Sacramento Lawyer Magazine

November/December 2013

Jean C. McEvoy SCBA’s Distinguished Attorney of the Year

Painting By Cathy Hackett

www.sacbar.org

Bench Bar Reception: New Venue, New Sponsor Record

November / December 2013 Sacramento Lawyer

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Editor’s Message

To Everything There Is a Season

As

this issue arrives on your desks, we are on the verge of the holiday season. I join others in the seasonal entreaty to share from your bounty. If you would like a “vetted” recipient of your generosity, several of the affiliate bar associations have agencies for which they are currently raising money or collecting toys. These include: the Wiley Manual Bar Assn, for its 19th annual Oak Park dinner and toy giveaway on December 19th (contact Alana Mathews) and CCTLA for the Mustard Seed School (contact Jack Vetter).

This is the annual “SCBA distinguished lawyer of the year” issue. I cannot say that I knew this year’s honoree, Jean McEvoy, in life, but I am getting to know her now. When I learned of this award, I started looking around for someone to write the cover story. In short order I concluded that, to honor Jean properly, would require more than a single “global” article because she was

different things to different lawyers in our community. To some she was a beloved colleague-in-arms (as in friends linked arm-in-arm). To others – those with a little less grey hair – she was a trusted mentor. In this issue, therefore, we have a short “citation” piece by Heather Hoganson, followed by two remembrances of Jean, one by a longtime colleague, Carlena Tapella, and the other by a lawyer whom Jean mentored, Susan Hill.

About the cover – to a person, everyone with whom I spoke told me that Jean would have hated being honored.

I get it. So to Vicki Jacobs I posed the following question: “What would Jean have wanted for the cover of this issue honoring her?”

Years ago, Jean was a sponsor of the Women’s Wisdom Project, a program founded by Laura Ann Walton and operated by the Sisters of Mercy and then the Sacramento Food Bank. Recently

independent and with Ms. Walton leading its board, it is now Women’s Wisdom Art, Empowerment through the Arts.

The piece on the cover is entitled “The Tree of Life” by Cathy Hackett. With Cathy’s permission, we had to crop the copyrighted piece a little (the full piece is reproduced on page 22, along with information about Cathy and Women’s Wisdom Art). When we knew that this cover was a “go,” Vicki emailed me: “I think Jean would love knowing that, even now, she [is] helping a woman artist and a worthy project get recognition.”

So to come full circle – the holidays are almost upon us. Jean McEvoy was a woman who gave of her bounty.

Write a check or go volunteer at Women’s Wisdom Art, donate to the Mustard Seed School, send – or better yet bring – a toy to WMBA’s co-sponsored Oak Park Community Holiday Dinner & Gift Give-A-Way, or do whatever it is that you do. But do something. Please.

SCBA EXECUTIVE DIRECTOR Mary J. Burroughs

EDITOR-IN-CHIEF Betsy S. Kimball bkimball@kimballwilson.com STAFF EDITORS Heather Cline Hoganson Ellen Arabian-Lee Bryan Hawkins Edward Lester Shaye Schrick SACRAMENTO LAWYER POLICY COMMITTEE Betsy S. Kimball Samson R. Elsbernd Helene Friedman David Graulich Coral Henning Yoshinori H.T. Himel

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COURTHOUSE STEPS steps@sacbar.org DESIGN & PUBLISHING Mary J. Burroughs (916) 564-3780 mburroughs@sacbar.org PRODUCTION DESIGN Shannon Edgar SURFING FROM RIVER CITY Coral Henning (916) 874-6013 chenning@saclaw.org ADVERTISING SALES EVENTS - MEMBER CLASSIFIED ADS (916) 564-3780 reception@sacbar.org

Sacramento Lawyer November / D ecember 2013

By Betsy S. Kimball

OFFICERS Bruce Timm - President Stacy Moak - 1st Vice President BJ Susich - 2nd Vice President Angela Lai - Secretary Treasurer BOARD OF DIRECTORS DIRECTORS AT LARGE Sonia Fernandes David Graulich Susan Hill Jason Jasmine Jeannie Lee Jones Katie Patterson William Schuetz Mark Slaughter Sabrina Thomas SACRAMENTO LAW FOUNDATION Stephen Duvernay, saclawfoundation.org

AFFILIATE REPRESENTATIVES Asian Bar Association Kara Ueda Barristers’ Club Monica Hans Capitol City Trial Lawyers Jack Vetter Federal Bar Association Breann Moebius LaRaza Michael Terhorst Leonard M. Friedman Bar Association Jeff Levine Saint Thomas More Society of Sacramento Herb Bolz Sacramento Lawyers for the Equality of Gays and Lesbians Jeff Edwards South Asian Bar Association Tej Grewal

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE V O L U M E

Table of Contents 1 1 4 ,

N U M B E R

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•

S E P T E M B E R / O C T O B E R

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EVENTS 8 Bench-Bar Reception: New Venue, New Sponsor Record LITIGATION 10 View from the Civil Bench: Howell v. Hamilton Meats & Provisions, Inc., and Corenbaum v. Lampkin: Examining the Policies behind the Decisions and their Future Impact COVER STORY 18 Introducing SCBA’s Distinguished Attorney of the Year, the Late Jean McEvoy 19 Jean McEvoy, Colleague and Friend 20 Jean McEvoy – Mentor Supreme

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ETHICS 26 The Ethical Lawyer, The Rules of Professional Conduct,

Fee Sharing and Splitting 27 MCLE Ethics Test No. 1 SECTION & AFFILIATE NEWS 24 Barristers’ Club Update 25 SacLEGAL 25 Environmental Law Sectio 28 Jean McEvoy Court Service Award DEPARTMENTS 6 President’s Message 14 Law Library News 15 Surfing from River City

16 Book Review 32 Calendar 34 Index to Advertisers

Shama Page 24

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Sacramento Lawyer 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 SCBA 916-564-3780 for deadline information, fax 916-564-3787, or e-mail mburroughs@sacbar.org. Web page: www.sacbar.org.

Caveat: Articles and other work submitted to Sacramento Lawyer become the copyrighted property of the Sacramento County Bar Association. Returns of tangible items such as photographs are by permission of the Executive Director only, by pickup at the SCBA office only.

Wiley Manuel Bar Association Alana Mathews Women Lawyers of Sacramento Nichole Rapier COMMITTEE / SECTION REPRESENTATIVES Lawyer Referral and Information Service Peter Kyung Conference of Delegates Andi Liebenbaum Indigent Defense Panel Kevin Adamson Section Representative Daniel Yamshon Voluntary Legal Services Program Victoria Jacobs SECTIONS Administrative Law Heather Cline Hoganson

Alternative Dispute Resolution Ken Malovos Appellate Law Scott Cameron Bankruptcy & Commercial Law Jamie Dreher Business Law Sarra Ziari Children’s Counsel Diane Wasznicky Environmental Law Andrea P. Clark Family Law Russell Carlson Health Care Kristen Cerf / John Puente Labor & Employment Law Meredith Packer Garey Probate & Estate Planning Donna L. Courville Real Property Ian M. Hunter

Tax Law Ciro Immordino Worker’s Compensation Jason Marcus

Pictorial Directory Herb Bolz Sacramento Lawyer Policy Betsy S. Kimball

COMMITTEES Bylaws BJ Susich Continuing Education of the Bar Taylor Bentley Diversity Hiring and Retention Linda Partmann Electronic Media Herb Bolz / Katie Patterson Fee Arbitration Ken Bacon Judicial Review Philip R. Birney Judiciary Diane W. Wasznicky Membership Kurt Hendrickson

Sacramento Lawyer (USPS 0981-300) is published bi-monthly by the Sacramento County Bar Association, 1329 Howe Avenue, #100,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 changes to Sacramento Lawyer, 1329 Howe Avenue, #100, Sacramento, CA 95825. Copyright 2013 Each author’s commentary reflects his/her individual opinion only and not that of his/ her employer, organization with which he/she is affiliated, or Sacramento Lawyer magazine, unless otherwise stated.

November / December 2013 Sacramento Lawyer

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President’s Message

2013 – A Productive Year for the SCBA

AS

I write my last President’s Message and look back on the incredible efforts of this year’s SCBA Board of Directors, I am extremely proud of all that we have accomplished, despite many challenges. We set out to take an active role in addressing certain critical challenges to the justice system and to increase services and benefits to our members. With those goals in mind, our Board formed the SCBA Court Funding Task Force to be an active voice in the efforts to restore adequate funding to our courts and a mentorship program to work with our

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Sacramento Lawyer November / D ecember 2013

local law schools to assist new lawyers struggling to find suitable work and positive mentors. We put on the First Annual SCBA Golf Tournament at the Del Paso Country Club, held a Spring Member Mixer for members and judges, continued our tradition of hosting our annual Bench-Bar Reception, and facilitated the formation of new substantive law sections.

Thanks to our new Executive Director, Mary Burroughs, the Bar office is now more efficient, productive, and responsive to our members than ever.

Through our new e-newsletter titled

Bruce M. Timm

“This Week at the Bar,” our members are kept apprised of our upcoming activities and services. Additionally, SCBA now has a presence on both Facebook and LinkedIn. All of these accomplishments are due to the hard work and dedication of our Board of Directors. At the beginning of the year, we pledged to ensure that the ultimate authority to run our bar association would rest with our diverse, 30-member Board of Directors. Our Board stepped up to meet the challenge and, despite some long Board meetings lasting well into the night, made the important decisions necessary to achieve our 2013 goals.

On a personal note, it has been an incredible honor to serve as the President of the Sacramento County Bar Association. Through my role as President, I have had the privilege of working on important issues with some of the best members of our profession. This has been one of the best professional experiences of my career. I will always value the friendships formed with so many members of our Board and be proud of our efforts to positively impact the Sacramento legal community.

As we approach the new year, our bar association is in very good hands with incoming President, BJ Susich.

There is no doubt that, with BJ’s leadership, SCBA will continue to thrive.

Thank you so much for the opportunity to serve as your President.

Let’s Be

Friends.

Find us on Facebook: Search Sacramento County Bar Association - SCBA

November / December 2013 Sacramento Lawyer

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Events

Bench-Bar Reception: New Venue, New Sponsor Record

A

fter several years at the California Auto Museum, the Sacramento County Bar Association’s annual Bench-Bar Reception moved downtown this year to the Tsakopoulos Galleria. Though we missed the classic cars, we appreciated the new, beautiful setting, such as the towering granite-like columns that reach toward the five-story vaulted ceiling from which three sparkling glass rings are suspended. Again, attendance was excellent–over 500 people. Again, this year we enjoyed the support of a record breaking number of sponsors: 55, up from a count of 45 last year. These generous sponsors made this event possible. Another first for 2013 was a “state of the court report” for the U.S. Court of Appeals for the Ninth Circuit, from Judge Consuelo Callahan.

On the evening of September 12, 2013, wine, beer, cocktails and food were served at one end of the Galleria, while the Martini Crush Jazz Ensemble performed at the other end, in front of an arched, floor-to-ceiling window. As the sun set, distinguished judges were honored with awards and publicly acknowledged by friends, family and colleagues for their dedicated service to the legal community.

“State of the court” reports were made by Ninth Circuit Judge Consuelo Callahan, Chief District Judge Morrison England, Presiding Justice Vance Raye, and Assistant Sacramento Superior Court Presiding Judge Robert Hight. Christine Jacob, President, Women Lawyers of Sacramento, presented the Karen Pedersen Stevens Scholarship Award.

The Judge of the Year award was presented to Laurie Earl, Presiding Judge of the Sacramento County Superior Court. Receiving the award,

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Sacramento Lawyer November / D ecember 2013

By Herb Bolz and Edward Lester • Photos courtesy of Christina Cortino

Judge Earl remarked that Sacramento County struggled this year to meet the needs of justice with fewer resources.

She expressed her appreciation for the program in which attorneys vol-

unteer their legal services as mediators and arbitrators. Judge Earl observed that 39 courtrooms closed in California this year; she reached out to all lawyers in the audience to remind our sister

WLS President Christine Jacob, Judge Robert Hight, Justice Vance Raye, Judge Laurie Earl, Judge Morrison England, Judge Consuelo Callahan, and SCBA President Bruce Timm

Judge Jim Mize, Justice Ronald Robie, Justice Andrea Hoch, Justice Kathleen Butz, and Justice William Murray, Jr

Monica Hans, Alana Mathews, SCBA President Bruce Timm, and Doug Rothschild

Natalie Bustamante, Katie Patterson, Pamela Hooley, Judge Laurie Earl, and Karen Jacobsen

Reception Committee members Shanae Buffington, Herb Bolz, Elisa Ungerman, Jeannie Lee Jones, Sabrina Thomas, Monica Hans, and Rhonda Harrigan.

Not pictured: Doug Rothschild

Events branch of government, the state legislature, that a fully functioning judiciary needs adequate funding. In closing, Judge Earl stated that her family is her proudest accomplishment, and that as a wife and woman, she is the

luckiest person in the world. This dynamic environment provided a perfect setting for Judge Earl’s call to lawyers and judges to rededicate themselves to work together to improve the quality of justice.

Herb Bolz serves on the SCBA Board of Directors representing the St. Thomas More Society. Edward Lester is an associate attorney with the Law Offices of Mastagni, Holstedt, Amick, Miller & Johnson.

Los Angeles County Superior Court Presiding Judge David Wesley, Judge Laurie Earl, and Los Angeles County Superior Court Judge Lee Edmon. Judges Wesley and Edmon have worked closely with Judge Earl in dealing with challenging judicial funding issues

Patricia Sturdevant, Judge Emily Vasquez, and Judge Raul Ramirez (ret.)

Dean Francis Mootz III and Assistant Dean Tracy Simmons

From left, Kim Pittner, Solymar Herrera, Tony Alves, Brant Nelson, Bianca Saad, Lawrance Bohm, Maria Minney, Victoria Baiza, Bradley Mancuso, and Jennifer Callaghan, all from platinum sponsor Bohm Law Group

Isabella Hannon, Molly Stafford, Justice Louis Mauro, Sarra Ziari, Judge Kimberly Mueller, and Justice Elena Duarte

SCBA President Bruce Timm with Judge Laurie Earl

November / December 2013 Sacramento Lawyer

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Litigation

A View from the Civil Trial Bench Howell v. Hamilton Meats & Provisions, Inc., and Corenbaum v. Lampkin: Examining the Policies behind the Decisions and their Future Impact

By Judge Judy Holzer Hersher

This article represents the thoughts and opinions of the author and should not be considered court policy or the opinion of other trial judges. Comments should be addressed to HersherJ@saccourt.ca.gov.

T

wo years ago the California Supreme Court held that an injured party whose medical expenses are paid by private insurance can only recover damages for past medical expenses equal to no more than the actual amount that the plaintiff’s medical providers, pursuant to the specifics of an agreement, accept as full payment for services rendered, i.e., the “negotiated rate differential.” (Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541, 566 (“Howell”).) The case effectively ended any evidentiary battle at the trial court level as to whether the amounts billed but never paid should be allowed as past medical damages.1 After Howell, there was a flurry of articles and panel discussions about whether the full amount billed was nonetheless admissible for other purposes, such as the amount of possible future medical expenses, or as a touchstone for the award of noneconomic damages for emotional pain and suffering. The Howell court explicitly left these issues open for future consideration. (Howell, supra, 52 Cal.4th at p. 567.)

“Relevancy,” “Reason,” and “Harmony” This past April, the Second Appellate District seems to have put an end to the speculation. It held in Corenbaum v. Lampkin (2013) 215 Cal. App.4th 1308 (“Corenbaum”) that the full amount of an injured plaintiff’s medical billings, as opposed to the amounts actually paid, was irrelevant and therefore inadmissible to prove the

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Sacramento Lawyer November / D ecember 2013

plaintiff’s anticipated future medical expenses, either directly or as the basis of expert testimony. The full amount of the bills was also irrelevant and therefore inadmissible to support an award of non-economic damages, past or future.

The decision has already been used to defeat a request for a hospital lien in another recent appellate decision, State Farm Mutual Automobile Ins. Co. v. Huff (2013) 216 Cal.App.4th 1463, 1471. Read carefully, Corenbaum does not firmly close the door on all arguments regarding the admissibility of the amounts billed by medical providers.

“Because plaintiffs have not shown that evidence of the full amounts of their medical bills was relevant to any other issue, the admission of such evidence was [is] error.” (Corenbaum, supra, 215 Cal.App.4th at p. 1319.)

The law provides for an award of medical expenses that are both incurred and reasonable. It is limited to the lesser of the amount paid or incurred and the reasonable value of those services. (Howell, supra, 52 Cal.4th at p. 556.) According to the California Supreme Court, the reasonableness of the charges incurred is “a term of limitation” and not of “aggrandizement” on the amounts sought.

(Id. at p. 553, cited in Corenbaum, supra, 215 Cal.App.4th at p. 1326.) It is within this framework that the appellate courts have looked, and the author submits will continue to look, at the admissibility of medical billings.

Both Howell and Corenbaum examine the significant and often confusing differ-

ences between amounts charged by medical providers for the same services under different contracts of insurance, and as between insured and uninsured persons.

The state of the market for health insurance coverage, and the confusing array of charges and actual payments, led the Howell court to conclude that “a medical care provider’s billed price for particular services is not necessarily representative of either the cost of providing those services or their market value.” (Howell, supra, 52 Cal.4th at p. 564.)

Corenbaum picks up where Howell left off, at least with respect to future medical billings and non-economic damages where the bills have been subject to a negotiated rate differential. As in Howell, the Corenbaum court examines the nature of allowable future damages in cases. It starts with the rule that injured persons are entitled to recover the reasonable value of medical services that are reasonably certain to be necessary in the future.

(Civ. Code §§3283 [damages may be awarded for “detriment…certain to result in the future”] and 3359 [future damages must be proven with “reasonable certainty”]; Caminetti v. Pacific Mut. Life. Ins. Co. (1943) 23 Cal.2d 94, 103.) It then extends the Howell reasoning, holding that since the full amount billed in the past is not an accurate measure of the value of medical services provided, and because there remain significant disparities between the amounts charged by providers and the actual cost of providing the services, and also because the limitation of reasonable value applies to future as well as past medical expenses, the unreduced past billings cannot form the basis of any

Litigation reasonable value of future medical costs or damages. (Corenbaum, supra, 215 Cal. App.4th at pp. 1330-1331.)

Nor can these unreduced billings support an expert opinion on the reasonable value of future medical services, in part because the amounts are not reliable. Instead, they fall into the category of evidence that is based on speculation or conjecture, which is not admissible and cannot appropriately influence expert opinion. (Id. at p. 1331, citing to Sargon Enterprises, Inc. v. University of Southern California (2012) 55 Cal.4th 747, 770;2 Evid. Code § 801(b) [an opinion must be based on matter of a type that may be reasonably relied upon by an expert in forming an opinion]; and Evid. Code § 802 [allowing trial courts to exclude opinions based on unsupported materials and reasons].)

“We conclude that evidence of the full amount billed is not admissible for the purpose of providing …an argumentative construct to assist a jury in its difficult task of determining the amount of noneconomic damages and is inadmissible for the purpose of providing noneconomic damages.” (Corenbaum, supra, 215 Cal.App.4th at p. 1333.)

Recognizing that attorneys often refer to the amount of economic damages as a “point of reference” in their closing argument with respect to damages for pain and suffering, mental anguish and emotional distress, the Corenbaum court further concludes that for the very same reasons the billings are irrelevant and inadmissible for purposes of establishing reasonably incurred past and future medical expenses, they cannot justify noneconomic damage awards, past or future. This is true even though noneconomic awards are “subjective” and committed to the discretion of the jury. (Corenbaum, supra, 215 Cal.App.4th at p. 1332.)

Why? Jurors are required in making an award “to act reasonably, intelligently and in harmony with the evidence.” (Id. at p. 1332, fn.15, citing Capelouto v. Kai-

ser Foundation Hospitals (1972) 7 Cal.3d 889, 893.) Since the unreduced billings are discordant with the actual evidence of incurred past medical expenses, there is no reasonable or rationale basis to even consider them in making subjective decisions, and there is always the danger of confusing the jury. So that a jury can act reasonably and intelligently and in harmony with the evidence, the Corenbaum court held that no evidence of the pre-rate negotiated differential should be admitted. “… ‘Translating pain and anguish into dollars can, at best, be only an arbitrary allowance, and not a process of measurement, and consequently the judge can, in his instructions, give the jury no standard to go by; he can only tell them to allow such amount as in their discretion they may consider reasonable. …The chief reliance for reaching reasonable results in attempting to value suffering in terms of money must be the restraint and common sense of the jury. … ’[Citation]” (Corenbaum, supra, 215 Cal App.4th at p. 1333.)

So, is there anything left to talk about at the trial level when it comes to medical billings subject to a negotiated rate differential? Is there no other reasonable and appropriate basis for ad-

missibility? Perhaps. As Acting Presiding Justice H. Walter Croskey advised in the decision’s opening paragraphs, the holding is limited to the facts of the case, wherein the appealing party did not show that the evidence of the full amount of their medical bills was relevant to any other issue in the case.

(Corenbaum, supra, 215 Cal.App.4th at p. 1319.) The appellate court also expressly states it is not reaching certain issues. (Corenbaum, supra, 215 Cal. App.4th at p. 1329, fn. 12.) Should it be shown that there are other reasonable and relevant reasons to allow the introduction of the billings, the door remains open, more likely than not with an appropriate limiting instruction, to their introduction. The devil is in the details and whether there is a harmonious basis for admission .

1. The Supreme Court let stand Katiuzhinsky v. Perry (2007) 152 Cal. App.4th 1288, 1295-1296, which did allow in evidence of the full amount billed, because the plaintiffs in that case did not have insurance and therefore remained liable to their medical providers for the full amounts billed.

2. See this author’s discussion of the Sargon decision in the May/June 2013 issue of the Sacramento Lawyer, pp.

8-10, entitled “‘Gatekeepers’ A Dramatic Analogy between Expert Testimony and the Movie Ghostbusters.”

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Sacramento Lawyer November / D ecember 2013

January/February 2013

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Law Library News

Spotlight on the Collection: CPER Pocket Guide Series Mary Pinard Johnson, Public Services Librarian, Sacramento County Public Law Library

T

he California Public Employee Relations Program (CPER), a program of the Institute for Research on Labor and Employment at U.C. Berkeley, performs research on public sector employment relations issues, at both the state and national levels. CPER also provides consultation services and works with other organizations on labor relations, research, and academic projects. Additionally, the program publishes the CPER Journal and a series of Pocket Guides on laws affecting public sector employee relations.

CPER Pocket Guides provide concise information about the various laws relating to public sector labor and employment. This is a large, complicated, and ever-changing area of law, and CPER produces new Pocket Guides when appropriate, and new editions of existing Pocket Guides whenever necessary to ensure the most-up-to-date information is included.

Each Pocket Guide focuses on a particular law or a narrow aspect of public sector labor relations, and provides a detailed discussion of the relevant laws and regulations. The 609 9th Street Sacramento, CA 95814 916-874-6011 www.saclaw.org www.facebook/saclawlib www.twitter/saclawlibrarian

Pocket Guides offer a description of how a particular law works, including details about the application and enforcement of the law, and a description of how the law fits into the complicated web of other related labor and employment laws. Most Pocket Guides include a glossary of terms, as well as summaries of key cases on the topic and the text of the law(s) discussed in the guide.

The Sacramento County Public Law Library collects all of these valuable Pocket Guides. For convenience, we shelve them all together in our General Collection at KFC562.P8. The Pocket Guides in our collection include:

Pocket Guide to Layoff Rules Affecting Certificated Employees (2012)

Pocket Guide to Disability Discrimination in the California Workplace (2011)

Pocket Guide to the Educational Employment Relations Act (2011)

Pocket Guide to Due Process in Public Employment (2013)

Pocket Guide to Layoff Rules Affecting Classified Employees (2012) Pocket Guide to Layoff Rules Affecting Community College Faculty (2012) Pocket Guide to Public Sector Arbitration: California (2004) Pocket Guide to Public Sector Mediation in California (2012) Pocket Guide to the Basics of Labor Relations (2011)

Pocket Guide to the Fair Labor Standards Act (2009)

Pocket Guide to Just Cause: Discipline and Discharge Arbitration (2010)

Pocket Guide to the Family and Medical Leave Acts (2012)

Pocket Guide to K-12 Certificated Employee Classification and Dismissal (2004)

Pocket Guide to the Firefighters Procedural Bill of Rights Act (2012)

Free Service for Attorneys!

Need a case or law review article? Want to see if your case is still “good law?” Email the Reference Desk at reference@ saclaw.org or call 916-874-6012 with a complete citation, and a librarian will email you the document within 24 hours.

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Pocket Guide to the Higher Education Employer-Employee Relations Act (2003) Pocket Guide to the Meyers-Milias-Brown Act (2012) Pocket Guide to the Public Employees’ Pension Reform Act (2013) Pocket Guide to the Public Safety Officers Procedural Bill of Rights Act (2012) Pocket Guide to the Ralph C. Dills Act (2013) Pocket Guide to Unfair Practices:

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Sacramento Lawyer November / D ecember 2013

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Pocket Guide to Workplace Rights of Energy Development on Public Employees (2013) Energy Development on Tribal Lands Tribal Lands Federally-recognized Native Written by attorneys, arbitrators, Federally-recognized Native American communities in California and other communities labor relations profesAmerican in California increasingly exploring the benefits sionals, theseare Pocket Guides a increasingly are exploring theoffer benefits ofofmodern renewable energy wealth of practical information, tips, modern renewable energydevelopdevelopment on lands. energy ment on tribal tribalThey lands.

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NovemberM /M D ecember 2013 LLawyer ARCH /A/APRIL 2013 13 ARCH PRIL 2013SSacramento SACRAMENTO ACRAMENTO LAWYER AWYER 15 13

Book Review

Havana Requiem by Paul Goldstein, the 2013 Winner of the Harper Lee Prize for Legal Fiction (and a holiday gift prospect for your favorite lawyer)

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brilliant lawyer. A man of conscience.

An ex-alcoholic divorcee battling his own inner-demons. Paul Goldstein’s Michael Seeley is a Harvard-trained civil litigator who takes on the U.S. State Department, the Cuban government, and the senior partners at his own prestigious Manhattan law firm to restore the ownership rights of revolutionary songs to the marginalized Cuban artists who composed them.

Havana Requiem is a story that appeals to the idealistic core that motivated many lawyers to endure the grinding work of law school and civil litigation, often to the neglect of their own private lives.

Having returned to his former position as 2nd in command of the litigation department at Boone and Bancroft, Michael Seeley is brimming with the energy and vigor he possessed when trying hundred-million dollar intellectual

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Sacramento Lawyer November / D ecember 2013

By Edward Lester

property lawsuits and back-to-back pro bono cases, only without the alcohol to ensure a smooth transition from Friday to Monday. Seeley’s special passion is helping struggling artists recover copyrights to music sold to publishers at exploitive costs. In Havana Requiem, Seeley reluctantly agrees to help Hector Reynoso, an aging Cuban composer, reclaim the rights to revolutionary songs expropriated by the Cuban government and sold to American publishing companies. The patriotic music he and 14 other revolutionaries helped to create has since become advertising jingles used to sell frozen tacos and shaving cream in America.

When Reynoso disappears, Seeley moves beyond the ivory walls and Persian rugs of his law firm to the sweltering heat of Havana, Cuba, to find him and sign up the 14 other

Book Review

Cuban composers as clients. The novel unfolds as Seeley enlists the support of a mysterious Cuban woman named Amaryll Cruz, who is willing to risk her life to help Seeley locate the composers. A Cuban security police lieutenant named, Piniero, views the revolutionary songs as a threat that could incite an uprising among the indigent Afro-Cuban population. An ambitious policeman, Piniero is willing to commit torture to protect the Cuban government from the perceived threat. A U.S. State Department official, Lynn Metcalf, is nearing retirement and willing to assist Seeley to the extent it does not cause an international incident.

Seeley’s own compelling story unfolds as the pages turn.

It is revealed that he grew up the son of a physically abusive alcoholic father. Seeley has a natural distrust towards authority figures and a sense of compassion for people struggling under oppression. Seeley admires artists because they seek a realm of thought and emotion where there is no authority figure to dictate right and wrong.

The novel is loaded with psychological insights into the mind of a lawyer that would appear to be gleaned from the author’s own successful career as a lawyer and intellectual property professor. The novel is at times philosophical with

respect to the importance of art in human society, comparing it to a multinational business deal in terms of the magnitude a book, song, or movie can have in an individual life.

The real political and historical events provide the novel with substance. Each chapter intertwines the social and political effects starting from the Cuban revolution up to the election of President Barack Obama with Seeley’s own story so as to read like good nonfiction. Over the course of the novel the complex relationship of American business and security interests and the Cuban government is slowly revealed. Meanwhile every chapter holds fictional elements of romance, action, and suspense that keep the pages turning at the pace of a thriller. Goldstein’s Havana Requiem brings the reader into a world that is well-defined and with the use of subtle details appears to be part fiction and part non-fiction. As the recipient of the national Harper Lee Prize for Legal Fiction, it ranks among the best novels written this year.

Edward Lester is a Staff Editor of the Sacramento Lawyer and an associate attorney at the Law Offices of Mastagni, Holstedt, Amick, Miller & Johnson.

November / December 2013 Sacramento Lawyer

17

Cover Story

An Overview of the Sections of SCBA

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addition to a brand new Intellectual Property Section starting this fall, the Sacramento County Bar Association (SCBA) has fifteen currently active sections: Administrative Law, Alternative Dispute Resolution, Appellate Law, Bankruptcy and Commercial Law, Business Law, Childrens’ Counsel, Civil Litigation, Environmental Law, Family Law, Health Care, Labor and Employment Law, Probate and Estate Planning, Real Property Law, Tax Law, and Workers’ Compensation. Separate dues for these sections range from $10 to $20 per year. Sections are governed by a charter, filed with SCBA, and usually have a board of officers ranging from one to seven individuals (a mix of chair, vice-chair, secretary, treasurer, publicity, speaker relations, newsletter, etc.). Annual end-of-year reports to the SCBA update the board of directors on accomplishments or issues for each section.

Typically, sections hold monthly or quarterly meetings, most including an MCLE component. In addition, many sections also host holiday, networking, or speaker appreciation events.

A number of sections are involved in community outreach. The Probate Section donated $2,000 to the Senior Legal Hotline in 2012, while the Administrative Law Section donated $1,500 to the Tommy Clinkenbeard Legal Clinic and $750 to the Voluntary Legal Services Program in 2012.

For 2013, the Administrative Law Section was a sponsor of the Legal Services of Northern California Valentine Run. Sections are also involved in awarding achievements.

The Environmental Section annually gives scholarships to students. In 2012, the Probate Section gave its first ever Court Service Award to Jean McEvoy (see Sacramento Lawyer article, November/December 2012, page 28-29).

And now, the sections themselves: Administrative Law: Brings public and private lawyers together to consider significant issues in the growing field of administrative law. There are approximately 100 members of the Administrative Law Section, both private practitioners and state or local government attorneys who practice in what is commonly referred to as a “niche” area of law. The section alternates between monthly lunches and occasional seminars, including a two-hour writ seminar in February with the four Sacramento Superior Court writ judges, a two-hour privacy vs. public records seminar in May, and a joint half-

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Sacramento Lawyer November / D ecember 2013

day seminar with the Labor and Employment Law Section on the two overlapping areas of law in September, including administrative hearings, procedural updates for civil service commissions, State Personnel Board (SPB), and the Public Employee’s Retirement Board (PERB).

Administrative Law Section Officer Eric Feller presents Bon Voyage Luggage Tag to retiring section officer and state attorney Bernard Lu; Tim Morgan accepts plaque for his prior service as Chair of the Administrative Law Section

Alternative Dispute Resolution: Brings together arbitrators, mediators, and litigators to consider, study, discuss and review all significant issues in dispute resolution.

Appellate Law: Provides a forum for discussion and study of civil and criminal law issues in the field of appellate practice. The section is open to all SCBA members, whether in private practice, government practice or in-house counsel. The Appellate Law Section for many years has hosted a “California Supreme Court Year in Review” with noted scholars weighing in on the court’s trends.

Bankruptcy and Commercial Law: Studies and discusses issues of particular concern to section members, such as local bankruptcy rules, recent developments in bankruptcy and commercial law, and bankruptcy code amendments.

The Bankruptcy and Commercial Law Section hosts a onehour speaker/MCLE luncheon at the Firehouse restaurant the third Wednesday of every month. Recent presentations have included a discussion of Chapter 7 trustee issues by Howard Nevins and Aaron Avery of Hefner, Stark & Marois, LLP and an ethics discussion for bankruptcy lawyers by Toni

Cover Story Darling of the Office of the United States Trustee. The July presentation will be a retrospective of 25 years on the bench

by Chief Bankruptcy Judge Christopher M. Klein.

Business Law: Studies and discusses issues of corporate and securities law. A joint meeting with the soon-to-be Intellectual Property Section is planned for November 18.

Childrens’ Counsel: Studies and discusses issues pertinent to the court appointed representation of children.

Civil Litigation: Introduced via this publication in the March/April 2013 issue, this new section has both a board of directors as well as an advisory board comprised of lawyers, judges, and deans from the UC Davis and Pacific-McGeorge Schools of Law. The section will focus on sponsoring and presenting civil and business litigation educational programs, providing mentoring and networking opportunities, and communicating with the local civil bench and law schools.

Environmental Law: Offers varied and dynamic expert speakers in numerous areas of environmental law.

The Environmental Law Section has more than 150 members, representing both private and public sectors. The section hosts monthly lunch meetings on a wide range of topics relevant to environmental practitioners, including the environmental review process, natural resource regulatory issues, environmental legislation updates, air and water quality, environmental forensics, environmental criminal law, toxicology, smart growth and land use issues, and flood control. Speakers include leading environmental law practitioners and environmental scientists, as well as state and local regulators and legislators.

Family Law: Provides a forum to study all aspects of family law, from the view of CPAs, child custody evaluators, family court services and the bench.

Health Care: Provides a forum for health care lawyers and other lawyers with health care clients to engage in educational and networking activities. Holds evening networking receptions and quarterly luncheon meetings for its members and interested persons. The luncheons feature presenters from the Legislature, regulatory agencies, private practice, and a variety of healthcare related associations.

Luncheon meetings are generally held at the Firehouse Restaurant in Old Sacramento.

Intellectual Property: Still in the inception phase, this new section plans to provide a forum to study and discuss procedural and substantive law issues in the field of intellectual property and the cross-over with other areas of law.

As part of the cross-over, an initial joint meeting with the Business Law Section is planned for November 18. Watch for more information on this emerging section in future issues of the magazine.

Labor and Employment Law: Is devoted to providing an educational and social forum for its members to promote the discussion of various aspects of labor and employment law. The Labor and Employment Law Section is proudly comprised of members engaged in all aspects of labor and employment practice, from employer-side to employee-side to neutral practitioners. The Labor and Employment Law Section hosts monthly luncheons on a wide variety of topics, including mediation in the workplace, PERB and SPB hearing practices, gender in the workplace, hot issues at the NLRB, pertinent legislative activity, pension and healthcare reform, employment termination, and wage and hour issues.

The Labor and Employment Law Section publishes a monthly newsletter on trends in the law and upcoming events. It also provides an opportunity for article submissions. The section is always looking to grow, to provide its members with diverse perspectives, and to foster meaningful working relationships. As mentioned above, a half-day seminar in September will feature a joint meeting with the Administrative Law Section.

Labor Law Section New Officers Jonathan Levy, Chair, Jennet Zapata, Vice-Chair; Peter McEntee, Secretary; and Jennifer Garten, Treasurer.

Probate and Estate Planning: Studies issues in probate administration, estate planning, death taxation, and conservatorships.

Real Property Law: Looks at all regions of commercial real estate law and co-hosts seminars with other relevant sections.

Tax Law: Looks at issues in the fields of federal, state and local taxation and co-hosts with other relevant sections.

The Tax Section acts as a liaison between Sacramento’s taxpracticing community and other tax organizations, such as the Internal Revenue Service, the Franchise Tax Board, the State Board of Equalization, and the Taxation Section of the State Bar of California. The Tax Section disseminates information from those organizations to its members and communicates practitioners’ concerns and problems to them.

(For a recent article, see the March/April 2013 issue of the Sacramento Lawyer, page 14.).

Workers’ Compensation: Discusses procedural use of appropriate forms, required attachments, extensions, emergency hearings and wage loss factors.

November / December 2013 Sacramento Lawyer

19

Section & Affiliate News

SCBA Section Leadership Institute a Success

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he Sacramento County Bar Association in March hosted its first annual Section Leadership Institute at the Sacramento County Public Law Library.

Formally an orientation program for new section chairs, the Section Leadership Institute is an expanded program aimed at growing section success by assisting the leaders of the sections with ideas, context, and practical advice. More than 25 representatives from the SCBA’s 15 sections attended the institute.

Librarian Coral Henning gave section leaders a tour of the facility and its ample meeting space, which is available for section meetings, including space with computers and powerpoint set up. Section Representative Daniel Yamshon spoke on the importance of sections and the role they play in the SCBA organizational structure (see his article on page 19).

Tracey Lundholm, SCBA bookkeeper, stressed the importance of section accounting, and handed out forms for sections to complete when sending in money for deposit or requesting expense checks. Taylor Bently, the new chair of the MCLE committee, explained State Bar mandatory continuing education requirements and how sections can apply for them.

Administrative Law Section Chair Heather Hoganson gave a how-to address on setting up section meetings (see her article on page 20), updating section web pages, and submitting articles, photos, or calendar items to the Sacramento Lawyer. A group discussion followed, which included a lively exchange on how sections could work together on specific projects. Handouts gave attendees follow-up details and a questionnaire was distributed so section leaders could give the SCBA further input for going forward.

Although the Leadership Institute was limited to two persons per section, SCBA Interim Executive Director Mary Burroughs said the bar office was overwhelmed with calls from others wanting to attend. The 2014 Leadership Institute is already in the planning stages, with additional speakers planned and with some great suggestions from this year’s attendees.

Daniel Yamshon did a great job as moderator and humor catalyst. The SCBA would like to thank Coral Henning for providing the venue and Mary Burroughs for the attendee and speaker gift bags.

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Sacramento Lawyer November / D ecember 2013

Section & Affiliate News

Daniel Yamshon, SCBA Section Representative

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Why You Should Join an SCBA Section

oining a bar association section gives members many opportunities beyond membership in the Sacramento County Bar Association (SCBA). The fifteen sections (soon to be sixteen) in the association, ranging from administrative law through workers’ compensation, cover just about all areas of practice and interest for members of the bar. In some respects, the sections do the real work of the association and membership will enhance your skills, providing real involvement in legal affairs that can be obtained nowhere else.

All sections of the bar hold continuing education events, allowing members to keep up on current developments and critical issues as well as helping to meet their MCLE requirements. The sections usually hold their educational events at luncheons, giving members a chance to interact with others in their interest area. The invaluable networking opportunities offered by section membership are enhanced by some of the sections’ social events.

Occasionally, the judiciary requests feedback or comment, or offers a collaborative work-project opportunity, usually relating to a substantive area of law. More than one bench-bar committee has been formed to further this need. In addition, this interaction between the bench and bar sections allows the court to give notice and seek input from section members on proposed rules changes.

The sections serve in an advisory capacity when matters coming before the SCBA board require the specialized knowledge and expertise of section members; thus being active in a section allows lawyers to have a direct influence on the practice of law in their areas. In a similar fashion, sections have the opportunity to review proposed legislation and recommend legislation to the California Conference of Bar Associations, also known as the Conference of Delegates. The SCBA is particularly active in the Conference of Delegates and has real impact on legislation in this state.

Section membership actually promotes several important goals of the SCBA. Among other things, the as-

sociation is dedicated to fostering an engaged, collegial, diverse, and supportive community of dedicated lawyers and to serve as a leader in the civic and legal communities by having a positive impact on issues of importance.

You can find a list of sections at the association’s website, www.sacbar.org or see the article on page 16. If you cannot find a section meeting your needs, the association will be glad to help you form one.

Daniel Yamshon is a Sacramento mediator and arbitrator. He was the founding chair of the SCBA Alternate Dispute Resolution (ADR) Committee before it became a SCBA section. He has been the SCBA section representative since 2008.

Ethical Lawyer continued from page 16

November / December 2013 Sacramento Lawyer

21

Arts Arbitration and Mediation Services Sacramento Mediation Center Programs of California Lawyers for the Arts

BASIC MEDIATION SKILLS TRAINING November 7-9, 2013 This training is open to those who are new to mediation, as well as to those who wish to refresh their skills. Topics include communication and listening skills, the mediation process, confidentiality, neutrality, ethics, and more. For those interested in applying to volunteer on our AAMS and SMC mediator panels, this training is essential.

Thursday, November 7th 5pm-8pm Friday, November 8th 8:30am-5pm Saturday, November 9th 8:30am-5pm

Registration Fee: $595

15 MCLE Approved Credit-hours: $150 (additional) Registration includes materials, refreshments, and light supper on November 7th.

To register contact Bonnie Kneitel bonnie.kneitel@calawyersforthearts.org or 916-441-7979 ext. 105

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Sacramento Lawyer November / D ecember 2013

Section & Affiliate News xxxappearing before the Court for the first time, and how they cappearing before the Court for the first time, and how they c ach, Justice Corrigan candidly urged at

November / December 2013 Sacramento Lawyer

23

Section & Affiliate News

Barristers’ Club Update

The Barristers’ Club of Sacramento Partners with ABOTA for “A Conversation with Supreme Court Associate Justice Carol Corrigan” Luncheon and Hosts Another Successful Summer Associate Reception

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alifornia Supreme Court Associate Justice Carol Corrigan spoke at a September luncheon co-hosted by the Sacramento Valley Chapter of the American Board of Trial Advocates (ABOTA) and the Barristers’ Club of Sacramento. The luncheon is the third annual event co-hosted by the two organizations. Recognizing the import of Sacramento’s most experienced litigators and Sacramento’s newest attorneys coming together, ABOTA and the Barristers’ Club are working to establish this event as an annual Sacramento tradition.

According to event planners, Justice Corrigan wanted to speak in a question and answer format, and graciously agreed to take questions from the audience. Leadership from ABOTA and the Barristers’ Club also solicited questions from their respective memberships in advance of the luncheon. Justice Arthur Scotland (ret.), acting as the Master of Ceremonies, asked questions of Justice Corrigan, along with Ernest Long, president of the Sacramento Valley Chapter of ABOTA, and Amanda Gimbel, Vice President of Programs of the Barristers’ Club. Justice Corrigan was both straightforward and thoughtful, offering her advice on brief writing: keep it focused, take the reader logically through your storyline, make your point first, and oppose the other side’s position secondarily. In terms of surviving oral argument, Justice Corrigan offered that while oral argument generally cannot help you win a case, it can help you lose a case. She also encouraged practitioners to listen to the question, and answer the question asked rather than answering the question you wish had been asked.

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Sacramento Lawyer November / D ecember 2013

By Katie Nystrom

Her most colorful advice came when questioned about the most common pitfalls young lawyers make when appearing before the Court for the first time, and how they can be avoided.

Recognizing that attorneys often skip breakfast on the morning of oral argument because they fear an upset stomach, Justice Corrigan candidly urged attorneys to eat breakfast “because if you throw up, you’re embarrassed; if you pass out, you’re done.”

Judge Winn, Judge Sueyoshi, Justin Delacruz, and Judge Sumner at the Summer Associates Reception

Justice Corrigan answers a question from the audience.

ABOTA and the Barristers’ Club would like to take this opportunity to thank the following generous cosponsors: Anwyl, Scoffield & Stepp, LLP; Matheny Sears Linkert & Jaime, LLP; Porter Scott; Rivera & Associates; Wilcoxen Callaham, LLP; Schuering Zimmerman & Doyle, LLP; and Russ J. Wunderli Mediation Services.

In July, the Barristers’ Club hosted its 21st Annual Summer Associates Reception to honor the summer associates and firms participating in the Sacramento County Bar Association’s Diversity Hiring and Retention Program. These firms hired a first year diversity law student for the summer.

The Summer Associates Reception also celebrates all of our Sacramentoarea summer associates. As always, the event had a tremendous turnout from the local legal community, including summer associates, judges, and attorneys.

Please join the Barristers’ Club in extending a heartfelt thanks to this year’s sponsors: Boutin Jones Inc.; Downey Brand LLP; Flesher Mckague LLP; Kronick Moskovitz Tiedemann & Girard; Mastagni, Holstedt, Amick, Miller & Johnsen; Matheny Sears Linkert & Jaime LLP; Newman & Broomand LLP; Olson, Hagel & Fishburn; Orrick, Herrington & Sutcliffe LLP; Porter Scott; Stoel Rives LLP; VSP Vision Care; Wilcoxen Callaham, LLP; UC Davis School of Law; and University of the Pacific, McGeorge School of Law. Katie Nystrom is an associate at Kronick, Moskovitz, Tiedemann & Girard and the media chair for the Barristers’ Club.

Section & Affiliate News

SacLEGAL Hosts Welcome Dinner for King Hall LGBT Students

By Jeffrey R. A. Edwards

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n August 26, 2013, Sacramento Lawyers for the Equality of Gays and Lesbians (SacLEGAL) hosted a welcome dinner for King Hall’s LGBT law students. UC Davis School of Law Dean Kevin Johnson, Senior Assistant Dean Hollis Kulwin, and Professors Alan Brownstein, Courtney Joslin, and Brian Soucek joined local attorneys to share a meal and welcome the students.

SacLEGAL members, King Hall alumni, and community allies who made the event possible included Rory Allen, Monica Baumann, Nick Clements, Theo Cuison, Jeff Edwards, Pam Jones, Kim Lucia, Mallory Lass, Eric Lunsford, Alana Mathews, Steve Muni, Arlen Orchard, Katie Patterson, Stacey Sheston,

Michael Terhorst, James Tiehm, and Amy Williams.

SacLEGAL is Sacramento’s LGBT bar association, affiliated with the Sacramento County Bar Association.

SacLEGAL’s mission is to promote equality for members of the lesbian, gay, bisexual, transgender, queer, questioning, intersex, and ally (LGBTQQIA) community through strong leadership, legislative advocacy, education, and participation in civic and social activities within the legal community and community at large.

Jeffrey R.A. Edwards is an associate attorney at Mastagni, Holstedt, Amick, Miller & Johnsen.

Jeff Edwards, Mallory Lass, and Kim Lucia

Abigail Mulvihill, Alana Mathews, David Canela, Michael Terhorst, and Theo Cuison

Section & Affiliate News

Environmental Law Section News

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n September 3rd, Environmental Law Section members enjoyed an informative and detailed discussion on the implications of pending revisions to the Industrial Stormwater General Permit. This permit, administered by the State Water Resources Control Board (SWRCB), regulates water discharges associated with industrial manufacturing, processing, and raw materials storage across a wide range of industries.

Katherine E. Wagner of Downey Brand outlined the legal aspects of the current, near-final revision of the permit, and Scott Bourne of Weiss Associates provided technical implementation insights.

By Lucinda Calvo

During the luncheon, members also recognized the leadership of outgoing section chair, Andrea Clark.

In October, the section hosted a joint luncheon with the Real Property section. The luncheon featured a lively discussion of the implications of the U.S. Supreme Court’s recent decision in Koontz v. St. John’s River Management District, which held that in the government land use permitting process, nexus and proportionality requirements apply even when the government denies a permit and even when the demand is for money rather than property.

The section’s November 5 luncheon will feature Professor Stephen McCaffrey

(McGeorge School of Law) speaking on international water law issues, specifically the Kishenganga Arbitration between Pakistan and India. The December 3 luncheon will feature the popular annual update on the California Environmental Quality Act. Luncheons are held at Lucca Restaurant in downtown Sacramento. Information on section events and luncheon registration is available at the section’s SCBA webpage at http://www.sacbar.org/Sections/Environmental.aspx.

Lucinda Calvo practices in natural resources and land use and is Senior Environmental Permitting Analyst at BSK Associates.

November / December 2013 Sacramento Lawyer

25

Profiles

Lawyer Lore:

The Bridge-Building Shama Mesiwala

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here are some successful lawyers whose remarkable talents are not displayed exclusively in courtrooms or boardrooms, and a few whose most significant professional accomplishments are attained outside the litigation and transactional arenas altogether. Local attorney Shama Mesiwala is a fantastic example of just such a high achiever, particularly in terms of building bridges between community organizations and promoting community service.

“I have been fortunate to find a lot of satisfaction in the work I have done as a lawyer and as a judicial attorney,” Shama explained. “But I also find it very gratifying to assist community-based organizations in realizing their full potential.”

That is not to say that Shama has fallen short in demonstrating extensive and capable litigation skills – although she is not one to boast about her track record. Indeed, some research reveals that she began practicing at the Office of the Federal Defender and then spent a few years at the Central California Appellate Program. While working as an appellate advocate, she authored 114 opening appellate briefs in the California Courts of Appeal, not to mention 27 petitions for review, and litigated two cases in the California Supreme Court.

Thereafter, as a judicial attorney for California’s Third Appellate District, Shama has written over 330 draft opinions in civil, criminal, juvenile delinquency, and juvenile dependency cases. If that were not enough, she also found time to author numerous scholarly articles concerning appellate practice and other topics for various publications.

But beyond those impressive professional milestones, Shama has made tremendous contributions to community organizations and to community service – and she has done so in a determined yet gracious fashion. Her unique blend of strong conviction and affable conviviality seems to have served her and her community well – particularly in finding ways for groups and their members to identify common goals and in charting paths to realize their mutual aspirations.

Those who have worked with Shama on such projects report that she is committed to excellence, seldom reticent to speak her mind, and never reluctant to do what is needed to attain positive results. At the same time, they describe her as a colleague who manages to express contrary points of view in a respectful, collaborative, and friendly fashion.

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Sacramento Lawyer November / D ecember 2013

By Brendan J. Begley

“I have enjoyed working on projects with people who come from many different backgrounds and bring to the table many competing points of view,” Shama commented.

“It’s wonderful when everyone can agree on a direction right from the start, but I have learned so much from working through differences with individuals whose ideas for progress were not always aligned with mine initially.”

Perhaps one of Shama’s most notable community endeavors has been her involvement in the South Asian Bar Association of Sacramento (“SABA”), which seeks to promote the professional advancement of attorneys and law students of South Asian decent, including those of Indian, Pakistanian, Nepalese, and Sri Lankan heritage, among others, and to help serve the legal needs of the South Asian community in the greater Sacramento region. Shama cofounded the organization in 2008, was its first secretary, oversaw the association’s growth as its president between 2009 and 2011, and continues to serve as a special advisor to its board of directors.

Clearly SABA and some of the other organizations that Shama has led have a definite cultural identity. However, those groups welcome members from all types of backgrounds – and Shama would not be a part of any would-be community group that excludes individuals on the basis of

Profiles

race, color, religion, sexual orientation, gender, disability or national origin. On the contrary, it is the chance to both teach and learn about different cultures, ways of thinking, cooking, eating, worshiping, sharing and playing that is a big draw for Shama.

“Because they offer such opportunities, I always have seen a lot of value in community organizations,” she recollected. “So I have tried to make time to belong to a few of them, and I was willing to put effort into helping with SABA’s formation.”

Such a modest estimate of the associations she has championed and her role in promoting them is classic Shama.

Well known for understatement when it comes to describing her own accomplishments, she nonetheless can be quite animated when describing a worthy group or when praising the contributions of others.

For example, Shama was a volunteer at the Legal Clinic of Yolo County for eighteen months, where she regularly provided free legal advice to low income individuals and families in West Sacramento. She advised clients on debt collection, consumer complaints, torts, landlord-tenant issues and wills and trusts, and served as the clinic’s acting director until it closed due to a lack of funding. Additionally, she was a team reporter for the Schwartz/Levi Inn of Court, a member of the Anthony M. Kennedy Inn of Court, a committee chair for Women Lawyers of Sacramento, the treasurer for the Sacramento County Bar Association’s Appellate Law Section, and the chair of the Grants Committee for the Sacramento Law Foundation.

Apparently not content to serve as a leader of only bar associations and professional societies, Shama was the president and a member of the board of directors of the Lake Alhambra Estates Homeowners’ Association in Davis. As president of that association, a position that many objective observers likely would see as thankless and tedious, Shama worked at resolving disputes between neighbors, suggesting amendments to bylaws, and establishing sound fiscal policies. On a more spiritual level, Shama was the chairperson of the young-adults committee and a member of the stewardship committee at the Unitarian Universalist Church of Davis – a church she joined so she and her husband could practice together the religions to which they belong, Islam and Christianity, respectively.

“Some organizations are very appealing to me because of their principled ambitions, while other posts I take just because I can see that someone needs to do it,” Shama said.

With a playful laugh implying a small degree of guilty pleasure, she confessed that she sometimes joins community-

based groups “just because I know they will be so much fun.”

High-minded yet good-humored, Shama has led a few organizations that sound downright delicious. Consider her roles in Around the World in 80 Dishes (an international culinary appreciation group) and Bon Appetit (a local culinary appreciation group). Both of those scrumptious-sounding societies are part of the University Farm Circle in Davis, an organization that welcomes newcomers to that area, assists students through scholarships, and provides programs and activities to its members.

Born in California to parents who emigrated from India in their twenties, Shama attended public schools in the Golden State from kindergarten through law school. “I lived in neighborhoods with people from a variety of backgrounds,” she elaborated, “and I was inspired by the diversity of our state and the coming together of our shared values.”

Shama also was inspired by a number of outstanding mentors who helped solidify her strong values and pointed to paths where she could make sound progress toward achieving her lofty goals. She counts among them her parents, Hakim and Rashida Mesiwala, her aunt and uncle, Rafiqua and Moiz Khambaty, her husband, Walter Fulde, her boss, Associate Justice Ron Robie, the former and now retired Third Appellate District Court Presiding Justice Art Scotland, and Central California Appellate Supervising Attorney Linnea Johnson. “Each of these individuals has displayed an exemplary record of work ethic, public service, decency and kindness which has served as an inspiration to me and many others,” Shama recalled fondly.

Renowned for hosting fabulous fundraisers and events at her home, Shama’s superb social and culinary skills, her appreciation for diversity, and her zeal for bridgebuilding reportedly coalesce into a magical time for her guests. Such parties confirm that Shama can make community service an activity that is both rewarding and fun – not only for her and those who attend her galas, but for the diverse individuals and groups who work with her and the myriad of people who are the beneficiaries of her efforts.

With such accomplishments behind her, and many more similar ones surely to come, Shama has become an over-achieving yet most gracious hostess of Sacramento’s Lawyer Lore.

Brendan J. Begley is a former chair of the SCBA Appellate Law Section and head of the Appeal and Writs Group at Weintraub Tobin Chediack Coleman Grodin Law Corporation. He is also a California State Bar certified appellate law specialist.

November / December 2013 Sacramento Lawyer

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Probate Section

The Jean C. McEvoy Court Service Award Goes To …

By Donna Courville Photos courtesy of Stephen Tse

W

ho was that masked man who rode into town on August 22, 2013, and received the Jean C. McEvoy Court Service Award at the Esquire Grill? It was none other than our own Barry Matulich (absent the white stallion). The celebration was attended by approximately 50 guests including judges, attorneys, court staff, family, and friends of the honoree. Barry was thrilled to have his wife, Nancy Matulich, and two of their three children, Kimberlee Johnson and Kevin Matulich, attend the event.

The Sacramento County Bar Association (SCBA) Probate and Estate Planning Section sponsors the Jean C. McEvoy Award to honor and recognize those who selflessly serve the Sacramento County Superior Court, Probate Division, SCBA’s Probate and Estate Planning Section, and the Trusts and Estates Section of the California Bar. Jean McEvoy was the award’s first recipient; Barry is the second. Barry expressed what a difference Jean made in his life and how meaningful it was to receive this award which bears her name.

While presenting the award to Barry, Judge Christopher E. Krueger “unmasked” some of Barry’s highlights and accomplishments as an attorney.

These include serving as (past) Chair of the Probate and Estate Planning Section of the SCBA and working with the Court to establish the Alternative Dispute Resolution program and mediator training program in 2001, acting as a temporary judge, and serving on the Conference of Delegates and on the

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Executive Committee of the Trusts and Estates Section of the California Bar. Barry was born and raised in California. After earning his JD/MBA from Santa Clara University, he moved to Sacramento and worked for a personal injury firm for several years. Ready to forge his own trail in 1995, Barry opened his own law office to fight injustice by helping clients with probate and trust administrations, conservatorship and guardianship proceedings, probate and trust litigation. and elder abuse litigation.

Barry’s love of the Lone Ranger grew from watching the Saturday morning shows and from quizzing coworkers on Lone Ranger trivia as they worked in the Reserve Book Room at

The Jean C. McEvoy Court Service Award recognizes those who devote their time to serving the Court and their fellow members of the Sacramento County Bar Association.

Judge Christopher E. Krueger presented “unmasked” Barry K. Matulich with the award.

CSUS. Barry’s collection of Lone Ranger memorabilia came first as a gift from his wife, Nancy, who had a silver bullet made for him and gave him a copy of the book Who Was That Masked Man. Over the years, friends have added to Barry’s collection. Barry attributes the inspiration of the Lone Ranger and Tonto, helping the disadvantaged for no reason other than to help, as a contributing factor to why Barry continues to sign up to be on the court appointed counsel list.

The Lone Ranger is a fictional character: a masked ex-Texas Ranger who, with his sidekick, Tonto, fights injustice in the American Old West. The character has become an enduring icon of American culture. Like his hero the Lone Ranger, Barry is an enduring attorney who has made Sacramento a better community to practice law.

Donna Courville is of counsel to Boutin Jones Inc. and Chair of the Probate and Estate Planning Section.

The Sacramento County Bar Association administers an arbitration program to assist clients in resolving fee disputes with their attorneys without going to court.

The client does not need to be represented by an attorney to use the arbitration program.

For questions or additional information contact SCBA staff at;

www.sacbar.org 916.564.3780 (Se Habla Espanol)

Attorney Fee Disputes?

November / December 2013 Sacramento Lawyer

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Community Service

A Wish List for the Voluntary Legal Services Program

At

VLSP, we are often asked by prospective volunteers and donors what our areas of greatest need are -- besides funding, of course. Back in 2003, when we last issued such a list, we were looking for a few fancy things like a computer mouse with “scrolling capability” and a “self-correcting” electric typewriter. Although I am the least technologically savvy member of VLSP, I realize that times have changed.

Asking a nonprofit what it needs -- especially in these tight economic times -- runs the risk of opening up a whole Pandora’s Box of possibilities. Still, there are many ways concerned members of the legal community can contribute to our pro bono program that shouldn’t take up too much valuable time or require too much money. The following list summarizes some of the needs our program has at this time:

Vickie Jacobs, VLSP Managing Attorney

1. Volunteers: We are always in need of volunteer attorneys, especially those with some experience in those areas of law most in demand by our low-income clients.

Volunteers are needed for our clinics or to take on a case for direct representation, and especially to act as mentors to the many newly minted attorneys who seek to volunteer with our organization every year. The areas of law where we have the greatest need for experienced volunteers are: estate planning, conservator or guardianships of the person, and family law.

2. Phonathon Callers: Every fall for the past 22 years or so, VLSP has held a fundraising phonathon to raise vitally needed funds for the program. The phonathon raises well over $20,000 annually for VLSP. We are always in need of folks to call other attorneys to solicit funds at our phonathon. People are naturally reticent to do this, but once they participate they enjoy it. If you have a few hours free on October 2nd this year, you could really be of help to our program.

3. Office Items: There are, of course, more tangible items that our program needs to support our ongoing operations. They are: • White copy paper • Individually sized bottled water and snacks (healthy or not) to feed our evening clinic volunteers.

• Gift cards to an office supply store, so that we can purchase printer ink, pens, yellow pads, and the like.

If you would like further information about VLSP, our “wish list” or how you can make a contribution, please contact Managing Attorney Vicki Jacobs at vjacobs@vlsp.org.

We appreciate the ongoing support of so many members of our Sacramento-area legal community in delivering essential legal services to the low-income members of our community.

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November / December 2013 Sacramento Lawyer

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NOVEMBER 1 - Lawyer Referral Service Monthly Board Meeting held at the SCBA Conference Room. CONTACT: Peter Kyung at pkyung@carsonkyung.com or at 916-241-3336 12:00 PM to 1:00 PM SCBA 1329 Howe Avenue, Suite 100.

CONTACT: Tamara Inclan c/o SCBA 1329 Howe Ave., Ste 100, Sacramento (916) 564-3780 or email: tinclan@sacbar. org. 12PM tp 1:30PM at The Firehouse Restaurant, Golden Eagle Room - 1112 Second St. Sacramento.

NOVEMBER 5 - Environmental Law Section Luncheon.

SPEAKERS: “TBD” CONTACT: Stephanie Taylor at staylor@taylorwiley.com or 916-929-5545 at Lucca Restaurant - 1615 J Street.

NOVEMBER 21 - Administrative Law Section. “Holiday Event” SPEAKER: featuring a Q&A session with Associate Justice Ron Robie of the Court of Appeal, 3rd Appellate District. RSVP/CONTACT: Mary Burroughs at 916-564-3780 X 210 or mburroughs@sacbar.org. 5 PM to 7 PM, Location TBD.

NOVEMBER 5 - Family Law Section Luncheon. “What I Thought I Knew....But Didn’t”. SPEAKER: Hon. Bunmi Awoniyi.

RSVP by 10/31/13 CONTACT: Lindie Newlin at Lindie@ divorcewithrespect.com. 12 PM to 1 PM at The Dante Club 2330 Fair Oaks Blvd.

NOVEMBER 5 - Womens Lawyers of Sacramento. A Reception In Honor of the CA Supreme Courts Return to the Stanley Mosk Library & Court’s Building. Hors d’oeuvres & wine will be served CONTACT: M. Eriksen at meriksen@boutinjones. com or 916-321-4444. 5 PM to 7 PM Stanley Mosk Library and Courts Bldg - 914 Capitol Mall.

NOVEMBER 7 - MCLE Monthly Meeting. CONTACT: Tamara Inclan at tinclan@sacbar.org or 916-564-3780. 12 PM to 1 PM at SCBA 1329 Howe Avenue, Suite 100, Sacramento.

NOVEMBER 13 - Business Section Luncheon. Joint Event with the New IP Section TOPIC: Hot Topics in Advertising Law; Advising Your Clients on Internet, Social Media & Privacy Issues, SPEAKER: Scott Pink, DLA Piper RSVP & CONTACT: Sarra Ziari at sziari@pacific.edu or fax 916-739-7279. 12 PM to 1:15 PM at The Firehouse Restaurant.

NOVEMBER 21 - ADR Section Luncheon. “Mediation Ethics From the Plaintiff’s Viewpoint” SPEAKER: Steve Davids.

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DECEMBER 3 - Environmental Law Section Luncheon.

SPEAKERS: “TBD” CONTACT: Stephanie Taylor at staylor@ taylor-wiley.com or 916-929-5545. 11:45 AM to 1 PM at Lucca Restaurant - 1615 J Street DECEMBER 5 - MCLE Monthly Meeting. CONTACT: Tamara Inclan at tinclan@sacbar.org or 916-564-3780. 12 PM to 1 PM at SCBA 1329 Howe Avenue, Suite 100, Sacramento.

DECEMBER 6 - Lawyer Referral Service Monthly Board Meeting held at the SCBA Conference Room. CONTACT: Peter Kyung at pkyung@carsonkyung.com or at 916-241-3336 12:00 PM to 1:00 PM SCBA 1329 Howe Avenue, Suite 100.

DECEMBER 9 - 2013 SCBA Annual Meeting. CONTACT: Martha Fenchen (916) 564-3780 x206 or reception@sacbar.org. 11:30 AM, Sheraton Grand Hotel, 1230 J St. DECEMBER 14 - WMBA is co-sponsoring the 19th Annual Oak Park Community Holiday Dinner & Gift Give-A-Way with the Lights of Tomorrow Foundation. Oak Park Community Center.

January 1 - Submission deadline for March/April issue of Sacramento Lawyer Magazine.

November / December 2013 Sacramento Lawyer

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Index of Advertisers Page 31 ADR Services .......................................................

Page 15 American Society of Appraisers ............................

Page 31 Barbara Como Reporting ......................................

Page 33 Buzz Wiesenfeld ..................................................

Page 2 Crowe Horwath ....................................................

Page 7 Darrel W. Lewis ...................................................

Page 12 Mortgage Serivces .................................................

Page 17 Family Law Center ..............................................

Page 6 House Kitchen & Bar ..........................................

Page 3 JAMS ..................................................................

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

Page 3 Joe Genshlea Law and Mediation .........................

Page 34 Ken Malovos .......................................................

Page 13 Northern CA Collection Service .............................

Page 29 Ramirez Arbitration & Mediation Services ..........

Page 34 Rulands .............................................................

Page 14 Sacramento Law Library .....................................

Page 22 Sacramento Mediation Services ..............................

Back Cover SCBA Annual Meeting ..........................................

Page 23 SCBA Bench Bar Reception .................................

Page 35 Thomson Reuters ...............................................

Page 33 Ueltzen & Company .........................................

Page 16 Western Health Advantage ....................................

Classifieds Index of Advertisers ADR Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 23 American Society of Appraisers . . . . . . . . . . . . . . . Page 13 Bell & Co. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 15 Berding Weil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 34 Buzz Wiesenfeld . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 31 Charr Crail Photography . . . . . . . . . . . . . . . . . . . . Page 20 Darrel W. Lewis . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7 Embassy Suites Riverfront . . . . . . . . . . . . . . . . . . . . Page 9 Family Law Center . . . . . . . . . . . . . . . . . . . . . . . . . Page 31 House Kitchen & Bar . . . . . . . . . . . . . . . . . . . . . . . . Page 6 Joe Genshlea Law and Mediation . . . . . . . . . . . . . . . Page 3 JAMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3 Jay-Allen Eisen Law . . . . . . . . . . . . . . . . . . . . . . . . . Page 7 Ken Malovos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20 Milenko Design . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 33 Nielsen & Geenty . . . . . . . . . . . . . . . . . . . . . . . . . . Page 34 Northern CA Collection Service . . . . . . . . . . . . . . . Page 11 Porter Scott . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20 Ramirez Arbitration & Mediation Services . . . . . . . Page 27 SCBA Golf Tournament - June 17 . . . . . . . . . . . Back Cover SCBA Spring Mixer - May 21 . . . . . . . . . . . . . . . . . . Page 2 Sacramento Law Library . . . . . . . . . . . . . . . . . . . . . Page 12 Scorpion Design . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 35 Thomson Reuters . . . . . . . . . . . . . . . . . . . . . . . . . . Page 25 Ueltzen & Company . . . . . . . . . . . . . . . . . . . . . . . Page 20 Western Health Advantage/Hutchison Financial . . . Page 31 Women Lawyers of Sacramento . . . . . . . . . . . . . . . Page 21 Wilner & O’Reilly Immigration Lawyers . . . . . . . . . Page 15

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OFFICE AVAILABLE: Suitable for sole practitioner with focus on civil litigation, trusts, wills, taxation, real estate or business.

The office is near Cal Expo, close to all courts, includes copier, janitorial services, alarm and wired phone system. It includes ample free parking and easy access for elderly and disabled clients. Rent is $625 per month. Three other attorneys are currently in the suite, each with more than 30 years experience in estate planning, elder law, civil litigation and taxation. Telephone (916) 927-9001 kttyhughes@aol.com or (916) 927-7773 akbardel@aol.com OFFICES IMMEDIATELY AVAILABLE in garden court building across from county law library and one block from county courthouse. Suite for 5-7 attorney firm and sperate individual office. Parking adjacent. Fully serviced. Contact Mike Muljat or Zack Gossell at (916) 920-4400 WEAVE, Inc. (www.weaveinc.org) is seeking a family law attorney to provide legal services to victims of domestic violence on a sliding scale, including but not limited to securing domestic violence restraining orders, custody, marital dissolution, and spousal support cases; must be able to coordinate volunteers providing direct services and teaching workshops. Will oversee development and preparation of project data and reports, including grants and new funding. Attorney will collaborate with legal advisory committee and Executive Director, set program priorities and policies and procedures, etc.

Qualifications: Member in good standing of California State Bar. 3-4 years as attorney in family law. Ability to work with victims of domestic violence who are in crisis. Experience with diverse cultures.

SACRAMENTO COUNTY BAR ASSOCIATION MAGAZINE

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

SAVE THE DATE The Sacramento County Bar Association Invites You to Our Annual

Bench-Bar Reception Thursday, September 12, 2013 • 6:00 - 9:00pm Tsakopoulos Library Galleria 828 I Street, Sacramento, CA 95814

Honoring Laurie M. Earl as Judge of the Year Appetizers • Hosted Bar • Jazz Combo Tickets: $30 for SCBA members, $50 for non-members, $20 for law students After September 5th, all ticket prices increase by $5 RSVP to Reception@sacbar.org or call 564-3780 x 200