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The Los Angeles County Bar Association Appellate Courts Section Presents Meet 4 New Justices of the 2nd Appellate District Tuesday, January 22, 2019 Program - 4:30 PM - 6:00 PM California Court of Appeals , Los Angeles 1.5 CLE Hours (INCLUDES 1.5 HRS OF APPELLATE COURTS SPECIALIZATION CREDIT) Provider #36 The Los Angeles County Bar Association is a State Bar of California approved MCLE provider. The Los Angles County Bar Association certifies that this activity has been approved for MCLE credit by the State Bar of California.

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Page 1: Meet 4 New Justices of the 2nd Appellate District › docs › default-source › section-documents › a… · Meet 4 New Justices of the 2nd Appellate District Tuesday, January

The Los Angeles County Bar Association

Appellate Courts Section Presents

Meet 4 New Justices

of the

2nd Appellate District

Tuesday, January 22, 2019

Program - 4:30 PM - 6:00 PM

California Court of Appeals , Los Angeles

1.5 CLE Hours (INCLUDES 1.5 HRS OF APPELLATE COURTS SPECIALIZATION CREDIT)

Provider #36

The Los Angeles County Bar Association is a State Bar of California approved MCLE provider.

The Los Angles County Bar Association certifies that this activity has been approved for MCLE

credit by the State Bar of California.

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Meet 4 New Justices of the

2nd Appellate District Program

January 22, 2019

Associate Justice Helen Bendix, Division One

Associate Justice Anne Egerton, Division Three

Associate Justice Carl Moor, Division Five

Associate Justice Martin Tangeman, Division Six

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Justice Helen I. Bendix Division 1

300 S. Spring Street, South Tower Los Angeles, California 90013

Employment History Justice, Court of Appeal (Second District-Division 1) (4/17/18 to present); Judge, Los Angeles Superior Court (1/00-4/16/18) and Supervising Judge of the MSC Courts (2013-4/16/18); Judge, Los Angeles Municipal Court (3/97-12/99); Senior Vice President and General Counsel of KCET (9/96- 2/97); Partner, Heller, Ehrman, White & McAuliffe (Los Angeles, 1989-1996); Of Counsel, Gibson, Dunn & Crutcher (Century City, 1986-1989); Partner (formerly associate), Leva Hawes, Symington, Martin & Oppenheimer (Washington, D.C., 1980-1985); Associate, Wilmer, Cutler & Pickering (Washington, D.C., 1978-1979); Law Clerk, Hon. Shirley M. Hufstedler (Ninth Circuit, 1976-1977). Education Yale Law School (J.D. 1976); Cornell University (B.A. 1973, College Scholar and Phi Beta Kappa); Hunter College High School (1970). Faculty Positions

Pepperdine University School of Law-Straus Institute for Dispute Resolution (Mediation

(September, 2008 and January, 2010)); Civil Law Institute (ADR (2008); Privacy Law (2007)); LASC Continuing Judicial Education (Arbitration (2006)); UCLA Law School (Acting Professor of Public International Law and Japanese Law (1980), Visiting Professor of Law in Civil Procedure and Remedies at UCLA (1985- 1986)); American University Law School (Adjunct Professor of Japanese Law (1983)).

Professional Affiliations

American Law Institute (2005-present); Chancery Club (1995-present); Judicial Council: Ad Hoc Committee on Court Efficiencies (2012); Civil and Small Claims Advisory Committee and Chair of ADR Subcommittee (2008- 2017); Access and Fairness Committee (2001-2004); Working Group on Mediator Ethics (2000-2002); Supreme Court Advisory Committee on Canon 6D (1998); Superior Court: Vice-Chair (formerly member) of the Civil and Small Claims

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Committee since 2009; Vice Chair and immediate past Chair of the ADR Committee (formerly member) since 1999; Bench-Bar Committee (2007-present); Media Committee (2000-2002); Municipal Court for the Los Angeles Judicial District: Chair of Media Subcommittee of the Courts and the Public Committee (1998); Speakers Bureau (1998- 1999); Legislation Committee (1998); Budget Committee (1999); California Judges Association: Public Information and Education Committee (March 1997-2000); Municipal Court Judges' Association: Budget Committee (1999); Legislation Committee (1998); Annual Conference Committee (1997); European Union Center of California (Member of Executive Advisory Board, (2003-2005).

Bar Association Positions

Los Angeles County Bar Association, (Executive Committee of the Litigation Section, 2013-present; Board of Trustees, 1994-1997; Bench, Bar and Media Committee, 1999; Government Resources Committee, 1996-1997; Audit and Finance Committee, 1996-1997; Diversity Roundtable 1994-1995; Chairperson of Outstanding Trial Jurist Review Committee, 1995; Governance Committee, 1995); Dispute Resolution Services President 2000; Former Editor-in-Chief of ADR Newsletter of the Los Angeles County Bar Association’s ADR Section and Founding member and officer of the Los Angeles County Bar Association’s ADR Section, 1994-1998); California Bar Association (Chair of International Law Section, 1990-1991; Member of Commission on Foreign Legal Practice, 1991).

Publications Author: “The Real Peacemakers of 90012,” Gavel to Gavel (March 2014)

“ADR: The Song of Justice,” The Advocate (June 2009); “Animis Opibusque Parati,” California Courts Review (Spring 2008) (describing efforts to assist self-represented litigants in court-sponsored ADR); “An Alternate View to Justice Ruvolo’s Critique of ADR, California Litigation (Volume 20, No.2 2007); “LA Superior Court Offers a Neutral Evaluation Program,” The Advocate (November 2007); “Civility is a Two-Way Street,” The Advocate (October 2006) (a judge’s perspective on civility in the courtroom); “Judicial Muses,” Los Angeles Daily Journal (November 29, 1999) (chronicling judges and justices, who have been musicians); “How Much Must Experts Disclose?” Los Angeles and San Francisco Daily Journal

(January 26, 1996);

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“Alternative Routes,” Los Angeles and San Francisco Daily Journal (December 13, 1995);

“An ADR Primer,” LACBA ADR Sourcebook (June, 1994); “ADR is Alive and Well in the California District Courts,” LACBA ADR Newsletter

(January, 1994); “An Introduction to ADR,” ADR Newsletter (June, 1993); “Firms Owe Mothers in Law a Break,” Legal Times, p. 16 (December 5, 1988) (arguing

that child birth is not like elective surgery and that if firms want to retain talented women, they should welcome alternative work schedules).

“Interaction of Business and Government in Japan: Lessons for the United States,” 15 Int. Law 571 (1981).

Co-Author:

Moore’s Federal Practice on Supreme Court Practice and Procedure (Matthew Bender, 1980) (with J.W. Moore and R. Ringle);

Moore's Federal Practice on the Federal Rules of Evidence (Matthew Bender, 1976) (with J.W. Moore);

“Congress, Evidence and Rulemaking,” 84 Yale L.J. 9 (1974) (with J. W. Moore); Monograph entitled “Private Judging: Privatizing Civil Justice” (National Legal Center for the Public Interest, 1997) (with R. Chernick and R. Barrett);

“Renting the Judge,” ABA Litigation (Fall, 1994) (with R. Chernick).

Awards

--Southern California Mediation Association, Cloke-Millen Award (co-awarded to Judge Jane Johnson), in November, 2009; --Southern California Mediation Association Peacemaker of the Year Award in 2002; --2001 Emil Gumpert Judicial ADR Award from Dispute Resolution Services; --One of 50 women featured in the Los Angeles Business Journal in ΑThe 50 Most Powerful Women in Los Angeles Law” (February 9, 1998); --One of ten lawyers featured in the American Lawyer’s Tenth Anniversary Edition on “Ten Years of Upheaval and Ten Who Made It Happen” (March 1989); --One of 24 U.S. representatives to Anglo-American Successor Generation Conference in Philadelphia in 1986 and rapporteur of the Conference's subconference on Trade, Technology and the International Economy; Moderator of Fifth British American Successor Generation Conference in Buxted, England in 1989; --Recipient of grant from the American Bar Foundation to study Japanese language at the Johns Hopkins School of Advanced International Studies in Washington, D.C.

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Helen I. Bendix An early advocate of alternate dispute resolution, Judge Helen Bendix is regarded as an expert.

Helen I. Bendix Superior Court Judge Los Angeles County (Stanley Mosk Courthouse)

Career highlights: Elevated by court unification to Los Angeles County Superior Court, 2000; appointed by Gov. Pete Wilson to Los Angeles County Municipal Court, 1997; vice president and general counsel, KCET, Los Angeles, 1996-97; partner, Heller, Ehrman, White & McAuliffe, Los Angeles, 1989-96; of counsel, Gibson, Dunn & Crutcher LLP, Los Angeles, 1986-89; associate and partner, Leva, Hawes, Symington, Martin & Oppenheimer, Washington, D.C., 1980-85; associate, Wilmer, Cutler & Pickering, Washington, D.C., 1978-79; clerk for Judge Shirley M. Hufstedler, 9th U.S. Circuit Court of Appeals, 1976-77

Law school: Yale Law School, 1976

Age: 61

By Chase Scheinbaum

LOS ANGELES - Nearly three decades ago, Los Angeles County Superior Court Judge Helen I. Bendix was an early proponent of alternate dispute resolution. She also was a founding member and officer of the Los Angeles County Bar Association's ADR Section in the mid 1990s.

Bendix has consistently focused on the field, authoring numerous articles on the subject and teaching at Pepperdine University School of Law's Straus Institute for Dispute Resolution.

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"I was one of the people who got the bar interested and made it popular," Bendix said.

Three-and-a-half years ago, the Superior Court assigned her to its mandatory settlement conference program as a full-time settlement judge. Today, as supervisor of that program, she oversees seven other settlement judges and demonstrates an uncanny mastery of case resolutions, according to lawyers who have recently had matters before her.

In her chambers at the Stanley Mosk Courthouse, adorned with numerous photos of family members including her husband, U.S. District Judge John A. Kronstadt, Bendix again and again shows a touch for finding resolutions that have eluded attorneys and sometimes even private mediators.

"Judge Bendix is truly one of the best settlement judges that I've ever appeared in front of," said Edward Susolik of Callahan & Blaine.

Susolik recently settled a bicycle accident lawsuit before the judge for $15 million. The matter had undergone six days of private mediation spread over a year. Bendix resolved it in two days, he said.

"She was able to break a major logjam" that arose between three defendants, Susolik said. "She was instrumental in getting the case settled."

"She's extremely intelligent and grasps the issues very quickly," he added. "She's also very good with people and is able to speak to the clients in a very human way."

In fact, Bendix credits her people skills as part of her success. Many mediators will focus too intensely on numbers, she said, instead of focusing on what motivates the plaintiff and defendant.

"Most mediators talk to lawyers without the party. I don't do that. The client is more often than not in the room," she said. "The homework for the client all day is, 'Do you want to go to trial or settle?'"

In one instance, attorneys before Bendix were bedeviled by a case that would not settle. At long last, though, she had some insight as to why the Korean defendant did not want to settle. With her knowledge of Japanese, a language she speaks along with German, she realized that in Korean the notion of settling carries with it "shame and disgrace," she said. "He didn't feel either."

She explained to the defendant that when a case settles, it is dismissed. That did the trick.

"It was purely a translation issue," she said. "You have to have your emotional antennae attuned to cultural differences."

As a trial judge handling an independent calendar of general civil matters, an assignment she held for 14 years, Bendix was known for issuing lengthy tentative rulings and being so

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exhaustive it frustrated some attorneys. These days, that tirelessness finds a place in her all-hours approach to settlements. She receives a constant stream of text messages and visitors to her chambers regarding settlements.

"I make myself available all hours and I never give up," she said.

Twice recently, Mark Geragos of Geragos & Geragos APC has appeared before Bendix on matters that did not settle in private mediation. Bendix resolved both matters, a legal malpractice suit against a law firm and a wrongful death suit.

"She's an extremely hard worker and puts the clients at ease," Geragos said. "She drills down into the legal issues, which is surprising because a lot of mediators don't do that - it's all about numbers. She really will wrap her head around the issues in the case and point out your weaknesses and strengths."

Attorneys can help the settlement process along, too, Bendix said, by explaining to clients how the settlement process differs from trial as well as the strong and weak points of a suit.

"Often, they're hearing it from me for the first time," she said.

It also helps, she said, when clients understand that the settlement process is one in which the client is in control. "The truth is I can't make anyone settle anything," she said. "They look at me dumbfounded when I tell them I'm powerless."

Paul Hastings LLP attorney Dennis Ellis agreed on the extent of Bendix's skills. "What I've seen of her is truly impressive," he said.

In the past year, he has appeared before her in three matters in which he represented a major cosmetics company. In each case, he said, she facilitated a clever resolution.

"In one matter, she found a solution that was accepted by both parties that only she could have devised based on her extreme knowledge of the laws and issues in a class action matter," he said.

"She's been able to use her expertise developed as a litigator and trial lawyer herself to extreme benefit. As a jurist, she was incredibly thoughtful and practical but had the capacity to be decisive and [help] the parties move the case forward toward settlement and trial," he added.

Michael Bidart, who has also appeared before Bendix recently, said the judge is "extremely bright," but "hasn't lost the ability to deal with people."

"That's why she's so effective in the settlement environment."

Bidart, of Shernoff Bidart Echeverria Bentley LLP, cautioned other attorneys to be adequately prepared and know the legal matters pertaining to their cases.

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"Make sure you're not taking short cuts and you really know your facts well and have your legal authorities ready because she can spot it if you don't," he said.

"She's the kind of person who has a lot of experience with people and yet knows the law very well. She really understands it and asks good questions. She puts everyone to the test and evaluates their position."

Richard Davidoff of Davidoff & Davidoff, who recently appeared before Bendix, found her to be patient and pleasant to be around.

"If she weren't the genuinely nice person she is, she wouldn't be as effective as she is. It gives her that extra patience to hear those facts and arguments," he said.

Bendix was first appointed to the bench as a municipal court judge by Gov. Pete Wilson in 1997. She became a superior court judge in 2000 through court unification. Her time on the bench followed a career as a civil attorney in a variety of positions.

Bendix, who grew up in New York City's Upper East Side to German-Jewish immigrant parents, is a trained violinist and viola player. She performs with the Palisades Symphony and the Los Angeles Lawyers Philharmonic, which performs next on June 14 at Walt Disney Concert Hall.

Bendix is also an avid runner and hiker, a passion she indulges in while at her lakeside cabin in the Adirondack Mountains in northern New York. Her twin sister is a medical researcher specializing in psoriasis. She and her husband, who met while attending Cornell University, have three children.

As much as she has shown skill as a settlement judge, Bendix is being considered for the court of appeal, a post she said she would welcome as the next step in her career despite loving her current assignment.

"I love what I'm doing here," she said, "and I would enjoy that as a next step in my career."

Here are some of Judge Bendix's recent cases and the lawyers involved:

L.B. Research and Education Foundation v. The UCLA Foundation, BC305136 - breach of contract

For the plaintiff: Marc Smith, Krane & Smith APC, Encino

For the defendant: Richard C. Davidoff, Davidoff & Davidoff, Beverly Hills

Encinas v. County of Los Angeles, BC377343- employment discrimination

For the plaintiff: Genie E. Harrison, Genie Harrison Law Firm, Los Angeles

For the defendant: Christy L. O'Donnell, McCune & Harber LLP, Los Angeles

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Phillips v. Sherak, BC432883 - breach of partnership, fraud

For the plaintiff: Roderick G. Dorman, McKool Smith PC, Los Angeles

For the defendant: Michael T. Anderson, Raskin Anderson Law, Culver City

Saperstein v. Paul Hastings Janofsky & Walker LLP, BC393920 - malpractice

For the plaintiff: J. Michael Hennigan, McKool Smith PC, Los Angeles

For the defendant: Christopher B. Hockett, Davis Polk & Wardwell LLP, Menlo Park

[email protected]

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ROBERT LEVINS / Daily Journal

Focused on the Details Los Angeles Superior Court Judge Helen I. Bendix has earned a reputation for her diligence and generous apportionment of time for arguments, motions and mediation. By Susan McRae Daily Journal Staff Writer LOS ANGELES - Superior Court Judge Helen I. Bendix is famous for her diligence and hard work. Her tentative rulings often run five pages or more, complete with footnotes, even on law and motion matters. During court proceedings, lawyers say, it is not unusual to receive e-mails from her in the middle of the night or over a weekend with her thoughts about a specific aspect of a case they have before her. "My assumption is she never sleeps," said attorney Joel E. Boxer of Bird Marella Boxer Wolpert Nessim Drooks & Lincenberg. Boxer appeared before Bendix recently in a three-week bench trial over a complicated and emotionally wrought debate involving a contractual real estate matter. "In deciding motions, she was so attentive to detail, she would have read the exhibits to the exhibits," added Elizabeth D. Mann of McDermott Will & Emery, one of the opposing counsel on the case. "She wants to explore every nook and cranny," agreed William D. Chapman of Smith, Chapman & Campbell in Santa Ana, who appeared in another case before her. "Her only weakness is she has a hard time letting go," Chapman said. He recalled one instance in which the judge spent so much time with him and opposing counsel over what to include in jury instructions that he finally said, "Rule against me. I just want to move forward." But if that is a failing, lawyers say, then it is one that is welcome in the world of overcrowded courts, where many complain they don't get enough attention or time to appropriately plead their case.

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Bendix said she is aware of criticism that she sometimes does too much and lets lawyers talk too long. But lawyers are entitled to a decision and to know the reason for it, she said. She also wants a clear record for appeal. "Every case that gets filed here is serious, as far as I am concerned," said Bendix, who presides over a civil case court at the downtown Stanley Mosk Courthouse. "And it's not just the monetary value; it's the fact that they are here." With each new case, she said, she focuses on how she can help resolve it with the least emotional wear and tear. "A lot of cases are about relationships, about disappointments," she said. "The fact that they are going to a bunch of strangers means they really need help, that they couldn't do it themselves. "Some lawyers clearly want me to stay out of the matter; they just need a trial date. "But with others, it's obvious they need me." And that's where Bendix, who also serves as chairwoman for the court's committee on alternate dispute resolution programs, feels she does some of her best work. One of her proudest moments was being able to settle a case that had been going on for 10 years. The dispute, which began as a simple matter of collecting unpaid fees, had mushroomed into an unwieldy stalemate, defying attempts at resolution by expert settlement judges and mediators. By the time it reached Bendix, both sides were determined to go to trial. "She saw what was really needed and was able to convince both parties and the other attorney that this case was ripe for settling and not to push it in front of a jury," attorney Wilfred J. Killian said. Killian, who had been brought in by the defense to try the case after settlement attempts failed, said the first thing he did, which he does before appearing before any judge for the first time, was to watch her in action. "I sat in her courtroom for days, listening to how she interacted and solved problems," Killian said. At the end of that time, he said, he couldn't wait to go before her. "She's such a fair judge," he said. "She always listens to both sides. She gives lawyers plenty of time. Even with law and motions, she issues tentatives." Killian was impressed by Bendix's tendency to deliver lengthy and detailed tentatives, while remaining open to rethinking her position and changing it if an attorney could persuade her otherwise. In his case, Killian said, after convincing the lawyers and parties to negotiate once again, Bendix invested four full days in settlement talks to reach a resolution. "It's unheard of for a judge to invest more than two hours," Killian said. "She brought us into the jury room, went back and forth, meeting with the parties, the attorneys. It was unique and amazing for a judge to put forth that type of effort." In some instances, Bendix said, a case needs to be litigated to decide certain issues and matters of law before work on settlement can proceed. After cases reach that pared-down state, she said, many disputes turn out to be motivated by factors much different than what first appeared. Oftentimes, the solution goes beyond a legal ruling. Take, for instance, a dispute between a devout Jew and an evangelical Christian. Both parties respected each other because of their religious ideals, but were unable to resolve their differences.

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After many days and nights of pondering and research, Bendix said, she was able to bring the parties together once she figured out the settlement amount had to match a number that had significance in the cabala, a collection of ethical and mystical Jewish writings. Then there was the battle between neighbors over a property easement. One neighbor was a quadriplegic, who could communicate only by eye movements, which his wife had to interpret. To have subjected the man to a trial, Bendix surmised, would have been extremely painful. Bendix told the parties, whatever the outcome, they would still have to live as neighbors. She convinced them it would be better to work out a solution that would give them both control over the outcome than to have it imposed on them. In the end, she said, they redrew property lines to reroute a handicap access. "That's never something that will be in the law books," she said of the case. "But I felt proud because two families' lives were improved." Bendix also is proud of her work when cases go to trial. Reaching into a file drawer, she pulled out a handful of letters from jurors. In describing their experience, the panelists used words like, "wonderful," "astute," "extremely professional." "I want to be evaluated," she said. "You couldn't pay for this kind of feedback." Several jurors wrote they were bothered that different interpreters had been used on their case, some clearly better than others. Since then, Bendix said, she makes sure the same interpreter is available throughout the trial. A former civil litigator, Bendix, 54, was appointed to the Los Angeles County Municipal Court in 1997 by Gov. Pete Wilson and began hearing criminal cases. She was elevated to Superior Court in 2000 upon court unification, and has been presiding over a civil department ever since. Her chambers have a comfortable, lived-in feel that, lawyers say, reflects her personality and puts one at ease. Art and family photos abound. A Victorian settee sits on an oriental rug spread over the plain wall-to-wall office carpeting. Stacks of files are piled in every direction - on a credenza, her desk. A metal trolly holds 21 three-ring notebooks, brimming with papers. They all pertain to one motion in an insurance case, which has 187 underlying construction defect claims that she had to trifurcate into three trials. If she's daunted by the caseload, it doesn't show. Everything she does, whether talking to colleagues or listening to lawyers plead their case, gets her undivided and enthusiastic attention, as if it is the only thing on her mind. Bendix credits her mother for her motivation and drive. A German-Jewish refugee, she raised Bendix and her twin sister, Alice, now a physician, after their father died when the girls were 2 months old. Thanks to some stock dividends and a rent-controlled apartment, the family managed reasonably well. When the girls were in junior high school, her mother trained as a dental hygienist and worked part time. Bendix said her mother taught her children never to be dependent on someone else financially, because you never know what will happen. She also taught them to appreciate work as more than just a necessity. That appreciation extended to the arts. Her mother played cello. Ever practical, she reasoned that to perform in concerts she needed backup. So, Bendix dutifully learned violin and viola; her sister, piano. They became the Bendix trio, and the experience taught Bendix valuable skills for appearing in public. It also taught her perfectionism. When a teacher suggested she could become a professional

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musician, Bendix discounted the idea because she knew she never would play as well as Isaac Stern. "Whatever I did, I wanted to be really good at it," said Bendix, who counts the Marine Corps marathon she ran in the late 1970s in three hours and 50 minutes among her proudest accomplishments. The other has been the law, which she discovered while doing undergraduate work at Cornell University. It was also at Cornell where she met her future husband, John Kronstadt, who is a Los Angeles County Superior Court judge, too. The couple has three children, ages 15 to 24. Their oldest, a daughter, is taking her finals at Yale Law School, where both Bendix and Kronstadt graduated in 1976. After law school, Bendix clerked for Shirley Hufstedler, then a judge on the 9th U.S. Circuit Court of Appeals. The following year, Bendix became an associate at Washington, D.C.'s Wilmer, Culter & Pickering. A year and a half into the job, she was offered a position as acting professor on the tenure track at UCLA School of Law. Bendix and her husband, then an associate at D.C.'s Arnold & Porter, moved to Los Angeles. Though Arnold & Porter had no Los Angeles branch at the time, Kronstadt worked out an arrangement to continue as an associate, practicing out of a small office. But after a year, Kronstadt felt he needed to return to Washington if he were to stay on the partnership track. So Bendix sidelined a career in academia. Returning to the capital, she became a commercial litigator at the then-40-lawyer firm Leva, Hawes, Symington, Martin & Oppenheimer. One of four women in the firm, Bendix became the first one there to have a child. After hiring a baby-sitter, she returned to work full time. She also taught a course in Japanese law at American University. She had become interested in the subject while spending time in the country when she and Kronstadt took a round-the-world trip. To further her knowledge in the subject, she received an American Bar Association fellowship to study the Japanese language at Johns Hopkins School of Advanced International Studies. Knowing German helped, she said, because Japan adopted much of its modern legal system from the German civil law system. Bendix made partner at Leva Hawes in 1983. Soon after, she gave birth to their second child. Kronstadt, a partner at Arnold & Porter, was offered a partnership at a Los Angeles firm, and the couple moved back to the city in 1985. Bendix returned to UCLA as a visiting professor in civil procedure and remedies. The next year, she took a 30-hour-a-week position as of-counsel at Gibson, Dunn & Crutcher. She moved to Heller, Ehrman, White & McAuliffe as a partner in 1989. Two years later, she had her third child. By now, Bendix was thinking she wanted to be more than just an advocate, when along came an offer as general counsel for KCET. For a top-notch litigator with a background in the arts, it seemed the perfect fit. But barely six months into the post, Gov. Wilson's office called in response to her judicial application filed several years earlier. "I would never have given up my job at KCET except for a judgeship," she said. "But I see myself as having a career in the judiciary rather than in the entertainment industry."

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Biographical Information Career highlights: Elevated by court unification to the Los Angeles County Superior Court, 2000; appointed by Gov. Pete Wilson to Los Angeles County Municipal Court, 1997; vice president, general counsel, KCET, Los Angeles, 1996-97; partner, Heller, Ehrman, White & McAullife, Los Angeles, 1989-96; of-counsel, Gibson, Dunn & Crutcher, Los Angeles, 1986-89; partner (former associate), Leva, Hawes, Symington, Martin & Oppenheimer, Washington, D.C., 1980-85; associate, Wilmer, Cutler & Pickering, Washington, D.C., 1978-79; clerk, Judge Shirley M. Hufstedler, 9th U.S. Circuit Court of Appeals, 1976-77 Law School: Yale Law School, 1976 Age: 54 Here are some of Judge Bendix's recent cases and the lawyers involved: Tellez v. Standard Fruit and Dow Chemical, BC312852 - products liability For the plaintiff: Duane C. Miller and Michael D. Axline, Miller, Axline & Sawyer, Sacramento For the defense: Jennifer L. Riggs, Los Angeles Sci Arc v. Dynamic Builders, BC317122 - quiet title and contract claim For the plaintiff: Elizabeth D. Mann, McDermott, Will & Emery, Century City For the defense: Joel E. Boxer, Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg, Century City, and Robert J. Odson, DLA Piper, Los Angeles, Thompson v. County of Los Angeles, BC047544 - civil rights For the plaintiff: Donald W. Cook, Mann & Cook, Los Angeles For the defense: David D. Lawrence, Franscell, Strickland, Roberts & Lawrence, Glendale Leg Avenue v. TOPA Ins., BC288138 - insurance coverage For the plaintiff: Joan M. Cotkin, Cotkin, Collins & Ginsburg, Los Angeles For the defense: Mark W. Flory, Harrington, Foxx, Dubrow & Canter, Los Angeles Dvoren v. Scheinbsaum, BC288640 - collections case For the plaintiff: Steven P. Scandura, Manhattan Beach For the defense: Wilfred J. Killian, Lancaster

********** © 2006 Daily Journal Corporation. All rights reserved.

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September 04, 2013

Martin J. Tangeman Tangeman took advantage of a little known program to travel.

Martin J. Tangeman Superior Court Judge San Luis Obispo County (San Luis Obispo)

Career highlights: Appointed by Gov. Gray Davis to San Luis Obispo Superior Court, 2001; name partner, Sinsheimer, Schiebelhut, Baggett & Tangeman, 2000; partner, Sinsheimer, Schiebelhut & Baggett, 1984-2000; associate, Sinsheimer, Schiebelhut & Baggett, 1982-84; associate, Ogle, Gallo & Merzon, 1978-82.

Law school: UC Hastings College of the Law, 1978

Age: 59

By Blake Edwards

SAN LUIS OBISPO - California Rule of Court 10.502, which governs the "judicial sabbatical pilot program," allows a judge or justice to take up to four months of paid leave provided he or she has been on the bench at least seven years, hasn't taken leave during that time and agrees to stay on the bench at least three more years upon his or her return. The rule also allows any judge or justice, no matter how long he or she has been on the bench, to take an entire year of unpaid leave.

In 2007, while on a family vacation at Lake Como in Lombardy, Italy, San Luis Obispo County Superior Court Judge Martin J. Tangeman decided to take advantage of the program.

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"When our family was at Lake Como, I had an overwhelming sense of wanting to stay, so I suggested the sabbatical program to my wife," Tangeman said. "She brushed off the idea at first, but when I told her I was prepared to quit my job, she realized I was serious."

He applied for the unpaid track, and in August 2011, Tangeman, along with his wife and 14-year-old daughter, moved to Verona for a year. His daughter enrolled in an international school, and Tangeman taught a course in American law to doctoral students an hour away at the University of Trento.

Tangeman has been back in San Luis Obispo since July 2012. In a recent interview, he acknowledged his hometown is a vacation-worthy destination in its own right. But even as he insisted he loves both places, he still speaks wistfully of Italy.

"I can't complain," he said. "My life here is wonderful. But I was ready to stay."

It's not a bad deal, spending a year in a picturesque European city and returning to a seat on the California state bench. But Tangeman estimated that since the pilot program's inception in 2003, only a handful of judges have availed themselves of its benefits. "I don't know why more people don't do it," he said.

According to Jay A. Hieatt, who's practiced civil litigation in San Luis Obispo for 31 years, the answer is simple: Most judges aren't like Tangeman.

"It's not just a matter of applying," Hieatt said. "You have to have a tremendous amount of respect from your colleagues, or political pull, or both. Other judges have to cover for you while you're gone. Then it has to be approved at higher levels. This sabbatical was anointed by Chief Justice George."

The requirements under Rule 10.502 suggest Hieatt may for the most part be right. An eligible judge, after obtaining approval from the local presiding bench officer, must submit a proposal to the administrative director of the courts explaining how the sabbatical "will benefit the administration of justice and the judge's performance of his or her duties."

The proposal is then reviewed by a committee composed of six members, all representing different administrative groups, who determine "whether the sabbatical will benefit the administration of justice in California and the judge's performance of his or her duties; and whether the sabbatical leave will be detrimental to the affected court." Upon returning from sabbatical, a participating judge must submit a written report to the Judicial Council.

According to local attorneys, Tangeman has long been seen as the kind of intellectual, highly esteemed bench officer who could make a good case for an educational sabbatical to court administrators - and the kind of judge for whom colleagues would be glad to cover.

"He's absolutely at the top of the pile," said Anne C. Cyr of Los Osos. "He epitomizes what a judge should be." Indeed, more than one attorney, when contacted about Tangeman, initially suspected he was being elevated to an appellate court.

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Limiting sabbatical opportunities to judges of that caliber is a good thing, Hieatt said. "For Judge Tangeman, this was a true exploration and immersion in a different culture. The flip side of that is, what message are we sending to the place a judge goes? I can't think of a better ambassador for our judicial system than Marty Tangeman. There are some judges I wouldn't want leading everyone in Italy to say, 'Oh, so that's what judges are like in California.'"

Asked why more judges haven't participated, Tangeman seemed to think the program has a publicity problem. After discovering the provision allowing for a sabbatical, he asked a staff member at the Administrative Office of the Courts where he should submit his application. She said she hadn't heard of the program and didn't know who Tangeman should apply to, but that she would find out and let him know.

The answer surprised Tangeman. It also surprised the staffer. "Turns out it's me," she told him.

Phone calls to the AOC suggested that, at least among employees, the program still isn't well-known - the reaction was similar to the one Tangeman described.

"There are certain people that would take advantage of it and treat it as a vacation," Hieatt said. "This was not, as pleasant as it was, a vacation for Judge Tangeman."

If a vacation is merely time off work, then Tangeman's trip, anchored to a teaching position, certainly doesn't qualify. But if it's an opportunity to explore new academic interests, to reflect and to rest, the trip to Italy was certainly that. Tangeman talked at length about the intellectual stimulation that came with teaching Italian doctoral students and at equal length about fine wine, long dinners with locals and afternoon walks with his wife among the town's ancient architecture. He said he was happy to settle into he slower pace of European life.

While teaching at the university, Tangeman, a 12-year veteran of the bench, learned a lot about the Italian legal system - about the drastic way litigation changes when there aren't discovery procedures or juries and about how Italian cases sometimes drag out for a decade. Tangeman said he learned to appreciate the American system but also found plenty of redeemable qualities in the Italian system - in particular the way outcomes of cases are less dependent on the amount of money a client is willing to spend.

"The sabbatical program gives a judge a broader perspective with respect to how the world deals with civil litigation," Hieatt said. "It took a lot of guts for Judge Tangeman to move his family there. I had a tremendously high opinion of him as a person, and his decision to go multiplied it exponentially."

"It's so important to do things like this," Tangeman said. "There's a sense of renewal. You learn a lot about yourself. It's made me a better professional."

Although Tangeman's departure from Italy last year was reluctant - his chambers in San Luis Obispo are decorated with pictures of Verona and the fishing villages of Cinque Terre - he's hardly cut ties. He applied for a residential living permit from the Italian government, a step his

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wife and his daughter didn't take, making him a resident of Verona for ten years. He received an offer to return to the University of Trento for a month last April, and he's going again in June.

"Some day I'll live there," Tangeman said. "I'm just not sure how quickly that day is coming."

Here are some of Judge Tangeman's recent cases and some of the lawyers involved:

Soo v. Soo, CV120187 - fraud

For the plaintiff: Eric Parkinson, San Luis Obispo

For the defendant: John W. Fricks, Ogden & Fricks LLP, San Luis Obispo

Barrette v. Van Scyoc, CV120365 - real property

For the plaintiff: Don A. Ernst, Ernst Law Group APC, San Luis Obispo

For the defendant: C. Anthony Boyd, San Luis Obispo

In re Pollard Family Trust, PR120365 - probate

For the plaintiff: Adam M. Daner, Daner Law Firm APLC, Atascadero

For the defendant: Robert H. Mott, San Luis Obispo; Jana S. Johnston, Mullen & Henzell LLP, Santa Barbara

In re Anderson Trust, PR120185 - probate

For the plaintiff: Anne C. Cyr, George-Cyr LLP, Los Osos

For the defendant: James McKiernan, James McKiernan Lawyers, San Luis Obispo

Peope v. Dunlea, M466869 - driving under the influence

For the plaintiff: Jordan Cunningham, district attorney's office

For the defendant: Michael J. Adams, Adams & Lucero, San Luis Obispo

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