Sacramento Lawyer Magazine July/August

July/August 2019

Judge David I. Brown

TIMING IS EVERYTHING Real Problems with the Timing of Motions Also inside:

www.sacbar.org

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EDITOR’S MESSAGE

Ellen Arabian-Lee, Co-Editor-in-Chief

It’s Time for Summer

by Ellen Arabian-Lee

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EDITORS-IN-CHIEF Betsy S. Kimball Ellen Arabian-Lee Editor@sacbar.org M A G A Z I N E

In

reviewing my prior “Editor’s Messages,” I noticed that I wrote about “time” twice: “It’s Never Too Late” (March/April 2016) and “It’s Time to Give Back” (March/April 2017). This was not intentional, but it made me think. Judge David Brown in his “Timing Is Everything” article on page 16 tries to make our professional lives a little easier by reminding us about important timing rules relating to motions. The fact that he felt the need to write such an article suggests that attorneys are having real problems juggling all of their deadlines. Sean McCoy’s article on page 6 similarly recognizes that “It’s Not Too Late to Become Involved in the SCBA This Year!” What’s up with running out of time being on everyone’s mind?

More than most other professionals, attorneys’ daily lives are dictated by deadlines and dates – and it

STAFF EDITOR Maureen Onyeagbako

all seems to go by way too fast. With technological advancements, calendaring programs, electronic alerts, and cell phones, attorneys should never miss a deadline for anything – but it happens and many of us constantly feel as though time is running out.

Some of us use multiple electronic calendaring systems as well as an “old fashioned” Month-at-Glance calendar with handwritten scribbles to stay on top of things – still, most of us feel behind most of the time.

It’s summer and it’s finally hot outside. Hopefully we can all take some time to review our calendars, get our work done, and get away from the office and breathe. We enjoy seeing and publishing SCBA members’ photos from their summer vacations.

Please forward your summertime photos (with captions) to editor@ sacbar.org.

IT PAYS TO BE A SCBA MEMBER! * FREE classified advertising * Conference room rental * Lower pricing on MCLE

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MAGAZINE COMMITTEE Betsy S. Kimball, Samson R. Elsbernd, David Graulich, Heather Cline Hoganson, Yoshinori H.T. Himel PRODUCTION DESIGN Milenko Vlaisavljevic ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS THIS WEEK AT THE BAR Danielle Laughter (916) 564-3780 - dlaughter@sacbar.org

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SCBA OFFICERS Sean McCoy - President Shanae Buffington - 1st Vice President Trevor Carson - 2nd Vice President Bryan Hawkins - Secretary/Treasurer SCBA EXECUTIVE DIRECTOR Elizabeth Bacon - elizabeth.bacon@sacbar.org

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Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 425 University Ave., Suite 120, Sacramento, CA 95825.

Issn 1087-8771. Annual subscription rate: $6.00 included in membership dues, or $24.00 for nonmembers. Periodicals postage paid at Sacramento, California. Postmaster: Send address to SacramentoaLawyer, Thechanges SCBA publishes 425 University Ave., Suite 120, Sacramento, Bi-Monthly full color CA 95825. Copyright 2019 by the SacraMagazine, Annual Legal mento County Bar Association.

Directory, and a weekly eNewsletter all with an Each author’ s commentary his/her on-line version reflects that has individual opinion only and not that of embedded.com click through his/her employer, organization with which to all published websites! he/she is affiliated, or Sacramento Lawyer magazine, unless otherwise stated. www.sacbar.org | 916.564.3780

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SACRAMENTO LAWYER | July/August 2019 | www.sacbar.org

CONTENTS SACRAMENTO COUNTY BAR ASSOCIATION

JULY / AUGUST 2019

MAGAZINE

VOLUME 119, NUMBER 4

COVER STORY 16 Timing Is Everything EVENTS 22 2019 Annual Operation Protect and Defend Law Day Dinner Celebration 26 SCBA’s 6th Annual Golf Tournament and BarStock VLSP

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18 The Power of One SECTIONS AND AFFILIATES 8

SacLegal and SABA Hold Reception Celebrating Judicial Diversity on Sacramento County Superior Court

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Immigration Section Update

11 Immigration Rights in Personal Injury Cases 12 Barristers’ Club Update 14 Writ Large 20 Solo/Small Practice Division Update

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24 ABAS Law Foundation Presents Advocates Confronting Immigration Policy Crisis

NEWS 30 More on Attorney Wellness

DEPARTMENTS 4 Editor’s Message 6

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President’s Message

COVER

Sacramento Lawyer magazine welcomes letters and article suggestions from readers. Please e-mail them to editor@sacbar.org. The Sacramento County Bar Association reserves the right to edit articles and letters sent in for publication. Please contact the SCBA at 916-564-3780 for deadline information, fax 916-564-3787, or email elizabeth.bacon@sacbar.org. Web page: www.sacbar.org. Caveat: Articles and other work submitted to Sacramento Lawyer magazine become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.

TIMING IS EVERYTHING Real Problems with the Timing of Motions

www.sacbar.org | July/August 2019 | SACRAMENTO LAWYER

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PRESIDENT’S MESSAGE Sean M. McCoy President, Sacramento County Bar Association

It’s Summer, But Not Too Late to Become Involved in SCBA this Year! by Sean M. McCoy

It

is hard to believe that it is already July, and that I am halfway through my term as President. In the first six months, we said goodbye to Mary Burroughs, our former Executive Director, as she retired, and we brought on board her successor, Elizabeth Bacon. If you have not yet had a chance to meet Elizabeth, come to an SCBA event soon and do so.

When you think of July, most people think of the usual accessories, such as baseball, fireworks, barbeque, and pie.

But, while few may still remember it, July is also an anniversary for the SCBA for another reason. Fee arbitration.

California Business and Professions Code section 6201 entitles a client to arbitration of a dispute regarding the attorney’s fees for legal services. When the client initiates fee arbitration, it is mandatory for the attorney. Otherwise, fee arbitration is voluntary for a client unless the client and the attorney agree in writing to submit their fee disputes to mandatory fee arbitration.

So, what is the connection between July, the SCBA, and fee arbitration? Thirty years ago, the SCBA fee arbitration program received a request to arbitrate. The arbitrator assigned by the SCBA conducted the arbitration and ruled against the client. The client then brought suit against the arbitrator and the SCBA. Thirty years ago this month, on July 28, 1989, the Third District issued a published decision affirming the SCBA’s demurrer. The court observed, “an arbitrator is en-

EVENTCalendar

titled to the immunity when the arbitration’s structure and procedure are fashioned in accordance with the rules established under [Business and Professions Code] section 6200 et seq. and the arbitration results from a request made ‘pursuant to’ the statute’s authority.” (Olney v. Sacramento County Bar Association, et al. (1989) 212 Cal.App.3d 807, 813.)

Olney was not the first decision addressing immunity, but it appears to have been the first reported case specifically involving arbitrator immunity under Business and Professions Code section 6200.

The SCBA has offered fee arbitration for many years. If you are interested in seeing what it is like to work as a neutral, fee arbitration will let you experience it without changing your practice. Arbitrators receive training and participate in resolving fee disputes as either a sole arbitrator or member of a panel. And the SCBA is always looking for more arbitrators. Just visit the SCBA web page.

If fee arbitration does not interest you, I again want to encourage you to join one or more of our 20 substantive law sections. The sections are very much the MCLE and social backbone of the SCBA. In addition to the events they organize, the sections (as well as the SCBA divisions and committees) also help develop bar leadership. And the SCBA is always looking for people who are willing to step up and take on leadership roles. It may be July, but it is never too late to become more involved.

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SECTIONS, AFFILIATES AND DIVISIONS

Ashley Harvey, SacLegal CoChair, is a Yolo County Deputy District Attorney. She can be contacted at ashley.harvey@ yolocounty.org.

SacLegal and SABA Host Reception Celebrating Judicial Diversity on Sacramento County Superior Court

by Ashley Harvey

From left to right: Lilly Mohanna, Judge Joginder Dhillon, Emmanuel Salazar, Michael Rhoads, Les Swizer, Rabia Reed, Judge Daniel Calabretta, Ashley Harvey, James Tiehm, Heather Thomas, Andi Mudryk, Kishwer Vikaas, Zainab Shakoor, Aparna Agnihotri, and Sameera Ali

On

April 25, SacLegal and the South Asian Bar Association of Sacramento (SABA) hosted a judicial diversity reception to honor recent judicial appointments, including Judge Joginder Dhillon and Judge Daniel Calabretta, and to celebrate the diversity of the Sacramento County Superior Court. Along with Judges Dhillon and Calabretta, also in attendance from the Sacramento County Superior Court were Judge Peter Southworth and Judge Kristina Lindquist.

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The event was held in a private room at Claim Jumpers in downtown Sacramento. After attendees enjoyed an assortment of hosted appetizers, SacLegal Co-Chair Ashley Harvey and SABA board member Aparna Agnihotri welcomed and thanked the approximately 50 guests for their attendance.

Judge Shama Mesiwala provided the introductory remarks for Judge Dhillon and Judge Calabretta with a brief history of qualifications as well as personal insights of both judges. A partic-

SACRAMENTO LAWYER | July/August 2019 | www.sacbar.org

ularly poignant point raised by Judge Meiswala during her introduction was the impact the newly appointed judges will have on those who enter their courtrooms. “When people from our diverse communities, especially children, walk into courtrooms where Judge Calabretta or Judge Dhillon is presiding, they now may see on the bench someone to whom they can relate, and very importantly perhaps, an example of the caliber of person they may strive to become.�

~ T H E S A C R A M E N TO U N I T Y B A R A S S O C I AT I O N P R E S E N T S ~

2019 Unity Bar Dinner Wednesday, October 30, 2019, at 5:30 p.m.

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The Elks Tower • 921 11th Street, Sacramento, CA 95814

A Conversation With:

Hosted by the Wiley W. Manuel Bar Association Asian/Pacific Bar Association of Sacramento Cruz Reynoso Bar Association Leonard M. Friedman Bar Association South Asian Bar Association of Sacramento

Justice Martin J. Jenkins Judicial Appointments Secretary for Governor Gavin Newsom and former Justice of the California Court of Appeal for the First District

United Stated District Judge of the Eastern District of California

Sponsorships: Half Table $500

5 Tickets, listed on poster, and recognition in the program

SacLegal, Sacramento’s LGBTQ Bar Association

Judge Troy L. Nunley

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Women Lawyers of Sacramento

Full Table $1500

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You may pay for sponsorship by credit card or check payable to: “Sacramento County Bar Association”. Mail payment to: Sacramento County Bar Association, Attn: Unity Bar Dinner, 425 University Ave., #120, Sacramento, CA 95825.

For more information regarding sponsorship opportunities, please contact: Laraya Parnell at sacramentounitybar@gmail.com.

Early Bird pricing through October 23, 2019.

General: Early bird $75 Regular $85

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You may pay by credit card or check payable to: “Sacramento County Bar Association”. Mail payment to: Sacramento County Bar Association, Attn: Unity Bar Dinner, 425 University Ave., #120, Sacramento, CA 95825 or pay online at www.sacbar.org-Event Calendar. If you have any questions please contact Cecilia Uribe at cecilia.uribe@sacbar.org or 916-564-3780.

Cocktail hour 5:30 p.m. ~ No host bar ~ Buffet dinner 6:30 p.m.

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Supported by the Sacramento County Bar Association • 425Suppo University Ave, Suite 120 • Sacramento, CA 95825 • 916-564-3780 www.sacbar.org | July/August 2019 | SACRAMENTO LAWYER

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Justice George Nicholson Retires Jennifer Hennessey is the Immigration SECTIONS, AFFILIATES AND DIVISIONS Continued from page 12 Section Chair and an attorney at Law the following comment, and decided to thought-out and sincerely held – even if Offices of Jennifer L. Hennessey. She can be contacted at jennifer@hennessey-law.com. leave it in for one reason – there are prob- they differed a lot from my own. This – Brian Lopez is the Section Vice-Chair ably hundreds of people in this commu- what I have just described – is something and an attorney at Carson & Kyung, Law nity who could say the same thing. And of such great value to our community of Corporation. He can be contacted at it is high praise. There are many things diverse people (and to preserving it as blopez@carsonkyung.com. about which Justice Nicholson and I a community): the ability to discuss relikely disagree – in law, politics, etc. But I spectfully differences of opinion, belief, know that he and I (or anyone else in my perspective, andby theJennifer like. Hennessey and Brian Lopez stead) could discuss those things, and it On behalf of many, I express hope would be a dialogue, not a debate. The that the conclusion of this chapter of here are beexciting new events Roundtable Seriess life where questions, and share practical ideas Nicholson’ will immigration be the start dialogue would civil, probably colle- Justice happening in the Immigration attorneys can get together to discuss with other attorneys. The first Roundgial. Each of us would listen to the other. of a new and productive time of scholarthis year. a ship recent immigration law, ask table event was a success! It was held andtrends serviceinfor him.

ISection would respect thatWe his have views started were well on May 3, 2019, and the discussion focused on NVC processing and EOIR San Francisco Court updates. Roundtable events will be held at 9:30 a.m., at the SCBA Office, located at 425 University Avenue, #120, Sacramento, on the first Friday of the month (except in July and August): September 6, 2019, October 4, 2019, November 1, 2019, and December 6, 2019.

The Immigration Section is also planning upcoming CLE events to include practice management, crimes involving moral turpitude, and crossover issues with family law. Look for dates and times of CLE events to be posted on the SCBA calendar!

Immigration Section Update

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www.sacbar.org | January/February 20182019 | SACRAMENTO LAWYER | 1918~2018 CENTENNIAL SACRAMENTO LAWYER | July/August | www.sacbar.org

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SECTIONS, AFFILIATES AND DIVISIONS

Immigrant Rights in Personal Injury Cases

David Trent is a personal injury attorney in Sacramento at Del Rio & Caraway, P.C. He can be contacted at david@delriolawoffice.com.

by David Trent

The Immigration Section of the SCBA asked Sacramento personal injury attorney, David Trent, a few questions about immigrants’ rights when they are involved in car accidents.

1. Can an undocumented immigrant obtain a driver’s license in California?

The short answer is yes. A few years ago, then Governor Brown signed into law AB 60. Although still called “AB60,” the law is Vehicle Code section 1653.5.

Under the law, undocumented immigrants must meet the same requirements as other individuals applying for a driver’s license. In particular, they must prove their identity, prove residency in California, pass the driver’s test, submit a thumbprint, and have their picture taken. After this, they are eligible for a special California-only driver’s license.

In fact, everyone who drives in California is legally required to have a license. (See, Vehicle Code section 12500.) Under the law, driving without a license can be prosecuted as a misdemeanor with punishment of up to six (6) months in jail and/or a fine up to $1,000.00.

2. Can undocumented immigrants obtain car insurance in California?

Absolutely, if they have a driver’s license. In fact, all vehicles driven in California are legally required to have insurance. (See, Vehicle Code sections 16020 16033.) If any driver is found to be driving without insurance, the driver can be fined between $100 and $200 the first time, and $200 to $500 the second time. The car may even be impounded and towed away.

That’s not the worst thing. Under a lesser known California law, a driver without insurance who is hurt by someone else may not recover any money for his/her general damages (pain and suffering). That law is called “Prop 213,” aka Civil Code section 3333.4. Prop 213 works to prevent immigrants (documented and otherwise), citizens, young and old, wealthy and poor alike

from receiving the compensation to which they would otherwise be entitled.

Long story short, not only are undocumented immigrants able to obtain car insurance in California, they really should.

3. If an undocumented immigrant is injured in California, does he/she have the same rights to sue the other party as someone who has lawful status in the United States?

The civil system does not differentiate between documented or undocumented, naturalized or native, or visitors/travelers and locals. The negligence law applies to everyone, equally.

4. Can a plaintiff be asked about his/her immigration status in the United States?

The short answer is no. A more complete answer is that a plaintiff is not supposed to be asked. In 1986, Rodriguez v. Kline (1986) 186 Cal.App.3d 1145 was decided. Rodriguez allowed a defendant in a lawsuit to make inquiry into a plaintiff’s immigration status.

Under Rodriguez, this inquiry was about the person’s future wage loss to determine which country’s currency should be used to calculate the amount. Undocumented individuals were, quite frankly, terrified when these questions arose.

In 2016, then Governor Brown signed into law AB 2159, which took effect January 1, 2017. It is now codified as Evidence Code section 351.2, which states in pertinent part, “In a civil action for personal injury or wrongful death, evidence of a person’s immigration status shall not be permitted into evidence, nor shall discovery into a person’s immigration status be permitted…” www.sacbar.org | July/August 2019 | SACRAMENTO LAWYER

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SECTIONS, AFFILIATES AND DIVISIONS

SCBA

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Jake Weaver is the Barristers’

Barristers’ Club Update

Media Chair and an attorney at Reynolds Tilbury Woodward LLP. He can be contacted at jweaver@ rtwlawllp.com.

by Jake Weaver

M A G A Z I N E

THIS WEEK AT THE BAR

eNewsletter

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The SCBA publishes a Bi-Monthly full color Magazine, Annual Legal Directory, and a weekly eNewsletter all with an on-line version that has embedded.com click through to all published websites! www.sacbar.org | 916.564.3780

12

From left to right: Connor Olson and Judges Peter Southworth, Daniel Calabretta, David Brown and Donald Currie

Civility and Deposition Discovery Luncheon with The Honorable David Abbott The Barristers’ Club hosted an MCLE luncheon at Downey Brand, LLP on May 10, 2019, focusing on civility and deposition discovery. Approximately 35 attorneys attended the event to hear Judge Abbott’s invaluable insight on the topics. The audience posed thoughtful and interesting questions during the presentation, which made for an informative afternoon for all in attendance.

The Annual Judicial Reception at Foundation Restaurant & Bar The Barristers’ Club hosted its Annual Judicial Reception at Foundation Restaurant & Bar on May 16, 2019, to honor Judges from the Sacramento County Superior Court, Justices from the Third District Court of Appeal, and United States District Court Judges for the Eastern District of California. The event provided a unique opportunity for young attorneys to meet members of the judiciary in a relaxed social setting

SACRAMENTO LAWYER | July/August 2019 | www.sacbar.org

and to say thanks for the Judges’ and Justices’ dedication and contribution to the legal community.

Upcoming Summer Associates Reception The Barristers’ Club Summer Associates Reception will be held on July 18, 2019, at the Mix Downtown to honor the Diversity Fellowship Program and its participants. As always, the Summer Associates Reception will be well-attended by members of the judiciary, practitioners, summer associates, and law students. The Diversity Fellowship Program is coordinated between the Sacramento County Bar Association, Pacific McGeorge and UC Davis Schools of Law, and law firms to promote and increase diversity in the practice of law by providing local minority and disadvantaged students an opportunity to work in a law firm between the first and second years of law school.

For information regarding sponsorship opportunities or event details, please e-mail Jake Weaver at jweaver@ rtwlawllp.com.

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13

SECTIONS, AFFILIATES AND DIVISIONS

ichael Rothschild, of Rothschild Wishek & Sands LLP, provided insights into the mysterious world of writs to the Administrative Law Section this May, going behind the “magic language” to dissect and explain the anatomy of a petition for an administrative writ of mandamus (Code of Civil Procedure section 1094.5).

A “1094.5 writ” – as opposed to traditional writs (CCP section 1085) or writs of habeas corpus or certiori (review) – is an appeal of an administrative agency’s action – that includes state agencies, local government, school boards, and even hospital peer review committees.

As an appeal of an agency decision, the underlying case will (or should!) have its own record, which must be requested timely and submitted for the court’s review. The appeal is almost entirely based upon this record, although there are occasions to augment the record. Hearings of the underlying matter are often, but not always, rooted in the Administrative Procedure Act (Government Code section 11340 et seq.).

There may be greater or lesser levels of formality in the hearings, with the more formal using the procedures at Government Code section 11500 et seq. The appeal is based upon: 1. Are the agency’s factual findings supported by the evidence in the record; 2. Are the agency’s legal conclusions supported by the findings; 3. Did the agency make an error in law; 4. Did the agency provide a fair hearing; and/or 5. Is the penalty being assessed excessive as a matter of law.

Writ petitions may also be filed

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by Heather Cline Hoganson

is a prior Chair of the Administrative Law Section and Senior Counsel at Simas & Associates, Ltd. She can be contacted at HHoganson@ simasgovlaw.com.

Photo courtesy of ALJ Alberto Rosas

Writ Large M

Heather Cline Hoganson

Section members enjoy the Spring Mixer

concurrently with requests for declaratory relief, injunctive relief, or stays of the agency decision.

Rothschild warned against using the red CEB book on civil writ practice as the start AND finish of research, urging attendees to read the cases – especially in the area of damages. He did suggest, however, that the statutes of limitations – which can vary tremendously – are laid out well for various agencies in that book.

In addition to the statute, each county’s court handles writs in its own fashion, with Sacramento’s court often being the model for jurisdictions that do not see a lot of writ practice. Not only does Sacramento have a separate rulebook in general, each department handles writs differently. See the court website for the rulebook and the department’s published rules. In Sacramento, writs are a rotating assignment “tacked on” to a regular civil or criminal calendar, so writ practitioners are often given a Friday spot to argue.

Given the often voluminous records that attend these appeals of agency decisions and the addition of this

SACRAMENTO LAWYER | July/August 2019 | www.sacbar.org

work on top of a judge’s regular calendar, the research attorney’s assistance is invaluable to the court, and thus one might inquire if an extra copy of the petition is required to be filed. It appears that local media is also being given a copy of every filing.

Rothschild also spoke about details of writs, including fictitious name pleadings (especially handy if media are reviewing filings), specific damages, amendments, and ex parte applications for stays.

The Administrative Law Section thanks Michael Rothschild for such an insightful discussion on this “mystical niche world.” If this sounds like the sort of law that appeals to you, join us at our next section event or contact Chair Adam Richards, Vice-Chair Amit Singh, or Secretary Erin Brennan.

The Section’s recent spring mixer at Press Bistro was a convivial gathering, with a great mix of government and private attorneys. Mark your calendar for October 30, 2019, when the Section presents “Blackness of Heart – An Introduction to Moral Turpitude and Its Uses (It’s not just for impeachment anymore)” at the SCBA Event Center.

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15

COVER STORY

Timing Is Everything

by Judge David I. Brown Author’s Note: This article is intended to address the real problem of the timing of motions – the majority of motions, that is. A sizeable percentage of motions are dropped from the court’s calendar due to defective service of notice.

The focus of this article is on California Code of Civil Procedure (“CCP”) section 1005, but it also will address, briefly, motions for summary judgment, which are subject to different time requirements.

T

iming is everything, especially when preparing and filing various motions before the court. Defective notice deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509, 511.) When there is no jurisdiction, the moving party often will be required to re-file the motion, giving timely notice. As a result, the request for the court to act is delayed, which can adversely affect the parties and the progress of the case.

The Basics CCP section 1005(b) requires all moving and supporting papers to be served and filed at least 16 court days before the hearing date, unless otherwise ordered or specifically provided by law. Assuming the motion is timely filed, it must be properly served. The moving party is permitted an additional five calendar days for service by US Mail (assuming service is within the state), or two calendar days if service is by facsimile transmission, express mail, or some other method of overnight delivery. Note that CCP section 1005 requires that the 16 court days be computed before counting the five calendar days for service by mail. (See, Barefield v. Washington Mutual Bank (2006) 136 Cal.App.4th 299, 303.) CCP section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a

16

notice of motion, papers opposing a motion, or reply papers governed by this section.

The distinction between court and calendar days is significant and often the source of confusion and error. A “court day” is defined as any day in which the court is not closed due to a judicial holiday. (See, CCP sections 133, 134.) “Judicial holidays” include the following: January 1st; the 3rd Monday in January (Dr. Martin Luther King, Jr. Day); February 12th (Lincoln Day); the 3rd Monday in February (Presidents Day); March 31st (Cesar Chavez Day); the last Monday in May (Memorial Day); July 4th; the 1st Monday in September (Labor Day); September 9th (Admission Day); the 2nd Monday in October (Columbus Day); November 11th (Veterans Day); December 25th; and Good Friday from 12 noon to 3:00 p.m.; every day appointed by the President or Governor for a public fast, thanksgiving, or holiday. (CCP section 135; Gov. Code section 6700.)

“Calendar days” are determined using a standard calendar, and the time in which an act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. (CCP section 12.) The term “holiday” includes Saturday and Sunday.

(CCP section 12a; Gov. Code section 6700(a).) It also includes holidays speci-

SACRAMENTO LAWYER | July/August 2019 | www.sacbar.org

Judge David I. Brown is in the Law & Motion Department of the Sacramento County Superior Court.

fied in Gov. Code section 6700, as adjusted for weekends pursuant to Gov. Code section 6701. (CCP section 12a; Gov. Code section 6700(b), (d)-(e), (g)-(o).)

CCP section 12c provides for calculation of the last day to perform an act before a hearing date as follows: “(a) Where any law requires an act to be performed no later than a specified number of days before a hearing date, the last day to perform that act shall be determined by counting backward from the hearing date, excluding the day of the hearing as provided by Section 12. [emphasis added] “(b) Any additional days added to the specified number of days because of a particular method of service shall be computed by counting backward from the day determined in accordance with subdivision (a).”

For example, a hearing date is set for July 18, 2019. The motion is filed on June 20, 2019. CCP section 12c requires the moving party to “count backward from the hearing date, excluding the day of the hearing...” Excluding the date of the hearing, and using July 17 as the first court day, July 16 as the second, etc., yields June 25 as the 16th court day. June 19 would commence the first of the “five calendar days” as required by CCP section 1005(b), but since the motion was filed on June 20,

service is improper and the motion is defective. Note that July 4th was excluded because it is a court holiday.

Here’s another example: A hearing date is set for Dec. 2, 2011. The motion is filed Nov. 3, 2011. Again, counting backward from the hearing date and excluding the date of hearing, the first court day would be Dec. 1, 2011.

Counsel must keep in mind the three court holidays – Nov. 24, and 25, and Nov. 11. The 16th “court day” is Nov. 7, 2011. With this date, one can now start counting the five “calendar days”.

Again, the motion is defective because only four calendar days are present, not the requisite five days.

If counsel recognizes that the notice of motion was untimely, then the best practice is to refile the motion with the correct statutory period, or seek an ex parte order shortening time to allow for a shorter time period. Do not simply seek to “continue” the motion to “cure” the service defect. For example, if counsel discovers that the motion provides 16 court days plus only four calendar days’ notice, counsel should not seek to continue the motion for one day to cure the defect. Notice normally has to begin anew. (See, Robinson v.

Woods (2008) 168 Cal.App.4th 1258.)

Shortening Time Under CCP 1005(b), the court may shorten time for the hearing of a motion, upon a showing of good cause, such as irreparable harm, immediate danger, or another statutory basis. (See, CRC 3.1202(c).) Such an application for shortened time is normally done by ex parte application. Be familiar with the California Rules of Court and the Local Rules applicable to ex parte applications.

(See, Sac. County Sup. Ct., Local Rule 2.35; CRC 3.1203.) The moving party must notify all parties no later than 10:00 a.m. the court date before the ex parte appearance, unless there is a good reason to give less time. The timeliness of the ex parte application notice must be set forth in a supporting declaration.

(CRC 3.1203.) The ex parte application

and supporting documents shall be filed and paid for by 4:00 p.m. one court day prior to the appearance. (See, Sac. County Sup. Ct., Local Rule 2.35.)

Motions for Summary Adjudication/Judgment Not all motions may have time shortened. For example, motions for summary adjudication/judgment have prescribed timelines. CCP 437c(a)(2) provides that “[n]otice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing. If the notice is served by mail, the required 75-day period of notice shall be increased by 5 days if the place of address is within the State of California ….” The extensions of time where service is made by mail (CCP nsection 1013(a)), by fax (CCP section 1013(e)), or by express mail or other overnight delivery method (C.C.P. 1013(c)) apply to summary judgment motions. (C.C.P. 437c(a); see C.E.B., 2 Civil Proc. Before Trial 4th, 36.77; on extensions of time of service, see supra, 30 et seq.) The court may not shorten the statutory period absent stipulation. (See, Urshan v. Musicians’ Credit Union (2004) 120 Cal.App.4th 758, 768.) However, the statute does give courts authority to shorten the 30-day period before the trial date for hearing on the motion.

Opposition and Reply Papers Errors in timing are also made

when filing and serving opposition and reply papers to noticed motions.

All papers opposing a motion shall be filed with the court and a copy served on all parties at least 9 court days, and all reply papers at least 5 court days before the hearing. (CCP 1005(b).)

Opposition and reply papers must be served by personal delivery, facsimile transmission, express mail, or some other method to ensure delivery to the other parties no later than the close of the next business day after the papers are filed. (CCP 1005(c).) Note that the “next day delivery” rule also applies to oppositions and replies for motions for summary judgment/adjudication.

Even if service of the motion is improper, if a substantive opposition is received by the court without the opposing party addressing the service defect, then the jurisdictional defect can be waived. (See, Holmes v. Petrovich Development Co., (2011) 191 Cal. App.4th 1047, 1064, fn.2; Carlton v. Quint (2000) 77 Cal.App.4th 690, 696–698.).) Be aware of the custom and practice of the court in which you are appearing; some courts see a substantive opposition as a waiver in any case, even if the defect is addressed in the opposition papers.

Motions are procedural constructs and require adherence to applicable rules; while waiver may sometimes apply to excuse failures to comply, the safer course of action is compliance.

Family Law Center Divorce Done Differently

www.FamilyLawCenter.US (916) 488-5088 1722 Professional Drive Sacramento 95825 Carol F. Delzer

Sacramento’s most experienced divorce mediators & attorneys. www.sacbar.org | July/August 2019 | SACRAMENTO LAWYER

17

Vicki Jacobs is the Managing

VLSP

Attorney of the Voluntary Legal Services Program. She can be contacted at vjacobs@vlsp.org.

The Power of One

by Vicki Jacobs

I

did not intend to be a legal aid lawyer. I had been in private practice for several firms during the first six years of my career doing insurance defense work. I moved to Sacramento from the San Francisco Bay Area in 1989 to join a friend in a law partnership doing civil litigation. He was busy and needed help. Other than my partner, I knew nobody in town.

In an effort to meet colleagues, I sought out the SCBA and signed up to be on the Voluntary Legal Services Program’s “Advisory Committee.” I figured that I would have the chance to do some good for this legal aid organization and would meet some nice people.

Fast forward 30 years and I’m still at VLSP, but I have spent the last 18 years as an employee instead of a volunteer.

As they say, life is what happens while you are busy making other plans.

With the recent start of VLSP’s new family law project, we have been recruiting a whole new set of volunteers, which has given me the opportunity to think about why I chose to be a VLSP volunteer for over a decade. I’ve been thinking about how I can encourage others to volunteer. I asked Sacramento County Superior Court Supervising Judge in Family Law, Bunmi Awoniyi, if she would provide some thoughts on volunteering to encourage the local bar to join our new project. She wrote: “The vigors of law practice; the competing demands of deadlines, billable hours, client expectations, and desire for home/life balance relegates volunteerism to the place of idealism for many. We defer the solicitations to volunteer to a more opportune time.

We have to actively choose to volunteer with a determination to seek

18

out volunteer opportunities. It is our opportunity to give back to our communities by offering our expertise and time. The returns on your acts of volunteerism will enrich your practice, develop your skills and provide opportunities to build relationships with other like-minded professionals, not to mention the rewards of serving underprivileged litigants. You can make a difference. I have found that I have received more than I have given from my acts of volunteerism; it has provided the bal-

You can make a difference. ance, perspective, and satisfaction that has endured these past 30 years in the legal profession.”

This quote made me smile in recognition of how these thoughts have applied to my own volunteer work over the years. I ended up changing the course of my career based upon my experiences as a volunteer. From the moment I became a VLSP volunteer, I enjoyed being a part of a group of lawyers doing good for our community. Each person, taking the time to share his/her skills, makes a difference in the lives of those helped. Every one of us who volunteers moves us closer to the goal of having our legal system function fairly for us all. We see it every day at VLSP. I feel fortunate to be

SACRAMENTO LAWYER | July/August 2019 | www.sacbar.org

able to cheer while those volunteer moments happen.

I also recently reached out to members of our Advisory Committee to find out why they volunteer with VLSP. Our Advisory Committee is comprised of local attorneys who meet every other month with VLSP staff in order to guide our program in terms of policymaking and the direction of our services, and to help with fundraising and outreach into the community. By the way, we are looking for more members to join our Advisory Committee this year. More on that later.

Some attorneys cite the connection with the access-to-justice mission of VLSP. Mark Eggleston has been on the VLSP Advisory Committee since the late 1980’s and serves as our current Chair. He says: “‘Equal Justice under Law’ is just words inscribed in marble without groups like VLSP to secure access to such justice for individuals and families that have neither power nor wealth.

That is why I work with and believe in VLSP.” Our newest Advisory Committee member, Shannon Shrewsbury, shares this sentiment and extolls the power of the individual to make a difference: “I volunteer on the Advisory Committee as a way of giving back to an organization with a long history of providing critical legal services to disadvantaged members of our community. It’s also a wonderful opportunity to interact with other service-minded legal professionals. Providing pro bono services with the VLSP Employment Law Clinic has also been a rewarding experience – one can have a direct, positive impact on the lives of commu-

nity members who otherwise could not human connection: ed at that end of the income scale, and afford legal representation.”

“I really keep coming back not we’re all just people.”

At VLSP, we try to educate our clionly because of you and Heather and We would like to have you become ents about their rights and responsibilthe other volunteers (truly, so nice to a part of our efforts. If you would like to ities under the law. There is so much be around all you guys!) but because find out more about becoming an Advimisinformation aboutSACRAMENTO the law in the even someone isn’tMAGAZINE accepted into sory Committee member, please join us COUNTY BARif ASSOCIATION public domain. Long time Advisory our bankruptcy clinic (because it’s not at an Advisory Committee Open House 1329 Howe #100 •best Sacramento, 95825 425 University Ave., Suite • Sacramento, CA 95825 Committee member Jeff Frost says: Ave., their120 option), soCA many people on Friday, October 25, 2019 at 12:15 “As a Committee member and Emexpress gratitude about being ‘heard.’ pm at the VLSP office at 501 12th Street ployment Clinic volunteer (although It’s a real tragedy that a lot of folks in Sacramento. Lunch will be served. it has been awhile), I believe that all don’t even have their dignity respectPlease RSVP to vlsp@vlsp.org. individuals should have access to the knowledge of their legal rights and the ability to use the benefits and protections of our legal system. That the lack of money, education or language should not prevent them from knowing their Superior Court of CA, County of Sacramento (Ret.) rights or being protected by the law.

Many times, I have told clients that the • Business & Commercial action that they are upset about is not • Real Estate illegal or a violation of their rights; they should also have the benefit of know• ing that certain actions are allowed and • Partnership & Shareholder there is no legal remedy. I believe this Disputes can provide the benefit of closure for some clients.”

• Many want to use their legal education and skills to make a difference • in someone’s life. Scott Taylor volunteers: “…to hopefully make a difference in someone’s life by providing some insight, guidance or advice as it pertains to an individual’s legal situation or concern. As the legal process can State Commissioner of Corporations - Three years sometimes be daunting, intimidating or confusing, having an outlet, organization, or individual to turn to will hopeEmployment & Labor Member, AAA Panels on: fully be a helpful resource in providing Commercial & Complex Civil a direction to resolve the legal issue at hand. I hope my efforts in some way are beneficial to others, whether it be in a direct or indirect manner.”

Others seek the collegiality of peoFREE for SCBA Members ple with a common desire to do good.

Sarah Scott says that “VLSP serves an $100 for Non-Members important role in the Sacramento com1 Hour Ethics - Topic: “Attorney Fees, munity, and I enjoy assisting (albeit in Practically and Ethically” a small way) in carrying out their mission. Sarah Huchel, who is on the Advisory Committee and is a Debt/Bankof Mastagni Holstedt ruptcy Clinic volunteer, appreciates the

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19

D

SECTIONS, AFFILIATES AND DIVISIONS

Connor Olson,

Solo/Small Practice Division Update by Connor Olson Another Successful Mixer!

On April 25th, the SCBA’s Solo/Small Practice Division hosted its spring mixer with the Family Law Section at Urban Roots Brewing and Smokehouse in Sacramento.

The mixer was well attended by attorneys representing a surprisingly diverse background of practice areas, who mingled while enjoying complimentary food and drinks.

As always, the Division looks forward to hosting future mixers as a great way of expanding its members’ networking and socializing opportunities.

Half-Day Boot Camp = Full Day of Learning On May 16th, the Solo/Small Practice Division held its half-day Boot Camp covering a variety of topics and providing two hours of MCLE credit for attendees. Among

20

SACRAMENTO LAWYER | July/August 2019 | www.sacbar.org

Co-Chair of the SSPD, practices litigation in the Sacramento region.

He can be contacted at connor@cwo-law.com

other things, attendees learned about the fundamentals of fee agreements, firm structures, and tax implications, in addition to the increasingly important role of technology in the practice of law. Discussions throughout the day no doubt inspired many future brown bag topics, which this Division is, as always, excited to facilitate.

Let’s Collaborate!

The Solo/Small Practice Division is committed to providing its members with relevant educational and networking opportunities. To that end, please feel free to contact Division board members to discuss possible topics and/or networking opportunities.

In the meantime, please check the SCBA calendar for upcoming Division events!

www.sacbar.org | July/August 2019 | SACRAMENTO LAWYER

21

EVENTS

Rebecca Whitfield is

2019 Annual Operation Protect and Defend Law Day Dinner Celebration

a Senior Appellate Court Attorney at the Third Appellate District. She is on the steering committee for Operation Protect and Defend. She can be contacted at Rebecca.

Whitfield@jud.ca.gov.

by Rebecca Whitfield

OPD Board, front row: June Coleman, Rob Hagarty, Adriana Cervantes, Judge Stacey Boulware Eurie, Kevin Quade, Justice Elena Duarte, Scott Wyckoff, Judge Allison Claire, Ellen Wong, Judge Jennifer Rockwell, Karli Eisenberg, Robyn Riedel; back row: Chi Soo Kim, Eli Underwood, Jon England, Kelley Lincoln, Carmen Nicole Cox, Emily Patterson, Dustin Johnson, Rebecca Whitfield, and Joe Cress

O

peration Protect and Defend (OPD) capped off another successful year with its Annual Law Day Dinner but this time at a new venue -- the Golden 1 Center. The grand entrance provided the perfect setting for over 250 guests to celebrate the accomplishments of local high school students in the areas of art, writing, and advocacy, all on the topic of Voting Rights. Chief Justice of California Tani Cantil-Sakauye inspired all with her thoughts on the subject, including her strong belief that access to the voting booth is equally important as access to the courtroom. With many state and federal judges in attendance to connect with our the awardees, the Chief’s message rang clear that those from all walks of life are owed equal justice in all legal matters.

OPD’s Executive Chair, Chi Soo Kim, warmly welcomed all those in attendance, recognizing the importance

22

of personally connecting with students who may never have had a positive interaction with anyone from the legal community. The Master of Ceremonies, Judge Dale A. Drozd, Eastern District of California, eloquently introduced the Chief Justice as the dinner’s keynote

speaker. Kim led a fireside chat with the Chief Justice. Attending C.K. McClatchy High School, before going to Sacramento City College and then UC Davis for undergraduate and law school, the Chief Justice is a local standout. Recalling her own experience of having to move from

OPD Executive Chair Chi Soo Kim and Chief Justice of California Tani Cantil-Sakauye in a fireside chat

SACRAMENTO LAWYER | July/August 2019 | www.sacbar.org

Judge Dale Drozd and California Judicial Appointments Secretary Martin Jenkins (Ret., California Court of Appeal Justice)

Judge & OPD Board Member Stacy Boulware Eurie and Judge Judy Hersher, founder of OPD’s art contest

Justice Louis Mauro, Judge & OPD Board Member Jennifer Rockwell, Judge Shama Mesiwala, and Judge & OPD Board Member Allison Claire

her childhood home because of eminent domain, the Chief Justice told her story, a story too often repeated, of attempting to navigate the legal system without representation. This led to her life-long commitment of promoting access to justice not only in the criminal context but in the civil context, especially for those who do not speak English or who cannot afford an attorney. While the focus is on court accessibility, as the Chief Justice noted, this is made easier with a strong foundation in civics education.

Judge Dale Drozd then provided attendees with a biography of each of the student essay awardees and teacher’s choice awardees. Each student demonstrated insight into the subject of voting rights, either by writing a well-thought out essay or by intelligently advocating in class. Carmen-Nicole Cox, Director of Modern Masters of America contest, and Emily

Patterson, Co-chair for the Modern Masters of America contest, presented the Modern Masters of America awards to the student contest awardees. Local student, Gordon Felesina, of Sutter Peak High School, took home the top prize with an inspiring dance entitled “Voting Blocked.” All students who won awards were provided a monetary award to assist their future education plans. Founder of OPD, Judge Frank C. Damrell Jr. (Ret.), provided closing remarks commenting on the path the Chief Justice took to her current position that should provide inspiration to students everywhere, especially Sacramento-area students.

During the 2018-2019 academic year, OPD sent judge-attorney volunteers to 99 classrooms across the Eastern District of California, reaching over 3,225 students. In Sacramento alone, it reached 2,025 students at 10 high

schools, while expanding its reach in both Fresno and Chico. OPD honored 30 students from the Sacramento region, specifically, John F. Kennedy High School, Florin High School, C.K. McClatchy High School, Rio Americano High School, Natomas Pacific Pathways Prep, Luther Burbank High School, Natomas Charter School, Elinor Hickey High School, George Washington Carver, Sacramento New Technology, and local home schools.

The annual event, led by OPD Law Day Dinner Director Robyn Riedel, was enriched by the collaboration of sponsor Sacramento County Bar Association. OPD was also lucky to have numerous local law firms, organizations, and individuals as sponsors this year. The strong support of the Sacramento legal community continues to make OPD’s Annual Law Day Dinner a huge success.

OPD Board Member Emily Patterson, Art Contest Silver Award Winner & Natomas Charter High School student Angela Chow, and OPD Board Member Carmen Nicole Cox

Aaron Silva, Bion M. Gregory Essay Recognition Award Winner & Natomas Pacific Pathways Prep student Nnaemeka Unanwa, and Judge Dale Drozd

Judge Dale Drozd, Frank C. Damrell, Jr. Lawyers’ Choice Awards Winner & John F. Kennedy High School student Liliana Lopez, and Judge & OPD Founder Frank C. Damrell, Jr. (Ret.)

www.sacbar.org | July/August 2019 | SACRAMENTO LAWYER

23

SECTIONS, AFFILIATES AND DIVISIONS

Kara K. Ueda, is a partner at Best Best & Krieger.

She can be contacted at KaraUeda@bbklaw.com.

ABAS Law Foundation Presents Advocates Confronting Immigration Policy Crisis by Kara K. Ueda

Law student Karen Pedraza, Prof. Holly Cooper, ABAS Law Foundation President Yoshinori Himel, Dr. Satsuki Ina, and Prof. Blake Nordahl

T

he ABAS Law Foundation kicked off its 2019 Speaker Series with an engaging and powerful panel discussion, “Local Advocates Confront the Immigration Policy Crisis,” held February 12 at Pacific McGeorge School of Law. Professor and Immigration Law Clinic Director Blake Nordahl moderated the panel of Dr. Satsuki Ina, Prof.

Holly Cooper, and Karen Pedraza.

The panel focused on the government’s incarceration of approximately 14,000 immigrant children across the United States.

Psychotherapist Ina discussed her experiences as a child in the World War II mass incarceration of Japanese Americans. Ina was born behind barbed wire

24

in the Tule Lake Segregation Center, a maximum-security concentration camp in far northern California. She showed photographs of her family’s identifying tags, and of her young father who was removed from the family and sent to a separate Department of Justice camp.

Ina specializes in cross-cultural counseling and has particular expertise in working with Japanese Americans who were traumatized by the World War II experience. She explained that family trauma lingers well after the war’s end and that within many Japanese-American families, the “camp” experience was shameful and never discussed. Ina reported Japanese Americans” saying that the incarceration

SACRAMENTO LAWYER | July/August 2019 | www.sacbar.org

must never happen again – but, in fact, is happening now. To protest today’s incarceration, Japanese Americans were heading to the Dilley, Texas incarceration site in March, not far from the World War II Crystal City Department of Justice camp.

Holly Cooper, the Co-Director of the UC Davis School of Law Immigration Law Clinic, spoke about her efforts to enforce an agreement resulting from the detention in 1985 of Jenny Lisette Flores, an unaccompanied 14-year-old girl held with grown men and women at a detention facility in downtown Los Angeles. Flores sued the federal government and eventually entered into the Flores Settlement Agreement, setting

Photo courtesy by U.S. Dept. of Health and Human Services

Bunks for child prisoners at Tornillo, Texas

ed to be a temporary facility, but children live there for about two to five months in conditions that she could not even put into words other than to note that several kids asked her to please get them out of there. Lacking enough counselors or services, Homestead houses a large population of children who speak indigenous languages and, thus, cannot communicate with the staff.

The most heartbreaking part of Pedraza’s talk was the strict no-physical-contact rule. When a child’s friend leaves the facility, the children cannot even hug each other goodbye. Pedraza noted that she slyly tried to give a child a side hug to make her feel better.

Photo courtesy by U.S. Dept. of Health and Human Services

standards for the detention of minors, including requiring that minors be held in the least restrictive environment, be treated with dignity, and be in licensed facilities. The clinic began enforcing the Flores agreement four years ago when it brought an enforcement action regarding children held in detention in Yolo County.

Cooper also told of an enforcement action involving the involuntary administration of psychotropic drugs to children at the Shiloh Residential Treatment Center in Texas. There, a boy asked her to tell us that the children want freedom and to make ourselves heard to the prisoners when protesting outside.

Karen Pedraza, a 2-L at UC Davis School of Law, works with Prof.

Cooper in enforcing the Flores agreement. Pedraza gave an on-the-ground account of the children’s living conditions in Tornillo, Texas and Homestead, Florida. She described the stress and anxiety the children have from enforced idleness, and from being awakened in the middle of the night to be told they are moving but not being told where. Children told her they had even less freedom than when they were escaping their home countries because within the facility they must be escorted at all times.

The Homestead facility is intend-

ABAS Law Foundation Presents Hold These Truths in September

by Yoshinori H. T. Himel Yoshinori H. T. Himel is the President of the ABAS Law Foundation. He can be contacted at YHimel@ LawRonin.com.

On Saturday, September 7, the ABAS Law Foundation will present staged readings of playwright Jeanne Sakata’s acclaimed oneman play, Hold These Truths, called an “epic love story between one man and the U.S. Constitution” and the recipient of three Theatre Bay Area Awards. Ryun Yu convincingly carries multiple roles in Hold These Truths, which reenacts civil rights hero Gordon Hirabayashi’s challenges to the race-based incarceration of Japanese Americans in WWII. The Sacramentans who have traveled to see Hold These Truths found it compelling.

For details and tickets, visit www.

ABASLawFoundation.org.

Tornillo, Texas facility, a shelter for children of detained migrants www.sacbar.org | July/August 2019 | SACRAMENTO LAWYER

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YOUR POTENTIAL CLIENTS ARE TRYING TO FIND AN ATTORNEY RIGHT NOW! Sacramento County Bar Association can help them find YOU!

Lawyer Referral and Information Service (LRIS) Sacramento County Bar Association Office For more information contact: (916) 564-3780 referral@sacbar.org

路 路 路 路

Why Join the LRIS?

LRIS assists attorneys in increasing their client base.

Each year the LRIS sends approximately 3000 referrals to Sacramento area attorneys.

LRIS of Sacramento County Bar Association is certified by the State Bar of California.

LRIS is a non-profit service.

Email or call TODAY for your application to join LRIS! 26

SACRAMENTO LAWYER | July/August 2019 | www.sacbar.org

Email: referral@sacbar.org

FREE + Pest Inspection + Neighborhood Market Trend + Client Care Package

WE LIVE, WORK AND PLAY HERE. Helping families make the right move.

for SCBA members

MCLE EVENTS IN 2019 DATE

EVENT INFORMATION

07/18/2019

SCBA Barristers' Division 27th Annual Summer Associates Reception

08/08/2019

SCBA ADR Law Section MCLE Luncheon

08/27/2019

SCBA Solo Small Practice Division Evening MCLE

09/06/2019

SCBA Immigration Law Section Roundtable Series

09/09/2019

SCBA Real Property Law Section Luncheon

09/19/2019

SCBA Bench Bar Reception

REALTOR DRE 01179722

PAUL BOUDIER | (916)919-5775 | ThinkRealEstate.net | paul@paulboudier.com

www.sacbar.org | July/August 2019 | SACRAMENTO LAWYER

27

EVENTS

Shanae Buffington is the 1st Vice President of the SCBA. She can be contacted at shanae.buffington@edd.ca.gov.

SCBA’s 6th Annual Golf Tournament and BarStock

by Shanae Buffington

T

he SCBA’s 6th Annual Golf Tournament and BarStock, held at the Haggin Oaks Golf Complex on May 6, 2019, brought together golfers for a fun-filled day of hole putting contests, raffles, and good company. At registration, blue polo shirts and hats were provided along with goodie bags and lunch.

Throughout the course, sponsors provided a variety of refreshments, drinks, and raffle prizes that included rounds of golf, winery tours, and gift certificates to local restaurants, day spas, and bakeries. After rounds, golfers gathered under the pavilion tent to enjoy cocktail hour while mingling, and watching the leaderboard. Outgoing Executive Director Mary Burroughs opened the awards dinner by welcoming the crowd and introducing her successor, Elizabeth Bacon, who thanked sponsors and golfers for their support.

The evening was complemented with live music from the Spangler Band, a buffet dinner, and a raffle. A portion of the proceeds will be used to benefit diversity pipeline initiatives, and other SCBA supported programs such as: Kids Law Day, C.K. McClatchy High School Law and Public Policy Academy, Florin High School Law Academy, and the Lawyer Referral and Information Service.

Many thanks to: Mary Burroughs, for her hard work in ensuring the success of SCBA’s annual golf tournaments; volunteers of the Sacramento Legal Secretaries and Sacramento Valley Paralegal Association; and bar office staff, Martha Fenchen, Milenko Vlaisavljevic, Marlon Turner, and Danielle Laughter. Thanks also to all the golfers, sponsors, and diners.

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1st Place Winning Foursome: Ron Murphy, Chance Trimm, Amelia Hicks, and Jerry Hicks

Elizabeth Bacon and Mary Burroughs with the 2nd Place Winning Foursome: Toby Magarian, Bradley Thomas, Ted Walter, and Conrad Davis (not shown).

Closest to the Pin hole 16: Kathy Tyler with Elizabeth Bacon

SACRAMENTO LAWYER | July/August 2019 | www.sacbar.org

Longest Drive hole 11: Kyle Homey

Closest to the Pin hole 6: Amelia Hicks

Sacramento County Bar Association

Sixth Annual Golf Tournament and

BarStock

Awards table

Monday, May 6, 2019 Haggin Oaks Golf Complex

THANK YOU SPONSORS HAT SPONSORS

Hutchison Insurance & Benefit Services Western Health Advantage

Straightest Drive hole 18: Roman Muñoz

SPIRITS HOLE SPONSORS Eisner Amper Litili, LLC

PUTTING GREEN SPONSOR Voluntary Legal Services Program

HOLE SPONSORS

Closest to the Pin on hole 6: Chip Wilkins

Raffle prize table

Best Best & Krieger CCTLA DigiStream Investigations Inc. Dunnigan Realtors Jacobsen & McElroy PC Judicate West Law Office of Keith Staten Northern California Collection Service Inc. 3X Sean McCoy

Music from the Spangler Band www.sacbar.org | July/August 2019 | SACRAMENTO LAWYER

29

NEWS

More on Attorney Wellness

T

he November/December 2017 issue of Sacramento Lawyer contains an article by Co-Editor Betsy Kimball discussing (in part) a then-recent ABA study, “The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.”1 This past May, the Virginia State Bar released a report from its President’s Special Committee on Lawyer Well-Being, entitled “The Occupational Risks of the Practice of Law.”2 The report notes in its introduction that, although state and local bar associations are providing

continuing legal education on wellness issues and have sought to identify signs of mental health issues and resources available to address them, “little has been done to ‘drill down’ to the reason that lawyers experience wellness problems at a disproportionate rate when compared to the public as a whole.” Covering 60 pages, the report discusses the physical, mental/ emotional, adaptation, and selfactualization risks that lawyers face.

For these (many) risks, the report offers practice pointers for individuals and organizations.

by the Editors

As individual lawyers and as members of lawyer organizations, we ignore the risks endemic to our profession at our personal and organizational peril. For those interested in this topic – a topic which should be of concern to all attorneys – the report is a helpful read.

1 https://issuu.com/milenkovlais/docs/saclaw_nov-dec__2017web/14 2 https://www.vsb.org/docs/VSB_wellness_report.pdf and see https://www.vsb.org/site/ news/item/presidents_committee_report

2019 Summer Fellowship Program Opening Lunch at Firehouse Restaurant - May 23, 2019

Welcome Summer Fellows!

Front row: Alana Mathews, Kristen Khair, Liliana Romero, Jon Florentino, Patricia Castillo, Erika Munoz, Ronald Ussery, Jules Jallab, Brian Zhang; back row: Meghan Baker, Kaleigh Thomas, Melissa Quintero, Shayla Griffin, Sean McCoy, Sophia Kwan, Andre Campbell, Tatiana Bush, Arvinder Kaur , Regina Agopian, Elizabeth Bacon, and Shanae Buffington

30

SACRAMENTO LAWYER | July/August 2019 | www.sacbar.org

Sacramento County Bar Association Presents

State of Insurance Markets

New information pertaining to your practice*

AUGUST 1, 2019 11:30 a.m. to 1:30 p.m.

SCBA EVENT CENTER 425 University Ave., Suite 120 Sacramento, CA 95825

PRESENTERS:

SACRAMENTO COUNTY BAR ASSOCIATION

CANNABIS PRICING:

Market of Health Insurance LAW SECTION Ronda Herman TOPIC:

Ronda Herman is the President of Summit Health Insurance Services, Inc. and specializes in helping businesses offer the right benefits to employees. Established in 2007, Summit Health Insurance provides group medical, dental, vision and ancillary products to create a robust employee benefits package for businesses. Ronda enjoys interacting with business owners, HR professionals and employees, learning about what people do, and finding ways to help everyone operate more efficiently. Summit makes the benefit process simple by taking the hassle out of healthcare.

$50 SCBA members

Property and Casualty Insurance

$60 Non-SCBA members

TOPIC:

$30 Court staff and students

John Wood

BUFFET LUNCH MENU: Sage roasted chicken, marinara penne, roasted carrots & broccoli, roasted red potatoes, mixed farmers greens with feta, cherry tomatoes, garlic croutons and raspberry dressing, & dinner rolls

Reservations must be received by 5pm July 26, 2019. Registration will not be confirmed until payment is received. After deadline date (if there is availability) and for any walk-ins pricing will increase by $10. No one will be permitted to attend without payment.

You may pay by credit card or check payable to: “Sacramento County Bar Association” mail payment to: Sacramento County Bar Association, 425 University Ave, Suite 120, Sacramento, CA 95825 or pay online at www.sacbar.orgEvent Calendar. If you have any questions please contact Cecilia Uribe at cecilia. uribe@sacbar.org or 916-564-3780.

This event is for SCBA members and invited guests. The SCBA reserves the right to refuse admission to anyone whose presence is unreasonably disruptive or who detracts from the safety, welfare, and well-being of other patrons, staff, and the establishment itself.

John Wood is a principal of McGee & Thielen Insurance Brokers, Inc., and specializes in the areas of Professional and Management Liability insurance, as well as personal insurance consulting for affluent and high net worth individuals. Established in 1920, McGee & Thielen is among the oldest property & casualty insurance brokerages in Sacramento, offering its services to Northern California businesses, non-profit organizations, families and individuals..

TOPIC:

Disability Insurance for Attorneys

Evan Mathew Evan Mathew has been working in finance since 1992 and was a co-founder of Mathew & Bimson, based in Davis, CA. In 2008, he and his group merged with BCJ and have been offering a suite of financial services for individuals and companies. Evan specializes in executive benefits planning, employee benefits planning, charitable and estate planning and insurance planning. He is a member of the National Association of Insurance and Financial Advisors, a qualifying member of the Million Dollar Round Table, a member and former ambassador of the Sacramento Metropolitan Chamber, and a past member of the Sacramento Area Commerce and Trade Organization.

Kyle Conroy Kyle Conroy is the Southwest Regional Brokerage Manager at Disability Insurance Services (DIS).

As the nation’s leading wholesaler in the individual disability insurance marketplace, DIS offers a full suite of products that cater to business owners, attorneys, executives and other industry professionals. With a background in financial planning and passion for helping others, Kyle spends most of his time putting together tailored plan designs to ensure his clients and their businesses have the proper coverage in place. Kyle is an active board member of the National Association of Insurance and Financial Advisors.

Marcy S. Pruitt, DIA Marcy Pruitt joined Disability Insurance Services in 2006 to establish the Arizona branch office and to manage the southwest region. As a managing partner, Marcy helps general agency managers and disability insurance brokers develop income protection programs and selling proficiency.

Prior to joining DIS, Marcy worked in the life, disability insurance and critical illness insurance segments for 20 years. She is a certified continuing education instructor and holds the Disability Income Associate (DIA) designation. Her vast experience has given her a broad understanding of disability insurance sales and marketing processes and an ability to skillfully deal with challenging situations.

*This event does not qualify for a Minimum Continuing Legal Education credit by the State Bar of California.

www.sacbar.org | July/August 2019 | SACRAMENTO LAWYER

31

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

1329 Howe Ave., #100120 • Sacramento, 425 University Ave., Suite • Sacramento,CA CA95825 95825

SCBA Annual Meeting

The Sacramento County Bar Association HonoringAnnual Distinguished of the Year Bench-BarAttorney Reception Arthur Honoring Judge Emily E.Justice Vasquez as Judge ofScotland the Year Appetizers • Hosted Bar • Jazz Combo

Installing SCBA Thursday, September 19, 2019 Officers & Directors Reception 6 pm to 9 pm Recognizing 100% Firms Program starts at 7 pm

Sheraton Grand Hotel, 1230 J Street, Sacramento, DATE CA 95814 Monday December 15, 2014

Individual Ticket Registration Form

TIME (Early bird pricing ends August 29, 2019 - after all individual ticket prices increase by $15.) in MCLE Prior to which Annual Meeting 11:30 Check FREE for SCBA Members 12:00 Lunch You can pay by credit card or make checks payable to Sacramento County Bar Association.

Individual Tickets:

_____ $65 SCBA Members

_____ $105* Non SCBA Members

_____ $35 Court Staff/Law Students

$100 for Non-Members Please mail, fax or email this form to: Sacramento County Bar Association, 425 University Ave., Suite 120, 1 Hour Ethics - Topic: “Attorney Fees, Sacramento, CA 95825 • Phone (916) 564-3780 • Fax (916) 564-3787 • Email: cecilia.uribe@sacbar.org

PLACE Sheraton Grand Speaker: Kenneth Bacon FIRST NAME: __________________________________________________ LAST NAME: _________________________________________________________ 1230 J Street of Mastagni Holstedt Practically and Ethically”

ADDRESS: _____________________________________________________________________ PHONE: _____________________________________________

10:30-11:30am

CITY: ______________________________________________________ STATE: _______________________________ ZIP: ______________________________ EMAIL: ______________________________________________________________________________ CHECK AMOUNT: $____________________________

Keynote Speaker: Chief Justice of California

CREDIT CARD NUMBER: ___ ___ ___ ___ – ___ ___ ___ ___ – ___ ___ ___ ___ – ___ ___ ___ ___ EXPIRATION DATE: ___ ___ – ___ ___

MASTER CARD: _______ VISA: _______

AMOUNT: $________________________________

CVV CODE NUMBER: ___ ___ ___

SIGNATURE: ________________________________________________________________________________________________________________________

Tani Cantil-Sakauye

If you are purchasing multiple tickets, please provide your guest’s name below:

GUEST NAME: _________________________________________________ GUEST NAME: _______________________________________________________

Ticket information: www.sacbar.org/event calendar, $45 for SCBA members, $65 for non-members.

After November 23rd, ticket prices increase by $5 RSVP to rsvp@sacbar.org or *Includes SCBA Membership for the rest of the 2019 calendar payable: year, email cecilia.uribe@sacbar.org to request an application for SCBA membership. call2019 (916) 564-3780.

Send checks SCBA, 1329 Howe Ave #100, Sacramento, CA 95825 GUEST NAME: _________________________________________________ GUEST NAME: _______________________________________________________