VENTURA COUNTY TRIAL LAWYERS ANNUAL JUDGES' NIGHT

2 CITATIONS • APRIL 2011

THE CASE OF THE FLYING BRICKBy Joe StrohmanPhoto credit: Victoria BorjessonAPRIL 2011 • CITATIONS 3students confidence, improves their publicspeaking abilities and gives them a goodunderstanding of our judicial system. Hey,if you can stand up and present an argumentclearly to a judge in the courtroom whilein high school, why can’t you accomplishanything else in college or later life?The Constitutional Rights Foundationsponsors and provides the case material eachyear for this competition. Locally, JudgeKent Kellegrew organizes the program inVentura County (he follows Judge BrianBack and Justice Steve Perren in thiscommitment). With letters to local attorneysJudge Kellegrew recruits a long list ofattorney scorers and judges for each roundof competition. This is a time commitment.The trials begin around 6 p.m. and thesecond round ends around 10:30 p.m. Along day for judges after sitting on the benchand for attorneys after a day at the office orin court. But how rewarding.One look and you could tell Jesse Woodsonwas a troublemaker. Hot headed, a localgang member and a bully. Jesse had set hissights on Pikesville’s newest resident, AngelSterling, a new student from the cornfieldsof Nebraska. What followed was today’smodern day version of bullying – onlinenetworking intimidation. Plus the old stylekind – physical threats. Angel tried to stayaway from school and avoid Jesse. But oneday after a return to school someone caughtup with Angel in an alleyway with a brickto the back of the head. Or as the defenseclaimed, a flying brick fell from the buildingand hit Angel. But was Jesse responsible? Noone saw who hit Angel and after a hospitalrecovery Angel’s memory may have beenclouded. As to the cyber-bullying, manypeople had access to Jesse’s online accountat the school. So was Jesse guilty or not?These facts set the stage for the 2011 VenturaCounty Mock Trial Competition Feb. 28,March 1 and March 3, 2011 at the VenturaSuperior Court. With 27 teams from 23schools and over 450 high school students,the courthouse was a busy place from 5 to11 p.m. each night. Courtrooms overflowedwith students, teachers and parents as teamstook turns representing the prosecution andthe defense. This case included a completebut fast paced trial with pretrial motions,opening, direct and cross examination offour witnesses and closing. A complete trialin 90 minutes.I found myself in Courtroom 45 as anattorney “scorer” along with fellow attorneysAdrienne Miller and Earl Schurmer.Commissioner Dino Inumerable presidedover the courtroom as these high schoolstudents showed their stuff. Prepared, poised,direct – all the stuff that would make a trialjudge happy – and only 17 years old. Forthose downbeat about America’s youth theMock Trial presentation would reaffirmyour faith. These students prepare formonths (usually after school) for their rolesas attorneys and witnesses. By the time theyreach the courtroom they are finely tunedand know the facts and the case inside out.The Mock Trial program is not so mucha competition but a life changer for ahigh school student. Imagine being 17,cross-examining a witness in a courtroom,objecting, addressing a judge and then doinga closing argument. This process givesCongratulations go out to La Reina for itsfirst place finish and to its faculty advisorLiz Harlacher and attorney coaches JeanWentz, Rick Wentz and Ron Bamieh.La Reina moved on to the California StateChampionship held on March 25-25, 2011in Riverside.The VCBA website this month will providea link with the names of all the attorneysand judges who participated this year. Thelist is long and impressive. Take a look. Wealso thank the Ventura County Trial LawyersAssociation, which annually supports theMock Trial Program. Each year, the VCTLAgoes dark for February so members can bescorers at the event.Having coached the Ventura High SchoolMock Trial team for a number of years inthe 1980s, I know what a commitment itis to be a team “attorney coach.” But, likea teacher, you will form a bond with thesestudents for the rest of their lives. Althoughwe have a lot of “attorney coach” volunteers,there are still five or more high schools thatare actively looking for volunteer “attorneycoaches.” VCBA Board Member Joe O’Neillhas helped spearhead efforts to fill theseranks with attorney coaches. Contact Joe atContinued on page 5

4 CITATIONS • APRIL 20112011 VCBABOARD OF DIRECTORSEar to the WallBret G. AndersonAlvan A. ArzuLinda K. AshLaura V. BartelsMaria L. CaprittoMichele M. CastilloJosef M. DionErik B. FeingoldLee A. HessOFFICERSPresidentJoseph L. StrohmanPresident-ElectDien LeSecretary-TreasurerJoel MarkPast PresidentKendall VanConasExecutive Director, CEOSteve Henderson, CAEDeborah E. JurgensenCheri L. KurmanAlyse M. LazarSusan L. McCarthyJoseph D. O’NeillKathryn E. PietrolungoEric R. ReedChristina S. Stokholm,BarristersCITATIONS EDITORIAL BOARDManaging EditorWendy C. LascherPublisher, CEOSteve HendersonGraphics/ProductionJ.P. McWatersAssistant EditorBill LascherCorrection: In the March issue of Citations,the Amber Rodriguez announcement listedan incorrect office number. You can reachthe Law Office of Amber Rodriguez at(805)643-4200.The Oxnard Financial Plaza law firmof Arnold Bleuel LaRochelle Mathews& Zirbel LLP is pleased to announceDean W. Hazard as Of Counsel to the firm.Mr. Hazard received his bachelor’s degree,cum laude, from U.C.L.A. in 1978 andhis J.D. from U.C.L.A. Law School in1982. For nearly 30 years, Mr. Hazard hasspecialized in the practice areas of personalinjury, real estate and business litigation.Mr. Hazard is a past president of the VenturaCounty Trial Lawyers Association and a pastboard member of the Ventura County BarAssociation. He is the current chair of the BarAssociation’s Client Relations Fee DisputeCommittee.A Ventura County native, Ms. Clarkgraduated from U.C.S.B., earning herbachelor’s degree in only three years. She wasaccepted to law school at age 20 and earnedher law degree from Gonzaga UniversitySchool of Law in Spokane, Washington,where she was associate editor of theGonzaga Law Review and graduated withhonors in 1998.Meghan is a past Barristers’ president, pastrepresentative to the California YoungLawyers Association, past member ofthe Ventura County Bar AssociationBoard of Directors, member of the Boardof Counselors for California LutheranUniversity and the Vice Chair of the EastVentura County Employers’ AdvisoryCouncil.Meghan will continue to practice primarilyin the areas of writs and appeals, employmentlaw, and general counsel.As of April 1, 2011, Meghan’s e-mail addresswill be: mclark@fcoplaw.comHathaway Perrett Webster Powers Chrisman& Gutierrez is also adding another attorneyon April 1, 2011, Brook J. Carroll.Karen B. DarnallMichael L. McQueenMichael R. SmentMichael A. VelthoenLouis J. VigoritaEric R. ReedMichael A. StraussCarol MackRachel ColemanMark E. HancockAris E. KarakalosPanda L. KrollRobert I. LongGregory HerringAl VargasValerie GregsonMr. Hazard will continue to focus hispractice on civil trials and litigation with anemphasis in business, real estate and personalinjury matters.CITATIONS is published monthly by the VenturaCounty Bar Association. Editorial content andpolicy are solely the responsibility of the VenturaCounty Bar Association.Submit all advertising,classified and calendarmatters to:VCBA4475 Market St., Suite B,Ventura, CA 93003Attn: Executive Directort: 805.650.7599f: 805.650.8059e: bar@vcba.orgw: www.vcba.orgSubmit all editorialmatters to:CITATIONSP.O. Box 25540Ventura, CA 93002t: 805.648.3228f: 805.643.7692e: wendy@lascher.comFerguson Case Orr & Paterson in Venturais excited about adding its newest partner,Meghan B. Clark, to the firm as ofApril 1, 2011.After earning a B.A. in political sciencewith honors from the University of Arizona,Mr. Carroll earned his law degree fromLoyola Law School in 2000.Brook is a board member of the VenturaCounty Trial Lawyers Association and theEast Ventura County Employers AdvisoryCouncil.Mr. Carroll will continue his civil litigationpractice with an emphasis on employmentlaw and business litigation cases.

APRIL 2011 • CITATIONS 5THE CASE OF THE FLYING BRICK Continued from page 3Photo credit: Victoria BorjessonJudge Kent KellegrewJudge Melinda Johnson (Ret.)oxatty@earthlink.net or 988-6700 for moreinformation or to volunteer as an “attorneycoach” for 2012. Your help is needed.I would also like to recognize all the “attorneycoaches” for 2011. So here they are with ourthanks: Adolfo Camarillo: George Hultman,Richard Diamond, Mike Morrow; Agoura:Kyle Marks, Steve Sutton; Buena: DeniseTrerotola; Calabasas: Carol Chase, Hon.John Doyle; Channel Islands: MichelleCastillo, Gay Zide, Andres Garcia, JessicaArciniega; Hueneme: Jack Schuler, MikeWarns; La Reina: Jean Wentz, Rick Wentz,Ron Bamieh; Newbury Park-Gold: MartinZaehringer, Jonathan Light, Howard Wise;Newbury Park-Panthers: Chris Correa, AnnKahng, Derryl Halpern, Ken Henjum;Oak Park: Ron Camhi; Oaks Christian:Marshall Waller, Tom Beach; Oxnard:Victor Salas, Jr., Gilbert Romero, TomDunlevy, Jaclyn Sheehan; Pacifica: JosephO’Neill, Clifton Reed; Rio Mesa: DonAdams; Royal: Denise Houghton, LisaSale, Rose DeMattia; Santa Paula: JennieRuth, Diana Ponce-Gomez, CatherineVoelker; Santa Susana: Jeff Harkavy, CindyPandolfi, Jeff Wohlner, Andy Steiker;Simi Valley: Kathryn Pietrolungo, JeffHalfen, F. Stephen Jones; St. Bonaventure:Guy Parvex; Thousand Oaks: ChristinaS. Stokholm; Trinity Pacific-Silver: SarahWinkle; Trinity Pacific-Blue: ShannonHirtensteiner; Villanova: Dave Shaneyfelt,Coleen Gillespie, Colleen McCall, DebbyJurgensen; Westlake: Julia Snyder.Sometimes numbers arethe only prints left behind.Arxis Financial is a proven forensic accounting and litigationspecialist. We will examine the financial data and help youdetermine the “bottom line.” Arxis provides financial andvaluation analysis needed to resolve a variety of legal disputesfrom family court to civil, criminal, and probate courts. In manycases our experts can help you reach a settlement. If trial orarbitration is required we give you the support you need to win.Chris Hamilton, CPA, CFE, CVA805.306.7890www.arxisfinancial.comchamilton@arxisgroup.com0518_AX_citations_01_r1.indd 112/5/06 1:25:55 PM

6 CITATIONS • APRIL 2011BAR LEADERSHIPADR SECTIONMichael Wolfram 491-2770ANNUAL DINNEREric Reed 648-3228ASIAN BARJohn Fukasawa 383-2788BANKRUPTCYMichael Sment 654-0311BARRISTERSChristina Stokholm 987-4975BENCH/BAR/MEDIA COMMITTEEJudge Glen Reiser 654-2961BENCH-BAR RELATIONS COMMITTEEMatt Guasco 256-4972BLACK ATTORNEYS ASSOCIATIONAlvan Arzu 654-2500BUSINESS LITIGATION SECTIONErik Feingold 644-7188CITATIONSWendy Lascher 648-3228CLIENT RELATIONSDean Hazard 981-8555COURT TOUR PROGRAMThomas Hinkle 656-4223CPA LAW SOCIETYDouglas Kulper 659-6800EAST COUNTY BARBret Anderson 659-6800FAMILY LAW BARDouglas Goldwater 659-6800INTELLECTUAL PROPERTYChris Balzan 658-1945J.H.B. INN OF COURTDavid Lehr 477-0070JUDICIAL EVALUATION COMMITTEELinda Ash 654-2580LAW LIBRARY COMMITTEEEileen Walker 444-6308MEXICAN AMERICAN BAR ASSOCIATIONRebeca Mendoza 641-0253PRO BONO ADVISORY BOARDDavid Shain 659-6800PROBATE & ESTATE PLANNING SECTIONCheri Kurman 654-0911REAL PROPERTYRamon Guizar 988-8365SILENT AUCTIONDonald Hurley 654-2585VCBA/VLSP, INC.Joseph Strohman 659-6800VLSP, INC. EMERITUS ATTORNEYSVerna Kagan 650-7599VC TRIAL LAWYERS ASSOCIATIONJames Prosser 642-6702VC WOMEN LAWYERSJill Friedman 644-7188VCBA STAFF 650-7599Steve Henderson - Executive DirectorAlice Duran - Associate Executive DirectorCelene Valenzuela - Administrative AssistantAlejandra Varela - Client Relations ManagerVerna Kagan, Esq. - VLSP Program ManagerPeggy Purnell - CTP CoordinatorJudith Logan - Development DirectorCollaborative Family LawProfessionalsTransforming family law into a collaborative process• Private• No court battles• CollaborativeCollaborative Family LawyersLeonard AlexanderPaul BlatzTerry Anne BuchananEd BuckleRebbecca CalderwoodJohn CastellanoSteve DebbasDouglas GoldwaterThomas HutchinsonPatricia LamasJan LoomisPatti MannJulianna MarcielDavid MasciEdward MatisoffJeanne McNairPaul Miller• Creative• Win-win climate• Clients in chargewww.collaborativefamilylawyers.comCollaborative Family Lawyers, Inc.Steve MitnickMark NelsonMarsha NiedensGary NorrisGuy ParvexMichael PercyBarton PokrasDavid PraverRichard RabbinRichard RossDonna SantoKeri SepulvedaHillary ShankinSylvia SotoRandall SundeenRichard TaylorMarguerite Wilson• Faster• Child sensitiveAllied ProfessionalsMental Health ProfessionalsRobert Beilin, Ph.D.James Cole, Ph.D.Deborah Huang, LCSWNancy Lopez, MFTDiana Nolin, Ph.D.AccountantsSusan Carlisle, CPAWayne Lorch, CPAVocational ConsultantGabrielle David

APRIL 2011 • CITATIONS 7VCTLA To HostSixth AnnualTrial LawyerOf The YearAward DinnerBy Dennis Neil JonesThe Ventura County Trial Lawyers willpresent its 2010 Trial Lawyer of the YearAward on May 24. The annual awardrecognizes noteworthy civil trial results,contributions to the legal communityand to the betterment of the civil justicesystem and high standards of ethics,civility, courage and advocacy.Nominations for the award are nowopen. A nomination form is on theflyer for VCTLA’s April meeting, whichis one of the handouts tucked intothis magazine. Submit nominationsto Dennis Neil Jones by fax (805) 644-7390 or email, djones@mwgjs.com.Nominees will be announced innext month’s Citations. Past awardwinners include David Ellison, JohnHoward, Dan Palay, Jim Procter andGreg Johnson.Oxnard Armory Legal ClinicThanks to attorneys (R to L) Bill Lenehan (Public Defender), Laurie Nintcheff, AndreNintcheff (Public Defender), Robert Guerra, Caron Smith, Matt Purcell, EileenMcCarthy (CRLA) for their volunteer efforts at the Oxnard Armory Legal Clinic and theBarristers' Legal Clinic. Also thanks to VCBA's Volunteer Legal Services Program for theClinic's existence, to the Society of St. Vincent de Paul for their enthusiasm in havingthe Clinic take place at the Oxnard Winter Warming Shelter. to California Rural LegalAssistance, to the Public Law Center in Orange County for help with the forms and finallyto Tina Rasnow and Al Vargas, who helped CRLA attorney Eileen McCarthy connectwith VCBA to launch this project.A Happy Bunch at LunchTRACY COLLINSAttorney At LawERISARepresenting claimants in the denial ofgroup disability and life insurance claims.5699 Kanan Road, Suite 415Agoura Hills, CA 91301(818) 889-2441Fax: (818) 889-1210erisadisability@aol.comWLVC’s first brown bag lunch speaker series featured Tawnee Pena, Marketing Director ofMyers, Widders, Gibson, Jones & Schneider, LLP speaking about marketing tips for smalland mid-sized law firms. WLVC meets at 12:15 the second Friday of every month at theVCBA office. No RSVP’s are necessary and everyone is encouraged to attend.Photo credit: Celene Valenzuela

8 CITATIONS • APRIL 2011ARLBERG SKI REPORTBy Tony StraussFormer VCBA President Strauss takes excellentvacations and writes thoughtful reviews. Thisone is excerpted from a longer report on skiingin Lech that you can read on VCBA’s websiteat www.vcba.org/vcbacitations/.After two days of snow showers and lowclouds, the sunshine has returned to thisski village high in the Arlberg Alps. Thelocals had been worried as abnormally hightemperatures risked shortening a typicallylong ski season, but the latest storm droppedup to 20 centimeters in some locations,making the locals and the visiting skiersecstatic.Lech is named for the Lech River and wasfirst settled around 1300. But it wasn’t until1897 that it was connected by a road tothe outside world. The first ski lifts werebuilt in Zurs, the adjacent village on theroad to St. Anton, in 1937. Events inAustria’s neighbor to the north stymied theindustry until 1949 when the area becameknown internationally for skiing. The areabecame known internationally for skiingin 1949. However, it has remained buta village with a permanent population of1500 and 3-4000 visiting staff each skiseason and has the capacity to hold only10,000 visitors at a time. The result is thatthe slopes do not seem to get crowded,except when it has been snowing and thereis only one groomed run to the village.Skiing in Europe brings a panoply ofexperiences that differ from North Americanski trips. Each Alpine country has its ownpersonality. One attribute that the AustrianArlberg shares with other German-speakingski areas is the ubiquitous smell of baconemanating from every gasthaus or stubewithin olfactory proximity of the pist.In Alberg, a 210 euro six-day lift pass buysyou rides on almost exclusively high-speedchairs with heated seats! Loading is a bitunusual for those accustomed to NorthAmerican skiing as you stand behind a smallgate – like the ones used for ski racing – thatautomatically opens at the right time to allowyou to slide onto a conveyor belt that thenplaces you at the exact point where the chairwill come from behind to carry you away.The system operates so efficiently that whilethere may seem to be many on the slopes,there is never more than a minute’s wait toboard the lift.The grooming and pist layout are also mostcivilized. Virtually all of the runs are whatthose used to skiing in California or theRockies would consider intermediate. Themost impressive skiing experience is the triparound the Weis (White) Ring that allowsone to ski from village to village around theLech Valley. The round trip can take two tothree hours if pushing or all day if you wantto ski each area and enjoy its attributes. Theruns on the Ring are long, well groomed andoffer the most incredible sights imaginable.In fact I know of no North American skiexperience that matches the cross-mountainskiing in the Alps.Most hotels are full board and the HotelLech where we are staying has had fabulousmeals. Why would we go anywhere else,especially since the dinner is already paid for?After dinner is time for emails, reading andsleep. Michelle and I have been exhaustedeach day and going out just hasn’t seemedthe thing to do. Anyway, this is our vacation.MEDIATION/ ARBITRATORMEDIATION/ ARBITRATORRichard Richard M. M. Norman• 40 years litigation experience-AV rated.• Personal injury, business, construction, employment, real estate,probate/trust, partnership and corporate disputes and dissolutions• Member: American Board of Trial Advocates• Past president Ventura County Bar Association and Ventura CountyTrial Lawyers Association• American Arbitration Association and NASD arbitrator• Trained Mediator– Pepperdine University Straus Institute• Reasonable fees and flexible scheduling. No administrative charges.Richard M. NormanOf CounselNorman Dowler, LLP840 County Square DriveVentura, California 93003-5406(805) 654-0911 RNorman@normandowler.com• 40 years litigation experience-AV rated.• Personal injury, business, construction, employment, real estate,probate/trust, partnership and corporate disputes and dissolutions• Member: American Board of Trial Advocates• Past president Ventura County Bar Association and Ventura CountyTrial Lawyers Association• American Arbitration Association and NASD arbitrator• Trained Mediator– Pepperdine University Straus Institute• Reasonable fees and flexible scheduling. No administrative charges.

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10 CITATIONS • APRIL 2011UPDATE ON CALIFORNIA’SHEALTH BENEFIT EXCHANGEBy Karen DarnallOne year ago, President Obama signed healthreform legislation, the Patient Protection andAffordable Care ACT (PPACA). Californiahas embraced the plan but sister states arestill dragging their collective feet. Twenty-sixstates have filed court actions and 21 governorssigned an opinion letter to Health and HumanServices Secretary Kathleen Sebelius expressing“grave concerns.”Why is California upbeat while other states lackconfidence? Will the Golden State be ready tomeet the January, 2014 deadline?The Exchange BoardIn five short months California establishedthe Health Benefit Exchange (CHBE). Itwill be run by an independent governmententity directed by a five-member boardincluding two as-yet-unnamed legislativeappointees, two gubernatorial appointees(former California HHS Secretary KimBelshé and Susan Kennedy, former governorSchwarzenegger’s chief of staff) and the state’scurrent HHS Secretary (Diana Dooley).Selection of CarriersCHBE is authorized to selectively contractwith multiple insurance carriers. As an activepurchaser, CHBE’s role is analogous to the HRdepartment of a large corporation, where theemployer offers a wide selection of plans andassists employees in making benefit choicesover a long period of time.It will be a challenge for CHBE to sustain arobust market that includes a large pool ofenrollees, so insurers must compete on the basisof price and quality. Preventing insurers fromcherry-picking enrollees from the healthiestpopulations is the key to success.Safety in NumbersIn spite of its lumbering bureaucracy, Californiais better equipped than most states to confrontthe challenge of running an exchange. Ithas the eighth largest economy in the world.Roughly six to seven million of 38 millionresidents were uninsured in 2009. CHBE andexpanded Medi-Cal (up to 133 percent of thefederal poverty level) will be available to thispopulation in 2014.SubsidiesPremium credits (available only throughCHBE) are designed to cap a family’s premiumcosts between two percent and 9.5 percent ofhousehold income. Refundable federal taxcredits will be calculated through IRS taxreturns.CHBE purchasers must demonstrate theycannot obtain other “minimum essentialcoverage” according to the PPACA statute.People enrolled in Medi-Cal, Medicare andmost ERISA plans, cannot purchase policiessold through the exchange. However, theCHBE system is designed to guide consumerstoward suitable entitlement programs.Lessons from Past MistakesMassachusetts was a model for drafting CHBElegislation. But California also learned frombad experience. In the 1990s, Californiaoperated a small-business exchange that, at itspeak, covered 150,000 enrollees. Insurancebrokers then used the exchange as a dumpingground for the riskiest groups. Enrollmentshrank, insurers bailed, premiums climbed,and the program finally died. The cause wasadverse selection.PPACA was specifically designed to avoidCalifornia’s failure. States are protectedagainst adverse selection through PPACA’sindividual mandate, premium subsidies andtax incentives. After 2014, federal law willimpose insurance rate restrictions both withinand outside exchanges to level the playing field.Rating ReformsIn 2014, small and non-group insurers mustabide by adjusted community rating rules, whereinsurers will be allowed to vary premiums byusing only four factors: (1) self-only versusfamily coverage, (2) geographic rating area, (3)age and (4) tobacco use.For example: the maximum allowed variationfor non-smoking adults is 3:1. This meansthat a 64-year-old individual's premiumcould be three times higher than a 21-year-oldindividual’s premium in the same geographicarea (both non-smokers).No Wrong Door PoliciesPPACA requires all states to create “no wrongdoor” policies. HHS has published guidelinesurging states to enable “real time” methods(web portals) to determine eligibility forall of the state’s public health programs atonce. In other words, the consumer shouldnot be confronted with multiple applicationforms. This will be a formidable challenge inCalifornia.“In Massachusetts, we were lucky,” legislativeconsultant Jon Kingsdale (from Massachusetts)said. “Our non-group market was only about36,000 people. Here [in California] it’s severalmillion.”California already has a web portal (Healthe-App)that has been used for ten years forprocessing Healthy Families and Medi-Cal applications for pregnant women andchildren. Most eligibility workers and CertifiedApplication Assistants (CAAs) were trained touse this web portal. But last December, thesystem was made available to the public. Ina few months, the system – available at www.healtheapp.net – will also handle applicationsfor the Access for Infants and Mothers (AIM)program.CHBE’s “No Wrong Door” policy has not beenwritten yet. However, California has alreadybegun to implement this goal by helpingconsumers apply for health benefit programson-line.

APRIL 2011 • CITATIONS 11NavigatorsPPACA requires states to set up a systemof nonprofit “Navigators” to help peoplebuy subsidized health coverage through theexchange. HHS has not published rules forthis program yet.“We provide custom made suits, slacks, and dress shirts made from thehighest quality of fabrics and tailored to meet your specific needs and style.”Call for your complimentary wardrobe evaluation.A major challenge for California will be helping“flex” (part time, seasonal, temporary, contract)workers maintain continuous coverage. Duringpart of the year, a family may qualify for Medi-Cal but, through seasonal employment, thehousehold income suddenly exceeds 133percent FPL and the family qualifies for asubsidized policy through CHBE.Coordinating transitions between CHBE,Medi-Cal and other public programs needsto be supported. The new CHBE board mustaddress this operational issue.California’s Small Business Health OptionsProgram (SHOP) will have a separateadministrative structure that does not serveindividual purchasers. Therefore, there is nomechanism for employers to incorporate prorata contributions to help flex workers buythrough the individual exchange.PPACA changes the landscape for virtuallyevery person who deals with health insurancecoverage. Professional brokers, agents andlawyers could help “navigate” coverage issuesbut PPACA has not defined roles for thisworkforce. During the first two years, theCHBE board has authority to issue emergencyregulations.No matter what happens after politicalrumblings calm down, California is movingtoward health care reform by preparing forCHBE’s debut.Karen Darnallpractices health andhospital, and insurancelaw, in Camarillo.She is a member ofCITATIONS’ editorialboard.805.901.5875www.petermckenzieclothing.competer@petermckenzieclothing.comSpecializing inLegal PlacementLegal Staffing and Executive RecruitmentExpertise • Experience • EfficiencyServing the recruitment needs of lawyers and law firmsfor more than 30 years with integrity and confidentiality!Kathi Whalen, CACPresident & FounderFocused Recruitment& Staffingkathi@whalenbryan.com805.443.8422 • www.whalenbryan.com

12 CITATIONS • APRIL 2011VENTURA COUNTY TRIAL LAWYERSANNUAL JUDGES’ NIGHTJudge Vincent J. O’Neill, Jr. was honored as Judge of the Year, and retired Judge Roland N. Purnell was honored as the selectee to havehis portrait placed in Courtroom 22, on March 22 at the Ventura County Trial Lawyers Association’s annual Judges’ Night. Before morethan 125 members of the bench and bar, Judge O’Neill, the county’s presiding judge, was introduced by last year’s recipient, the HonorableFrederick H. Bysshe, Jr., and VCTLA Vice President Allen Ball, Esq. Retired Judge Purnell was introduced by his long time friendTom Hinkle, Esq. Peggy Purnell, who is married to Judge Purnell and is one of the Court’s busiest volunteer school tour leaders, sharedthe evening.Photos courtesy of Craig Bates with Telegenics (805) 981-3994.

APRIL 2011 • CITATIONS 132011 JUDGE OF THE YEAR Hon. Vincent J. O’NeillBy Allen R. BallJudge Vincent J. O’Neill, a Los Angelesnative, moved to Ventura in his youthwhere he attended St. Bonaventure HighSchool. Then, it was back to L.A. to attendLoyola Marymount University thanks to apartial scholarship which required only thathe patrol the outfield for the school’s baseballteam. His next stop was UCLA LawSchool.Upon graduation, Judge O’Neill joined theCalifornia Attorney General’s office, wherehe was assigned to the Criminal AppealsDivision and also did trial work.In 1979, Judge O’Neill joined VenturaCounty District Attorney Michael Bradbury,who was beginning only his secondyear at the helm. As a Deputy Dist. Attorney,Judge O’Neill was soon serving in thenewly-created felony sexual assault prosecutionunit followed by an appointmentas chief trial deputy, where his supervisoryduties included homicides and most majorfelonies.Gov. Pete Wilson appointed Judge O’Neillto the Municipal Court bench in 1992and elevated him to the Superior Courtin 1995. A veteran of both criminal andcivil benches, in 2008 Judge O’Neill waselected Assistant Presiding Judge. In 2010,his fellow judges elected him PresidingJudge. Judge O’Neill, with trial work hispassion, in addition to his supervisoryduties, continues to occasionally presideover civil trials and criminal hearings, sit asa Temporary Appellate Court Judge, as wellas handle the MSC calendar.Judge O’Neill, the author of CaliforniaConfession Law is the father of three adultchildren. Even tempered, quick witted,knowledgeable and articulate Judge VincentO’Neill is an asset to Ventura County andits Court. VCTLA is proud to honor JudgeO’Neill as Judge of the Year for 2011.Editor’s note: Judge O’Neill was the LittleLeague coach for one of my sons. His eventemper, quick wit, knowledge, and sense offairness was as evident on the baseball field asit is in the courtroom.2011 PORTRAIT HONOREE Judge Roland N. Purnell (Retired)By William M. GreweRetired Judge Roland N. Purnell was bornand raised in Marin County, California.He attended San Francisco State Univ.,graduating in 1960. Upon graduation, hisgoal was to work for the FBI as an agent. Atthe time, the FBI required a law degree ofnew hires. He continued to clerk for the FBIas he attended the University of California,Hastings College of Law.In 1963, law degree in hand, JudgePurnell was off to the FBI Academy.During his tenure as a Special Agent,1963-1967, he was based in Baltimore andPittsburgh where he conducted criminalinvestigations. The cold winters causedhim to look west but no transfers wereavailable.In 1967, Judge Purnell was hired by VenturaCounty District Attorney Woody Deem.He prosecuted a wide variety of mattersincluding four murder cases.In 1977, Judge Purnell was appointedcommissioner, family law calendar, bythe judges of the superior court. Whencommissioner positions were eliminated in1983, Judge Purnell stayed with the courtas a research attorney where he becameknowledgeable about the nuts and bolts ofthe full spectrum of civil litigation.In 1992, Governor Pete Wilson appointedJudge Purnell to the Municipal CourtBench. He was elevated to the superiorcourt in 1998 when the courts were unified.His mentors included Judges Marvin Lewisand Jerome Berenson. Judge Purnell hada reputation on the bench as unassumingand consistent. Matters in his courtroomwere about the law, not him, and that is theway he wanted it.Roland and Peggy Purnell have beenmarried for 46 years. Roland’s golf gamesare interrupted only by Peggy, their threeadult children and seven grandchildren.

14 CITATIONS • APRIL 2011As a significant benefit to our members...the Ventura County BarAssociation has identified these Insurance and Financial Planningprofessionals to accommodate your insurance needs. These brokersare recognized for their integrity, knowledge and experience in serving thelegal community. They can assist you in the areas of life, health, disabilityincome, long-term care insurance, annuities and investments. You can obtainState and County Bar plans at discounted rates through these brokers.Barry A. CaneDisability Income InsuranceBusiness Overhead Expense(805) 496-5537 Fax: (805) 496-5598240 Lombard St., #100, Thousand Oaks, CA 91360Lic. #0740274Registered Representative Park Avenue Securities (PAS), 7 Hanover Square, New York, NY 10004. Securities products and services offeredthrough PAS, 1-888-600-4667, Member FINRA. PAS is an indirect wholly owned subsidiary of The Guardian Life insurance Companyof America. Representative of The Guardian Life Insurance Company of America, New York, NY and other fine insurance companies.Michael P. Kenney*, CLUGroup and Individual Health InsuranceBusiness and Personal Life Insurance(805) 497-7407 Fax: (805) 494-1363www.kenneyins.comLic. # 0688916Securities offered through a registered represented of Royal Alliance Associates, Inc., Member FINRA.Branch Office: 100 E. Thousand Oaks Blvd., Suite 152, Thousand Oaks, CA 91360 • (805) 496-4600

APRIL 2011 • CITATIONS 15

16 CITATIONS • APRIL 2011Giving Back to THE CommunityBARRISTERSCORNERTurkeys, dunks, balls and competitions! Nowthat March Madness is over, start practicingbowling strikes for the Barristers BowlingNight on July 19 and shooting hoops for theBarristers/YMCA basketball tournament inOctober. Stay up to date on the activitiesof the Barristers by joining the facebook pageor email list at Christina@pachowicz.comOn March 12, 2011, twelve Barristers participated in a Build Day for Habitat forHumanity. The build site was located in Piru, where the volunteers assisted in the constructionof two homes that will soon be occupied by local low-income families. The future homeownerswere there as well, helping to build their homes. Pictured here are Barristers Tom Adams,Melissa Waters, Aris Karakalos, Matt Purcell, Taylor Waters, Stu Gardner, Brier Miron,Christina Stokholm, Jaclyn Smith, Kate Brolan, and Mike Stoner. (Not shown: RenneeDehesa.) The Barristers wish to thank Habitat for Humanity for their efforts in giving backto our community in such a meaningful way. The Habitat crew leaders were wonderful andeveryone had a great time.Theresa M. Robledo, GRIBroker-OwnerDRE #01483023805.625.4450 business805.524.1380 faxInfo@theresarobledo.comwww.theresarobledo.comP.O. Box 370Fillmore, CA 93016DiamondALLOW US TO HELP YOU FIND YOUR DIAMOND IN THE ROUGHFAMILY LAW AND PROBATE DISPUTE RESOLUTIONSResolve Litigation Issues Quickly and EfficientlyLEONARD ALEXANDERMediator/Arbitrator• Certified Family Law SpecialistCalifornia Board of Legal Specialization• Over 40 Years of Litigation Experience -AV Rated• Thirteen Years Served as Probate Referee for Ventura County• Court Appointed Expert - Family Law Disputes, BusinessValuations, Discovery Referee• Flexible SchedulingONE BOARDWALK, SUITE 200THOUSAND OAKS, CA 91360PHONE 805-497-0802 • FAX 805-494-7898E-MAIL: acmw.la@verizon.net

APRIL 2011 • CITATIONS 17NEEDCLIENTS?BECOME A MEMBER AND LET THELRIS GET CLIENTS FOR YOU!IN 2010 LRIS MADE 3,350 REFERRALSFOR INFORMATIONCALL ALEX VARELA-GUERRA(805) 650-7599OR VISIT WWW.VCBA.ORGSTATE BAR CERTIFIED #0059& ABA APPROVED SINCE 1959 195

18 CITATIONS • APRIL 2011HOW I LOST A PRO PER JURY TRIALBy William H. HairAfter reading Phil Drescher’s recent articlein Citations about one of his trials as aDeputy District Attorney, it brought backa traumatic memory of one of my trials asa young prosecutor. I was a Deputy D.A.from 1960 to 1962 at a time when therewere very few attorneys in the office (whenI was admitted to the bar in January 1960, Iwas the tenth attorney on staff, including theD.A. and there were, perhaps, 150 attorneysin the entire county). At that time theDistrict Attorney also functioned as CountyCounsel, so in addition to our prosecutionduties, we each had our civil law duties.Some time during my tenure, and, as I nowrecall, it was during my last year in the office,a file landed on my desk calling for a jurytrial. One of Oxnard’s “regular drunk tankcustomers” had entered a plea of not guiltyand demanded a jury trial on a charge ofdrunk in public (Pen. Code §647, subd.(f)). There was no Public Defender andmisdemeanor defendants were not thenentitled to appointed counsel, so if thedefendant could not hire an attorney, hedefended himself pro per. In this case, thisdefendant did not have an attorney.The defendant, according to the policereport had been arrested in the Oxnard PlazaPark, allegedly, passed out on a bench. Thedefendant’s rap sheet showed that this hadhappened on numerous other occasions. Mythoughts were that if this case went to trial,it would be a slam dunk which would addto my prosecutorial “record” of wins.As the D.A.’s staff was small, misdemeanorcases such as this were handled on the “fly” –the file hit your desk, you reviewed the policereport, called the arresting officer – and inthe case of a jury demand, you pulled up theappropriate jury instructions and headed tocourt at the appointed time.This case was in the old Oxnard MunicipalCourt at 242 W. Second St, a threestorybuilding housing the Oxnard PoliceDepartment on the first floor, the MunicipalCourt and a Superior Court departmenton the second floor and the D.A.’s branchoffice on the third floor. The building haslong since, thankfully, left the downtownOxnard skyline.I remember getting the file the afternoonbefore the scheduled trial date. I interviewedthe arresting officer by phone – the defendantwas one of the officer’s regular customers,having been arrested for the same offense onat least seven prior occasions in approximatelythe same location and position. The officer“recalled” the defendant “having the odorof alcoholic beverages about his body,having slurred speech when awakened andwas unsteady on his feet when standing.”It was the arresting officer’s professionalopinion “that the defendant was underthe influence of intoxicating beverages ina public place, unable to care for himself.”It was the usual “script” that I had heard alot of times from arresting officers. At thetime, I could not believe that this case wouldactually be tried – and certainly not to a jury.But, just in case, I had my secretary pull thepertinent jury instructions and appeared inthe Municipal Court at the appointed time.I don’t remember who was on the bench (wehad a lot of visiting judges from the variousjustice courts around the county), but thecase was called and the defendant was there,dressed in his Sunday best, sober and brighteyed. He announced that he was ready toproceed and, yes indeed, he wanted a jurytrial – much to the apparent displeasure ofthe judge.A jury venire was called and shortly, a panelof 12 honest citizens was empanelled andsworn in. The defendant had no questionsfor the prospective jurors, and I kept myvoir dire short – basically will you followthe law as instructed and base your verdicton the evidence that is presented in court?My strategy was to follow the KISS principle(keep it simple stupid).I made a short opening statement, stayingaway from the defendant’s prior arrests, andoutlining what the arresting officer wouldtestify to. The defendant waived an opening,and I called my officer who testified to thefacts as I expected. The defendant thenasked several questions on cross examination.Whether a sobriety or chemical test hadbeen administered – they had not – thedefendant himself pointing out that thissame policeman had arrested him on anumber of previous occasions for the offensethat was charged here – and that on each ofthose times, he, in fact, had been drunk –to which the officer readily agreed. At thatpoint, smelling blood in the water, I restedmy case and sat back and waited for justiceto be imposed for this colossal waste of thecourt’s time, and of course, my very valuabletime as well!The defendant then asked to be sworn and

APRIL 2011 • CITATIONS 19took the witness chair. He testified in anarrative that, yes, he was a “town drunk”and had been arrested numerous times forbeing drunk in public – and on each previoustime – when he was arraigned he entered aguilty plea and served the sentence that wasimposed. But on this occasion, he had notbeen drunk – or in fact drinking – and wasmerely taking a nap on the park bench whenhe was roused, arrested and taken to theOxnard jail without so much as a questionbeing asked by the officer about his sobriety.There was very little I could do on cross, soafter a few perfunctory questions I sat down.(I knew in my heart that I had just beenbeaten by a master – a lesson I have neverforgotten – you can never underestimateyour opponent.)Final arguments were brief, I pointed outmy policeman’s experience and expertise inmatters of this kind. The defendant merelyreiterated his testimony and said that if infact he had been drunk, he would havepleaded guilty and taken his lumps.The jury was instructed and repaired todeliberate – and – as I recall, they were backin record time with a verdict of not guilty.Needless to say, my performance earned me alot of ribbing from my fellow deputies, whoknew in their hearts that the result wouldhave been the same for any of them whenfaced with such a masterful defense.Bill Hair is OfCounsel to Nordman,Cormany, Hair &Compton in Oxnard.11TH HOUR MEDIATIONDAVID M. KAREN, ESQ.MEDIATOR & ARBITRATORDK@11thHourMediation.com(805) 988-4728•••••It’s never too late to mediate.P. MARK KIRWIN, ESQ.MEDIATOR & ARBITRATORPMK@11thHourMediation.com(805) 320-5583Offices in Ventura, Oxnard, Encino and Los Angeles.11THHOURMEDIATION.COMBANKRUPTCYATTORNEYOutstanding bankruptcy litigator & strategistwith 30+ years experience helps law firmsand their clients with all aspects of bankruptcy.Aggressive & Creative Bankruptcy AdvocacyAll Aspects of Business & Personal Bankruptcies/Reorganizations (Chapters 7, 11 & 13)Debtor & Creditor RepresentationBankruptcy Avoidance & Pre-Bankruptcy StrategiesProtections from Foreclosures, Judgments, Settlements,Lawsuits, Liens, Debts, CollectionsProtections Against Debtors Likely to File for Bankruptcy•UCLA Law ✦ Phi Beta Kappa ✦ Magna Cum Laude✦ Free Initial Consult ✦Exceptional Qualityat Low PricesTip the scales ofbankruptcy justicein your clients’ favor.Law Offices of Philip D. DapeerA Law CorporationOffices in Westlake Village & Beverly Hills805.557.7001 323.954.9144BankruptcyFocus@aol.com

20 CITATIONS • APRIL 2011NEEDCLIENTS?Become a member and letthe LRIS get clients for you!LRIS Needs MoreAttorneys In TheFollowing Areas:Civil RightsEducation LawGovernment BenefitsIntellectual Propertyirwin r. “rob” miller esq.mediation • arbitrationirwin r. “rob” miller esq.mediation • arbitrationWant to settle that case?A trial lawyer for over 35 years, I havesuccessfully tried and settledmillion and multi-million dollar cases.My experience and training willhelp settle your cases.• J.D. Univ. of Cincinnati-Law Review Editor• ”AV” Rated Martindale-Hubbell• Pepperdine Univ. School of Law-Straus Institute• Arbitration Panel Ventura County• Ventura Center for Dispute Settlement• Member of VCBA, LACBA• Past President Hollywood Bar Association• Million and Multi-Million Dollar Advocates Forum(805) 485-2700 Fax (805) 485-2751Email: irmmediation@aol.com • Web: IRMlaw.net300 Esplanade Drive, Suite 1760 • Oxnard, CA 93036Taxation LawTenant RightsMalpracticewww.californianeutrals.orgwww.californianeutrals.org*East CountyAttorneys in all areas*Spanish speakingin all areasLRISLAWYER REFERRAL& INFORMATION SERVICEFor more informationcall Alex Varela(805) 650-7599www.vcba.orgMr. Carrington is “very knowledgeable. Insurance companiesrespect his opinion. Extensive trial experience (ABOT), excellentmediator, fair, objective arbitrator. Extraordinarily www.californianeutrals.orgcapable andforthcoming with efforts and involvement. He is very thoroughMr. and Carrington fair.” Quote is “very from knowledgeable. 2006 Consumer Insurance Lawyers Evaluations companiesrespect his opinion. Extensive trial experience (ABOT), excellentmediator, fair, objective arbitrator. Extraordinarily capable andforthcoming with efforts and involvement. He is very thoroughand fair.” Quote from 2006 Consumer Lawyers EvaluationsMr. Carrington is “very knowledgeable. Insurance companiesrespect his opinion. Extensive trial experience (ABOT), excellentmediator, fair, objective arbitrator. Extraordinarily capable and

APRIL 2011 • CITATIONS 21Trial GraphicsOver 20 years of multimedia service to theVentura legal community. Call us for video &still photography, video depositions, diagrams,timelines, charts, maps and image editing.www.nimmer.net/legal graphicsPhone 805-566-0163Email nlg@nimmer.netNimmerLegalGraphicsTrusted Experience. Real Results.Tri-County SentryNewspaperLEGAL/PUBLIC NOTICESWe can publish your Trustee’s Sales,Probate Notices and Change of Names.Court Order No.125431Rates:Trustee’s Sales...$225 approxPetition to Admin $180Change of Name...$110Legal Notices...$9.50For the bestservice call983-0015We file your Affidavit of Publication with the courtKatherine J. Edwards, Esq.Louise A. LaMothe, Esq.To find out more about PMA or view our neutrals’ profiles, contact us at:www.pma-adr.com or 877.678.1010Irvine • Los Angeles • San Francisco • San Diego • Inland Empire • Century City • Sacramento • Las Vegas© 2011 PMA is a Sarnoff Company.SOUTHERN CALIFORNIA’SPREEMINENT PROFESSIONALLIABILITY AND BUSINESSLITIGATION FIRM&NEMECEK COLEAttorneys At Law15260 VENTURA BOULEVARD, SUITE 920SHERMAN OAKS, CA 91403TEL: 818.788.9500 / FAX: 818.501.0328FRANK W. NEMECEK JONATHAN B. COLE* MICHAEL MCCARTHYWWW.NEMECEK-COLE.COM* Certified Specialist in Legal Malpractice Law from The State Bar of California Board of Legal Specialization

22 CITATIONS • APRIL 2011Hoefflin & Associates,A Law CorporationPersonalized representationto attain client goalsHoefflin & Associates delivers results by putting clientinterests first and using a team-based approach to creatively,intelligently, and effectively resolve legal matters.Emphasis on• Real Estate• Business and Corporate• Partnerships/ LLC’s• Trust/Estate Disputes• Executive Employment2659 Townsgate Road, Suite 232Westlake Village, CA 91361(805) 497-8605www.hoefflinlaw.comRefer with confidence(Standing, left to right)• Jason M. Burrows, Esq.• Richard M. Hoefflin, Esq.• Steven A. Meadville, Esq., Of Counsel

APRIL 2011 • CITATIONS 23Individual CorporatePartnership Estate & FiduciaryOffer in Compromise(805) 641-1040meulau@sbcglobal.netEulau Accountancy CorporationMichael C. Eulau, CPAMBA, Finance, University of ChicagoMSc Economics, London School of EconomicsOver 18 Years Experience200 E. Santa Clara Street, Suite 200, Ventura, CA 93001

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CLASSIFIEDSAPRIL 2011 • CITATIONS 25Employment OpportunitiesCity Attorney - Located in the heart ofSilicon Valley, the City of Santa Clara(population 118,830) seeks a new cityattorney. The new city attorney will be aprofessional and collaborative leader whowill further the city’s vision of providingsuperb affordable services to a communitythat both values its rich history and lookstoward an exciting future.Santa Clara has 1,011 full-time employeesand a total budget of $546.7 million. Thecity attorney will oversee a departmentof four attorneys and two assistants inproviding legal guidance and counsel inall matters relating to the full range of cityservices provided by Santa Clara. Thisposition requires the incumbent to havebeen engaged in the active practice of thelaw for at least four years immediately priorto appointment. At least four additionalyears dealing with municipal, countyor state level governmental agencieswithin California is desirable. Supervisoryexperience is highly desirable.To apply, submit letter of interest, resume,salary history and five work-related references(email preferred) to Bill Avery at (408) 399-4424 or Ann Slate (805)459-5132. Thisrecruitment is open until filled. The salaryfor this position is open and negotiableDOQ. A formal job announcementis available on our website at http://www.averyassoc.net/jobs.Office Space AvailableCentrally located Westlake VillageOffice space for satellite/startup solepractitioner. $500/month including internetand utility. Email:lj.law@verizon.net.Completely Restored Victorian HomeBuilt in 1897 and designated as CityHistorical Landmark No. 33. 119 FigueroaStreet, Ventura, between the mission and theVentura Fairgrounds. Walk to the beach andhistoric old town Ventura. Many antiquesused in restoration. Rent a piece of history.Zoned commercial or office. Rent all or justpart. Room sizes vary and rents per space startat $450 per month. Call (805)340-1204.Westlake Village - Window offices (large &small), with sec. area and office equipment;in small suite, location near Hyatt andBrent’s; terms flexible and competitive. CallLouis (805) 230-0088.Two Professional Offices Available - VillagePark Properties complex on TownsgateRoad in Westlake Village. Each office is$600.00 per month. Offices are 12'x15',come furnished and have access to a largeconference room upstairs, kitchen facilitiesand law library. Separate telephone line, highspeed internet, copy room and receptionistservices available. Please contact our officeat gmd@dllaywers.comThree Beautiful Office Spaces - Officeavailable for rent, in a shared suite, inthe Topa Tower overlooking Oxnard.Receptionist included. Please call Jessica formore information (805) 988-0285 ext. 106.Services AvailableFamily Law/Probate - 44 years experience.Certified family law specialist and formercertified public accountant. Specializing infamily law, general business, estate planningand probate. Available for consultation,association and or assistance on complexissues. Reasonable rates. The Law Officeof Art Wilkof. (805)496-4676.OtherBooks for sale - The Lawyer’s Guide toMicrosoft, Outlook 2007 by Ben M. Schorr,like new, $15; The Lawyer’s Guide toMicrosoft, Word 2007 by Ben M. Schorr, likenew, $15; Federal Court of Appeals Manual,Local Rules, West, 2009, used, $20; RealEstate Investment Trusts Handbook, (SecuritiesLaw Handbook Series), 2009-2010 ed, PeterM. Fass, Michael E. Shaff, Donald B. Zief,used $195; and Legal Malpractice: the LawOffice Guide to Purchasing Legal MalpracticeInsurance, 2009 Ed, $10. Please contactDarlene Mosser at dkm.hawaii.bound@sbcglobal.net.Downtown Ventura Landmark - Officespace available immediately in the EwingHouse, a beautiful Victorian building indowntown Ventura. Exquisite building withexceptional views and great location. Severaldifferent office sizes available, furnished orunfurnished, most at $2 per square foot,including water, electricity & trash. internet,telephone, fax, copy machine, conferencerooms & reception service available byseparate arrangement. Open your officein this building and impress your clientsimmediately. Contact John Wilner formore information. 805-340-5431 or John@Wilner.biz.

26 CITATIONS • APRIL 2011Exec’s Dot…Dot…Dot…By Steve Henderson, Executive Director, M.A., CAEAppointed to the Municipal Court in 1995by Pete Wilson and elevated to the SuperiorCourt again by Mr. Wilson in 1997, theHonorable David Long is retiring on May16th to focus on golf, travel and collectingeven more jokes… One of my favorite lawyers,Ed Buckle, is also retiring soon after 40 yearsin practice. He is trying with all his might todonate his library to anyone interested afterbeing turned away by a number of institutions.It just doesn’t feel right to trash 385 volumes,so anyone interested can just pick them upat etb93001@yahoo.com or 653.2505…Aprosecutor for a central California county hasresigned after his superiors discovered he hadbeen working despite a nearly-year-old warrantfor his arrest. The Merced Sun-Star reportsthat a bench warrant for the arrest of MercedCounty Deputy District Attorney MatthewShelton was issued last April for failing toappear in court for speeding and driving on asuspended license. Yet Mr. Shelton continuedworking, handling misdemeanors and felonycases, including a homicide. The newspapersays the 43-year-old may have broken lawsprosecuting cases while suspended by the StateBar in 2008. He had been with the office since2007…Looking for Matt LaVere? Now atGoldenring & Prosser at 642.6702...Carribbean Cruise on Azamara? Don Hurley atdonald_hurley2008@yahoo.com...CarribeanCruise on Celebrity? Rick Rabbin at rsr0109@sbcglobal.net...Lech, Austria? Tony Strauss atars@strausslawgroup.com or 641.9992. Tonyhas penned a trip story and an excerpt from hisadventure appears in this month’s edition ofCITATIONS while the full story appears onlineat vcba.org…Martin Marootian died Feb. 25at the age of 95. He was a retired pharmacistwho stood up for Armenian genocide victims asthe lead plaintiff in a lawsuit that resulted in a$20-million settlement from the New York LifeInsurance Company for failing to honor claimson policies sold to thousands of Armenians slainduring the last years of the Ottoman Empire. In1999 Marootian joined a legal battle to forceNew York Life to honor policies purchased bymore than 2,000 Armenians, most of whomperished in what historians have describedas the first genocide of the 20 th century…Compelling local and international storyinvolving lawyer Jim McDermott and his legalmatter in an article by Ken Silverstein insideForeign Policy Magazine at foreignpolicy.com/articles.2011/02/22/teodorins_world?page=0,0.He calls himself a Prince from the country ofEquatorial Guinea and his name is TeodoroNguema Obiang Mangue…License Plate of the Month: Ron Harringtonspotted this plate on a Mercedes – MEDI84U,navigated by Jack Draper…A uniqueanniversary occurred Feb. 22. It had been fiveyears to the day since Justice Clarence Thomaslast spoke at oral argument. “One thing I’vedemonstrated often in 16 years is you can dothis job without asking a single question,” herecalled in a speech three years ago…Backin 2002, Linda Lowney drafted a will forher client, Thor Tollefson, that provided forhis estate to go to his sister and two niecesin Norway. But by 2005 the 54-year-oldCalifornia attorney had become involved withTollefson, 85. He gave her $339,000, with hisnieces’ consent, and the two got married in2006, using a confidential license, reports theSF Chronicle. Later that year, Tollefson askedfor a divorce, as the couple continued to liveseparately, and in 2007 he moved into a nursinghome and died. Now a State Bar judge is callingthe marriage a sham and has ordered Lowneysuspended from practice…Susan SimmonsSeemiller is now working as a senior attorneyfor the Court of Appeal, Division 6. She maybe reached susan.seemiller@jud.ca.gov...Quote of the Week from George Galbraith:You can see it also in Daley v. County of Butte(1964) 227 Cal.App.2d 380,392 – “Clientsshould not be forced to act as hawk likeinquisitors of their own counsel, suspicious ofevery step and quick to switch lawyers. Thelegal profession knows no worse headachethan the client who mistrusts his attorney.The lay litigant enters a temple of mysterieswhose ceremonies are dark, complex andunfathomable. Pretrial procedures are thecabalistic rituals of the lawyers and judges whoserve as priest and high priests. The laymanknows nothing of their tactical significance.He knows only that his case remains in limbowhile the priests and high priests chant theirlengthy and arcane pretrial rites. He doesknow this much: That several years frequentlyelapse between the commencement and trialof lawsuits. Since the law imposes this stateof puzzled patience on the litigant, it shouldpermit him to sit back in peace and confidencewithout suspicious inquiries and withoutincessant checking on counsel.”…A KansasCity Royals fan has lost his lawsuit that claimshe suffered a detached retina when he was hitby a flying, foil-wrapped hot dog tossed by theteam’s lion mascot, Sluggerrr. Jurors deliberatedfor slightly more than an hour before findingthe team not liable for injuries suffered inSeptember 2009 by John Coomer, who hadthree surgeries to repair his eye. Coomer was along-time fan who had attended 175 games. Alawyer for the team had argued Coomer shouldhave taken more responsibility for his ownsafety. The Chicago Tribune called the tossedhotdog a “wayward weener” and a “fatefulfrank,” while the Kansas City Star called it a“flung frank.”...Barrister board member andsecretary, Matt Purcell, is organizing a legalclinic at the Ventura Salvation Army. You wantto assist once a month? He may be reached atmattmpurcell@hotmail.com...John Negley and the Barristers are hostinga CLE event April 4. Chris Hamilton willdiscuss the broader range of financial reporting.Call Celene at 650.7599 to register or simplyemail her at bar@vcba.org...Lawyers accusedof stealing more than $25,000 from theirclients would have a consumer alert placedprominently at the top of their State Bar profilepage under a proposal being circulated forpublic comment. The State Bar has identified160 cases involving 60 lawyers of allegedmisappropriation of more than $25,000.Total alleged misappropriations amount to$11.5 million…It’s official. Katie Pietrolungowill assume her new role as Vice Chair of theCalifornia Young Lawyers Association effective9.26…Steve Henderson has been the executive directorand chief executive officer of the bar associationand its their affiliated organizations sinceNovember 2011. Henderson will be vacationingthe first 10 days of April in Death Valley atthe Furness Creek Inn. He will be celebratingAdministrative Professionals Day April 27 byhosting a party at the Watermark in Ventura.Henderson may be reached at steve@vcba.org, FB, Twitter at stevehendo1, LinkedIn, orpreferably 650.7599.

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