Real Property Section MCLE Program – “New Real Estate Laws”

The Real Property Section

Presents

“New Real Estate Laws, Department of Real Estate Regulations and
 CaliforniaAssociation of Realtors Forms – a Legal Update with Gov Hutchinson”

Date:  February 21, 2012 – 12:00-1:30 p.m. (Lunch will be provided)
Location: Courtyard by Marriott Hotel,600 E. Esplanade Drive,Oxnard,CA

 Featuring:

Gov Hutchinson, Assistant General Counsel And Staff Vice President of the CaliforniaAssociation of Realtors 

Last year was a busy year for those writing California real estate laws, Department of Real Estate Regulations and C.A.R. forms.  Gov will present an overview and update on all of these matters which affect the California real estate practitioner.  Gov Hutchinson has been with C.A.R. since 1985 and manages C.A.R.’s Member Legal Services Program in Los Angeles.  Gov advises REALTORS® through the “Hotline” on all aspects of real estate law and trains and supervises other “Hotline” attorneys.  Gov has written for CALIFORNIA REAL ESTATE magazine, co-authored C.A.R.’s continuing education courses and is a master instructor for the Education Division of C.A.R. with certification from the Department of Real Estate.

To register email bar@vcba.org or call (805) 650-7599

 

CLASSIFIEDS

OFFICE SPACE

Completely restored Victorian home – Old Town Ventura between theMission and the beach, many antiques used in restoration. Rent a piece of history. Built in 1897.VenturaCity Landmark #73. 107 Figueroa St. Several offices available. Rents start at $550/mo. Landlord pays utilities and janitorial, and provides furnished common reception area. Call Don Parrish (805) 340-1204.

Tower office spaces available – Free Rent! Rare opening insuite 1180 in the “Tower,”VenturaCounty’s premier office address. “King’s Corner” office with great views as well as individual window offices available in multi-conference room, established full attorneySuite 1180. Full amenities available, including potential for overflow or start-up assistance. Great turnkey location for solo, small firm and mediators.  Short- or long-terms. Best offers accepted! Call (805) 988-4848.

Office space available – Beautiful, historic turn-of-the-century law office building atHeritage Square in Downtown Oxnard. Rents range from $400 to $600 per month, depending on office size. Private parking available. If interested, please call (805) 487-2000.

POSITION WANTED

N.Y. attorney with three years of litigation experience - 
seeks employment. Will take CA bar in February 2012. Open to working in most areas of law. Salary negotiable.

HELP WANTED

Experienced Legal Assistant/Legal Secretary/ Paralegal Needed - Plaintiff law firm seeks experienced, qualified individual for preparing and responding to discovery, calendaring, medical record summarization, client contacts, making travel arrangements scheduling depositions and trial preparation. Excellent working environment, health insurance and profi t sharing. Pay commensurate with experience. Email resume to lojhoward@msn.com

We Read So You Don’t Have To: TEETH, NOT LIP SERVICE

From a recent decision of the Court of Appeal, Fourth District, Division Three (Santa Ana):

“Sanctions are serious business. They deserve more thought than the choice of a salad dressing. ‘I‘ll have the sanctions, please. No, on second thought, bring me the balsamic; I‘m trying to lose a few pounds.’ A request for sanctions can never be so lightly considered as to be copied word for word from another brief – much less copied in reliance on facts from another case that do not obtain in the present one. A request for sanctions should be reserved for serious violations of the standard of practice, not used as a bullying tactic. 

“Our profession is rife with cynicism, awash in incivility. Lawyers and judges of our generation spend a great deal of time lamenting the loss of a golden age when lawyers treated each other with respect and courtesy. It’s time to stop talking about the problem and act on it. For decades, our profession has given lip service to civility. All we have gotten from it is tired lips. We have reluctantly concluded lips cannot do the job; teeth are required. In this case, those teeth will take the form of sanctions.

WOMEN LAWYERS OF VENTURA COUNTY Presents: A Reception with the Appellate Justices of Division Six

For over a decade, bar associations in Santa Barbaraand San Luis Obispocounties have raciously hosted an annual reception for the Appellate Justices of the Second Appellate District, Division 6. Upon hearing that there was no similar fete in Ventura, Jill Friedman, President of Women Lawyers of VenturaCounty, offered to host an event in VenturaCounty, where the appellate courthouse is located. “It is funny how the obvious…isn’t,” wrote Justice Steven Z. Perren in accepting the invitation. “Our physical location does not reflect that we have any greater contact with the bar here than in SLO or SB.” Please join WLVC in making the “local” justices feel at home.  The event will be held Wednesday, February 22 at The Tower Club, 300 East Esplanade Drive, 21st Floor from 5:30 P.M. – 7:30 P.M. Cost of admission is $35 for WLVC members and $45 for non-members and includes delicious light fare and refreshments.  Newly-retired Justice Paul Coffee will receive special recognition for his years of dedicated service to the bench. All proceeds will benefit the Mary Sullivan Scholarship Fund. RSVP by February 20 by sending check made payable to “WLVC” to Tawnee Pena,P.O. Box 7209,Ventura,CA93006.

Retiring Court of Appeal Justice Paul Coffee sets retirement sails

By Wendy Cole Lascher

“No matter where I was, I tried to remember what it was like being a trial lawyer. I wanted our court to be a hospitable place.” 

Retiring Court of Appeal Justice Paul Coffee obviously achieved that goal. The first words from every staff member, lawyer and judge I interview about Coffee on the eve of his retirement focus on how nice, how human he is.

Kathy Pendergest, Coffee’s judicial assistant throughout his Court of Appeal career, describes him as a “very kind man, very dedicated. He has a great deal of integrity. His door was always open to everyone and he is a great listener, an all-around really good guy.” Research attorney Audrey Austin, who started working at the Court of Appeal at the same time as Pendergest and Coffee, says Coffee is an “amazing attorney with an amazing sense of humor…He’s a naturally talented writer” with “amazing compassion for human struggles and failings” and an ability to look at a case “beyond the words on paper.” And Division Six Clerk Paul McGill notes how Coffee always treats the court’s staff with respect, is always thoughtful and considerate of their workload and how he could help the staff.

 A native of MaderaCounty, Coffee joined the Navy in 1954, after graduating from U.C. Berkeley. He spent six years as a naval aviator and then returned to Berkeleyto attend Boalt Hall School of Law.

Coffee learned what it was like to be a trial lawyer during 12 years of insurance defense practice in San Jose, followed by another 17 years in San Luis Obispo.  He was elected to the American Board of Trial Advocates in 1982 and became president of the tri-counties chapter in 1989. Coffee also served as president of the Association of Defense Counsel of Northern Californiain 1989.

Fellow Justice Steven Perren first met Coffee in 1978 when Perren handled plaintiffs’ personal injury cases and Coffee was the managing partner for Hoge, Fenton, Jones and Appeal in San Luis Obispo. Perren says Coffee “was a wonderful opponent: fair, tough and courteous. He gave nothing away but respected what you did and expected the same in return. He set a standard for civility amongst the litigation bar that should be the model for all trial lawyers.”

Appointed to theSuperiorCourtofSan Luis ObispoCounty in 1992, Coffee rotated through a variety of assignments. That diverse experience served him well when Governor Deukmejian elevated Coffee to the Court of Appeal in 1997.  His colleague Justice Kenneth Yegan noted that Coffee “came to us with the practical wisdom that one can obtain only from long service in the trenches of the trial court. [The late] Presiding Justice [Lester] Roth would call this, ‘toiling in the vineyard of the law.’ We were indeed fortunate to have had a colleague who had toiled so long and so well.” Coffee

says that in handling appeals he always “remembers what it was like being a trial judge.” Among other things, this has led him to remind his fellow justices “to give precise instructions in [our] opinions about what should happen in the trial court.”

When Coffee left the Navy and the thrill of carrier landings, he took up car racing. He also became an avid pleasure sailor.  After joining Division Six and moving to Ventura, Coffee took up residence aboard his sailboat in the Ventura Harbor. He only recently moved ashore, to a “land yacht.”

Continue reading – February CITATIONS – page 7

Wendy Cole Lascher- is a State Bar certified specialist in appellate law with the firm Ferguson Case Orr Paterson LLC inVentura.

Exec’s Dot…Dot…Dot…

Katie Pietrolungo has been elected and installed as president of the California Young Lawyers Association of the State Bar of California. Past president of Ventura County Barristers (2008), she may be congratulated at kpietrolungo@andersonkill. com or better yet, 288.1300…As of Jan. 3, those trying to use theGroverBeach(SLOCounty) courthouse will be sent north. Citing unprecedented reductions in judicial funding, the courthouse at 214 S. 16th Streetin GroverBeachwill move its hearings to the San Luis Obispocourthouse at 1035 Palm Street. Court leaders said in a statement they hope the “suspension of operations is temporary and promise to aggressively seek restoration of the recent funding cuts to ensure continuing access to justice for everyone.”…Jamaica? Erik Feingold at efeingold@mwgjs.com or 644.7188…

Don Greenberg, VLSP, Inc. Emeritus Attorney extraordinaire, was elected to a two-year term on the board of directors of the Retired Employees Association of Ventura County (REAVC)…A longserving and well respected Orange County Superior Court judge was ordered removed from the bench Jan. 11 for fixing tickets of family and friends. The Commission on Judicial Performance found that Richard W. Stanford Jr. intervened on nine separate occasions between 2005 and 2010 to allow acquaintances to pay greatly reduced traffic fines without having to appear in court. The San Francisco-based commission, which disciplines state judges for ethical lapses, said Stanford’s removal is necessary to “restore public confidence in the integrity and impartiality of the judiciary.” Stanford ordered his son-in-law’s $500 ticket for running a red light in 2010 be reduced to $40. A clerk uncomfortable with Stanford’s handling of the case started the rumble… James Perero of Wasserman, Comden, et al. received the Oxnard Chamber of  Commerce Chairman’s Award of Excellence on Jan. 28…

 The incredible run by one Dorothy Prairie, law office administrator at Hathaway, Perrett, Webster, Powers, Chrisman & Gutierrez in Ventura, came to an end Dec. 31, 2011, when Prairie retired from the firm. That sounds pretty routine until you peel back the layers of this modest onion. She retired after 45 years! Hired as the office manager in 1966 by Julian Hathaway, Bob Soares, and Mike Perrett; Prairie was a fixture in the legal community teaching classes and being president of the Legal Secretaries Association. At 86, she still hikes with the Sierra Club, and her husband, Ken (84), is still working…The blog that chronicles U.S. Supreme Court action is noticing a recent surge in solo dissents. The U.S. Supreme Court issued four opinions on Jan. 10, all of them decided by an 8-1 vote. Justice Antonin Scalia dissented in one opinion, Justice Clarence Thomas dissented in another, and Justice Ruth Bader Ginsburg dissented in two cases. SCOTUSblog noted the solo dissents and said they are relatively rare. “Justice Stevens used to say that it was sometimes important to have a dissent to keep the majority honest,” the blog says. “I wonder if maybe Justice Ginsberg might be taking that role up a bit, now that Justice Stevens has retired.” On Jan. 11, the Supreme Court issued another 8-1 ruling, and this time, Justice Sonia Sotomayor was the only dissenter. Two other decisions issued 1.11.12 were unanimous… Mike Case celebrated his 40th year of practicing law on Jan. 5 and ten years to the day his son, Rob, has been a lawyer too.

 The Mexican American Bar Association have elected their new officers for 2012. President, Rennee Dehesa; Lou Kreuzer, Vice President; Andres Garcia, Treasurer; and Claudia Calderon, Secretary. MABA continues to meet the first Friday of each to meet the first Friday of each month at a variety of locations. Contact Rennee to get into the loop at rdehesa@nchc.com…A survey of 45 large law firms showed the number of lawyers they employed in 2011 didn’t change, but that doesn’t mean the firms weren’t hiring. The survey concluded the number of lawyers at the firms was static last year, but lateral hiring has been robust… Steven Lee ran a 3:03 at the California International Marathon in Sacramento on Dec. 4, a personal record for Steven. He plans on giving a sub-3 shot at either the Ojai 2 Ocean Marathon in June, or the Chicago Marathon in October… Harlem, Montana? Ed Elrod at edward. elrod.law@gmail.com…Southern Spain?  Jon Light at jlight@lightgablerlaw.com. The Law Day 5K Committee started meeting in  January in preparation for the 29th annual running. Mark your calendars for May 19 at the County Government Center…

Kendall VanConas became a name partner at A to Z on January 1st…The Jerome H. Berenson Inn of Court is in full swing and has been so since the first meeting back in October. If you’d like to check out the action and be a guest at either the February-March- April-May meetings, contact President David Lehr at david@davislehrlaw.com or 477.0070…Women Lawyers of Ventura County elected new officers 1.13.12. Jill Friedman will remain as president; Charmaine Buehner, president-elect; Rebeca Mendoza, vice-president; Robert Guerra, secretary; Katie Hause, treasurer; and Jodi Prior, past-president. They continue to meet the second Friday of each month beginning at noontime inside the bar offices…Stuart Nielson has joined the board of directors of the Boys & Girls Club of Greater Oxnard and Port Hueneme…

President’s Message: Ventura County Barristers – A Glimpse into the Past and Looking to the Future

Apart from the first message, which is traditionally supposed to be about the president, I want to focus the rest of the year on the diverse faces and things that make VCBA a great organization. With that in mind, each month I will be showcasing one or more of VCBA’s 35 sections, committees or affiliates.

One of the most active sections with a long distinguished history is the Ventura County Barristers. What better way to start than by looking at the Barristers President’s Award plaques hanging in the hallway of the VCBA office. There you will find the names of all the past presidents of Barristers beginning with Joe Strohman (1986) and ending with Christina Stokholm (2011). Also included among that list are Gregn Totten (1987) and Paul Tyler, who has the distinction of serving two terms (1997 and 1998). While I assumed that Joe was the first president, upon further investigation, I learned that Barristers was founded in 1982 by Richard Loy. However, Rick is quick to give credit to Judge Fred Bysshe, who was VCBA president that year and was a strong proponent of establishing a “young” attorneys group. Judge Bysshe has been an unstinting supporter ever since.

 Barristers, which started as a modest group of 10-15 members, has now grown to over 100+ members. To be a Barrister, you have to be either less than 36 years old, or in practice for seven years or less. The Barristers Board currently consists of over 15 board members.  The original focus was on having brown bag lunch meetings at the courthouse by inviting judges and attorneys to speak about different areas of law, practice tips and providing continuing education. One of Barristers’ signature events has to be Judges’ Pizza Night, which gives members the exclusive opportunity to meet all of the local justices, judges and commissioners in an informal setting. The event has become so popular over the years that during the administration of Meghan Clark (2001), the location of the event had to be kept a secret (attendees had to call the VCBA office) so as to prevent LA attorneys and other non-Barristers from crashing. Under the leadership of Jesse Cahill (2007), the focus then shifted to more fun and social events with the first  Bowling Night. Katie Pietrolungo (2008) continued the momentum of more sportsrelated and competitive events with the first Barristers’ Cup Three-on-Three Basketball Tournament. This inaugural tournament was recognized with an Award for Achievement from the ABA Young Lawyers Division.  Another fun event that soon followed was the annual darts tournament.

Barristers then eventually combined the fun, social and competitive activities with supporting local charitable causes such as Food Share, YMCA, Make-A-Wish Foundation, and Habitat for Humanity.  Last year, through the efforts of current Vice President Matt Purcell, the Self-Help Nights were started at the Salvation Army’sTransitionalLivingCenter inVentura, where Barristers assist indigent residents who need access to our courts in such areas as family law, criminal law, and housing. Barristers hope to build on this idea and expand outreach to other community organizations. This year, VCBA’s pro bono program, Volunteer Lawyer Services Program (VLSP), will be a fortunate beneficiary of Barristers’ fundraising efforts.

Those who think that Barristers is no longer about training and professional development of new attorneys, should remember that Barristers still presents its Bridging the Gap conference every other year, featuring distinguished panelists and provides up to 6 MCLE credits (free for new admittees).  Another Barristers’ activity that has made a big comeback in the past year (thanks to current Treasurer Rennee Dehesa) is the Mentorship Program. This program is an invaluable way for newer attorneys to receive career advice and guidance from more seasoned attorneys.

It’s worth noting that Meghan pioneered the development of an e-mail distribution list of members, while during my year (2002), I infamously became dubbed the “king of spam” for my prolific use of e-mails to notify members. However, Joel Villaseñor (2005) was known for the most creative and eloquently written e-mail blasts. With the advent of social media, Mike Strauss (2009) was the first to create Barristers’ Facebook page.

What is clear from all of my interviews of past and current members is that all felt that getting involved with Barristers offers them the chance to “meet people you would not otherwise get to,” get to know colleagues outside of the office and develop lasting friendships, and give back to the community, which they find the most rewarding. Given the current challenges facing new attorneys entering one of the most difficult job markets, compounded by the fact that most Barristers are still paying back significant loans from law school, fostering such networking opportunities may prove more beneficial than ever in terms of assisting with the job search.

2012 president Bob Krimmer’s goal is to keep the energy going by maintaining the current initiatives, while being sensitive to the time constraints of newer attorneys and the legal community as a whole during these tough economic times. Initially, Bob had reservations about taking on this position because he was older than everyone else (having had a previous career in the entertainment industry), but soon felt very welcomed. He believes Barristers is not so much a function of age, but common shared experiences as a new attorney starting out in the profession. I wholeheartedly share Bob’s vision of enhancing the communication, coordination and collaboration with VCBA because when all is said and done we are all part of one bar.

29th Annual Law Day 5K

VenturaCountyGovermentCenter
Saturday, May 19, 2012 @ 8:30 AM

  
Date
Start: Saturday, May 19, 2012 @ 8:30 AM

Address
VenturaCountyGovermentCenter
800South Victoria AvenueVentura,CA

 
 Registration Today!

 

Ventura County Barristers present Bridging the Gap ‘12®

Saturday, January 21, 2012
8:00 a.m. to 3:00 p.m.

VenturaCountyAdministrationBuildingLowerPlaza
Below Board of Supervisors Hearing Room
800 S. Victoria Ave,Ventura,CA

6 MCLE Credits!
Substance Abuse: 1 Elimination of Bias: 1
Ethics: 1 General: 3

If you have not already registered, there is still time!
Call (805) 650-7599 – email bar@vcba.org

FREE to new attorneys admitted after January 2009.  Other Barristers who have been in practice two to seven years $50.  Attorneys in practice for more than seven years $75.  

There will be no hard copies of the participant materials available at the event.  Please download the materials yourself and bring them with you.  To save trees, we encourage you to use a PC/tablet or similar device to view the materials at the event.

 Angenda
 8:00 to 8:25 a.m. REGISTRATION/BREAKFAST
                                          Robert S. Krimmer, President  
8:30 to 9:20 a.m. JUDICIAL PERSPECTIVE
                                         Hon. Vincent J. O’Neill
                                         Hon. Kevin G. DeNoce
                                         Hon. John R. Smiley
                                         Moderator: Joseph L. Strohman, Esq.
9:20 to 10:10 a.m. BASTON/WHEELER (Ethics)
                                          Michael C. McMahon, Esq.      
10:20 to 11:10 a.m. LAW PRACTICE MANAGEMENT
                                         Michael D. Sudman, Esq.
11:10 to Noon GOVERNMENT CLAIMS
                                         Alberto Boada, Esq.
Noon to 12:30 p.m. LUNCH
                                        In Appreciation Merrill Corporation, Tasha Holcomb
12:30 to 1:20 p.m. ETHICS
                                        Joel Mark, Esq.
1:20 to 2:10 p.m. SUBSTANCE ABUSE
                                        William Shilley

1MCLE Program – “LPS vs. Probate Conservatorships”

Join Diana M. Mueller and Mitchell B. Davis of the Ventura County Counsel’s Office to discuss the cross-overs and distinctions between LPS and Probate Conservatorships Diana M. Mueller, a paralegal, has served as the CountyCounsel’s paralegal on LPS/probate conservatorship matters and decedent’s estates since 2006.  Mitchell B. Davis, Senior Assistant County Counsel, joined Ventura County Counsel in 2005 and is currently handling LPS and Probate Conservatorship Litigation Matters.

Thursday, January 26, 2012
12:00 – 1:30 p.m.
Wedgewood Banquet Facility, Ventura

Register online or mail event registration form to: 4475 Market Street, Ventura, CA 93003