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www.sacbar.org Cover photo by MaryBurroughsStudio.com January/February 2012 Sacramento Lawyer Lore: The Inimitable Joe Genshlea Justice Vance Raye Honored in Tribute Celebration 2012 SCBA President June Coleman 2012 SCBA President June Coleman

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Page 1: Sacramento Lawyer Lore

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January/February2012

Sacramento Lawyer Lore:

The Inimitable Joe Genshlea

Justice Vance RayeHonored in Tribute

Celebration

2012 SCBA President

June Coleman

2012 SCBA President

June Coleman

Page 2: Sacramento Lawyer Lore

2 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

Mediator Arbitrator RefereePersonal Injury

Business LitigationEmployment

Professional Malpractice

Tom Wagner1000 G Street, Suite 200,Sacramento, CA 95814Phone: (916) 449-3809 Email: [email protected] information online atTomWagnerADR.com

Page 3: Sacramento Lawyer Lore

3JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

Page 4: Sacramento Lawyer Lore

litigation firm of Bailey & Brown in1978, and, far more importantly, as afellow Aztec, Judge Brown’s new col-umn, Law and Motion: A Primer onSelected Topics, should be nothing lessthan a smashing success.

Our second new beginning isanother new column by Brendan J.Begley called Sacramento Lawyer Lore.Many of you are already familiar withBrendan’s excellent work as Chair ofthe SCBA’s Appellate Law Section andchief chronicler of the appellatecourt’s comings and goings. Brendan,an appellate law specialist and formernewspaper reporter, has decided toget in touch with his more creativeside and we are happy to oblige. Hiscolumn, which features Sacramentolegal icon Joe Genshlea this month,will focus on the many interestingcharacters that dot the Sacramentolegal landscape and who create themythos that Brendan likes to refer to

Editor’s Message

4 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

very new year brings newbeginnings and this year is no

exception. This year we have threenew beginnings for your viewing andreading pleasure.

The first is a new column by JudgeDavid I Brown, who presides inDepartment 53 of the SacramentoCounty Superior Court, on civil lawand motion. Judge Brown, who wasappointed to the bench by Gov.Schwarzenegger in 2008, fills a voidin our civil procedure coverage sincethe retirement of Judge LorenMcMaster in 2010. As you know,Judge McMaster wrote eloquently onthe trials and tribulations of civil pro-cedure for the magazine for severalyears and Judge Brown has graciouslyvolunteered (with a little nudge fromformer SCBA President Mike Levy) totake up the mantel.

As a U.C. Davis School of Lawgraduate, a founding member of the

E

EDITOR-IN-CHIEFJack Laufenberg - [email protected]

STAFF EDITORSHeather Cline Hoganson

SACRAMENTO LAWYER POLICY COMMITTEESamson R. Elsbernd

Helene FriedmanDavid GraulichCoral Henning

Yoshinori H.T. HimelJack Laufenberg

COURTHOUSE [email protected]

SURFING FROM RIVER CITYCoral Henning (916) 874-6013

[email protected]

ADVERTISING - EVENTSMEMBER CLASSIFIED ADS

Michelle Bender (916) 564-3780 [email protected]

DESIGN AND [email protected]

EXECUTIVE DIRECTORCarol Prosser

OFFICERSJune Coleman - President

Jean-Pierre Francillette - 1st Vice PresidentBruce Timm - 2nd Vice PresidentStacy Moak - Secretary Treasurer

BOARD OF DIRECTORSDIRECTORS AT LARGE

Mark SlaughterKatie Patterson

Sonia FernandesTheresa La VoieRichard Miadach

Jeannie Lee William SchuetzSabrina Thomas

SACRAMENTO LAW FOUNDATIONStephen Duvernay,

saclawfoundation.org

AFFILIATE REPRESENTATIVES

Asian Bar Association (ABAS)Grace Arupo

Barristers’ Club Dan Tichy

Capitol City Trial LawyersJack Vetter

Federal Bar Association Alex Medina

Hellenic Law Association ofSacramento (HELLAS)

Vasilios SpyridakisLaRaza

Michael TerhorstLeonard M. Friedman Bar Association

Jeff LevineSaint Thomas More Society

of Sacramento (STMS)Herb Bolz

Sacramento Lawyers for the Equality of

Gays and Lesbians (SacLegal)Sarah Asplin

South Asian Bar AssociationNirav Desai

By Jack Laufenberg

New Beginnings

as Sacramento’s lawyer lore. It shouldbe a fun and entertaining read.

And last, but not least, we haveour new SCBA President, JuneColeman, who will be taking overthe President’s Message for outgoingSCBA President Mike Levy. If herfirst column is any indication, June,a shareholding member of KronickMoskovitz Tiedemann & Girard whospecializes in debt collectiondefense, has an ambitious, if notinvigorating, year ahead. I am sureyou all would join me in wishing herthe utmost success.

Page 5: Sacramento Lawyer Lore

SACRAMENTO COUNTY BAR ASSOCIATIONMAGAZINE

5JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

Table of ContentsV O L U M E 1 1 3 , N U M B E R 1 • J A N U R A Y / F E B R U A R Y 2 0 1 2

Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the SacramentoCounty Bar Association, 1329 Howe Avenue,#100,Sacramento, CA 95825. Issn 1087-8771.Annual subscription rate: $6.00 included inmembership dues, or $24.00 for nonmembers.Periodicals postage paid at Sacramento,California. Postmaster: Send address changes toSacramento Lawyer, 1329 Howe Avenue, #100,Sacramento, CA 95825. Copyright 1999 by theSacramento County Bar Association.

Each author’s commentary reflects his/herindividual opinion only and not that ofhis/her employer, organization with whichhe/she is affiliated, or Sacramento Lawyermagazine, unless otherwise stated.

Sacramento Lawyer welcomes letters and article suggestions from readers. Please e-mail them to [email protected]. The Sacramento County Bar Association reserves the right to edit articles and letters sent in for publication. Please contact SCBA 916-564-3780 x200 for deadline information, fax 916-564-3737, or e-mail [email protected]. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.

Wiley Manuel Bar AssociationDale McKinney

Women Lawyers of Sacramento Jamie Errecart

COMMITTEE / SECTION REPRESENTATIVES

Lawyer Referral and Information Service (LRIS)

Don HansenConference of Delegates

Andi LiebenbaumIndigent Defense Panel (IDP)

Kevin AdamsonSection Representative

Daniel YamshonVoluntary Legal Services

Program (VLSP)Victoria Jacobs

SECTIONSAdministrative Law

Heather Cline HogansonAlternative Dispute Resolution

Ken Malovos

Appellate LawBrendon BegleyBankruptcy &

Commercial Law Kenrick YoungBusiness Law

B.J. SusichChildren’s Counsel

Diane WasznickyEnvironmental Law

Darcie HouckFamily LawJeff Posner

Health CareBrian Taylor

Intellectual PropertyGlen Gross

Labor & Employment LawJason Jasmine

Probate & Estate PlanningBrian McClayReal PropertyGregory Forest

Tax LawScott Galbreath

Worker’s CompensationOhnmar Shin

COMMITTEESBylaws

BJ SusichContinuing Education of the Bar

Daniel YamshonDiversity Hiring and Retention

Linda PartmannElectronic Media

Coral Henning / Heather HogansonFee Arbitration

Ken BaconJudicial ReviewPhilip R. Birney

JudiciaryDiane W. Wasznicky

Long Range PlanningBunmi AwoniyiMembership

Heather Candy

Pictorial Directory Herb Bolz

Sacramento Lawyer PolicyJack Laufenberg

COURT NEWS9 Updates from the PJ – Increasing Awareness of Court’s Vital Role a 2012 Priority

LITIGATION10 A View from the Civil Trial Bench: Unsung Heroes Support Probate Court26 Law and Motion: A Primer on Selected Topics: Timing is Everything – If You

Want Your Motion Heard

COVER STORY18 2012 SCBA President June Coleman

EVENTS14 Justice Vance Raye Honored in Tribute Celebration22 Annual Bench-Bar Reception Draws Huge Crowd

PROFILES28 Sacramento Lawyer Lore: The Inimitable Joe Genshlea

SECTION & AFFILIATE NEWS25 California Conference Adopts Five Sacramento Resolutions 30 SABA of Sacramento Hosts 4th Annual Diversity Law

Student Reception32 Barristers’ Club Update

COMMUNITY SERVICE34 VLSP Celebrates 30 Years of Service to the Community

35 Calendar35 Index to Advertisers

18

22

DEPARTMENTS4 Editor’s Message6 President’s Message

12 Law Library News13 Surfing from River City

Page 6: Sacramento Lawyer Lore

Invigorating Times Ahead forSacramento Legal Community

By June D. Coleman

President's Message

6 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

I spoke at the annualmeeting last month, I

realized that the heartbeat of ourlegal community was present and ispresent in most of the programs andevents that are so successful. Ibelieve it is this concept of workingtogether and fellowship that makesour programs and events great. Thegroups are many: the sponsoringfirms that enroll 100% of theirattorneys as SCBA members; thefirms who provide financial spon-sorships for our events and whosupport time spent on SCBA activi-ties; the affiliates who likewise pro-vide financial support and, equallyas importantly, publicize our effortsand offer their insight; the SCBAsections and their leaders, who pro-vide educational, networking, men-toring, and fellowship opportunitiesfor our members; the judicial com-munity, which is a constant sup-portive presence at our events andwhose members give freely of theirtime to speak at our events and con-tribute to the Sacramento Lawyer;the law schools -- UC Davis’s KingHall, Pacific McGeorge, and, mostrecently, Lincoln Law School -- whohelp the SCBA provide mentoringopportunities to their students; and,of course, the SCBA leadership – theBoard of Directors, committeechairs, and committee members --who perform a multitude of invalu-able services to the bar, often timeswithout recognition.

These are the groups of peoplewho come together throughout theyear to perform the great works ofthe SCBA. Thank you – all of you -for all you do.

The Sacramento legal communitystands as a shining star amongstCalifornia’s legal communities. Our

As voices are heard on legal issues on alocal, regional and state level – andare heard by the executive, legislativeand judicial branches of our stategovernment. But this does not sur-prise me given we sit in the state cap-

ital, which gives us the potential tomake the most significant contribu-tions of all county bar organizationsin this state.

The SCBA provides a depth ofresources and programs which I daresay may be unparalleled inCalifornia. The SCBA provides fund-ing for the Voluntary Legal ServicesProgram, which provides free legalservices in a number of practice areasto Sacramento’s indigent. The SCBA’sPro Bono Committee is working dili-gently on developing a means ofidentifying and publicizing pro bonoservice providers and increasing probono services. The SCBA’s Food for

the Bar program gathers food forSacramento’s hungry. The SCBA’sLegal Referral Service provides theSacramento community with accessto justice by finding qualified attor-neys for people in need of competentlegal representation. The SCBA’sIndigent Defense Panel also providesaccess to justice by representing indi-gent criminal defendants when thePublic Defender has a conflict. TheSCBA’s Sacramento Law Foundation,the fundraising arm of SCBA, raisesmoney for grants to organizations inthe Sacramento region. It alsoadministers the Chief Justice Accessto Justice scholarship.

The SCBA also recognizes theimportance of working with youngpeople and new attorneys.Operation Protect and Defend,which was started by retiredSacramento Federal District JudgeFrank Damrell and operates underthe umbrella of the Sacramento LawFoundation, works with high schoolstudents to educate them about theconstitution and civics. The SCBA’snewly created Sacramento LawAcademy expands on this concept byeducating high school students onlaw-related issues in the hopes ofbroadening their view of the worldand encouraging them to pursue acareer in the law. The SCBA’sBarristers’ Club, which provides keyeducational programs for newlawyers, offers invaluable mentoringand networking opportunities to ourmost recent additions to the bar.

In addition to serving variouscommunities within Sacramento,SCBA also offers a host of other bene-fits to its members, including mal-practice, medical, dental, and visioninsurance, free or low cost continuinglegal education, and conference rooms

The SCBA provides fundingfor the Voluntary

Legal ServicesProgram, which

provides freelegal services in

a number ofpractice areas to

Sacramento’sindigent.

Page 7: Sacramento Lawyer Lore

7JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

for client meetings, depositions, settle-ment conferences or ADR sessions.

That is not to say that we do nothave hurdles to overcome. And by“hurdles” I do not mean obstacles.I was taken by something thatChief Justice Cantil Sakauye saidearlier this year at her InvestitureCelebration. These so-called “hur-dles” are opportunities for us tobecome invigorated. Our ExecutiveDirector, Carol Prosser, is retiringthis year so we are in the process ofsearching for a new executive direc-tor. We began that process by devel-oping a staffing plan. With plan inhand, I am invigorated to begin thisnew phase of the SCBA.

The SCBA office lease expires atthe end of 2013 so we are looking fora home with a location that will pro-vide further benefits to our members;and perhaps a meeting place for oursections and our affiliates. We envi-sion a location that will be ideally sit-uated for the Sacramento legal com-munity and may look at partneringwith other legal organizations in thecommunity to find a shared buildingspace. The thought that most imme-diately comes to mind: more invigor-ating opportunities.

Our long awaited, new websitehas been up and running since mid-December, but we are still in theprocess of working out all the kinks –a process we hope to conclude withinthe next couple of weeks. This invig-orating project of bringing a new,fully functioning website online willprovide three things to our legal com-munity: 1) a website that is easier tonavigate and more user friendly; 2) awebsite that is more functional, espe-cially with respect to registering forevents;, and 3) a website that willoffer more information about ourcommittees and sections. During thenext year, the SCBA committees andsections will be developing their ownweb pages.

We cannot ignore California’sbudget problem and the impact it ishaving on the judiciary either. The

SCBA hopes to lead the charge in sup-porting the judiciary’s ’and State Bar’sefforts to fully fund the courts. Again,the ability to assist with these issues isinvigorating.

Economics have also hit our legalcommunity hard. One of the things Ihear frequently is that the employmentmarket is difficult. SCBA needs to doa better job of providing opportunitiesfor mentoring and networking. Thiswill allow employers and prospectiveemployees to develop relationships,creating a win-win situation. Reachingout to serve our members in this waywill also be “invigorating.”

With these things in mind, mypledge to you is:

•To harness the wonderful resourceswe have in the Sacramento legalcommunities;

•To listen to your comments andconcerns;

•To develop responses to your com-

ments and concerns. The first stepin fulfilling this pledge will occuron January 26th, when my firm,Kronick Moskovitz Tiedemann &Girard, will host a reception toprovide a forum for dialogue. Allmembers and non-members arewelcome to attend and learn moreabout the workings of the SCBA.More information will be providedin the coming weeks;

•To work with you, as there is cer-tainly much to do.

Our various communities havedone great things as we work togetherto address the many invigorating pos-sibilities on our horizon. John F.Kennedy once said: “One person canmake a difference and every onemust.” I challenge you all to join mefor what promises to be an invigorat-ing year!

Page 8: Sacramento Lawyer Lore
Page 9: Sacramento Lawyer Lore

ith a new year comes newresolutions, goals, and

renewed energy. This year is no excep-tion. I became Sacramento CountySuperior Court's new Presiding Judge.For those of you who don’t know me,I’ve spent my entire legal career here inSacramento. I went to law school justdown the street at Lincoln Law Schoolof Sacramento. I began my legal careeracross the street at the SacramentoCounty Public Defender’s Office andfinished my attorney days on the otherside of the street at the SacramentoDistrict Attorney’s Office.

With an abundance of criminal lawexperience, I’ve spent the past 2 yearsas the court’s Assistant Presiding Judgeconcentrating on familiarizing myselfwith the other divisions of our court,like civil, family law, dependency, andsmall claims. I’ve also tried to get toknow many of you and understandwhat issues matter to the members ofour community bar associations.

One issue that resounds is theimpact that reduced resources of thecourt has had upon you and yourclients. Significant delays in thecourt’s ability to process family lawfilings, demurrers, default judg-ments, and exoneration of criminalrecords all interfere with the expecta-tion of “justice.” Quite simply, inlight of the reduced judicial branchfunding, it has been the court’s needto prioritize our services that hasresulted in these delays.

Among my goals as Presiding Judgeis the strengthening of the court’s rela-tionship with area bar associations sothat we might work together inincreasing public and legislative

is a necessity in keeping all divisions ofour courthouses operational. I urgeyou to please take a moment to con-sider participating. The role of a judgeis quite different than the role of alawyer and I think you will find it ben-eficial to your growth as an attorney;and perhaps a bit entertaining as well!Information about our TemporaryJudge Program can be accessedthrough the court’s website at:http://www.saccourt.ca.gov/general/tmporary-judge.aspx

I am looking forward to my term asPresiding Judge. I am proud of ourcourt and my colleagues, and considerour bench to be one of the strongest inthe state. I am also looking forward toworking with you and developing rela-tionships that improve the quality ofjustice for all the members of our com-munity. Happy New Year!

awareness of the court’s vital role inour community and the need for suffi-cient funding to enable us to fulfill thatrole. To that end, our court will holdan informational session this year forlocal legislative members so that wecan educate them on the types of casesthat come before the court and thepeople behind those cases. I ask foryour help in accomplishing this. Ifany of you have compelling stories ofclients whose cases lingered due to thecourt’s calendar backlog, I encourageyou to share that story with me.

As presiding judge I am also look-ing to boost our court’s TemporaryJudge Program. The court uses tem-porary judges to serve in our familylaw, probate, small claims and trafficcourthouses. With decreasingresources, maintaining an abundantand diverse temporary judge program

9JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

UPDATES FROM THE PJ: Increasing

Awareness of Court’s Vital Role a 2012 PriorityBy Sacramento County Presiding Judge Laurie M. Earl

Court News

W

For more information visit:www.sacbar.org

Page 10: Sacramento Lawyer Lore

hen I learned that my firstjudicial assignment would

be in Probate Court, I thought back tomy wills and trusts course in lawschool. I assumed the Probate Court’sdocket would exclusively consist ofwill contests and trust litigation.

After almost a year on the bench, Ican only smile as I realize how wrongmy assumptions were. While estateand trust disputes remain a majorcomponent of our workload, much ofthe focus of the Probate Courtinvolves protecting the most vulnera-ble members of our society. Petitionsfor guardianships of children andpetitions for the conservatorship ofpersons with dementia and other dis-abilities constituted nearly 40 percentof the 1,411 probate cases filed in theSacramento County Superior Courtduring the last fiscal year.

That percentage, though large,actually understates the impact ofguardianships and conservatorshipson the Probate Court’s resources. Foreach petition filed, the court assigns acourt investigator to perform a back-ground investigation of the guardianor conservator and to interview theminor or potential conservatee. Thecourt also has a responsibility to mon-itor conservatorships once they areestablished. By contrast, estate andtrust matters generally proceed morelike typical civil litigation matters,requiring less direct involvement bycourt personnel.

The Probate Court could never getits work done without the assistanceof a group of private attorneys whoserve as court-appointed counsel for

minors and conservatees. Whileeveryone knows that indigent personsaccused of crimes are entitled to anattorney, few people are aware of therole that court-appointed counsel playin Probate Court.

The Probate Court has discretionto appoint counsel for potential wardsor conservatees “when the appoint-ment would be helpful to the resolu-

tion of the matter or is necessary toprotect the person’s interests.” (Prob.Code, § 1470(a).) The court isrequired to appoint counsel in conser-vatorship proceedings when “thecourt determines that the appoint-ment would be helpful to the resolu-tion of the matter or is necessary toprotect the interests of the conservateeor proposed conservatee.” (Prob.Code, § 1471(b).) Counsel also must

Litigation

10 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

W

A VIEW FROM THE CIVIL TRIAL BENCH: Unsung Heroes Support Probate Court

By Judge Christopher Krueger

(Judge Christopher Krueger is A View From the Civil Trial Bench’s guest columnist this month.Judge Judy Holzer Hersher will return as the View’s regular bi-monthly columnist in the nextissue. As always, this article represents the thoughts and opinions of the author and should notbe considered court policy or the opinion of other court judges.)

be appointed for persons subject tolimited conservatorships. (Prob. Code,§ 1471(c).)

As a practical matter, the court istherefore required to appoint counselfor minors in all guardianships mattersthat go to trial -- either when parentsoppose the petition or when two ormore persons are competing to serve asguardian. Such representation ensures

that the minor’s position will be prop-erly presented and not drowned out bythe competing voices of adults. All con-servatees suffering from dementia orwho are otherwise unable to presenttheir positions to the court are alsoappointed counsel, as well as personssubject to limited conservatorships.

Representing these clients can bedifficult work. Guardianships are oftenpursued because the parents are not

The above pie chart shows the percentage of probate filings by category in theSacramento County Superior Court for the 2010/2011 fiscal year. LPS stands forLanterman-Petris-Short Act and involves mental health matters.

Page 11: Sacramento Lawyer Lore

taking care of the children, eitherbecause of drug addiction, mental ill-ness, poverty or incarceration. Mostof the parents and potential guardiansrepresent themselves in court. Thus,the court-appointed counsel in aguardianship case is often the onlyattorney in the matter. Similarly, con-servatorship proceedings ofteninvolve competing family memberswho are self-represented.

Despite these challenges, counselwho accept appointments from theProbate Court report that they findthe work very fulfilling.

“It’s very rewarding to representthe kids,” said attorney Todd Robie.“That’s what the American judicialsystem is all about -- to stand up forthe little guy. You get to give back,particularly to the minors who can’tcare for themselves -- and for the con-servatees as well.”

Attorney Barbara Bender notesthat taking court appointments hasprovided her with opportunities togrow as a lawyer and to address legalissues that are beyond those providedby her regular trust and estate prac-tice. “How many times do you get toadvocate for the best interests of aclient who refuses medical treat-ment?” she said. Bender also notesthat taking guardianship cases is per-sonally satisfying. “You can do somereally great work advocating for theseminors,” she said.

Judge Gerrit Wood, my immediatepredecessor as probate judge, concursin Bender’s view. “Court-appointedcounsel, in promoting the best inter-ests of the child, greatly assist thecourt in reaching the right result,” hesaid. “It is challenging work, but Ican’t think of anything more reward-ing than to positively impact thefuture of these children.”

Another former probate judge,Judge Alan Perkins, notes that court-appointed counsel often provideinvaluable input to the court.“Having someone who is semi-inde-pendent come in and give theirassessment is extremely valuable…inputting what’s going on in the familyin its proper context.”

I greatly appreciate the contribu-

11JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

tions made by court-appointed coun-sel. Their services are essential to theefficient resolution of some of themost difficult cases in the ProbateCourt. They are truly unsung heroes.

Unfortunately, these heroes arenot great in number. The ProbateCourt has only 41 lawyers on its listof counsel who accept appointments.Of these, only 19 accept guardian-ship cases. To meet the demand, thecourt needs more attorneys to apply

to serve on its panel. If you are interested in serving on

the Probate Court’s panel, please con-tact Julie Setzer, Director of theSacramento County Superior CourtFamily Law and Probate Division, at(916) 875-3477, for an application andmore information. Interested attorneysmay also wish to consult Rule 7.1101 ofthe California Rules of Court regardingqualifications for counsel in guardian-ships and conservatorships.

Page 12: Sacramento Lawyer Lore

Law Library News

12 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

California Environmental Law and Policy:A Practical GuideSolano PressKFC610 .H4 2008

Foreclosure Defense:A Practical Litigation GuideAmerican Bar AssociationKF697.F6 T39 2011

iPad in One Hour for LawyersAmerican Bar AssociationKF320.A9 M48 2011

Your Digital Afterlife: When Facebook, Flicker and Twitter Are Your Estate, What’s Your Legacy?New RidersKF390.5.C6 C37 2011

Main Library813 Sixth Street, First FloorSacramento, CA 95814-2403

916-874-6011www.saclaw.org

www.facebook/saclawlibwww.twitter/saclawlibrarian

NEW ACQUISITIONS

Courtroom Conduct: Do’s and Don’ts and Common SenseCalifornia CEBKFC955.5.Z9 C68 2011

The Legal, Ethical and Privilege Issues of E-Mail UseCalifornia CEBKF8902 .L43 2011

ing the right of publicity, personalinjury negligence and product liabilityclaims, contract disputes involvinghole-in-one contests, and golf cartrentals. Each chapter in this book dis-cusses a legal case and examines itsunique set of facts. Golfers andlawyers will enjoy reading this titlethat combines law and the game ofgolf.

The Little Red Book ofWine Law: A Case ofLegal Issues, by CarolRobertson. KF3924.W5R63 2008

This book provides a brief intro-duction into the history of wine anddiscusses the laws affecting wine pro-duction and sale. Each chapter dis-cusses a specific legal topic, includingcontracts between producers andgrape growers, issues with distribu-tors, labor issues, and the internation-al concerns when using place nameson wines that do not originate fromthe same area.

The Little White Book ofBaseball Law, by John H.Minan and Kevin Cole.KF3989 .M564 2009

The Little White Book of BaseballLaw will appeal to lawyers and sportsfans alike and is written in an easy toread format. It discusses cases thatinvolve everyday issues of the game,including new stadium construction,ownership of baseball memorabilia,injured spectators, television con-tracts, and much more.

By Robin M. Moltzen, Publoic Services Librarian, Sacramento County Public Law Library

Spotlight on theCollection: The LittleBook of…

If you have a “little” free time onyour hands you may want to perusesome recent additions to the lawlibrary collection. The Little Book of… series from the American BarAssociation covers a variety of topicsby adding humor and wit along withrelevant legal anecdotes and case ref-erences. Check out a few of thesetitles.

The Little Book of CoffeeLaw, by Carol Robertson.KF1984.C6 R63 2010

Learn how law and coffee are intri-cately intertwined through free trade,the global economy, and the expan-sion of the coffee business. This title isfilled with interesting tidbits involvingthe world of coffee, including customsand brewing methods.

The Little Book ofHunting and Fishing Law,by Cecil C. Kuhne.KF5640 .K84 2011

The Little Book of Hunting andFishing Law discusses thirteen casesinvolving hunting and fishing issues.Topics include poaching, trademarks,search and seizure, recovering lostprofits, and animal sacrifice. A nicefeature of this book is the sidebars thatprovide historical perspective fromsome interesting and unique sources.

The Little Green Book ofGolf Law: The Real Rulesof the Game of Golf, byJohn H. Minan and GaryMcCord. KF3989 .M562007

The Little Green Book of Golf Law:The Real Rules of the Game of Golfexplores a wide array of legal issuessurrounding the sport of golf, includ-

Sacramento County Public Law Library News

Page 13: Sacramento Lawyer Lore

13JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

Surfing From River City –Self-Help Websites

Compiled by Mary Pinard Johnson, Public ServicesLibrarian, Sacramento County Public Law Library

packets on family law matters, includ-

ing divorce, custody, support, parent-

age, and guardianship. These packets

are available online and in print from

the Family Relations Courthouse filing

windows. The packets include informa-

tion about all the forms required for

the described procedure (both Judicial

Council and local forms!) and offer

question-by-question instructions for

completing these forms. Many of the

guides also include local practice infor-

mation, such as how many copies

you'll need and which filing window

to visit.

Attorneys are often asked by family

and friends for a little help with legal

problems. Unfortunately, this help

rarely falls within the attorney's prac-

tice area. If you find yourself in this

situation, there are several great web-

sites that will provide you enough

information to fake your way through

most common types of cases. These

websites are also great places to refer

your family and friends so they can

handle these matters themselves.

California Courts Self-Help website

www.courtinfo.ca.gov

This is, by far, the website Sacramento

County Public Law Library librarians

refer to most often. It offers great

detailed summaries of law and pro-

cedures, step-by-step instructions,

and even links to the relevant

Judicial Council forms. Common top-

ics in family law, small claims court,

landlord-tenant, and probate court

are covered.

Sacramento Superior Court Self-Help

Resources page

http://www.saccourt.ca.gov/family/sel

f-help-resources.aspx

The Family Law Facilitator's office

has created numerous invaluable

3620 American River DriveSuite 260Sacramento, CA 95864(916) 974-8600

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Page 14: Sacramento Lawyer Lore

By Stephanie Finelli

Events

14 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

November, nearly 500 people gathered in theEdgewater Ballroom of the Radisson Hotel to

pay tribute to the Hon. Vance Raye in recognition of hiselevation to Presiding Justice of the California ThirdDistrict Court of Appeal and for becoming the first African-American administrative presiding justice in any ofCalifornia’s six appellate districts. The tribute, which was

hosted by the Sacramento County Bar Association (SCBA),was attended by members of the bar and a vast array oflegal dignitaries, including the entire Third District Courtof Appeal bench, a number of former members of the ThirdDistrict Court of Appeal and California Supreme CourtChief Justice Tani Cantil-Sakauye. Also attending werestudents and members of the many local civic organiza-tions who have benefited from Justice Raye’s involvement

in countless educational and community out-reach pro-grams over the years.

As attendees approached the ballroom, they were metwith a series of posters entitled “…and justice for all,” adisplay honoring African-American justices who haveserved on the benches of the California appellate courts.It is an exhibit that is making its rounds throughout

California courtesy of Dia Poole, who graciously provid-ed the exhibit for the evening.

The program began with a reverential posting of thecolors by the United States Air Force Color Guard, a fit-ting tribute to a man whose legal career began as an assis-tant judge advocate in the United States Air Force over 35years ago. Thereafter, retired Justice Rodney Davis, aformer colleague and now an ordained Episcopal priest,

In

Justice Vance Raye Honoredin Tribute Celebration

Alana Mathews-Davis, Sandra Raye, and Justice Raye

And Justice for All...an exhibit honoring the African-Americanjustices who have served on the California appellate courts

A packed ballroom at the Justice Raye Tribute Celebration Justice Vance Raye Travis Air Force Color Guard

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15JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

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provided a stirring invocation.The master of ceremonies for the evening was none

other than the honoree’s immediate predecessor, ThirdDistrict Court of Appeal Presiding Justice, Retired, ArthurScotland. Justice Scotland commenced the evening in alively fashion by blowing his whistle, perhaps inspiring anew protocol after one retires the gavel. Despite his repu-tation for being quiet and reserved, the proceedings weresprinkled with humor throughout the evening in recogni-tion of Justice Raye’s razor-sharp intellect and stealthysense of humor.

The overwhelming theme of the evening was theimmense respect and admiration that Justice Raye hasamassed through his long-time dedication to the law andto educational and civic issues. From the moving tributes

of his many long-time friends and admirers, thereemerged the portrait of a man who has devoted his entirelife to the service and betterment of our society. Each andevery speaker commented upon his honesty and integrity,both as a judge and as a person. It was said that JusticeRaye was the kind of person that was a “friend for life.”Indeed, there was even a kindergarten classmate of thehonoree in attendance.

Mel Woods, Justice Raye’s longtime friend and currentmanager of government relations with Eli Lilly, Inc., deliv-ered the first presentation, sharing as how a chance meet-ing in an elevator some decades ago evolved into a lifelongfriendship. He also provided insights into the warm andcaring side of the Presiding Justice, both personally andprofessionally, and detailed his many contributions to thecommunity. In expounding on his “magnificent sevenattributes,” Mr. Woods described Justice Raye as possessinga “300 pound brain on a 160-pound body.”

Justice Kathleen Butz, a current colleague on the court,added to the list of attributes and talked about JusticeRaye’s honesty and integrity, his sense of humor and theintellect that has made him such a beloved and respectedfriend and colleague. It soon became obvious how much

she and the other justices enjoy working with him.Allan Zaremberg, CEO of the State Chamber of

Commerce, offered a further glimpse into our PresidingJustice, noting not only his incredible sense of calm andthoughtful approach to the law, but also his proficient jug-gling skills.

Chief Justice Tani Cantil-Sakauye spoke fondly ofJustice Raye, her longtime friend and colleague, observing

Justice Arthur Scotland, Master of CeremomiesJustice Kathleen Butz

Justice Vance Raye and friends

Mel Woods, Manager of Government Relationswith Eli Lilly, Inc.

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16 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

that he had mentored her in the 1980’s as a deputy legalaffairs secretary under Governor Deukmejian before shejoined him again on the Third District Court of Appeal.She eloquently expounded on the lasting imprint JusticeRaye has had on the law and the lives of those who havebeen fortunate enough to be his colleague and friend.

Interspersed among the tributes given by the speakerswere proclamations and resolutions presented by organi-zations in which Justice Raye has had a significant impact.Daniel Bryant, president of 100 Black Men ofSacramento, the local chapter of the national organizationdevoted to improving the quality of life and educationalopportunities for African-Americans, presented a rousingproclamation in which he honored “Drum Master” VanceRaye for his significant contributions to the organization,

including his work as chair of the education committee,which promotes literacy through the “Real Men Read”project. On behalf of Sacramento Links, one of the old-est and largest women-run volunteer service organizationsdedicated to enriching the culture and enhancing the eco-nomic survival of African Americans in the area,Sacramento Links President Tomaysa Glover offered aresolution in which she quietly praised the honoree for hissupport and service. Wiley W. Manuel Bar AssociationPresident Dianne Dobbs honored Justice Raye in connec-tion with his service and dedication to the organization,recalling that he was a founding member of the organiza-tion when it was known as the Sacramento Association ofBlack Attorneys back in 1977.

Justice Raye’s long history of dedicated service to the

Mike Levy, Stephanie Finelli, and Ruthe Ashley

Sandra Raye, Justice Vance Raye, and Justice Arthur Scotland, retired

Travis Air Force Color Guard

Dia Poole, Justice Raye, and Sandra Raye

Page 17: Sacramento Lawyer Lore

17JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

Events

community, and his efforts to improve the condition ofthose less fortunate than him, has had a far-reachingimpact on Sacramento. More than one speaker becameemotional when speaking of Justice Raye’s many contribu-tions, and, in particular, the profound impact he has hadon the local African-American community.

When Justice Raye eventually took the podium andself-deprecatingly apologized for that part of the programwhere the audience was “forced to listen to the honoreeruminate,” he spoke eloquently of his childhood and thestruggles he faced growing up in a single-parent householdin segregated Muskogee, Oklahoma. Yet “it was a goodlife,” he explained, one in which his mother and teachersbelieved in him and the cute little girl in ninth gradebecame his wife, Sandra Raye, now going on 43 years.

Ever grateful for the belief others had in him, JusticeRaye has continued to carry his mother’s torch of instillinghopes and dreams in young people today through his workin the community. In fact, through the generous sponsor-ship of local law firms, the SCBA was able to devote anentire table to the young students whose lives have beenenhanced by Justice Raye’s work in that organization.

Initially reticent about the idea of a tribute, Justice Rayegradually warmed to the idea and seemed to genuinelyenjoy himself throughout the evening. “Everyone shouldhave a night like this,” he quipped before leaving the stageto standing applause. While that may be true, such nightsare still reserved for those whose contributions have trulymade this world a more decent place to live and JusticeRaye is certainly one of them.

Justice Arthur Scotland, retired, Mark Sakauye, Chief JusticeCantil-Sakauye, Mike Levy, and Elisa Levy A Special Thanks to the

Planning Committee

This event would not have been the success it

was—indeed, it would never have occurred—were it

not for the tireless efforts of the planning committee.

The Sacramento County Bar Association would

therefore like to thank the planning committee, which

consisted of Committee Chair Stephanie Finelli and

members Ruthe Ashley, Jerry Chong, Jean-Pierre

Francillette, Doreathea Johnson, Fern Laetham,

Angela Lai, Fredericka McGee, Jessie Morris,

Justice Art Scotland, Windie Scott, and Jack Vetter.

Thanks also goes to: June Coleman who, along with

Justice Scotland, put together the seating for the

event; the University of California, Davis, law students

for assisting with the seating and name tags; the

Pacific McGeorge School of Law for printing the

invitations and programs; and Joe Genshlea for

spearheading the sponsorship committee.

The audience rises to give Justice Raye a standing ovation

Allan Zaremberg, CEO StateChamber of CommerceChief Justice Cantil-Sakauye

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Cover Story

18 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

merican educator HarlanCleveland once observed

that "leaders are problem solvers bytalent and temperament, and bychoice." If that assessment is true, theSacramento County Bar Associationwill be in good hands when JuneColeman begins her term as the orga-nization’s next President.

Those who know June readilyacknowledge that she is an accom-plished attorney with a solid commit-ment to public service. At the sametime, they are quick to add that hersignature talents include her ability tosolve the most intractable problemsand her drive to see solutions tofruition. In a nod to that assessment,the incoming president acknowledgesa penchant for dissecting complex andtroublesome issues, although she dis-claims knowledge of any formativeevent that might have ignited thisinterest. Nevertheless, others mightfairly conclude the June's uniqueproblem solving abilities are likelysourced in the obstacles that she con-fronted and defeated on her path tobecoming the next leader ofSacramento’s legal community.

A self-described "military brat,"June grew up in rural Elverta, locatedjust north of Sacramento. Followinghigh school, she entered SacramentoState University, where she received abachelor’s degree in business andaccounting in 1989. Although

SCBA President June Coleman:

The Long Hard Road

A

By Judge R.Kevin Culhane

Photographs by Mary Burroughs

intrigued by the suggestion from oneof her professors that she consider acareer in law, various circumstancescombined to prevent June from enter-ing law school at that time.

Instead, June went to work in thebusiness community, taking a positioninvolving accounting and business sys-tems expertise. In short order she mar-ried and gave birth to her daughter,Kaitlyn. The opportunity to attend lawschool finally arrived after her daugh-ter turned two. In the fall of 1994,June arrived at Pacific McGeorge, eagerto begin her study of the law.

Unknown to June at the time, herfortunes were about to change. Onlytwo weeks after law school began,June's husband lost his job.Confronted with the possibility of hav-ing to drop out of school, the futurebar president arranged some part-timework delivering phone books andworking at a fast food restaurant tomake ends meet.

As it turned out, her meager earn-ings were just enough to allow her tocontinue her legal education. Anddespite her work and family commit-ments, June achieved outstandinggrades that first semester. She ulti-mately went on to write articles for thePacific Law Journal and become itsmanaging editor. She also representedclients through Pacific McGeorge’sCommunity Legal Services clinic andinterned at the District Attorney’s

June Colemanfinds herself

assuming the presidency at a

time characterizedby significant challenges as

well as unique opportunities.

This is exactly thetype of situation

that June findsinvigorating.

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Cover Story

office. She graduated with great dis-tinction in 1997.

Following her passage of the bar,June found herself a newly-mintedattorney ready to enter the job mar-ket. At the same time, her marriage

ended and she found herself a singlemother with a 5-year-old child. Likemost working moms, June hadlearned to balance her family andwork commitments while excelling inlaw school; now she needed to apply

those skills as never before. With sub-stantial encouragement and assistancefrom her mother, June plunged intoher new profession.

June began her legal career asan associate attorney at Burger &

June Coleman joined the Business Services Practice Group at Kronick, Moskovitz, Tiedeman & Girard in 2010after successfully co-founding her own firm in 2006

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20 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

Plavan, where she worked on amassive technology case represent-ing the California Department ofCorrections. When that firm wounddown its operations in1999, she joined theSacramento Office ofMurphy, Pearson, Bradleyand Feeney, a litigation-oriented firm with anemphasis on the defenseof attorneys and account-ants. It was there thatJune began to put downroots in the Sacramentolegal community; thefirm's work allowed her toestablish personal andprofessional relationshipswith attorneys throughoutthe region.

In the ensuing yearsJune became familiar withthe rigors of litigation asshe arbitrated and triedprofessional liability caseson behalf of her colleagues.In the course of this workshe developed an interestin the statutory frameworkof consumer protectionlaws; this interest grew asthe law developed to allowclaims against attorneysand other professionalsunder the Fair DebtCollection Practices Act. Inshort order, June acquireda significant amount ofexpertise in this area andby 2005 she was listed asthe attorney of record innumerous federal decisionson the subject.

In 2006, June and anumber of her MurphyPearson colleagues decidedto establish their own firm, and shebecame a founding partner ofSacramento's Ellis, Coleman, Poirier,LaVoie & Steinheimer. June contin-

ued to focus on defense work, withan emphasis on defending consumerfinancial professionals. She quicklybecame involved in a number of

national organizations dealing withconsumer collections law, and overthe next few years delivered presenta-tions throughout the United States on

defending debt collection profession-als. As her reputation grew, Junepublished numerous articles andcompilations dealing with the legal

issues posed under variousdebt collection statutes.She even brought herexpertise to the highestcourt in the land, co-authoring two amicusbriefs in the United StatesSupreme Court.

In addition to her litiga-tion, education and writ-ing responsibilities, Junedevoted her talents to thelocal legal communi-ty. June joined WomenLawyers of Sacramento(“WLS”) in 1999, andthereafter edited the ABApublication "A Legal Guidefor Women.” June felt herexperiences in balancingwork and family commit-ments while serving as afounding partner of a suc-cessful law firm might ben-efit others in meeting theunique challenges that con-front female attorneys, andin 2008 she becamePresident of WLS. DuringJune’s WLS Presidency, theWLS Career, Advancement,and Retention Committeebegan its work to mentorwomen attorneys by ad-dressing glass ceiling,advancement, and reten-tion issues. It was in herrole as President of WLSthat June first sat onthe Board of Directors ofthe Sacramento CountyBar Association.

In 2010 June took yetanother career step when she acceptedan invitation to join the BusinessServices Practices Group atSacramento's Kronick, Moskovitz,

As Duke Ellington observed,"a problem is an opportunity

to do your best," we are aboutto witness an immensely suc-cessful year as June Colemantakes the helm of the SBCA.

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Tiedemann & Girard, where she isnow a shareholder. Her practice con-tinues to focus on claims against col-lection professionals under the FairDebt Collection Practices Act and theFair Credit Reporting Act. She alsohandles professional liability defense,class actions, commercial litigation,and employment law.

When questioned about her goalsfor the SCBA, June is quick to articu-late two primary objectives. First, shewants to tackle the problem of mak-ing the organization more relevant--indeed more helpful--to Sacramento'slegal practitioners. Her agenda envi-sions the expansion of existing pro-grams, including the Indigent DefensePanel and the Lawyer Referral Service.She also intends to urge a renewedfocus on member benefits, includingMCLE compliance offerings. In the

same vein, she wishes to explorewhether strategies exist to stabilizeSacramento's legal employment marketto assist younger practitioners in theirefforts to find a job.

Second, June wants to exploreways that the SBCA might better servethe public at large. She is an avid pro-ponent of youth education programsand believes it is essential for youngpeople to understand the workings ofthe legal system. June applauds theSCBA’s involvement in the SacramentoLaw Academy, which she feels has thepotential to build a bridge for under-privileged and underrepresentedyouths to pursue careers in the law.She is acutely aware of the uniquelegal issues that have arisen as a resultof the troubled economy and is com-mitted to exploring new strategies forproviding legal services to the poor.

In short, June Coleman finds her-self assuming the presidency at a timecharacterized by significant challengesas well as unique opportunities. Thisis exactly the type of situation thatJune finds invigorating. If, as DukeEllington observed, "a problem is anopportunity to do your best," we areabout to witness an immensely suc-cessful year as June Coleman takes thehelm of the SBCA.

Kevin R. Culhane is a SacramentoSuperior Court Judge and a long-time fac-ulty member at Pacific McGeorge Schoolof Law, where he teaches professional responsibility, advanced torts and insur-ance law. He has served on the State BarBoard of Governors and as a member ofthe California Judicial Council. He is cur-rently the President of the Anthony M.Kennedy Inn of Court.

Reach A Variety of Sacramento Area

Professionals

Place your advertisement inSacramento Lawyer Magazine, Call (916) 564-3780 x200

Page 22: Sacramento Lawyer Lore

Annual Bench-Bar ReceptionDraws Huge Crowd

By Lori Okun Photos by: Charr Crail

Events

22 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

he Sacramento County Bar Association held itsannual Bench Bar Reception on October 13, 2011,

at the California Automobile Museum. With over 400 peo-ple in attendance, the event was a smashing success.

SCBA President Michael Levy opened the program withremarks about the California State Bar’s Campaign forJustice. The State Bar’s Legal Services Trust Fund Programsupports about 100 nonprofit legal aid organizationsthroughout California, including our own Voluntary LegalServices Program (VLSP) of Northern California. There arethree sources of funding for the Legal Services Trust Fund:the State’s Equal Access Fund through the courts’ budget;Interest on Lawyers’ Trust Accounts (IOLTA) and voluntarydonations to the Justice Gap Fund from a dues check-off

T with the annual State Bar fee payments. Historically lowinterest rates have dried up IOLTA funds, creating a severeimpact on funding for legal services. In 2008, IOLTA fundscontributed $22 million to the Legal Services Trust Fund.Today it is $8 million, a 60% decline. The Campaign forJustice has set an ambitious goal of raising $10 million innew funds by the end of 2013. If every California bar mem-ber gave just $100 to the Justice Gap fund, the Campaignwould raise over $17 million dollars, vastly exceeding their$10 million goal. Although not all attorneys are in a posi-tion to give $100, Levy urged audience members to checkthe dues box and do what they can.

Women Lawyers of Sacramento President Jamie Errecarthad the honor of presenting the Karen Pederson Stevens

Patrick Maloney, Judge William Shubb, andJudge James Mize

Judge David De Alba and family

Chief Judge Anthony Ishii, Presiding Justice Vance Raye, and JudgeMorrison England driven to the stage in a classic car

Judge Judy Hersherintroduces Joan Stone

Michael Levy presents the DistinguishedService Award to Joan Stone

Michael Levy presents theJudge of the Year Award toJudge David De Alba

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Scholarship award to Katherine Pankow, a first-year lawstudent at Pacific McGeorge. This annual scholarship isawarded to a law student who is interested in pursuing alegal career in family law and/or has provided assistance towomen and/or children. Ms. Pankow was recognized forher work with the Sol Collective Arts and Cultural Center inSacramento and for participating with the ACLU in present-ing public forums on immigrants’ rights.

Presiding Judge of the United States District Court forthe Eastern District of California, Anthony Ishii, who cameall the way from Fresno for the event, recognized the mem-bers of his bench, including the two newest members, JudgeKim Mueller and Magistrate Judge Carolyn Delaney.Judge Ishii noted that the Eastern District is home to most ofthe state and federal prisons located in California andthanked the lawyers who work in the court’s habeas corpusprogram on a pro bono basis.

Third District Court of Appeal Presiding Justice VanceRaye noted that court’s $350 million budget reduction thisyear. Although the Third District has the highest ratio ofopinions to justices of any appellate district in the state,Justice Raye warned of additional backlogs due to judicial

and staff positions that will continue to remain vacantbecause of insufficient funding. On a more positive note,Justice Raye noted the addition of four new justices on thecourt, including Justice Louis Mauro, who was sworn in lastAugust. Justice Raye then introduced the three newest mem-bers of the court, Justices William Murray, Elena Duarteand Andrea Hoch. Justice Raye also recognized the retire-ment of Justice Richard Sims.

Following Justice Raye’s remarks, Levy took a moment toacknowledge the contributions of Judge Steve White the lasttwo years as presiding judge of the Sacramento CountySuperior Court. During his tenure as presiding judge, Levysaid, Judge White instituted a number of reforms within theoperations of the court which have improved the adminis-tration of justice in Sacramento County. Under his leader-ship, Levy said, the court assigned an additional judge to thefamily law division and put two judges in the dependencydivision -- positions that were previously held by referees –and formed a Civil Law Advisory Committee to receive inputfrom the civil bar about court processes and procedures. Inaddition, a new web-based, check-in process for criminal tri-als was implemented, Levy said, which allows master calen-

Justice William Murray, Justice Elena Duarte, and Judge Sharon Lueras Judge Michael Virga, Judge David De Alba, and Judge Judy Hersher

Justice Art Scotland, Justice Kathleen Butz, and Judge Helena GweonA Grand Entrance: Judge David De Alba, Joan Stone, and JudgeJudy Hersher driven to the stage in a classic car

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Events

dar to know in advance whether a trial is likely to go forwardand assign trials more efficiently. The court is also in theprocess of setting up a similar web-based program for civiltrials, Levy said.

Over the past several years, the court has alleviated thebacklog of trials and default judgments, Levy said, andreduced lines in the clerk’s office. It has also implementedan expedited civil trial program. In conclusion, Levy saidJudge White was accessible and responsive to the SCBA,providing invaluable support to its many programs andoperations, and fostered open communication with thegreater Sacramento legal community.

Like his colleagues, Judge White noted the severe budg-etary constraints on his court, which took a permanent $18million cut and went from 900 to 600 staff in just six years.Judge White introduced four of the six new members of hiscourt, Judges James Arguelles, Donald Currier, TamiBogert, and Chris Krueger. New Judges Paul Seave andCurtis Fiorini were unable to attend.

Levy then had the special privilege of recognizing formerSCBA President Joan Stone’s impending retirement from theSacramento County Superior Court’s legal research staff. Inaddition to serving as bar president in 2004, Stone has held a

number of volunteer positions in the local and statewide legalcommunity, including chair of Women Lawyers of Sacramentoand the Conference of California Bar Associations. Over theyears, Levy said, Stone was the consummate professional, pro-viding good-natured encouragement to everyone around her,and proved to be a great mentor and a constant source of lead-ership and perspective. Following a lovely introduction byJudge Judy Hersher, Stone quipped, “No one is irreplaceable!”

Finally, Levy called upon Judge Morrison England to saya few words about the SCBA’s 2011 Judge of the Year,Sacramento Superior Court Judge David De Alba. Judge DeAlba recognized the support of his wife, family and court staff,noting the sacrifices his parents made so he could get an edu-cation, and pledged to live up to the reputations of the greatjudges whom SCBA has previously named Judge of the Year.

Although the SCBA is grateful to all of those who workedto make this year’s Bench-Bar Reception such a memorableevent, it would like to especially thank all of the sponsorswhose generous donations enabled the SCBA to significant-ly lower the ticket prices over the 2010 event. It would alsolike to thank its own then First Vice President, JuneColeman, without whose tireless efforts this event would nothave been possible.

Judge Emily VasquezJudge Judy Hersher, Presiding Justice Vance Raye, Joan Stone, Presiding Judge Steve White,Judge David De Alba, Mike Levy, Judge Morrison England, and Chief Judge Anthony Ishii

Presiding JudgeSteve White

Niti Gupta, Mark Slaughter, and JudgeHelena Gweon

Carrie Bushman, Helene Friedman,and Daniel Yamshon

Judge Russell Hom, Judge RaoulThorbourne, and Emmett Mahle

Judge David De Alba

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25JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

California Conference AdoptsFive Sacramento Resolutions

By AndiLiebenbaum

Section & Affiliate News

he Sacramento County Bar Association’s Delegationto the Conference of California Bar Associations

(CCBA) is pleased to announce five resolutions it proposedwere adopted at the annual meeting of the Conference lastSeptember in Long Beach.

CCBA is comprised of attorneys from local, specialtyand minority bar associations throughout California whoseek to improve the administration of justice and rule oflaw by proposing changes to statutes, regulations and rules.The majority of the resolutions adopted by the Conferenceand presented to the Legislature become law.

At its September meeting, CCBA adopted 55 resolutionsproposed by the delegations and attorneys from across thestate. The resolutions now go to CCBA Lobbyist LarryDoyle, whose job it is to find legislators to sponsor the res-olutions as bills, get them passed and then signed into lawby the Governor.

The following is a summary of the five Sacramento resolutions the CCBA adopted:

1. A resolution to amend Probate Code 21134 to givethose made a gift under a revocable living trust thesame protections as those who receive by way of awill where the gift is later sold or encumbered bythe trustee after the trustor or settlor becomesincapacitated. The resolution was drafted andsponsored by Sacramento delegation memberBorden D. Webb.

2. A resolution amending Code of Civil Procedure sec-tion 425.16, the anti-SLAPP statute, to extend the timefor hearing a special motion to strike. A motion underthe statute is made on the ground that the lawsuit aris-es from any act of a person in furtherance of that per-son’s constitutional right of petition or free speech andthere is no probability that the plaintiff will prevail onthe claim. Under the statute, discovery is stayed untilnotice of entry of the court’s order on the motion,unless the court orders that specified discovery may beconducted. The change proposed by the resolutionwould allow the party opposing the motion sufficient

T time to move for relief from the discovery stay and toconduct discovery if the motion is granted. Thisamendment was drafted and proposed by Sacramentodelegation member Summer Haro.

3. A resolution amending Code of Civil Procedure sec-tion 663a to specify that the time in which a courtmay grant a motion to set aside and vacate a judg-ment under the statute is the same as the time togrant a new trial motion. This amendment was draft-ed and proposed by Sacramento delegation memberJay-Allen Eisen.

4. A resolution adding Family Code section 3022.1,which would allow all temporary orders in a custodyproceeding to become immediately appealable. Theoriginal version, which would have made only tempo-rary custody orders immediately appealable, wasadopted with the above modification by theConference. The original version was drafted andproposed by Sacramento delegation memberElizabeth Niemi.

5. A resolution calling for the State Legislature to ensureadequate funding to keep California trial courts openyear-round. The resolution was drafted and proposedby delegation member Summer Haro.

For more details on these and any of the other 82 2011CCBA resolutions, please visit www.calconference.org.

The Sacramento delegation’s success at the annual con-ference makes it a leader in the effort to improve the laws ofCalifornia and the administration of justice throughout thestate. Your support of and participation on the Delegationare greatly appreciated and encouraged.

Andi Liebenbaum is the Chair of the Sacramento County BarDelegation to the Conference of California Bar Associations andworks as a Senior Consultant to Assemblymember JaredHuffman representing the 6th Assembly District. Contact her [email protected].

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Litigation

26 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

his article is generally intend-ed to address the timeliness of

motions brought before the court.The practitioner is urged to carefullyreview those statutes applicable tohis/her motion, since different timingperiods may apply to differentmotions. For the “usual” motions, ithas been the court’s experience that aconsiderable number of motions aredropped because of defective notice.The types of motion that require suchnotice are set forth in section 1005(a),as set out below.

Timing is everything, especiallywhen addressing motions before thecourt. Defective notice deprives theCourt of jurisdiction to act. Lee v.Placer Title Co., (1994) 28 Cal. App.4th 503, 509, 511. Generally, C.C.P.section 1005 requires 16 court daysfor a notice of motion, with five addi-tional calendar days for service byU.S. mail (assuming service is withinthe State).

Section 1005 also requires the 16court days be computed before count-ing the five calendar days for serviceby mail. See, Barefield v. WashingtonMutual Bank (2006) 136 Cal.App. 4th299, 303.

Effective Jan 1, 2011, C.C.P. sec-tion 12c provides for the calculationof the last day to perform an actbefore the hearing as follows:

"(a) Where any law requires an actto be performed no later than a speci-fied number of days before a hearingdate, the last day to perform that act

shall be determined by countingbackward from the hearing date,excluding the day of the hearing asprovided by Section 12." [emphasisadded]

"(b) Any additional days added tothe specified number of days becauseof a particular method of service shallbe computed by counting backwardfrom the day determined in accor-dance with subdivision (a).”

PRACTICE NOTE: BE AWAREOF COURT HOLIDAYS. They are notpart of the 16 court days specified inthe code section. This is a trap for theunwary.

RESOURCE MATERIALS: Weil & Brown , Cal. Practice

Guide: Civil Procedure Before Trial(The Rutter Group 2005)

CCP§ 12c: Computation of lastday to perform act before hearing date

CCP§ 1005: Requirement of writ-ten notice for certain motions; time forserving and filing; method of serving.

a) Written notice shall be given, asprescribed in subdivisions (b) and (c),for the following motions:

(1) Notice of Application andHearing for Writ ofAttachment under Section484.040.

(2) Notice of Application andHearing for Claim andDelivery under Section512.030.

(3) Notice of Hearing for Claim of

Judge David I.Brown

T

Law and Motion: A Primer on SelectedTopics: Timing is everything – If You

Want Your Motion Heard

Exemption under Section706.105.

(4) Motion to Quash Summonspursuant to subdivision (b) ofSection 418.10.

(5) Motion for Determination ofGood Faith Settlement pur-suant to Section 877.6.

(6) Hearing for Discovery of PeaceOfficer Personnel Records pur-suant to Section 1043 of theEvidence Code.

(7) Notice of Hearing of Third-Party Claim pursuant toSection 720.320.

(8) Motion for an Order to AttendDeposition more than 150miles from deponent's resi-dence pursuant to Section2025.260.

(9) Notice of Hearing ofApplication for Relief pursuantto Section 946.6 of theGovernment Code.

(10) Motion to Set Aside Default orDefault Judgment and forLeave to Defend Actions pur-suant to Section 473.5.

(11) Motion to Expunge Notice ofPendency of Action pursuantto Section 405.30.

(12) Motion to Set Aside Defaultand for Leave to Amend pur-suant to Section 585.5.

(13) Any other proceeding underthis code in which notice isrequired and no other time ormethod is prescribed by law orby court or judge.

(Nothing contained herein is to be considered a local court rule, an unwritten rule of court or court policy. The thoughts and opinions expressed herein are solely those of the author, who reserves the right to

re-examine any issue brought before the court).

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27JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

Litigation

(b) Unless otherwise ordered orspecifically provided by law, all mov-ing and supporting papers shall beserved and filed at least 16 court daysbefore the hearing (PRACTICENOTE: THIS IS THE FIRST “COM-MANDMENT”— the 16 court dayscomes first and THEN count the serv-ice time in calendar days). The mov-ing and supporting papers servedshall be a copy of the papers filed orto be filed with the court. However, ifthe notice is served by mail, therequired 16-day period of noticebefore the hearing shall be increasedby five calendar days (PRACTICENOTE: THIS IS THE SECOND COM-MANDMENT) if the place of mailingand the place of address are withinthe State of California, 10 calendardays if either the place of mailing orthe place of address is outside theState of California but within theUnited States, and 20 calendar days ifeither the place of mailing or the placeof address is outside the UnitedStates, and if the notice is served byfacsimile transmission, express mail,or another method of delivery provid-ing for overnight delivery, therequired 16-day period of noticebefore the hearing shall be increasedby two calendar days. Section 1013,which extends the time within whicha right may be exercised or an act maybe done, does not apply to a notice ofmotion, papers opposing a motion, orreply papers governed by this section.All papers opposing a motion sonoticed shall be filed with the courtand a copy served on each party atleast nine court days, and all replypapers at least five court days beforethe hearing.

The court, or a judge thereof, mayprescribe a shorter time.

(c) Notwithstanding any otherprovision of this section, all papersopposing a motion and all reply

papers shall be served by personaldelivery, facsimile transmission,express mail, or other means consis-tent with Sections 1010, 1011, 1012,and 1013, and reasonably calculatedto ensure delivery to the other party orparties not later than the close of thenext business day after the time theopposing papers or reply papers, asapplicable, are filed. This subdivisionapplies to the service of oppositionand reply papers regarding motionsfor summary judgment or summaryadjudication, in addition to themotions listed in subdivision (a).

The court, or a judge thereof, mayprescribe a shorter time. (PRACTICENOTE: Consider using the ex parteroute)

PRACTICE NOTE: FOR THEBENEFIT OF THE BAR, HERE’SHOW THE COURT CALCULATESTHE TIME: CCP 12c requires movingparty to start COUNTING BACK-WARD from the date of the motion,excluding the day of the hearing. Startby counting the 16 COURT days back-ward from the first court day beforethe hearing (Monday, Tuesday, etc.excluding holidays and weekend days)and when you reach 16, start countingthe calendar days).

HYPOTHETICAL 1: A hearingdate is set for July 18, 2011. Themotion is filed on June 23, 2011. CCP

12c requires moving party to "countbackward from the hearing date,excluding the day of the hearing..."Using July 15 as the first court day,July 14 as the second, etc. yields June23 as the 16th court day. June 22would commence the first of the "fivecalendar days" as required by CCP1005(b), but since the motion wasfiled on June 23, the service period isabsent. The motion is defective due toimproper service. NOTE: July 4 wasexcluded because it is a court holiday.

HYPOTHETICAL 2: A hearingdate is set for Dec. 2, 2011. Themotion is filed Nov. 3, 2011. Again,counting backward from the date ofthe hearing, excluding the hearingdate, the first court day would be Dec.1, 2011. The practitioner must keep inmind the THREE court holidays – the25th, 24th, and 11th – in the month ofNovember so that the 16th “court day”is Nov. 7. 2011. With this date, onecan now start counting backwards five“calendar days” to calculate the timefor service by mail. Again, this motionis defective because only 4 calendardays for mailing were given, not therequisite five.

PRACTICE NOTE: Even if serviceis improper, if a substantive oppositionis received the jurisdictional defect maybe waived. Carlton v. Quinn (2000) 77Cal.App.4th 690, 697

Page 28: Sacramento Lawyer Lore

any accomplished lawyersare fantastic storytellers,

while others may possess great intellect,solid judgment or keen risk-assessmentskills. Legendary Sacramento attorneyJoe Genshlea is a prime exampleof one whose acumen in all thoseareas has translated into successfor him and his clients – and hisinfectious sense of humor hasn’thobbled him either. However,he modestly bristles at beingcalled a “storyteller.”

“Saying someone is a ‘story-teller’ suggests that they tell fic-tional tales,” Joe chuckled.“When I’m in court or doingone of my presentations aboutSacramento, I stick to tellingfolks the facts.” Regardless,people frequently have toldhim over the years that heshould write down the storieshe has shared. “I often won-dered if they were saying that just toget me to stop talking,” he joked.

But instead of writing them down,Joe spun his chronicles of growing upand practicing law in Sacramento intoa one-man stage show. He performedone version of it at the Wells FargoPavilion in 2008 as a fundraiser forthe Sacramento Theatre Company.He later performed another version ofit at the Crest Theatre in 2010 to raisefunds for Sierra Forever Families, anon-profit that provides mentoringservices to foster children.

One of Joe’s legal anecdotes stemsfrom his early years in practice. Aprobate judge, the Hon. StanleyReckers, became upset with anotherattorney for not bringing any witness-es to prove a will. According to Joe,

Sacramento Lawyer Lore:The Inimitable Joe Genshlea

By Brendan J. Begley

Profiles

28 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

the attorney retorted that witnesseswere unnecessary because JudgeReckers could plainly see the will wasdrawn up by the judge’s former lawpartner and prepared by a secretary in

his former law office.“Judge Reckers scolded the lawyer

that a judge cannot be called as a wit-ness in his own courtroom,” Joe recol-lected. “The lawyer answered, ‘What’sthe matter, your Honor, don’t youbelieve yourself?’”

Joe’s yarns frequently involve bothhumorous and serious risks as well ascontrasts between good and bad deci-sions. For example, he recounted theday when he was running in LandPark and heard the screams of a near-by woman whose purse had just beensnatched by a young man. “I startedto chase him and I hadn’t gone veryfar when something really terriblehappened,” Joe deadpanned. “I real-ized I was going to catch him.”

Although Joe helped bring the

bandit to justice and has no regretsabout his decision, he said he reactedwithout first giving thought to the risksthat his pursuit presented. “Peopleoften worry about risks that are very

remote without paying attentionto the immediate things that aremore likely to harm them,” heobserved.

To illustrate the point, Joetold a story about a nationalsecurity expert’s presentationoutlining all kinds of terrorismin the world. “At the end of hisspeech,” Joe recalled, “someoneasked him what people shoulddo to stay safe – and he said,‘Don’t smoke and wear yourseat belts.’”

After practicing law for over50 years, Joe has formed theimpression that lawyers andtheir clients often run into trou-ble by forgetting that most

immoral things are legal. “The SevenDeadly Sins are all legal and eight ofthe Ten Commandments are alsolegal,” he quipped, adding that “covet-ing your neighbor’s wife is legal – it’sdangerous, but it’s legal.”

“People say that the lawyer saidyou can do this or do that,” Joeexplained. “Well that just meansyou’re not going to get sued or go tojail for it. But that’s a pretty low levelto live on. We need to live on the levelof ‘should we do it,’ and a good lawyershould never forget the differencebetween ‘the can’ and ‘the should.’”

Of course, properly assessing riskand evaluating moral dilemmas canpromote good choices and sensibleresolutions. Joe’s experiences showthat it doesn’t hurt to have a sense

M

Joe Genshlea

Page 29: Sacramento Lawyer Lore

29JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

of humor in that serious-mindedprocess. For instance, he describedan opponent he had never met, aseemingly reserved man of solemnreligious convictions, who followedhim to the men’s room during a breakfrom settlement discussions.

“He stood next to me while wewere doing what men usually dowhile standing in the men’s room andthen he turned to me and said, ‘You’refull of B.S.,’” Joe remembered with agiggle. “After we got done laughingabout the fact that he had found meout, we shook on it – hands that is --and we got the lawsuit settled.”

In cases that can’t settle, Joe says, it’snot necessary that the judge be thesmartest person in the courtroom. It’smore important, he reasoned, that theyhave the best judgment. “When lawyersare elevated to the bench,” Joe said, “wedon’t call them ‘smarties;’ we call them‘judges.’ They’re supposed to have goodjudgment more than anything else.”

When cases reach the trial stage,Joe is known for being a marvel atcross-examination and jury persuasion– but that doesn’t exclude him fromsimultaneously playing the role ofcupid. According to Nancy Sheehan,an outstanding trial attorney in herown right, she met her husband Richat a local establishment one eveningafter Joe had just finished filleted himas an expert witness on cross-examina-tion at trial. Love began to blossom,Nancy recalled, as she began to doctorRich’s wounds from that encounter.

Although proud of his career andreputation, Joe tries not to take himselftoo seriously. His genuine modesty,folksy parlance and kind dispositionhave won rapport with jurors, judges,clients, and even opponents. Mean-while, his rarely surpassed intelligenceand big-city sophistication have comein handy too at times –although he sel-dom focus on those instances.

Joe’s seeming lack of wanderlust and

life-long love of Sacramento may foolsome into thinking that he hasn’t evermanaged to get very far from NorthernCalifornia. Indeed, he often introduceshimself by announcing, “I live oneblock from where I was born,” and hehas openly professed that “Sacramentois the best place to live and has the bestyear-round weather in the whole coun-try.” However, it doesn’t take long tofind out that Joe is very well-traveledand holds a strong grasp of nationaland world affairs. His stories aboutSacramento are just more interesting tohim and – because they are genuine andinsightful – to his listeners too.

Joe certainly is a curator ofSacramento’s Lawyer Lore.

Brendan J. Begley is chair of the SCBAAppellate Law Section and head of theAppeals and Writs Group at WeinbraubGenshlea Chediak Law Corporation inSacramento. He is also a California StateBar certified appellate law specialist.

Page 30: Sacramento Lawyer Lore

Section & Affiliate News

30 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

Robin Basra, Brad Coutinho, ChanpreetSingh, Anjali Bansal, and Harveen Gill

SABA of Sacramento Hosts 4th AnnualDiversity Law Student Reception

he South Asian BarAssociation of Sacramento

(SABA) in September hosted itsfourth annual diversity reception forlaw students at the Davis home ofSABA co-founder and former presi-dent, Shama Mesiwla. The recep-

TBy Shama MesiwalaPhotos by: Frank Roe

tion, which hosted students fromPacific McGeorge, UC Davis andGolden Gate law schools, was attend-ed by over 100 people.

SABA’s reception is designed toprovide an opportunity for law stu-dents from all backgrounds to mingle

with local judges and attorneys in arelaxed, backyard setting. A signaturefeature of the event is the cornucopiaof authentic Indian appetizers anddelicacies, which included samosas (asavory pastry filed with fried spicedpotatoes, onions, peas, and corian-

Judge Gary Ransom, Megan Lewis, OliviaMirzoyeva, and Neha Mac

Niti Gupta and Miruni Soosaipillai

Sarra Ziari, Ashley DeFranco, andNirav Desai

Pat Sturdevant, Shama Mesiwala,Colleen Truden, Judge DanielMaguire, and June Coleman

Negin Yazdani, Sarra Ziari, Danielle Mesrobian, andJudge Raoul Thorbourne

Page 31: Sacramento Lawyer Lore

31JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

Section & Affiliate News

der), channa masala (spiced chick-peas with onion, chopped tomatoes,coriander seed, garlic, ginger, andchiles) and chicken tikka (chickenwings marinated in yogurt and spicesand then grilled in a clay oven).

SABA was honored by the atten-dance of Presiding Justice Vance

Raye, Justice Ron Robie, Justice LouisMauro, and Justice Elena Duarte fromthe Third District Court of Appeal,Presiding Judge of the JuvenileDivision Stacy Boulware Eurie, JudgeGary Ransom, Judge Emily Vasquez,Judge Raoul Thorbourne, JudgeHelena Gweon, Judge Thadd

Blizzard, and Judge Chris Kruegerfrom the Sacramento CountySuperior Court, and Judge DanielMaguire from the Yolo CountySuperior Court.

The reception was generouslyunderwritten by Pacific McGeorgeand UC Davis Schools of Law.

Paloma Velez, Laura Uva, Presiding Judgeof the Juvenile Division Stacy BoulwareEurie, and James Chae

Jeff Bedell, Michelle Ruskofsky, andRicardo Lopez

June Coleman, Judge Helena Gweon,Justice Elena Duarte, Justice Louis Mauro,and Tara Shabahang

Bhavani Murugesan, Judge EmilyVasquez, and Tran Ly

Judge Chris Krueger, Presiding Judge of the Juvenile Division Stacy Boulware Eurie, JudgeHelena Gweon, Judge Emily Vasquez, Judge Raoul Thorbourne, Justice Elena Duarte, JusticeLouis Mauro, Judge Daniel Maguire, Judge Thadd Blizzard, Justice Ron Robie, PresidingJustice Vance Raye, Sacramento County Bar President Mike Levy, and Judge Gary Ransom

Page 32: Sacramento Lawyer Lore

32 SACRAMENTO LAWYER � JULY/AUGUST 2011

Section & Affiliate News

Barristers’ Club Update

By Amanda Gimbel,Barristers’ Media Chair

The Barristers’ Club Ratifies the New Board of Directors

November, the Barristers’ Club held its annualvoting party at the Pine Cove, where members

voted to ratify the new slate of officers on the Board ofDirectors. Please welcome the Barristers’ Club’s newBoard of Directors:

President: Daniel TichyVice President of Programs: Monica HansExecutive Vice President: John DoyleTreasurer: Amanda Gimbel

InSecretary: Daniel ReidMembership Chair: Kevin DavisCharity Chair: Daniel KimMedia Chair: Kurt HendricksonMCLE Chair: Colleen HowardFederal Programs Chair: Kevin KhasigianSergeant-At-Arms: Ian BarlowBoard Member at Large: Aaron CrewsBoard Member at Large: Cameron DesmondBoard Member at Large: Daniel McCrary

The incoming Board would also like to take this oppor-tunity to thank our outgoing president, Jason Schaff, for

Daniel Reid and Kurt Hendrickson19tn-century styleJohn Doyle and Daniel McCrary looking distinguished

Barristers from leftto right: StacyMoak, Daniel Reid,Jason Schaff,Amanda Gimbel,Kurt Hendrickson,and John Doyle

Page 33: Sacramento Lawyer Lore

33JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

all of his hard work and dedication toimproving the Barristers’ Club.

The Barristers’ Club Celebrates Its Barrister Traditions

The Barristers’ Club of Sacramentorecently hosted an event designed totake attendees back in time—to the19th Century. Yes, for a night, theBarristers returned to the days ofsolicitors, barristers, and powderedwigs. Literally. In a light-heartedattempt to reflect back on how far thelegal profession has come, theBarristers donned white powderedwigs while enjoying libations at deVere’s Irish Pub. The First AnnualBarristers’ Powdered Wig Party wasco-sponsored by Client Tickler TaskTracking Software, Wallace &Associates, Inc., and Capitol DigitalDocument Solutions. The Barristers’Club hopes to make this entertainingnight an annual event that will hostmany years of successful wig-wearingattendees! Check out the photos andmake sure to join us next time!

Bridging the Gap isAround the Corner!

The Barristers’ annual Bridgingthe Gap seminar is fast approaching.Scheduled for Saturday, January 14,2012 at 9 a.m., local judges stronglysupport and encourage newly-admit-ted lawyers to attend this event.Bridging the Gap is designed to assistnew lawyers as they transition fromlaw school to law practice, and fea-tures many distinguished speakers,including several local judges.Topics include an ethics panel, fed-eral court practice, and trial practicein the Sacramento County SuperiorCourt. MCLE credits are availableand any new lawyer will greatly ben-efit from attending this seminar.Make sure to send all your newly-admitted associates!

For more information visit:www.sacbar.org

Page 34: Sacramento Lawyer Lore

VLSP Celebrates 30 Years ofService to the Community

By Vicki Jacobs, VLSPManaging Attorney

Photos by: Alan Stachowitz

Community Service

34 SACRAMENTO LAWYER � JANUARY/FEBRUARY 2012

October, the Voluntary Legal Services Programof Northern California, the pro bono project

that is sponsored by the Sacramento County BarAssociation, celebrated its 30th anniversary. VLSP volun-teers, staff and supporters gathered at the Casa GardenRestaurant, which benefits the Sacramento Children’sHome, to celebrate 30 years of providing pro bono legalservices to low income clients in the Sacramento region.

As part of the festivities, VLSP presented its June BlackPro Bono Award for 2011 to the Hewlett-PackardCompany and the Sacramento Office of DLA Piper LLP.Each year, Voluntary Legal Services Program presents theJune Black Pro Bono Award to volunteers who have madean outstanding contribution of time and expertise to ourlow-income clients.

In DLA Piper and Hewlett-Packard Company were hon-ored for their joint work in establishing and staffing VLSP’sJuvenile Records Sealing Project Clinic. This monthly clin-ic assists low income persons with juvenile records in seal-ing their records so that they might move on in their livesand obtain employment and join the military. The attorneyand paralegal volunteers from these two entities have beencommitted to the success of this project, which is in its sec-ond year of operation.

VLSP would like to thank the following sponsors of this30th anniversary event: Orrick, Herrington & Sutcliffe, LLP,Intel Legal Department-Folsom Campus, HP Office of GeneralCounsel, and DLA Piper LLP. Thank you also to East SacFlorist for the donation of the floral arrangements and to AlanStachowitz for the donation of the event photography.

Volunteers from Hewlett-Packard Company and the Sacramento office of DLA Piper LLP, co-winners of the 2011 June Black Pro BonoAward, celebrate their award along with members of VLSP and the Sacramento County Probation Department. From left to right:Matthjew Scott Koller, DLA Piper, Yolanda Dukes, DLA Piper, Scott Pink, DLA Piper, Christine Kellogg, Hewlett-Packard, Suzanne Rebelo,Hewlett-Packard, MariJo Rogers, Hewlett-Packard, Suzanne Miller, Hewlett-Packard, Victoria Ciganda, VLSP, Cathy McCoin, SacramentoProbation Department, and Renee Chantler, DLA Piper

Judge and VLSP Co-FounderJames M. Mize speaking at the anniversary celebration

Former VLSP Board Presidentand Advisory Committee ChairRussell AustinAttorney Scott Pink receiving the 2011 June Black Pro Bono

Award on behalf of his firm, the Sacramento office of DLAPiper LLP, from VLSP Managing Attorney Vicki Jacobs

Page 35: Sacramento Lawyer Lore

35JANUARY/FEBRUARY 2012 � SACRAMENTO LAWYER

Index of Advertisers

Buzz Wiesenfeld . . . . . . . . . . . . . . . . . . . . . . . . .Page 35

Darrel W. Lewis . . . . . . . . . . . . . . . . . . . . . . . . . .Page 3

Data Safe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 3

deVries Dispute Resolution . . . . . . . . . . . . . . . . .Page 29

Jay-Allen Eisen Law . . . . . . . . . . . . . . . . . . . . . . .Page 7

Ken Malovos . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 17

Kronick Moskovitz Tiedemann & Girard . . . . .Page 29

MaryBurroughsStudio.com . . . . . . . . . . . . . . . . .Page 17

Northern CA Collection Service . . . . . . . . . . . . . .Page 8

Ramirez Arbitration & Mediation Services . . . .Page 29

Sacramento Law Library . . . . . . . . . . . . . . . . . . .Page 12

Thomas Wagner . . . . . . . . . . . . . . . . . . . . . . . . .Page 2

Strive 2 Free Gala . . . . . . . . . . . . . . . . . . . . . . . .Page 2

Ueltzen & Company . . . . . . . . . . . . . . . . . . . . . .Page 2

Valentine Run . . . . . . . . . . . . . . . . . . . . . . . .Back Cover

C A L E N D A R

Second Wednesdays -- SCBA Barristers serve at St. John’s Shelter for Women. Contact Stacy Moak at

[email protected]

January 11 -- Justice Duarte will be delivering an Ethics Presentation (MCLE Pending) at a Joint St. Thomas

More Society and La Raza Lawyers meeting. For details, email [email protected]

January 26 -- Kronick Moskovitz Tiedemann & Girard will host a meet and greet with SCBA President June

Coleman and SCBA board members from 5:30 to 7 p.m. at their downtown offices, located at 400 Capitol

Mall, 27th floor. Admission is open to friends and members of the SCBA; food and refreshments will be

served.

February 8 -- Bishop Soto will preside over noon mass for St. Thomas More Society. For details, email

[email protected]

March 1 -- 2012 Submission deadline for May/June 2012 issue of

Sacramento Lawyer Magazine

February 11 -- Valentine Run-- Race for Justice. Visit www.lsncrun.info or call 916-551-2164 for more

information and race location.

Page 36: Sacramento Lawyer Lore

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

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

Join Bart at the9th Annual

Valentine RunRace for Justice!

Saturday, February 11, 2012Sacramento, California

Kids Races, timed or untimed Fun Run/Walk (4 mile or 1.8 mile),Fitness Expo, Freebies, Awards Ceremony, Best Dressed

and Fastest Attorney competitions and more!Plus, we make it easy for you to collect pledges

to win valuable prizes!

For more details visit: www.lsncrun.info

or call 916-551-2164

Online registration closes February 10, 2012Walk-up registration is available beginning at 7am on race day.

Thank You to Attorney Bart Mehlhop for his support of this annual fundraiser benefitting

Legal Services of Northern California.