the privilege to work alongside Art in his new capacity have been both impressed and humbled by his keen legal insights and abilities. Attorney Kurt Oneto called him “a brilliant legal mind, but more importantly, a really wonderful person” who is “humble, so down-to-earth, and so willing to share his time and wisdom.” Carlsbad attorney Mark Dillon reported, “I have had the pleasure of working closely with Art for the past two years or more in a highly charged litigation setting – there is no one with higher integrity than Art; he is the consummate lawyer, educator, and professional, a true mentor, leader, and advocate of the judicial system.” Attorney Jim Parrinello called him “the go-to guy in Sacramento on complicated constitutional and government law litigation,” whose “thinking and insights are razor sharp.” Art’s success in private practice should come as no surprise after his long and distinguished career in public service. Art has received numerous judicial excellence and community service awards, including the SCBA’s Judge of the Year award in 2004. Beyond the list of accolades, however, Art has built a legacy of relationships with people whose lives he has touched. Chief United States District Judge Morrison England praised his “wicked sense of humor,” and called him one of the “most intelligent but kind individuals” he had ever met. Associate Justice George Nicholson of the Third District Court of Appeal observed, “in every sphere of government and the law he has touched, he has inspired,

Sue Scotland, George Deukmejian, son, Gloria Deukmejian, and Art Scotland

excelled, and led,” and “he enriches and enables everyone he meets, to do better, and to be better.” Associate Justice Ronald Robie of the Third District Court of Appeal called him “a wonderful judge both at the trial court and for more than 20 years at the Court of Appeal,” and observed that Art “has already distinguished himself” in private practice, continuing “to make significant contributions to our community.” Throughout his legal career, Art has been known for his deep commitment to community service. He does not just “show up” to offer support for a wide range of projects and endeavors, he rolls up his sleeves and gets involved. It is not unusual to see him emceeing a charity event, drumming up contributions or volunteers for any number of causes or community projects, or inviting people into his home for a fundraiser or meeting. In his humble way, he credits his wife, Sue Scotland, for initially getting him involved in volunteer work and “exposing him to so many wonderful and dedicated people.” Having learned first-hand about the challenges facing children in our community when he was a Superior Court Judge in family court, Art came to believe strongly in the importance of youth education. He created a program at the Third District Court of Appeal to demystify the appellate court process by bringing the Court to high schools. Art has also served both as an advisor and judge to the Center for Youth Citizenship’s Gordon D. Schaber Mock Trial and Moot Court Competition and on the Steering Committee for Operation Protect and Defend, a program that sponsors educational initiatives on the Constitution for local high school students. Art was honored by the SCBA in 2002 as Humanitarian of the Year for his volunteer work on behalf of the Sacramento Children’s Home, and has volunteered over the years for many other organizations including Friends CARE, www.sacbar.org | November/December 2014 | SACRAMENTO LAWYER

COVER STORY the YMCA Youth Model Legislation Courts Program, and the others achieve their goals,” Art has done it all. In the words Sacramento Food Bank and Family Services. of attorney Audra Ibarra, who sat on the Commission on Art also seeks to reach Sacramento area youth through their Judicial Nominees Evaluation with Art, “If practicing law teachers. As one of only 16 Honorary Diplomates of the Ameriwas dancing, Justice Scotland would be Fred Astaire.” can Board of Trial Advocates (ABOTA), Those who have volunteered alongArt’s advice for young Art recently assisted the ABOTA Sacside Art also know his uncanny ability ramento Valley Chapter by co-chairing to get things done. When Art joined the lawyers reflects the qualities its first Teachers Law School, at which SCBA’s Court Funding Task Force, fellow we all respect in Art: judges, attorneys, and legislators protask force member Bruce Timm observed, “Take your work seriously, vide high school teachers with insights “given Justice Scotland’s influence and but don’t take yourself to help them teach students to better stature in both the local and state-wide understand and appreciate the value legal communities, the Court Funding seriously. Listen – you learn of the American civil and criminal jusTask Force was destined for success the best by listening and being tice systems and the role they play in moment he agreed to serve as the Chair.” open to other viewpoints. students’ lives and society. Art used his Ninth Circuit Judge Consuelo CallahAlways act with integrity. considerable contacts to arrange for an put it this way: “Whatever the cause, these teachers to speak with justices of be it a person, a client, a program, or a Treat others respectfully the Court of Appeal and to have a speprinciple, he will not be deterred and will and genuinely care about cial tour of the State Capitol along with move heaven and earth to see that justice the wellbeing of others.” meetings with members of the Senate, is done. Art is not an easy friend because Assembly, and Governor’s office. He you never get a free pass. It is impossithen personally guided teachers through the historic Library ble to say ‘no’ to Art because he never asks for anything that and Courts Building. he would be unwilling to do himself. His commitment and Those who know Art also know and deeply apprecifollow-through mean that ideas will become actions and his ate his commitment to ethics, civility, and professionalism projects will become realities.” in the practice of law. He has been a longtime supporter Art’s advice for young lawyers reflects the qualities we all of ABOTA, with a central mission on promoting civility in respect in Art: “Take your work seriously, but don’t take yourthe practice of law, as well as the Anthony M. Kennedy Inn self seriously. Listen – you learn best by listening and being of Court, and he regularly attends and participates in their open to other viewpoints. Always act with integrity. Treat others programs and events. In that same spirit, Art has long suprespectfully and genuinely care about the wellbeing of others.” ported the advancement of women and minorities in the Being named the SCBA’s Distinguished Attorney of the legal community – whether tending bar at a South Asian Bar Year seems almost an afterthought to such a legacy, but we in Association event or emceeing the annual Women Lawyers the Sacramento legal community look forward to many more of Sacramento Art Fest. Praised by Deputy Attorney Generopportunities to learn from such a great legal mind, and such al Catherine Ongiri for his “tireless dedication to helping a tactful diplomat.

Family Photo

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013, 2014 n your ad, 2014 box below. 2, 2013, 2014 014

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The Sacramento

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Congratulates

Arthur Scotland (Ret.)

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Attorney of the Year!

Congratulations to Justice Arthur Scotland

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ARTHUR SCOTLAND from all of us at

FROM YOUR FRIENDS Hansen Kohls AT THE ABOTA SACRAMENTO LLP to sales@sacbar & Jacob Please fax back toSommer (916) 564-3787 or email back ease fax back to (916) 564-3787CHAPTER or email back to sales@sacbar.org VALLEY

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With sincerest thanks for all you have done for CCTLA, d the judiciary, and the of Sacramento, Calif. Sacramento community, ns the members and ve EvidenceBoard of CCTLA offer 25-9952 F/ (916) you525-8446 our congratulations DATE on your extremely 4 www.genshlealaw.com well-deserved award. mary goal

o Valley tstanding BOTA’s ow tech

LOCATION University of the Pacific McGeorge School of Law Lecture Hall 3237 5th Ave. Sacramento, CA

is proe day our ay not s, but are

WHEN 8:00 am - 5:00 pm Friday, Nov. 21,MAGAZINE 2014

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nal injury eir already

Masters in Correction needed $330.00 for members of

“The Art of Persuasion”

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BENEFITS OF ATTENDING

endant’s ExpertSIGN duff,

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Masters in Demonstrative Evidence

$380.00 percheck registrant. please appropriate box below.

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7.0 hours MCLE SPEAKERS

Scope and Purpose: Educating lawyers in the art of trial advocacy • How toofuse effective is a primary goal the cost Foundation of the American Board of OK withtocorrections Jesse M. Rivera, Program Chair technology takeValley visual Trial Advocates. The Sacramento Chapter of the American Board of persuasion Trial Advocatesto is proud to present another levelan outstanding new Dominique A. Pollara, Chapter President program, Masters in Demonstrative Evidence. This program feaJohn N. Demas, Sacramento tures ABOTA’s finest trial lawyers and emphasizes their use of SIGN DATE__________ • How to___________________________ combine multiDaniel P. Costa, Gold River Demonstrative Evidence — low tech and high tech — in every exhibits DATE aspect of media the civil jury trial. into effective Donald H. Heller, Sacramento

presentations

We live in a world where jurors’ attention requires more than just words. This program keeps pace with society’s thirst for viHow to Throughout use demonstrative sual •presentation. the day our trial masters will demonstrate trial techniques for working attorneys who may evidence to effectively conduct not possess the budget or the examination high-profile case to justify highdirect and cross end presentations, but are nevertheless anxious to sharpen their courtroom and presentation skills. ABOTA’s handpicked team will perform opening statements,

John P. Hallissy, Sacramento Christopher Wood, Sacramento Richard P. Bertolino, Sacramento Daniel V. Kohls, Roseville Glenn S. Guenard, Elk Grove John M. O’Brien, Elk Grove

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LOCATION University of the Pacific McGeorge School of Law Lecture Hall 3237 5th Ave. Sacramento, CA

el closing arguments in a personal injury case. The lawyers will weave demonstrative evidence into each aspect of their already masterful trial advocacy.

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The Foundation of the American Board of Trial Advocates has been approved as a continuing legal education provider by the State of California. This program will qualify for Minimum Continuing Legal Education Credit in the amount of 7.0 hours.

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Presented by the Sacramento Valley Chapter of ABOTA

Presented by the

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Paul Starkey is Special Board Counsel at the California Agricultural Labor Relations Board.

“So

AFFILIATE NEWS

St. Thomas More Society, Sacramento Honors Vicki Jacobs with its Annual Integrity Award by Paul Starkey

myriad of low income people in the Sacramento area.” the first thing I think we are all asking is: What’s After accepting the award from STMS President Michael a nice Jewish girl doing with an award like this?” Terhorst, Jacobs expressed her gratitude and appreciation Sacramento County Superior Court Judge James Mize to Judge Mize, to Gary Smith, Executive Director of Legal good-heartedly posed the rhetorical question to Victoria Services of Northern California, and to others for their good “Vicki” Jacobs, the recipient of the Sacramento St. Thomexample and support. Jacobs also noted the important supas More Society’s 2014 Father McDermott Integrity Award port of family and friends, and mentioned with special affec-- an award named for the late Rev. Charles Sylvester Mction her father, who was in attendance. Dermott (a founding member of STMS and the group’s unSome 35 guest attended the annual STMS event, includofficial chaplain for many years). Judge Mize answered his ing the Most Rev. Myron Cotta, Assistant own question, explaining the importance Bishop of the Diocese of Sacramento, who of the award being ecumenical in nature provided the invocation. Other honorand adding, with good humor: “Vicki’s ees of the evening included STMS Board goodness is not constrained by religion, Members Heather Cline Hoganson and politics, or gender. In fact, to be perfectly Herb Bolz, who received certificates for truthful, there is very little that can condedicated service to STMS and its prostrain Vicki – as anyone who knows her grams over many years. STMS is grateful well would readily attest.” to this year’s event sponsors, Legal SerAs Jacobs’s longtime friend, menvices of Northern California, Michael Tertor, and fellow advocate on behalf of the horst, Paul Starkey, Cecilia Arnold, and poor, Judge Mize was the perfect choice anonymous donors. to set the stage for presenting Jacobs with Open to all, STMS offers a variety the fourth annual Father McDermott Inof events of interest at an array of ventegrity Award for her years of service on ues and times throughout the year. STMS behalf of the legally disadvantaged as Vicki Jacobs and her award generally meets on second Wednesdays Managing Attorney of the Voluntary Leduring the academic year, either for breakfast or lunch. gal Service Program of Northern California (VLSP) and her Some meetings include Mass or a prayer service followed other service on behalf of the poor and disadvantaged. “It is by discussion, while other meetings focus on an MCLE prenot an overstatement,” continued Judge Mize, “to say that sentation. Local priests are invited to celebrate Mass with because of Vicki’s dedication, competence, and persistence, the group and then discuss items of interest. In January of she has helped people remain in their homes, has obtained each year, STMS co-sponsors an Ethics & Civility luncheon unpaid wages and wrongfully denied governmental benefits, with La Raza Lawyers of Sacramento. STMS also co-sponsors has protected people from unconscionable debt collection an annual Ethics luncheon in the spring with the J. Reuben practices, and has reinstated driver’s licenses and expunged Clark Law Society (JRCLS) and the Brigham Young Univercriminal records in order for people to secure employment. In effect, she has greatly enhanced the quality of life for a sity Management Society (BYUMS).

Bishop Cotta chats with Steve Oldham and Eldora Ford. www.sacbar.org www.sacbar.org | |November/December November/December 2014 | SACRAMENTO LAWYER

SECTION NEWS

a Deputy Attorney General with the California Department of Justice.

Photo by Robert Maryland

LEGAL FUSION 2014

Maureen C. Onyeagbako is

A Night of Celebration, Camaraderie, and Commemoration by Maureen C. Onyeagbako

acramento’s legal community turned out in full force on August 21, 2014, for the Wiley W. Manuel Bar Association’s (WMBA) Legal Fusion event to celebrate scholarship and service. WMBA and its philanthropic arm, Friends of the WMBA, hosted the annual gathering to raise funds and award scholarships to deserving law students and to recognize community service award recipients. WMBA President Shanae Buffington welcomed the crowd at The Firehouse Restaurant and Mistress of Ceremonies Fredericka McGee kept the energy going with some risqué lawyer jokes before recognizing the judicial attendees and announcing the award recipients. Nonprofit of the Year went to 100 Black Men of Sacramento. Criminal defense attorney Keith Staten was named Lawyer of the Year. Staten has 20 years of legal experience and has tried over 120 cases to verdict. He is also an active community member who mentors youths and professionals, presents “Know Your Rights” seminars, and coaches a high school mock trial team. A true renaissance man, Staten also sang in a reggae band! He thanked his family and the late Nathaniel S. Colley Sr., who inspired Staten and was a dominant presence throughout the evening. Lifetime Achievement honoree, Judge James Long (ret.), also spoke of inspiration from Colley, but not before others had an opportunity to explain why “Jimmy” Long is so well respected and admired. Judge Long grew up in Sacramento’s Oak Park neighborhood and served on the Sacramento County Superior Court bench for 30 years. U.S. District Judge Troy Nunley shared anecdotes on the slack that

SACRAMENTO LAWYER | November/December 2014 | www.sacbar.org

Judge Long refused to give him when Nunley first appeared in his court and the strong friendship they later developed. Donald Heller spoke of Judge Long’s “incredible sense of humanity” and said that Judge Long was one of the best trial judges he has appeared before. Former WMBA President Dale McKinney, who met the judge in 1969, credited Judge Long for inspiring him to change the course of his life. The honoree also received a letter of congratulations from the mayor and kind words from Fredericka McGee and WMBA Vice President Carlton Davis. After much ado about something, Judge Long thanked the crowd for making him feel “pretty good.” He paid tribute to Colley, for whom the Lifetime Achievement award was named, and described him as “an excellent human being.” The first black attorney in Sacramento, Colley was raised in the Jim Crow south, attended Yale Law School, argued successfully before the U.S. Supreme Court, and “made life better” for men and women around the country. He and Judge Long also worked together as regional counsel for the NAACP. Judge Long also gave a shout out to John Virga with whom he worked for many years. The event rounded out with scholarship presentations to Lincoln Law students Kaliah Kirkland and Jody Johnson. The evening was a wonderful celebration and window into the past, present, and future of Sacramento’s legal community. The hosts thank Renee Carter, the Center for Sacramento History, and all the Legal Fusion sponsors for their contributions to the successful event.

SECTION NEWS

Photos by Robert Maryland

WMBA President Shanae Buffington and Lawyer of the Year Keith Staten

Longtime friends Judge Long and Donald Heller

John Virga, Judge James Long (ret.), Judge Renard Shepard (ret.), and Megan Virga

Judge James Long (ret.) and Judge Bunmi Awoniyi

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www.sacbar.org | November/December 2014 | SACRAMENTO LAWYER

FEATURE STORY

Maureen C. Onyeagbako is a Deputy Attorney General with the California Department of Justice.

One to Watch: Sacramento County Superior Court Judge Michael G. Bowman by Maureen C. Onyeagbako

you haven’t met Sacramento County Superior Court Judge Bowman’s dedication to work matches his dedicaJudge Michael G. Bowman yet, find a way to do tion to family, and he takes pride in seldom missing a dinner, so. He can tell a great story and has an even better sense soccer game, or piano recital even though it meant working of humor. Just ask him where he was when he got the call late nights, weekends, and holidays. He admits to having about his appointment to the bench and the game of phone been a “challenge” to live with all those years due to his diftag that followed. ficulty switching out of trial mode. That notwithstanding, Before his appointment in December 2013, Judge Bowhe and his wife Michelle – who refused to give him the time man spent 20 years working as a criminal defense attorney of day when they first met – have been married for over 23 throughout Northern California. His catalog of cases included years. His daughters, Chelsea, a hair salon owner, Payslie, a defending a serial rapist, a 16 year old who recent college graduate and perhaps future murdered his best friend, an Iraq war veterlawyer, and Olivia, a high school senior Judge Bowman’s an who killed a police officer while driving who enjoys singing and playing the piano, drunk, and several police officers charged all make Judge Bowman glow. advice to lawyers with criminal offenses. Judge Bowman also Adding yet another layer to all that appearing in his taught law enforcement for over 10 years makes Judge Bowman interesting is his on subjects ranging from applying for and dyslexia, which required him to develcourtroom: executing search warrants, defense tactics in op strong listening skills and a good rehomicide cases, and courtroom testimony, call of facts, both of which helped him “Be relevant. to name a few, with the belief that everyone as a trial attorney. Turning to the sketchBe honest. benefits from better-trained officers. es on a wall in his chambers depicting The judge believes that his promotion some of his most high profile cases, the Be brief.” to the bench was due in large part to his baljudge quipped, “I will have you know I ance – prior to criminal defense, he served have lost some of the biggest cases in this for five years as a deputy district attorney in Kern County – town.” All kidding aside, Judge Bowman has overcome and to support from both the prosecutorial and defense bars. several odds and learned how to succeed while not playJudge Bowman is also not afraid to roll up his sleeves and has ing under the normal set of rules. He believes that there been working since age thirteen in jobs that include dishwashis no substitute for preparation and says that every great er, cook, clerk at 7-11, and shoveling horse manure. While trial attorney has had at least one humbling experience in studying at Pacific McGeorge, he interned at the Department court. When he’s off the bench, Judge Bowman teaches of Fair Employment and Housing, during which time he tried community property at Lincoln Law School, participates administrative hearings around the state, and interned with in the Kennedy Inn of Court, or hangs out with his girls. the Sacramento County District Attorney’s Office. Congratulations, Judge Bowman.

SACRAMENTO LAWYER | November/December 2014 2014| |www.sacbar.org www.sacbar.org

EVENTS

Stephen Duvernay is the president of the Sacramento Law Foundation

Rosalind Olson, Ulises Pizano-Diaz, and Viana Barbu

Inaugural Party for a Cause Celebrates Pro Bono by Stephen Duvernay

Emily Andrews, Lacey Keys, Rebekah Nesom, and Steve Duvernay

August 28th, the SCBA and the Sacramento Law Foundation held the inaugural Party for a Cause, the SCBA’s signature event celebrating pro bono legal services in the greater Sacramento community. Attendees packed Casa Garden for the cocktail reception and awards presentation, emceed by SCBA President B.J. Susich. “The SCBA is honored to host an event that recognizes such outstanding acts of selflessness,” said Susich, and “we hope that stopping to recognize such efforts will highlight just how important pro bono services are in our community.” The event honored two local attorneys with the inaugural SCBA Pro Bono award. First, Vicki Jacobs, Managing Attorney for the Voluntary Legal Services Program, introduced Danny Moore, highlighting his tireless efforts volunteering for VLSP over the past 12 years. Moore has assisted over 200 of VLSP’s low-income clients with probate and Chapter 7 bankruptcy problems. He has always been available to answer questions by the VLSP staff about bankruptcy matters and has been a mentor and a friend to VLSP’s staff attorney for the Bankruptcy Clinic, Heather Tiffee. Whenever VLSP has needed him, he has been there to help and has never sought any recognition for his generous donation of expertise and time. Then Legal Services of Northern California Executive Director Gary Smith presented the award to John Davis in recognition of his remarkable pro bono work three days a week for LSNC since 2000. Davis’s specialty is transactional work, including real property transactions, and he has been LSNC’s go-to person for every project that involved those type of complex matters. He also serves on the Board of Directors of Legal Services of Northern California. In closing, Justice Arthur Scotland (ret.) gave remarks on the value of pro bono service to the judiciary and courts.

Jeannie Lee Jones, and Sil Reggiardo

Gary Smith, SCBA Pro Bono Award recipients John Davis and Danny Moore, and Vicki Jacobs

The event also featured an MCLE presentation on advanced health care directives, featuring Sil Reggiardo on the legalities of directives and Sutter Ethics Committee Chair Dr. Brian Hatten and Vice Chair Lisa Nordlander discussing real-life situations involving the use of directives. Net proceeds from the event benefitted the Sacramento Law Foundation, a 501(c)(3) non-profit organization whose mission is to support programs that improve the administration of justice, enhance public confidence in the legal profession, and cultivate an understanding of and respect for the rule of law. Thanks to the organizations and businesses that sponsored Party for a Cause: Benbrook Law Group PC Crowe Horwath LLP Downey Brand LLP Hon. James M. Mize Medina McKelvey LLP CBA Administrative Law, Business Law, Environmental Law, Public Law, and Tax Law Sections Voluntary Legal Services Program/Legal Services of Northern California Special thanks to SCBA Second Vice President Heather Hoganson, SCBA Pro Bono Committee Chair Sil Reggiardo, and SCBA Executive Director Mary Burroughs for their tireless efforts organizing the event. Congratulations to Danny and John—and thanks to all of you in the community who have donated your time and money to pro bono service in the last year. www.sacbar.org | November/December 2014 | SACRAMENTO LAWYER

ETHICS

Betsy S. Kimball is a partner in the firm of Kimball & Wilson, LLP and a certified specialist in both legal malpractice law and appellate law.

all of Fame, 2001 awyers, since 1986 since inception ption, recently:

Litigation, Litigation,

The Ethical Lawyer, The Rules of Professional Conduct, Rule 2-100

by Betsy S. Kimball

In late September, the California Supreme Court sent the proposed revised Rules of Professional Conduct back to the Bar and requested that it appoint a new commission to start over on the Rules revision.

12, 2013, 2014 013, 2014 , 2012, 2013, 2014his is the third of three ethics articles in the 2014 volume of the Sacramento Lawyer. As promised, an MCLE 013, 2014

opportunity accompanies this article. To pass, you will need to re-read all three articles and the Rules of Professional Conduct which they examine. Good luck. In this article, we will look at rule 2-100 – the rule against communicating with a represented party. As usual, the scope of this article is to make you aware of the rule, not to provide a comprehensive analysis. Rule 2-100 is a particularly challenging rule. The “grey area” between clearly forbidden contact and contact that is okay requires careful case-by-case analysis which is often dependent upon facts which the law-8446 yer cannot access. Violation of Rule 2-100 does not seem to be a major disciplinary issue with the Bar (as in lawyers being suspended, aw.com etc. for violating it), but it can have serious consequences to a case (lawyer disqualification) and give rise to a malpractice/ disgorgement of fees claim against a disqualified lawyer by a client who has to pay a new lawyer. Rule 2-100 is ambiguous. By its terms, it applies to parties, not persons, and defines the term “party.” However, the Discussion Comment states that: “Rule 2-100 is intended to control 1/8 Page Ad: communications between a member and persons the member Mark A. Ambrose knows to be represented by counsel unless a statutory scheme or Nov/Dec issue MAGAZINE case law will override the rule.”2014 (Emphasis added.) Clearly prohibited communication. Rule 2-100 prohibits communication with a party known to be represented byad, counsel without that counsel’s consent. Party includes: to run your “(1) An officer, director, or managing agent of a corporation riate box below. or association, and a partner or managing agent of a partners ship; or

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LAW OFFICES of

Mark A. Ambrose

DATE

www.markambroselaw.com | (916) 492-9170 8801 Folsom Blvd #170 • Sacramento, CA 95826

SACRAMENTO LAWYER | November/December 2014 | www.sacbar.org

8801 Folsom Blvd #170

“(2) An association member or an employee of an association, corporation, or partnership, if the subject of the communication is any act or omission of such person in connection with the matter which may be binding upon or imputed to the organization for purposes of civil or criminal liability or whose statement may constitute an admission on the part of the organization.” Greying. The grey issues under rule 2-100 are the ones that require some analysis. When is someone a managing agent? When may a represented entity’s employee be contacted? Snider v. Superior Court (2003) 113 Cal.App.4th 1187 is instructive. Defense counsel represented a former employee in litigation brought by the former employer for misappropriation of trade secrets and similar claims. Counsel contacted two percipient witnesses who were current employees of the plaintiff corporation. One was a sales manager with direct responsibility for supervision of other employees, and the other was a director of production. The appellate court reversed the trial court’s disqualification order. It concluded that neither of the contacted persons was a party within the meaning of rule 2-100, and that, even if they were “parties” under the rule, the attorney who made the contact did not have actual knowledge that they were represented by counsel. The appellate court’s detailed analysis of what constitutes a managing agent under rule 2-100 is useful, making the case a good read if you are in this situation. The court’s advice: “We emphasize ... that counsel desiring to contact an employee of a represented organization should endeavor to ensure, prior to the contact, that the employee, either because of his or her status within the organization or the subject matter of the proposed communication, does not come within the scope of rule 2-100. Further, once contact is made, counsel should at the outset pose questions designed to elicit information that would determine whether the employee comes within rule 2-100’s scope, and should not ask questions that could violate attorney-client privilege.” (Id. at pp. 1193-1194.) San Francisco Unified School Dist. ex rel. Contreras v. First Student, Inc. (2013) 213 Cal.App.4th 1212 addresses the other problematic part of rule 2-100 – part (b)(2) – “whether the subject of the communication is any act or omission of” the contacted person “in connection with the matter which may be binding upon or imputed to the organization for purposes of … liability or whose statement may constitute an admission on the part of the organization.” “We are not aware of any California decision that construes this language.” (Id. at p. 1232.) If you find yourself in this situation, take a look at this case.

AD PROOF

ETHICS

MCLE Ethics Test No. 2 The SCBA certifies that this activity has been approved for minimum legal education credit by the State Bar of California in the amount of 1 hour of ethics. [This test covers Rules of Professional Conduct 1-400, 1-600, 2-100, and 3-310(F).] 1. Attorney advertising and solicitation through social media is regulated by California Rule of Professional Conduct 3-300.

10. An attorney can never accept payment of fees from anyone other than his/her client.

11. An attorney’s or law firm’s statement posted on social media stating “Won a million dollar verdict. Tell your friends to check out my website” is a communication subject to Rule of Professional Conduct 1-400.

True

False

2. If a client’s father is paying an attorney’s fee, the attorney can share with the father what the client has said really happened when the father asks.

True

False

3. Attorney advertising in California is governed by two sets of regulations.

True

False

4. A law firm’s website is subject to professional responsibility standards governing attorney advertising.

12. An attorney’s or law firm’s statement posted on social media stating “Won another personal injury case. Call me for a free consultation” is not a communication subject to Rule of Professional Conduct 1-400.

True

False

True

False

5. A “communication” under Rule of Professional Conduct 1-400 includes a message or offer by an attorney or law firm concerning availability for employment made to either a prospective client or a former client.

13. An attorney’s or law firm’s statement posted on social media stating “Just published an article on wage and hour breaks. Let me know if you would like a copy” is not a communication subject to Rule of Professional Conduct 1-400.

True

False

6. An attorney’s or law firm’s status posting through social media may be subject to rules regarding professional responsibility and standards governing attorney advertising.

True

False

7. A solicitation under Rule of Professional Conduct 1-400 includes communications delivered in person or by telephone.

True

False

8. An attorney’s or law firm’s statement posted on social media stating “Another great victory is court today” is a communication subject to Rule of Professional Conduct 1-400.

True

False

9. A caller to an attorney’s office identifies himself as a member of the Board of Directors of Google. The attorney is representing three former Google employees against Google, but has not yet filed suit. The attorney can permissibly take the call.

True

False

True

False

14. An attorney can provide her evaluation of her client’s case to the company which is financing the litigation without the client’s consent.

True

False

15. New Rules of Professional Conduct go into effect on January 1, 2015.

True

False

16. An attorney can permissibly contact anyone who is a former employee of the corporation which the attorney’s client is suing.

True

False

17. An attorney who is on the panel of a prepaid legal services plan cannot permissibly consider how the plan would like the assigned client’s case to be handled.

True

False

True

False

20. If the party gets a call from someone saying that she is employed by the partnership which the attorney’s client is suing and the caller refuses to identify herself but wants to give the attorney “important information,” the attorney can permissibly continue the conversation and hear the “important information” because it could really help his client’s case.

True

False

QUIZ INSTRUCTION: This quiz is valid one year from date of issue. Copy this page and check each answer. Send your competed answer page to the Sacramento County Bar Association: 1329 Howe Ave., Suite 100 Sacramento, CA 95825 WITH YOUR MCLE FEES SCBA MEMBERS: $25 NON SCBA MEMBERS: $40. Please allow 6 to 8 weeks for your certificate of completion to be mailed to you. I submit these answers as my own: Name: ______________________________ Bar Number: _________________________ Date: _______________________________ Address:_____________________________ City: ________________________________

False

18. An attorney can permissibly accept his client’s verbal permission to accept payment of her fees by her father.

19. Once an attorney has completed her representation of the client, she no longer owes the client a fiduciary duty other than to maintain his confidences.

State: _______________ Zip: ____________ Email: _______________________________ Phone: __________________________

www.sacbar.org | November/December 2014 | SACRAMENTO LAWYER

RESTAURANT REVIEW

The Ad Hocs Photography by Mary Burroughs

�

RESTAURANT ALL THAT ITS NAME IMPLIES

SACRAMENTO LAWYER | November/December 2014 2014| |www.sacbar.org www.sacbar.org

lanning an intimate holiday dinner? Want to share a meal with good friends? The Ad Hocs suggest Moxie Restaurant, located at 2028 H Street, in midtown. When you enter the dimly lit restaurant, you are greeted – and treated – as a long awaited guest. The restaurant is small. Rat Pack and Mafioso tributes adorn the walls. The rich wooden bar draws you in to a dining experience unique to most restaurants in the Sacramento region. Unlike many restaurants which rely upon the same menu for many months or even years, Moxie makes each visit a different dining experience. The menu boasts, “AT MOXIE YOU GET WHAT YOU WANT. IF IT’S IN THE BUILDING (OR CLOSE BY) WE WILL PREPARE IT.” To the food – delicious. On nights the Ad Hocs dined, starters included sweet crab cakes, full of crab and perfectly cooked with a crisp outer crust and accompanied by a variety of sauces; crab potstickers; grilled portabella mushroom with spinach, bleu cheese and red wine sauce among others. Entrees included several fish dishes: Chilean sea bass with a bisque-like seafood sauce over creamy horseradish-infused mashed potatoes, crisp baby carrots, and green beans (a favorite); lobster raviolis topped with a flavorful red wine and scallion mushroom sauce (also a favorite); and a salmon filet served with a ginger soy glaze and topped with crunchy toasted sesame seeds and grilled prawns (pictured). For the carnivores, the choices included a tender lamb loin and an outstanding flank steak marinated with Asian spices and a mushroom cabernet sauce. Moxie’s jambalaya is one of the best we’ve had outside of Cajun country -- spicy and rich with andouille sausage, shrimp, and chicken. Desserts at Moxie are elegantly prepared, delectable, and diverse. Moxie’s wine list is also worth noting. Owner Adam Chaccour prides himself in finding good regional small production wineries. We suggest letting Adam select the perfectly paired wine for your dinner. The restaurant also has a selection of beers by the bottle and a full bar, should you be so inclined. Moxie is open Tuesday through Saturday for dinner. Call for reservations. Bon appétit.

www.sacbar.org | November/December 2014 | SACRAMENTO LAWYER

AFFILIATES NEWS

Jo Michael is

SacLEGAL Hosts Welcome Dinners for King Hall and McGeorge by Monica Baumann and Jo Michael

Pacific McGeorge students and faculty, SacLEGAL board members, and Sacramento attorneys enjoying a good meal and good conversation at the McGeorge Welcome Dinner

acLEGAL, Sacramento’s LGBT bar association, hosted two dinners at the end of August, one to welcome students involved with the Lambda Law Students Association at Pacific McGeorge, and the other to welcome students involved with King Hall Lambda. SacLEGAL is very grateful for the sponsorship of Mastagni Holstedt, P.C., whose generosity allowed us to host students and professors at both dinners. The McGeorge Welcome Dinner took place on August 22, 2014, at El

Legislative Associate with Equality California and CoChair of SacLEGAL.

Monica Baumann is Director of Legal and Regulatory Affairs with the California New Car Dealers Association.

King Hall students, SacLEGAL board members, and Sacramento attorneys around the table at the King Hall Welcome Dinner

Novillero, a restaurant not far from the campus. Board and attorney members of SacLEGAL, many of whom are McGeorge alums, mingled with a strong turnout of students and faculty, and enjoyed a sit-down dinner. Each of three large tables seated students, professors, and attorneys, providing ample opportunity for great conversations. A number of students and attorneys signed up to participate in SacLEGAL’s mentorship program with those conversations as the starting point for ongoing interaction.

SACRAMENTO LAWYER | November/December 2014 | www.sacbar.org

SacLEGAL Co-Chair Jo Michael, Pacific McGeorge Professor and SacLEGAL CoFounder Larry Levine, SacLEGAL board members Nick Norvell and Pam Jones, Pacific McGeorge students Shelly Payne and Riha Pathak, and SacLEGAL Board member Allison Cross

The King Hall Welcome Dinner took place on August 29, 2014, at Sudwerk Restaurant & Brewery, a popular location for King Hall social events. Dean Kevin Johnson and King Hall professors greeted SacLEGAL board members and practicing attorneys, as well as a number of new and returning students. A buffet dinner allowed the students to meet Sacramento-area practitioners from a wide variety of practice-types. Board members invited students to join SacLEGAL to take advantage of the year’s exciting opportunities for networking, mentoring, and professional development. One of SacLEGAL’s goals is to continue fostering a legal community in Sacramento that embraces openly LGBT attorneys. An important ongoing aspect of that effort is to ensure that LGBT students at area law schools are welcomed into that community while they are still working toward becoming attorneys. These welcome dinners are part of that tradition, and SacLEGAL plans to make them annual events.

BARRISTERS’ NEWS

Katie Nystrom is an associate at Kronick Moskovitz Tiedemann & Girard and the Barristers’ Media Chair.

Barristers’ Club Update

Sacramento Superior Court Judges David Brown and Raymond Cadei Present a Law and Motion Seminar The Sacramento County Superior Court civil law and motion judges can put another successful Law and Motion Seminar in the books! In July, Judges David Brown and Raymond Cadei hosted Barristers’ Club members in the law and motion courtroom. Both judges delivered invaluable advice for Barristers’ members appearing in their courtroom. Perspectives from the bench included: inner-workings of the law and motion department, how motions are reviewed and considered by the judges, common procedural pitfalls for attorneys to avoid, how to argue effectively both positive and negative tentative rulings, and the importance of civility with the court and opposing counsel. As always, the Law and Motion Seminar was an event not to be missed! The Barristers’ Club would like to extend an enthusiastic “Thank you!” to Judge Brown and Judge Cadei for knocking this presentation out of the park, as they do every year.

The Barristers’ Club Hosts Its 22nd Annual Summer Associates Reception The Barristers’ Club also hosted its 22nd Annual Summer Associates Reception to honor local summer associates, as well as firms participating in the SCBA’s Diversity Hiring and Retention Program. Participating firms hired a first-year diversity law student for the summer. The Summer Associates Reception, held at the Park Ultra Lounge, also celebrated all of our Sacramento-area summer associates. As always, the event had a tremendous turnout from the local legal community, including summer associates, judges, and attorneys. The Barristers’ Club could not have hosted such a wonderful evening without the support from our generous sponsors. Please join the Barristers’ Club in extending a heartfelt thanks to this year’s sponsors:

by Katie Nystrom

Mastagni Holstedt, PC Matheny Sears Linkert & Jaime LLP Orrick, Herrington & Sutcliffe LLP Porter Scott Remy Moose Manley LLP Stoel Rives LLP Timmons, Owen, Jansen & Tichy, Inc. UC Davis School of Law Pacific McGeorge School of Law

Index of Advertisers 100% Club Members - SCBA. . . . . . . . . . . . . . . . 33 Aaron McKinney w/Shore McKinley & Conger. . . . 12 ABOTA Masters in Trial. . . . . . . . . . . . . . . . . . . . . 22 ABOTA Sacramento Valley Chapter. . . . . . . . . . . . 21 ADR Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Appellate Law Section (Bob Lucas) . . . . . . . . . . . . 21 ASA Norcal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Buzz Wiesnefeld . . . . . . . . . . . . . . . . . . . . . . . . . 14 Capitol City Trial Lawyers Association . . . . . . . . . . 22 Carroll, Burdick & McDonough. . . . . . . . . . . . . . . 31 Dreyer,Babich,Buccola,Wood & Campora . . . . . . . 22 Eleskis & Elder Photography . . . . . . . . . . . . . . . . . 31 Hansen, Kohls, Sommer & Jacob, LLP . . . . . . . . . . 25 Hon. Darrel W. Lewis (Ret.) Mediator. . . . . . . . . . 15 JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Jay-Allen Eisen Law Corporation. . . . . . . . . . . . . . 9 Ken Malovos. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Kimball & Wilson, LLP. . . . . . . . . . . . . . . . . . . . . . 21 Mark Ambrose, Atty at Law . . . . . . . . . . . . . . . . . 28 Mastagni Holstedt. . . . . . . . . . . . . . . . . . . . . . . . . 2 Northern California Collections. . . . . . . . . . . . . . . 13 Ramirez Arbitration. . . . . . . . . . . . . . . . . . . . . . . . 11

Boutin Jones Inc. Downey Brand LLP Greenberg Traurig LLP Littler Mendelson, PC

Sacramento County Public Law Library. . . . . . . . . 14 Terry Gilbeau. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Thank You to Bench-Bar Sponsors. . . . . . . . . . . . . 6 Ueltzen & Co.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

www.sacbar.org | November/December 2014 | SACRAMENTO LAWYER

AFFILIATES NEWS

Shama Mesiwala is a co-founder SABA of Sacramento.

SABA of Sacramento Hosts Its Seventh Annual Diversity Law Student Reception by Shama Mesiwala

he South Asian Bar Association (SABA) of Sacramento hosted its Seventh Annual Diversity Law Student Reception at Shama Mesiwalaâ&#x20AC;&#x2122;s home in Davis on September 20, 2014. The reception, attended by over 130 people, provided the opportunity for law students from all backgrounds to mingle over Indian appetizers and desserts with local judges and attorneys in a re-

laxed backyard setting. SABA was honored by the attendance of Presiding Justice Vance Raye, Justice Ron Robie, Justice Louis Mauro, Justice Elena Duarte, and Justice Andrea Hoch from the Court of Appeal, Third Appellate District; Judge Dave Abbott, Judge Raoul Thorbourne, Judge Russ Hom, Judge Thadd Blizzard, Judge Christopher Krueger, and

Robin Basra, Latika Sharma, Brad Coutinho, Gagan S. Kaur, Tej Grewal, Sonia Fernandes and Mirwais Haider

Photos by Bianca Del Cioppo

Tony Bell and Judge Raoul Thorbourne

Judge Stephen Acquisto from the Sacramento County Superior Court; Director of Field Placement Colleen Truden and Assistant Dean of Administration Elisa Levy from Pacific McGeorge; and Assistant Dean of UC Davis Law School Career Services Craig Compton. The reception was generously underwritten by Pacific McGeorge, UC Davis, and Lincoln Schools of Law.

David Graulich, Rabia Majeed and Colleen Truden

Judge Stephen Acquisto talking with Justice Louis Mauro and law students

Oona Mallet, Justice Elena Duarte, and Matt Segal SACRAMENTO LAWYER | November/December 2014 | www.sacbar.org

Presiding Justice Vance Raye and Rosie Bains

SACRAMENTO COUNTY BAR ASSOCIATION

AFFILIATES NEWS

100% Club SCBA 100% Club Firms are firms with five or more attorneys with 100 percent membership in the SCBA. We thank these firms for their generous support through their membership dues. Learn more about the firm by clicking on the firm name, which will take you to the firm’s website. If your firm would like to be added to the list of SCBA 100% Club Firms, contact the SCBA staff today.

Nilesh Choudhary, Justice Louis Mauro, Judge Chris Krueger, Justice Andrea Hoch, and Justice Ron Robie

Abbott & Kindermann LLP

Hanson Bridgett LLP

Archer Norris

Hansen Kohls Sommer & Jacob, LLP

Bartholomew & Wasznicky, LLP

Hardy Erich Brown & Wilson

Bartkiewicz Kronick & Shanahan

Hefner Stark & Marois, LLP

Boutin Jones, Inc.

Hiroshima Lewis & Daggett

Carroll Burdick & McDonough LLP

Jacobsen & McElroy, PC

CA Dept. of Veterans Affairs

Johnson Schachter & Lewis, A Prof. Law Corp.

CAL HR CA Medical Association Chang Ruthenberg & Long PC Cook Brown, LLP Cuneo Black Ward & Missler Day Carter & Murphy LLP

Dawei Chi, Gagan B. Kaur, Rosie Bains, Rav Grewal, and Judge Thadd Blizzard

Desmond Nolan Livaich & Cunningham Diepenbrock Elkin, LLP Downey Brand, LLP

Klinedinst, PC Knox Lemmon & Anapolsky Kronick Moskovitz Tiedemann & Girard Langenkamp Curtis & Price, LLP Lauria Tokunaga Gates & Linn, LLP Legacy Law Group Littler Mendelson PC Locke Lord, LLP

Longyear O’Dea & Lavra LLP Dreyer Babich Buccola Wood Campora, LLP Mastagni Holstedt, P.C. Ellison Schneider & Harris LLP

Matheny Sears Linkert & Jaime LLP

Fagen Friedman & Fulfrost LLP

Meegan Hanschu Kassenbrock

Farmer Smith & Lane LLP

Murphy Austin Adams Schoenfeld LLP

Felderstein Fitzgerald Willoughby & Pascuzzi, LLP

Nossaman LLP

Greenberg Traurig

Dr. Shahid Manzoor, Gagan B. Kaur, Rebecca Caporale, Aimee Martin, and Theresa Schriever

Gurnee Mason & Forestiere, LLP Hackard Law Corporation

Olson Hagel & Fishburn LLP Palmer Kazanjian Wohl Hodson, LLP Porter Scott Radoslovich | Krogh, PC Rediger McHugh & Owensby LLP Remy Moose Manley, LLP Renne Sloan Holtzman Sakai LLP Rothschild Wishek & Sands, LLP Schuering Zimmerman & Doyle LLP Smith McDowell & Powell Somach Simmons & Dunn Stoel Rives, LLP Thomas Law Group Timmons Owen & Owen Inc. Wagner Kirkman Blaine Klomparens & Youmans, LLP Weintraub Tobin Wilke Fleury Hoffelt Gould & Birney LLP

www.sacbar.org | November/December 2014 | SACRAMENTO LAWYER

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

1329 Howe Ave., #100 • Sacramento, CA 95825

SCBA Annual Meeting Honoring Distinguished Attorney of the Year Justice Arthur Scotland Installing SCBA Officers & Directors Recognizing 100% Firms

DATE Monday December 15, 2014 MCLE Prior to Annual Meeting FREE for SCBA Members $100 for Non-Members 1 Hour Ethics - Topic: “Attorney Fees, Practically and Ethically”

Speaker: Kenneth Bacon of Mastagni Holstedt

TIME 11:30 Check in 12:00 Lunch PLACE Sheraton Grand 1230 J Street

10:30-11:30am

Keynote Speaker: Chief Justice of California

Tani Cantil-Sakauye Ticket information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for non-members. After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or (916) 564-3780. Send checks SCBA, 1329 Howe Ave #100, Sacramento, CA 95825 SACRAMENTO LAWYER | November/December 2014 | payable: www.sacbar.org 36 call