Q2 North County Lawyer Magazine

Page 1


By: Stephanie S. Germani, Esq.

Published by the North County Bar Association

Phone: (760) 758-5833

E-mail: info@northcountybar org www.northcountybar.org

P.O. Box 2381, Vista, CA 92085

© 2023 North County Bar Association

Board of Directors

Suzanne Skolnick, President

Jess Booth, Vice President

Erica Bloom, Vice President

Rima Khoury, Vice President

Angela Medrano, Director

Katharine Tremblay, Director

Avneet Sidhu, Director

Hon. Harry Powazek (Ret.), Director

Alan Mansfield, Director

Reid Chambers, Director

Gary Cunneen, Director

Staff:

Camden Retzlaff, Executive Director

Our mission is to promote professional excellence, camaraderie, philanthropy, and community outreach.

NORTH COUNTY LAWYER

2025 Q2

2025 SUSTAINING MEMBERS

To be a "Gold" or "Silver" Sustaining Member, a member pays the regular dues for the appropriate category, plus an additional $500 or $200 per year. Members are recognized in each North County Lawyer Magazine publishing and on the bar's web page.

Gold

Edward Burns, James Bush, Darwin Bustarde, Paul Camp, Howard Franco, Michael Friedrichs, Thomas Grimes, Robert Jackson, Michael Klein, Daniel Martin, Jodi Schnoebelen, Debra Streeter

Silver

Lesly Adams, Erica Bloom, Melissa Bustarde, Amber Crothall, Susanne De La Flor, Carline Fonseca, Rich Gaines, Russell Kohn, David Larkin, Gregory Lievers, Sue Loftin, Reid Kelly, Jacqueline Skay, Joseph Stine, Nicole Varela, Herbert Weston, Tanya Weston

Caron Calabrese, Esq., Editor

Camden Retzlaff, Executive Director

Editorial Committee:

Lesly J Adams, Esq , Darwin Bustarde, Esq , Ruth Marvin Webster, Esq., Bill Kamenjarin, Esq., Larry Campitiello , Esq., and Stephanie S. Germani, Esq.

The North County Lawyer Magazine is published quarterly by the North County Bar Association Subscriptions, articles, photos and advertising should be submitted to: North County Bar Association, P O Box 2381, Vista, CA 92085 or info@northcountybar.org, or (760) 758-5833. The subscription rate for non-members is $40 per year. Deadline for submissions is the 10th of the month prior to publication The North County Lawyer reserves the right to edit all submissions

5 Editor's Letter

Caron Calabrese, Esq

6 President's Perspective Suzanne Skolnick, Esq.

8 NCBA Joins other Bars to Support the Rule of Law

9 Tales from the Trenches: Handling Client Surprises Staff Reports

13 Why Do I D.E.I?

Darwin Bustarde, Esq

17 Lopardo Inn of Court

Bill Kamenjarin, Esq.

18 Judge’s Perspective: Judge Harry Powazek on NCBA

Hon. Harry L. Powazek (Ret.)

22 Botched Bar: An Update on the Status of the California Bar Exam

Stephanie S. Germani, Esq.

27 Civil Law Update - Part 2 Wayne Templin, Esq

32 Summer Reading Recommendations

36 Get to know the new NCBA Intern, Kydall Krebs Camden Retzlaff

42 In Memoriam: Vik Chaudhry

Caron Calabrese, Editor (858) 598-5552

caron@cawoodwardlaw.com

L E T T E R

This issue features an update on the status of the California Bar Exam. After covering this topic in our last issue, the state administered a chaotic attempt at the exam that has been an unquestionable failure, leaving lots of confusion about this process. Stepanie Germani has spoken to test-takers and reports on what is next

Darwin Bustarde gives us his take on D E I and what it means to him

Judge Powazek gives a personal and thoughtful commentary on the NCBA, and colleagues share their “surprise” client stories and how to handle potential pitfalls. Wayne Templin offers more updates on new civil laws in 2025, and we get to meet our new NCBA marketing intern, Kyndall Krebs. We also say goodbye to our friend and colleague, Vik Chaudhry.

My favorite feature, our Summer Reading Recommendations, is back and this issue has a fun twist, which is very timely and will hopefully make you think We will have more reviews in our next issue, so please send me any you would like to include!

Until then, have a safe and fun summer!

The first four months of my NCBA Presidency have been a whirlwind of educational CLE seminars, community outreach experiences, and fun social events, all of which have enriched my professional development and strengthened my connections with our North County Bar Association community While attending these events, I am reminded that the strength of the North County Bar Association lies not just in the excellence of its members, but in our willingness to show up for each other, for the profession, and for the community we serve. Our organization has many more exciting events planned soon, so I encourage each of you to step out from behind your caseloads and reconnect. Whether you are a seasoned practitioner or a new admittee, these gatherings aren’t just social they are opportunities to grow.

In February, the NCBA held a “Paint and Sip” event at Hey JoJo Productions’ studio in Solana Beach. Many thanks to Jolene Dodson Bogard (“Jojo”) for allowing our NCBA group to use her local community theater studio for our event. I learned during the event that even without an artistic bone in my body I could still create a decent painting of a wave while simultaneously developing my networking skills! Art instructor Scott Stiles deserves special

thanks for his patience in guiding our group of novice painters through the evening

In March, the San Diego County Superior Court, North County Division hosted their 20th annual “Youth in Court” and “On My Honor” mock trial and educational programs for over six hundred students from our North County community. Many of our NCBA members volunteered at the event. It is easy to see how this program has consistently been a success in educating the youth of our community Our dedicated North County Judges devote countless hours organizing and participating in these vital programs Vista Courthouse staff work hard with Member Irene Stewart and other NCBA member volunteers to manage the logistics of moving over six hundred students through our courthouse while also ensuring day-to-day courthouse operations function smoothly. It is truly an impressive feat!

Our NCBA March Mixer at the Privateer Marketplace in Oceanside was an enormous success. Many thanks to Donovan Filpi of the Merrill Lynch Special Needs Team for sponsoring the event. It was great seeing many familiar faces, as well as meeting for the first time San Diego County Superior Court Commissioner Steven Berenson and law student Anahit Urfalyan The NCBA’s mixers are a wonderful opportunity to get to know other legal professionals in the community while supporting our local businesses

The NCBA has held many continuing legal education events this year on a variety of legal topics Glenn Arnold of Voit Real Estate Services spoke at our April dinner event on the

topic of family-owned commercial real estate transition and succession planning Attorney Whitney Betts shared her knowledge on identifying and managing vicarious trauma to the Personal Injury Section and the Family Law Section hosted CEO and creator of XSpouse software, Borden Harasymiw

Many more opportunities for NCBA members to learn, engage, and reconnect are on the horizon, including, among others: May Faire on May 15th, the June Bench & Bar Dinner on June 12th, and the NCBA Golf Tournament on September 26th. I hope to see you all there!

Suzanne Skolnick 2025 NCBA President

North County Bar Association of San Diego joins the ABA and Bar organizations’ statement in support of the rule of law

We the undersigned bar organizations stand together with and in support of the American Bar Association to defend the rule of law and reject efforts to undermine the courts and the legal profession

In particular, as outlined by the ABA:

We endorse the sentiments expressed by the chief justice of the U S Supreme Court in his 2024 Year End Report on the Federal Judiciary, "[w]ithin the past year we have also seen the need for state and federal bar associations to come to the defense of a federal district judge whose decisions in a high-profile case prompted an elected official to call for her impeachment Attempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed "

We support the right of people to advance their interests in courts of law when they have been wronged We reject the notion that the U S government can punish lawyers and law firms who represent certain clients or punish judges who rule certain ways. We cannot accept government actions that seek to twist the scales of justice in this manner

We reject efforts to undermine the courts and the profession We will not stay silent in the face of efforts to remake the legal profession into something that rewards those who agree with the government and punishes those who do not Words and actions matter And the intimidating words and actions we have heard and seen must end They are designed to cow our country's judges, our country's courts and our legal profession

There are clear choices facing our profession We can choose to remain silent and allow these acts to continue or we can stand for the rule of law and the values we hold dear We call upon the entire profession, including lawyers in private practice from Main Street to Wall Street, as well as those in corporations and who serve in elected positions, to speak out against intimidation

If lawyers do not speak, who will speak for our judges? Who will protect our bedrock of justice? If we do not speak now, when will we speak? Now is the time. That is why we stand together with the ABA in support of the rule of law

TALES FROM THE TRENCHES TALES FROM THE TRENCHES

WhenClientsSurpriseTheirAttorneys –AndHowtoRespond

Mbalance ethical duties with personal well-being –especially when clients spring unexpected surprises

The legal profession’s unique stressors: chronic workloads, ethical complexities, and the emotional toll of client relationships are only intensified when clients’ actions upend cases and test boundaries

Recent studies show lawyers are twice as likely as the general population to ay is Mental Health Awareness Month, a timely reminder that attorneys must

experience suicidal ideation, with stress levels directly correlating to increased risk. Burnout is a real threat, costing firms up to $500,000 per lost lawyer, and 56% of attorneys working 50+ hours per week report chronic stress Against this backdrop, managing client surprises with professionalism and a focus on wellness is essential

Surprise #1: The “Blind” Client BehindtheWheel

A California attorney once accommodated a client who claimed to be blind, arranging for phone calls, reading documents aloud, and

allowing her daughter-in-law to assist.

The ruse unraveled when the client -- who was driving at the time -- took a call from the attorney. When confronted about how the blind client was driving, the client sheepishly admitted, “Well, I shouldn’t be.” This kind of deception not only disrupts the attorney-client relationship but also raises concerns about the client’s credibility and the integrity of the case. How to Handle It:

Document Everything: Keep detailed records of all accommodations and communications. This creates a paper trail in case the client’s misrepresentations become relevant later.

Address the Issue Directly: Use neutral, non-accusatory language to clarify the facts with the client. If the deception affects the case, explain the potential consequences and your ethical obligations.

Reassess Representation: If trust is irreparably broken or the client’s conduct could compromise your ethical duties, consider whether continued representation is appropriate under California’s Rules of Professional Conduct. Rule 1.4 mandates clear communication, and Rule 1.16(b) allows withdrawal if the client persists in a course of action involving the lawyer’s services that the lawyer reasonably believes is criminal or fraudulent.

Surprise#2:TheEleventh-HourDiscoveryDump

After months of requesting documents in discovery, a California attorney was stunned when, on the eve of trial, the client announced he’d found all the requested materials under

his bed. Such late disclosures can jeopardize a case, strain court deadlines, and undermine the attorney’strialstrategy.

How to Handle It:

Set Clear Expectations Early: At the outset, explain the importance of timely and complete disclosure. Reinforce this throughout the case.

Create a System for Reminders: Use written checklists and follow-up communications to remind clients of their obligations and deadlines.

Mitigate the Damage: Immediately assess the impact of the late discovery. Notify the court and opposing counsel as required, and seek remedies if necessary to minimize prejudice to your client’s case.

Under Rule 3.3(a)(3), attorneys must take reasonable remedial measures upon iscovering false evidence or incomplete disclosures.

Surprise#3:TheHiddenHouseinBankruptcy

In a bankruptcy case, a client failed to disclose ownership of a house, a fact that only emerged during the 341 meeting with the trustee. Omissions like this can lead to severe consequences, including dismissal of the case, sanctions, or even criminal liability.

How to Handle It:

Educate the Client: From the beginning, stress the importance of full disclosure and the legal risks of hiding assets.

Verify Information: Where possible, independently verify critical facts through public records or other means.

Correct the Record Promptly: If a surprise arises, take immediate steps to amend filings and disclose the information to the court and trustee, demonstrating good faith.

Consider Withdrawal: If the client’s conduct is fraudulent or criminal and cannot be remedied, ethical rules may require you to withdraw from representation. Under Rule 1.2(d), attorneys cannot assist in fraudulent conduct, and Rule 4.1(b) requires prompt correction of any material misstatements

Surprise #4: The Millionaire Deadbeat -- When WealthyClientsStiffTheirLawyers

Not all client surprises are limited to deception or hidden evidence. Sometimes, the shock comes from the very clients who appear to have it all. One attorney recalls representing a particularly notorious client whose public image and apparent fortune belied a much darker pattern behind the scenes.

This client, a minor historical figure from the 1950s, was an heir to a prominent hotel chain fortune, properties that included iconic Los Angeles venues and legendary nightclubs. He moved in elite circles and even landed on the

cover of a national magazine during a scandal that shook Washington. His connections were so powerful that they triggered congressional hearings, changing the course of political history.

Despite his wealth and high-profile ambitions, including dabbling as a film producer and distributing risqué movies, this client was notorious for breaching contracts and refusing to pay vendors. The attorney represented him in multiple lawsuits, each time facing the same frustrating pattern: The client would delay, distract, and ultimately dodge payment of both litigation costs and attorney fees. Even after settling an eightfigure lawsuit, the client continued to evade his financial obligations, leaving the law firm unpaid for hundreds of thousands of dollars a habit he reportedly repeated with other firms.

The moral for attorneys? Don’t be deceived by a client’s apparent wealth or social standing

especially when they hesitate to pay your fees. Even the most glamorous clients can become the most infamous surprises.

How to Handle It:

Vet Clients Thoroughly: Don’t let a client’s reputation or fortune replace due diligence. Run credit checks and review litigation histories before accepting representation.

Require Upfront Retainers: For clients with a history of payment delays, insist on significant retainers and replenish them before continuing work.

Document All Fee Agreements: Use clear, written fee agreements and send regular statements to minimize disputes.

Know When to Withdraw: If a client repeatedly fails to honor financial commitments, California’s Rules of Professional Conduct allow for withdrawal, protecting both your firm and your wellbeing.

IntegratingWellnessandProfessionalism

Stories like these highlight how unpredictable client behavior can directly impact attorney stress, job satisfaction, and even mental health. The betrayal of trust exacerbates compassion fatigue, and repeated dishonesty can diminish professional satisfaction. For example, 83% of lawyers cite “inability to disconnect” as a major stressor, and 38% report depression symptoms. As attorneys navigate the unique pressures of the profession, especially during Mental Health Awareness Month, it’s crucial to combine

strong ethical boundaries with proactive wellness strategies. By learning from the most infamous surprises, California lawyers can better protect themselves-professionally, financially, and personally-while upholding the standards of the legal profession.

Editor’s Note: These real-life cautionary tales were provided by NCBA lawyers, but in an abundance of caution and in accordance with ABA-issued Opinion 511, the editorial committee has removed identifying information. This Opinion was issued last year and stated: ABA Standing Committee on Ethics and Professional Responsibility addressed the prevalence of listservs, particularly with regard to the duty of confidentiality. Opinion 511 concludes that lawyers may not post questions or comments relating to a client representation on a listserv, even as a hypothetical, “without the client’s informed consent if there is a reasonable likelihood that the lawyer’s questions or comments will disclose information relating to the representation that would allow a reader then or later to infer the identity of the lawyer’s client or the situation involved.”The opinion also observes that client consent is not needed to discuss “legal news, recent decisions, or changes in the law,” if the lawyer’s comments are not otherwise reasonably likely to allow others to identifyconfidentialinformation.

Thank you to the lawyers who shared their clientstories–youknowwhoyouare!

WHY DO I DEI?

H I N T : I T ’ S N O T A 4 - L E T T E R W O R D T O M E , I T ’ S A B O U T H A V I N G F U N B Y L E A R N I N G

I have had the pleasure of being involved with the North County Bar Association for many years.

During my time on the NCBA’s Board of Directors, our Diversity, Equity and Inclusion (DEI) initiative became a focus and point of pride for the organization. Meanwhile, over the past couple years, criticisms of DEI policies have grown.

Admittedly, I have also questioned the “fairness” of DEI type policies in regards to hiring practices, school admissions, etc. When I

applied to colleges, there was a rumor among my Asian friends that we would improve our chances to get accepted into college by appearing less “Asian” on our applications, i.e. emphasize team sports like football and other activities that AsianAmericans were not normally associated with, as opposed to activities like tennis or the piano. When I was applying to colleges, I was not aware of the term DEI. I just thought to myself that it would not be very fair if, as a Filipino who sort-of

played piano, I was passed over in favor of a student from another group that was not as well-represented in highereducation. As it turns out, DEI policies had nothing to do with what college I got into or what job I got after law school.

So, flash forward to a few weeks ago when the magazine committee put out a call for someone to write an article on DEI. I immediately was interested in contributing something, but hesitated in volunteering Kind of ironically, I worried that writing about DEI might turn off and alienate me from those who don’t like DEI.

I decided to write this article for two reasons. I really enjoy puto. Yes, you read that right. The second reason is that DEI has become a cultural flashpoint, drawing praise from some and skepticism from others. In my view, DEI at its best is not a controversial or even novel idea. At its core, DEI is simply a modern application of a very old and universal principle: the Golden Rule.

Puto: A Rice Cake and a Reminder that Diversity is Everywhere

First, whenever I can I like to express my odd sense of humor. Just know that I am not using the word puto in the way you might be thinking.

In Tagalog, the word puto refers to a beloved Filipino delicacy a semi-sweet, steamed rice cake that’s often

served with savory dishes or as a treat. I enjoy it heated with a little butter on top If you visited a Filipino household, you probably heard someone happily offer, “Would you like some puto?”

But imagine you’re visiting a Spanish-speaking household. In Spanish, p**o is a rather spicy word definitely not something you’d expect to read in an article read by a bunch of professionals. In fact, if you heard it in public, you might be looking to see if a fight was about to happen. I didn’t learn that it was a bad word in Spanish until I was an adult. It was a grand epiphany. Many slightly odd interactions when I was a kid were explained in an instant.

I remember one birthday party in particular. It was for my Mexican-American friend and we were in the 4th or 5th grade I brought some puto to share at the party and proudly told my friend’s mom what it was. She gave me look like she thought I was trying to be funny. I repeated myself and said, “it’s called puto, I like it with butter.” I don’t know if she believed me. I just that I wondered if I offended the mom for bringing a dish to share. I actually got a little mad at my parents for making me bring the food. Maybe it wasn’t a potluck.

After that party, the mom never said anything about it whenever I visited her house. I

noticed though that she sometimes would give me an occasional look that I could never quite figure out and she definitely seemed to hover around a little more than other parents.

P**o is a horrible word in Spanish. If I said it using its Spanish language meaning I would offend people. Conversely, when I share its meaning in Tagalog with my Spanish-speaking friends that tends to open up doors and pleasant conversations about food. I focus on the wordputo as a tasty reminder for us to focus on the positive of something that might also cause a negative reaction in others.

Sometimes offense is taken where none was intended and sometimes misunderstanding is a twoway street. A DEI-aware mindset helps us create space for those clarifying conversations that build bridges instead of walls.

Diversity is a very positive thing that shouldn’t be used to exclude anyone.

Inclusion: DEI Isn't Just About Minorities—It's About Everyone's Story

Another common misconception about DEI is that it’s only for certain groups. The buzzwords diverse hires, minority outreach, cultural awareness can make it seem like DEI is just about amplifying historically underrepresented voices, and only those voices. While that’s certainly part of the picture, it’s not the whole story.

DEI done right is not about narrowing our focus. It’s about expanding it. Everyone brings a unique heritage, perspective, and set of experiences to the table. Including as many people as possible can create workplaces and teams where people feel safe and proud to share what makes them them. Whether it’s a veteran

employee whose military background gives them a particular sense of discipline, a second-generation immigrant sharing stories of their grandparents, or someone from a rural farming community with insights into hard work and resourcefulness DEI makes space for those stories. It says, we see you and value what you bring.

At its best, DEI transforms “mandatory sensitivity training” into a genuine celebration of the people behind the job titles. It becomes a way to make companies more human, more innovative, and, as a result, more successful.

According to a Bain & Company study, inclusive organizations have an easier time to attract talent across demographics. Employees who experience low inclusion are six times more likely to actively pursue new jobs compared to employees who experience high inclusion. Employees who view their employer-organization as both diverse and inclusive where most likely to feel comfortable brining new ideas to the table.

Forbes compiled a list of 15 benefits of DEI. Here are some of them: Highly inclusive companies are more likely to hit their financial target goals by up to 120%; Promoting and recognizing diversity

MELISSA & DARWIN BUSTARDE

allows a company to reach a wider more diverse audience (i.e. customers).

Where this leaves me is that diversity is great to learn about the possibilities that are out there, and inclusion helps incorporate what you learn about diversity into your organization or practices. Doing these things advances the bottom-line, which is why I don’t think criticisms of DEI don’t really target the diversity or inclusion parts of it. What seems to bother people is the “equity” part as many view it as getting away from meritocracy based standards Calling “equity” unfair is odd to me, and seems to make the discussion on equity unnecessarily complicated.

Equity = Golden Rule

Out of the three words that make up DEI, probably the most controversial term is the equity part of the concept I define equity as being fair.

For me the Golden Rule is the ultimate tool to implement fairness.

The Golden Rule “Do unto others as you would have them do unto you” transcends cultures, religions, and legal systems. It promotes empathy, mutual respect, and fairness. That is what DEI is trying to institutionalize in organizations. When we talk about equity, we are not talking about giving one group a leg up at the expense of another. It is supposed to be about removing unnecessary and potentially illegal barriers so everyone has a fair shot. A fair DEI policy will treat people the way they would want to be treated, based on their context, history, and identity.

Some frame DEI as a kind of “reverse discrimination,” as if it's a zero-sum game that has the effect or even the goal of favoring a group over another group because of the sins of

the past. In that view, DEI is as an eye-for-an-eye policy- a minority group who was discriminated against uses DEI as a way to unfairly get an advantage (or discriminate) against other groups. This framing pits groups against each other and assumes that making space for someone else must mean taking something away from me.

Fairness isn't finite, respect isn’t a scarce resource, and opportunity doesn’t need to be at the expense of others. When properly implemented, DEI isn’t about creating winners and losers it’s about recognizing that different people face different hurdles, and if we’re truly committed to fairness, we should be willing to adjust accordingly.

Final Thoughts

We should all strive to treat others with dignity and understanding. That’s the real goal of DEI. It’s not meant to divide or fulfill a quota. DEI is just a reiteration of a simple idea that we all already are familiar with: let’s treat people the way we want to be treated. It’s an opportunity to connect more deeply with each other and maybe share a few rice cakes along the way. I’ll bring the butter!

What if there were a place where North County’s lawyers and judges could gather to sharpen their skills, build lasting professional relationships, and uphold the highest ideals of the legal profession? For nearly three decades, the Honorable Fiorenzo V Lopardo Inn of Court has been that place – a vibrant hub for mentorship, education, and camaraderie among North County’s legal community

Founded in 1997 and renamed in honor of Judge Fiorenzo V. Lopardo in 2007, our Inn is part of a national movement to advance the rule of law by fostering professionalism, ethics, civility, and legal excellence among lawyers and judges. Judge Lopardo’s legacy, his commitment to justice and his pivotal role in creating the North County courthouse and library, continues to inspire our members today

What Makes the Lopardo Inn Unique?

Diverse Membership: Our Inn brings together judges, seasoned attorneys, rising practitioners, and law students from all practice areas. This diversity fuels dynamic conversations and cross-generational mentorship.

Monthly Gatherings: From September through June, we meet for dinner, networking, and engaging MCLE programs Each session is designed to be interactive and practical, tackling real-world issues: from courtroom strategy to professional ethics.

Team-Based Learning: Members are grouped into teams, each responsible for creating and presenting one educational program per year. These programs are not just lectures -- they are lively, hands-on workshops where everyone participates, learns, and grows.

How to Get Involved

Applications for the 2025-26 term are open until June 28, 2025. Visit our website or LinkedIn page for details, or reach out to Membership Chair Alan Mansfield at 619-308-5034 or alan@clgca.com68. We welcome new members at every stage of their careers, and guests are always encouraged to attend a meeting to see what we’re all about. T H E L O PA R D O I N N O F C O U R T W H E R E N O R T H C O U N T

NCBA TO ME

IT’S MORE THAN A MEMBERSHIP

FINDING MY PROFESSIONAL HOME

Today, I am a proud member of the North County Bar Association, but I was not always aware of what a truly unique organization it is. I believe that some background is necessary to provide context for my story:

I was selected as a Family Law Commissioner in 1995 and was assigned to the Central Judicial District for a short period of time. At my request, I was then reassigned to the East County Judicial District to assist in the family law department there. During my time in East County, I was very happy in that gas was cheap, there was a great Greek restaurant, and I had the honor of serving on a rotating basis with Judges Sturgeon and Goldsmith.

After approximately 13 months, I received an unanticipated telephone call from my Supervising Family Law Judge suggesting that we meet to discuss a new development. As I'm sure you can appreciate, receiving a call from my Supervising Judge made me somewhat anxious, and I was afraid it might be a bad omen.

During our meeting, I was informed that I was going to be reassigned to the North County Family Judicial District immediately. Given the fact that I was very happy in East County, I responded that given my rather strong personality as well as the strong reputation of the North County Family Law Bar at the time, this would not be a good fit. I was then a commissioner and required a stipulation to preside over their matters. Given these dynamics, I thought the likelihood of stipulations would be minimal. I was informed that this issue had been discussed and the Bar still wanted me, so I had no choice in the matter.

Begrudgingly, I packed my briefcase and bid farewell to the lunches of moussaka and gyros, to which I had grown rather accustomed, and made my way up the long road to North County.

It took a while to adjust to the atmosphere in Vista, but boy, am I glad that the Bar wanted me. I spent the next 25 years or so in North County in a variety of assignments but primarily in Family Law. This is when my involvement began with the North County Bar Association. And this is when I realized they were not a typical bar association, but instead truly nurtured an atmosphere that naturally led to active involvement by practitioners and judicial officers alike.

This bar was proactively supporting fellow attorneys, engaging with the Bench, and providing real and practical assistance to the community. At that time, the bar and its members were instrumental in setting the majority of cases on settlement conference calendars so that matters could get reasonable trial dates. This made such a practical difference in the efficiency of case management, and was a huge help to the court.

I have a vivid memory meeting with the members of the Family Law Section of the Bar and mentioning that I thought a monthly Brown Bag seminar might be a good idea. Shortly afterwards, I was informed that they would be held in my department, and I was given a schedule with anticipated topics!

Each legal section of the Bar association is active in providing either in-person or virtual MCLE seminars on relevant topics that are always stimulating and thought-provoking. I am struck by the level of commitment of the NCBA members – it is not just the same people presenting or showing up at events like it can be with some other bar associations. And the diversity of events seems to have something for everyone.

This season, planned events include Law Day, a free legal clinic which directly impacts the community by offering a free legal clinic comprised of our volunteer members, May Faire, the annual mixer where our different bar associations come together to learn about the other groups and how they are working in the county, the popular Bench-Bar Awards dinner, a pickleball tournament, a golf tournament, and the Youth in Court and On My Honor programs, where our members work together with local schools to teach our younger population about legal responsibility and the court system.

The programs and events of the North County Bar have given me the opportunity over these many years to observe the effectiveness of the Bar Association and allowed me to witness the professional and personal growth of our members, as well as even some of their children. (Have I really been around that long?)

Something really special about this bar that sets it apart from other bar associations is the close relationship shared by the bar and the bench. Our judicial officers attend the monthly dinners and participate in the programs, allowing them to get to know practitioners on a more personal level. This interaction truly serves to make the association stronger as a whole and allows us all to contribute to the greater effect this has on our community. As a retired Judge and current mediator, I had some more time (not as much as I thought I would!), so I decided to join the Board of Directors, to help steer and govern our bar. This has allowed me to see first-hand the dedication that so many folks have to keeping the NCBA running smoothly and being productive.

For anyone who hasn’t been out to the NCBA dinners or other events lately, you are doing yourself a disservice. Come out and see us! There is such a welcoming atmosphere, and I always enjoy seeing new members and old members meeting and talking at the monthly dinners, practitioners learning from each other at MCLE presentations, and the feeling of camaraderie that exists.

Hon. Harry L. Powazek (Ret.) is a mediator at Signature Resolution Group. His deep understanding of the complexities and nuances of family law matters positions him to navigate the most challenging cases with grace and fairness, continuing to balance excellence with compassion. He can be reached at hpowazek@signatureresolution.com or by calling signature at (866) 208-5359.

B O T C H E D

A R H E D

Derek Dente, a recent graduate of Thomas Jefferson School of Law, thought he knew what to expect from the California Bar Exam

Like thousands of others, he had spent months preparing for what is often called the most grueling legal test in the country But nothing could have prepared him, or the rest of California’s aspiring lawyers, for the chaos that unfolded in February 2025

What was supposed to be a rite of passage became a collective trauma, a story of technical failures, AI controversy, and a profession forced to reckon with change

Thomas Jefferson School of Law graduate Derek Dente with his mentors the Hon. Michael Washington and professor Taylor Isreal

The Promise and Pitfalls of Change

The 2025 exam was meant to mark a new era In a bid to save up to $3 8 million a year, the State Bar of California abandoned the national Multistate Bar Examination (MBE) in favor of a proprietary test developed by Kaplan Exam Services and administered online via Meazure Learning’s platform The hope was to modernize, cut costs, and offer flexibility For many, including Dente, the option to take the exam remotely seemed ideal.

“They were incredibly thorough about security, which I appreciated,” he recalled “It seemed like a fair system -- until the exam actually started ”

But the trouble began before Dente even started typing his first essay First the proctor was 30 minutes late to check Dente in for the remote exam “Then, as I was scanning my room for the proctor with my camera, the timer for my property essay started running I was losing time before I even began typing That was strike one ” The problems only escalated from there

During the Performance Test, a section notorious for

“STUNNING INCOMPETENCE FROM AN ENTITY THAT EXISTS TO MEASURE COMPETENCE.”

it’s complexity, Dente found the copy-and-paste function -- an essential tool for managing the massive case files -- wasn’t working. “I tried everything, but it just wouldn’t work I messaged the proctor, who told me I wasn’t allowed to use it, even though the rules clearly said otherwise,” Dente explained “I kept pushing back, losing more time, until after about ten minutes of back and forth, they finally enabled it By then, my focus was shot ”

Dente’s experience was echoed by thousands

According to a federal class action lawsuit, examinees faced software crashes, login failures, lag, lost answers, and a lack of technical support

The complaint describes “software malfunctions that took minutes or hours to

resolve, server crashes, the inability to copy/paste material, typos within the bar exam questions caused by software glitches, software freezes, large queues that prevented the ability to get back into the software, software glitches with the identity verification and security checks, disconnections from the software with the inability to reconnect, and other serious software issues ”

A Profession at a Crossroads

The February 2025 California Bar Exam was supposed to usher in a new era. Instead, it exposed the risks of cutting corners and the dangers of deploying untested technology in highstakes settings But out of the turmoil, a new conversation is emerging about transparency, accountability, and

“ADVOCACYDOESN’T STARTWHENYOUGET YOURLICENSE.IT STARTSNOW,WHENYOU SEESOMETHINGWRONG ANDSPEAKUP.”
DerekDente

the role of technology in shaping the future of the legal profession

“We All Suffered Together”

The psychological impact was immense “It’s almost like we remember the main points, but we just shut out the details,” Dente said. “You don’t know what you’ve mentally done to people If someone has to take that again, you don’t know what you’ve done to them ” He described nightmares and a constant sense of dread waiting for results “You’re told how this will go, and when it doesn’t, it throws you off The bar exam is the highest of standards, but when it’s their turn to deliver, the same rigor isn’t applied That effect on performance is huge and people don’t realize ”

Dente was not alone An internal State Bar review found that only 8% of test takers had an exam free of disruption In a survey, 61% said technology problems significantly affected their performance, 79% reported typing delays, and 75% were unable to use the copy-paste tool during the written section Nearly 1,000 candidates withdrew from the exam after the State Bar offered a fee waiver for the July retake

“We all suffered together,” Dente said “Now, we need to make sure it never happens again ”

The AI Question

As if the technical failures weren’t enough, a new controversy erupted in April: The State Bar admitted that 23 multiple-choice questions had been written with the help of artificial intelligence, without disclosure to examinees or the California Supreme Court Many test-takers, including Dente, had suspected something was off. “Some of the questions just seemed off. I thought maybe I wasn’t prepared, but they didn’t feel like the

practice questions I’d been working on When I saw articles saying AI was used, it made sense Something deep down inside me knew those questions weren’t right ”

Critics were swift and harsh. Mary Basick, assistant dean of academic skills at UC Irvine Law told the Los Angeles Times that it is “unbelievable” that nonlawyers using AI were drafting questions for the bar exam. “The fiasco surrounding the February 2025 bar exam is more severe than we anticipated I’m nearly at a loss for words,” she told the Times

Lawsuits and Demands for Change

The fallout was immediate.

Lawsuits were filed against Meazure Learning, alleging breach of contract, unjust enrichment, and violations of consumer protection laws

The California Senate Judiciary Committee called for a formal audit, and law school deans, including Erwin Chemerinsky of Berkeley Law, publicly condemned the State Bar’s handling of the exam as “stunning incompetence from an entity that exists to measure competence ”

In response, the Committee of Bar Examiners voted to

THE AFTERMATH

In response to mounting criticism, Leah Wilson, the State Bar’s executive director, announced her resignation effective July 7, 2025, acknowledging the unacceptable impact of the exam’s rollout on thousands of candidates.

For those who withdrew from or failed the February exam, the State Bar’s Board of Trustees has extended the provisional licensure program, originally launched during the COVID-19 pandemic. This allows affected individuals to work under the supervision of a licensed attorney for up to two years while they prepare to retake the exam. The extension awaits final approval from the California Supreme Court, which has already endorsed several remedial measures in response to the exam’s failures.

The California Supreme Court also intervened directly, lowering the passing score for the February exam and ordering the State Bar to abandon its new multiple-choice formatdeveloped with undisclosed AI assistance-in favor of the traditional national exam starting July 2025.

Exam results were delayed due to the State Bar’s late petition to the Supreme Court regarding scoring adjustments and transparency issues about AI use. The results for the February 2025 California Bar Exam set a record high for a winter administration, with a pass rate of 55.9%. Out of 3,886 examinees, 2,172 passed the exam.

A federal lawsuit was filed by test-takers alleging negligence by the exam’s administrators, with claims exceeding $5 million.

lower the raw passing score for the February exam and used statistical methods to estimate scores for candidates who couldn’t finish due to technical failures. The State Bar also ordered an independent investigation and began considering alternative licensure pathways, including supervised practice and provisional licenses

Rethinking the Future: AI as Solution, Not Just Problem

Despite his ordeal, Dente sees a way forward, one that embraces technology, but with transparency and purpose. “If AI can grade essays, we could get results faster and more consistently,” he suggested “Right now, we’re waiting months for results That delay affects people’s lives and livelihoods If we could get results in days, maybe we could offer the bar exam more than twice a year That would be real progress.” He is not alone in calling for reform. San Diego’s law schools have joined the conversation, with the University of San Diego School of Law’s Consumer Protection Policy Center proposing a Portfolio Bar Exam as an alternative for those affected by the February disaster “There is a solution that can assist those affected by the February exam and help the agency save on budget costs, specifically the Portfolio Bar Exam,” said Marcus Friedman, the center’s administrative director

Dente also supports innovative alternatives to the traditional bar exam “A portfolio exam, where you work under a licensed attorney and build real experience, would be a great way to ensure new lawyers are actually

prepared for practice Law school teaches you the rules, but real advocacy is learned by doing ”

Looking Forward

Despite the ordeal, Dente’s commitment to advocacy has only grown “My goal is to work in tax law, specifically in tax controversies I want to help communities who need it most,” he says Inspired by Dorothy Brown’s “Whiteness of Wealth,” Dente is determined to be an advocate for fairness and justice, both in the courtroom and beyond.

“Even if I pass under these circumstances doesn’t mean it was fair to everyone else We all suffered together, and I feel a duty to advocate for those who may not have passed ”

He’s already spoken with classmates about the class action lawsuit, and while he hasn’t yet joined, he’s considering it “If I qualify, I would join. It was a horrible experience.”

As the legal community awaits the outcome of the class action lawsuit and the results of the State Bar’s promised reforms, Dente’s story stands as a testament to the resilience, courage, and advocacy that define the best of the next generation of California lawyers “Advocacy doesn’t start when you get your license,” Dente said. “It starts now, when you see something wrong and speak up ”

Stephanie S. Germani, Esq. practices landlord-tenant law and took the October 2020 California Bar Exam remotely during the height of the COVID-19 pandemic.

CIVIL LAW UPDATE FOR 2025

Here is more on our Civil Law Update, continued from last issue.....

Civil Procedure Before Trial

Consent to jurisdiction: A party may consent to jurisdiction by registering to do business in a state that requires out-of-state companies to agree to appear in its courts “on any cause of action” against them as a condition of registering to do business there. [Mallory v. Norfolk Southern Ry. Co. (2023) 600 US 122, 134-135, 138, 143 S Ct 2028, 2037-2038, 2039]

Action for violation of Fair Debt Collection Practices Act: A debt collector can be sued under the Rosenthal Fair Debt Collection Practices Act (Civ.C. § 1788 et seq.) if the debt collector falsely represents proper service and obtains a default judgment against the debtor, even if the representation was not knowingly false [Young v Midland Funding LLC (2023) 91 CA5th 63, 91-95]

“Persons” Protected by Anti-SLAPP Statute / Real parties in interest: Newsgathering organization, not a party, can be a real party interest. [Iloh v. Regents of Univ. of Calif. (2023) 94 CA5th 947, 955-956]

Anti-SLAPP motion need not comply with CRC 3.1322: The moving party need not comply with CRC 3.1322. An anti-SLAPP motion must identify the acts alleged in the complaint that the movant asserts are protected and what claims for relief are predicated on those acts. [See Miszkewycz v. County of Placer (2024) 99 CA5th 67, 73-76]

Declarations and affidavits failure to comply with CCP § 2015.5 (essential wording) may be cured: [See Vinson v. Kinsey (2023) 93 CA5th 1166, 1178, fn. 7 court should inform self-represented litigant in domestic violence restraining order hearing how to fix deficiencies under, e.g., CCP § 2015.5]

Appellate review of order no automatic stay on appeal from order denying arbitration: Previously, under CCP § 916, the pendency of an appeal from a denial of arbitration would automatically stay the trial court proceedings. Now, there is no automatic stay. [Amended CCP § 1294(a)]

Dealing with consumer or employment “arbitration limbo”; deadline to pay arbitration fee: [See Cvejic v Skyview Capital, LLC (2023) 92 CA5th 1073, 1077-1078 fee deadline is strictly enforced, and arbitrator cannot cure failure by establishing new payment date]

Continuing jurisdiction limited: Although granting relief (such as to have the case arbitrated) does not divest the court of jurisdiction, the court's retained jurisdiction is very limited i.e., only “vestigial jurisdiction” and the court does not have the power to dismiss claims for, e.g., failure to prosecute. [Lew-Williams v. Petrosian (2024) 101 CA5th 97]

Covenants not to compete—enforceability: Amended and new statutes clarify that noncompete clauses and agreements unless subject to an exception, are void regardless of where they are signed. Employers must notify current and certain former employees in writing by February 14, 2024, that the noncompete clauses or agreements are void [Amended Bus & Prof C § 16600; new Bus & Prof C § 16600 1; new Bus & Prof C § 16600 5]

SUMMARY JUDGMENT AND SUMMARY ADJUDICATION

AB 2049, Pacheco. Motions for summary judgment: filing deadlines. An act to amend Section 437c of the Code of Civil Procedure, relating to civil actions.

This bill would change the deadline for a party to file a motion for summary judgment or summary adjudication to at least 81 days before the hearing on the motion, the deadlines for filing an opposition to at least 20 days before the hearing and for filing a reply to at least 11 days before the hearing The bill would prohibit a party from filing more than one motion for summary judgment against an adverse party without leave of court, as specified The bill would also prohibit the introduction of new facts in a reply to an opposition to a motion for summary judgment, as specified.

Paragraphs in separate statement should be limited to facts that address elements of cause of action or affirmative defense: A trial court may deny a summary judgment motion if it concludes that the separate statement contains multiple nonmaterial facts. [Beltran v. Hard Rock Hotel Licensing, Inc. (2023) 97 CA5th 865, 875-876]

Hearsay—testimony given in another case: Testimony given in a deposition outside of California, where the transcript was not signed under penalty of perjury, does not qualify as an affidavit, declaration, or deposition admissible under CCP § 437c(b)(2). [Wong v. Stillwater Ins. Co. (2023) 92 CA5th 1297, 1324]

“Substantial” responsive evidence required: [See Howard v. Accor Mgmt. US, Inc. (2024) 101 CA5th 130 plaintiff's evidence that property owner had actual or constructive knowledge of unsafe condition was speculative and did not raise triable issue]

Discretionary Dismissal Authority Limited: The “trial courts possess only a narrow inherent authority to dismiss claims based on limited circumstances … (e g , cases involving a failure to prosecute, frivolous claims, or egregious misconduct)” [Estrada v Royalty Carpet Mills, Inc (2024) 15 C5th 582, 601-602]

Appellate review where jury trial demand denied: When a party intentionally waives its right to a jury trial and the court later refuses to grant relief from that waiver, and the party fails to seek writ review and waits until after trial to seek review, actual prejudice from the refusal to allow a jury trial must be shown and prejudice from the nonjury trial will not be presumed. [TriCoast Builders, Inc. v. Fonnegra (2024) 15 C5th 766, 785-790]

Ruling on Motion in Limine / Motion granted in error: See Garner v. BNSF Ry. Co. (2024) 98 CA5th 660, 674, 677, 690 trial court erred in granting motions in limine to exclude plaintiff's experts' opinions that decedent's workplace exposure to diesel fuel and constituents more likely than not caused his cancer, despite lack of specific study so stating (reversed and remanded with directions to deny motions)

Inadmissible case-specific hearsay under Sanchez: An expert's proffered testimony that a marital home's lot size was 10,400 square feet instead of 9,000 square feet as indicated in county property records was deemed inadmissible case-specific hearsay under Sanchez absent any public record or other evidence upon which the expert relied to independently prove that fact. [Marriage of Lietz (2024) 99 CA5th 664, 6741]

Direct Examination of Expert Witnesses / Expert need not rely on study, scientific publication expressing same conclusion: See Garner v. BNSF Ry. Co. (2024) 98 CA5th 660, 677 expert could conclude diesel exhaust exposure caused non-Hodgkin's lymphoma despite lack of study connecting exposure to disease

Allowable Costs / Deposition costs: See Garcia v Tempur-Pedic North America, LLC (2024) 98 CA5th 819, 825 certificate of nonappearance and late cancellation fee recoverable under CCP § 1033.5(a)(3) where related to taking deposition.

Motion for New Trial / Jury misconduct: Juror was not statutorily ineligible to serve as a juror. A presumption of prejudice from the juror's misconduct was rebutted by the lack of any indication that the juror was biased and evidence that his participation did not affect the outcome of the case. [TRC Operating Co., Inc. v. Chevron USA, Inc. (2024) 102 CA5th 1040, 1078, 1092-1093]

Motion to Vacate Judgment / Motions by nonparties: An “aggrieved employee's” authority to commence and prosecute a Private Attorney General Action (PAGA) on the state's behalf does not include the authority to move to vacate a judgment obtained in a separate PAGA action by another PAGA plaintiff on the state's behalf. [Turrieta v. Lyft, Inc. (2024) 16 C5th 664, 710-712]

ENFORCING JUDGMENTS AND DEBTS

Prevailing buyer attorney fees: A prevailing buyer subject to CCP § 998 is not entitled to postoffer attorney fees where the buyer refused a reasonable pretrial offer of judgment. [Ayers v. FCA US, LLC (2024) 99 CA5th 1280, 1296-1297, (CCP § 998(c) and Civ.C. § 1794(d) “can operate in harmony to effectuate their respective legislative purposes”)]

“Book account” does not include “consumer debt”: A “book account” does not include “consumer debt,” e g , any obligation or alleged obligation incurred on or after July 1, 2024, of a consumer to pay money arising out of a transaction primarily for personal, family or household purposes and where the obligation to pay appears on the face of the note or in a written contract. [New and amended CCP § 337a(a), (b)]

Common counts cannot be used to collect consumer debts incurred on or after 7/1/24: Common counts may not be used in an action for collection of consumer debt. [New CCP § 425.30]

“Homestead” Exemption / No exemption where absence not temporary: Debtor was not entitled to a “homestead exemption” where she no longer lived at the residence and had no intention to reside there [In re McKee (9th Cir 2024) 90 F4th 1244, 1248-1249]

New procedures for judgment debtor examination re “consumer debt” judgment awarded on or after 1/1/25: In a case involving “consumer debt” awarded on or after January 1, 2025, the judgment debtor may file a financial affidavit, containing required information, in lieu of appearing for the debtor examination. [See New CCP § 708.111]

ODDS AND ENDS

AB 1797, Wood. State Crustacean. An Act To Add Section 425.15 To The Government Code, Relating To State Government.

This bill would establish the Dungeness crab (Metacarcinus magister) as the official state crustacean.

AB 1472, Alvarez. City Of Imperial Beach: Recreational Vehicle Parks: Registration Requirements. (Section 799.47 Added to Civil Code)

The bill would prohibit a person from requiring an occupant, tenant, or resident, as defined, in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident. The bill would define “qualified recreational vehicle park” as a recreational vehicle park located within the City of Imperial Beach.

AB 1777, Ting. Autonomous Vehicles. An Act To Amend Section 38750 Of, And To Add Sections 38751, 38752, And 38753 To, The Vehicle Code, Relating To Autonomous Vehicles.

This bill would, commencing July 1, 2026, require manufacturers of autonomous vehicles that operate without a human operator physically present in the vehicle, except as provided, to comply with certain requirements, including, among other things, to maintain a dedicated emergency response telephone line that is available for emergency response officials, as defined, and to equip each autonomous vehicle with a 2-way voice communication device.

AB 1780, Ting. Independent Institutions Of Higher Education: Legacy And Donor Preference In Admissions: Prohibition. An Act To Add Section 66018.4 To The Education Code, Relating To Postsecondary Education.

This bill would prohibit, commencing September 1, 2025, an independent institution of higher education, as defined, from providing a legacy preference or donor preference in admissions, as defined, to an applicant as part of the regular or early action admissions process.

AB 1830, Arambula. Corn Masa Flour And Wet Corn Masa Products: Folic Acid Fortification. An Act To Add Section 110531 To The Health And Safety Code, Relating To Food.

This bill would, commencing January 1, 2026, require corn masa flour to contain folic acid at a level of 0.7 milligrams of folic acid per pound of corn masa flour, as specified, and would authorize wet corn masa to contain folic acid at a level of 0.4 milligrams of folic acid per pound of end product

AB 1880, Alanis. Minors: Artistic Employment. An Act To Amend Section 6750 Of The Family Code, Relating To Minors.

Existing law regulates certain contracts for artistic employment between an unemancipated minor and third parties, including employment as an actor and other artistic employment. This bill would specifically include a content creator in these provisions and would define “content creator” as an individual who creates, posts, shares, or otherwise interacts with digital content on an online platform and engages in a direct contractual relationship with third parties, as specified.

Nondisclosure matters (buyer/seller/brokers)

Breach

contract (buyer/seller) Earnest

commission, and property line disputes Contractual

mediation (RPA/real estate purchase agreement; BRBC/buyer-broker compensation agreement)

(brokers) And

Freddy Garmo
Douglas Barker
Rob Hanna Shaun Boss Jane Rheinheimer
John Edwards
John Turner

AB 1899, Cervantes. Courts. An Act To Amend Sections 3512, 3513, 3515, 3517, 3518, 3519, 3521, 3526, 3529, And 3543 Of The Civil Code, And To Amend, Repeal, And Add Section 205 Of The Code Of Civil Procedure, Relating To Courts.

Existing law includes maxims of jurisprudence in civil law This bill would make nonsubstantive changes to some of these provisions This bill would require, after January 1, 2026, the Judicial Council to adopt a standard of judicial administration to ensure that juror identification and any juror questionnaire are inclusive, as specified.

AB 2004, Petrie-Norris. County Recorder: Recordation Of Documents. An Act To Amend Section 1207 Of The Civil Code, And To Add Section 27201.1 To The Government Code, Relating To Records. This bill would authorize a disinterested custodian, as defined, to certify that a tangible copy of an electronic record is a completed and accurate reproduction of the electronic record. The bill would require a recorder to accept for recording a tangible copy of an electronic record that has been so certified by a notary public if specified requirements are met.

AB 2069, Gallagher. Sale Of Soju And Shochu. An Act To Amend Section 23398.5 Of The Business And Professions Code, Relating To Alcoholic Beverages.

This bill would provide that any on-sale licensee authorized to sell wine may also sell domestically produced soju and shochu, as specified.

AB 2094, Flora. Alcoholic Beverage Control: Public Community College Stadiums: City Of Bakersfield. An Act To Amend Section 25608 Of The Business And Professions Code, Relating To Alcoholic Beverages.

This bill would add an exception to the prohibition for alcoholic beverages that are acquired, possessed, or used during events at a public community college stadium with a capacity of 19,000 or more people in the City of Bakersfield. The bill would define “events” for this purpose to mean sporting events or concerts sponsored by a public community college or other events sponsored by noncollege groups.

AB 2159, Maienschein. Common Interest Developments: Association Governance: Elections.

An Act To Amend Sections 5105, 5110, 5115, 5120, 5125, 5200, And 5260 Of The Civil Code, Relating To Common Interest Developments.

This bill would require the inspector or inspectors of elections that conduct an election by electronic secret ballot to ensure, among other things, that the electronic secret ballots provide a method to authenticate the member’s identity to the internetbased voting system and a method for the member to confirm that their electronic device can successfully communicate with the internet-based voting system at least 30 days before the voting deadline.

Summer Reading Recommendations

Dear Edward

Ann Napolitano

This is the story of Edward Adler, a twelve-year old boy, who is the sole survivor of an airplane crash that kills 191 passengers, including his mother, father, and his beloved older brother It is told in two timelines: Edward’s life after the crash, and in flashbacks of some of the passengers on the plane in the two hours leading up to the crash A beautifully written coming-of-age story, which explores the depth of the human experience

To paraphrase George & Ira Gershwin, "Summertime … and the reading is easy. "

The Women by Kristin Hannah

The Women, by New York Times bestselling author Kristin Hannah, is a compelling, poignant and gruesome story of a young woman who served as an army nurse during the height of the Vietnam War. The main character, Frances (Frankie) McGrath, joins the army to be close to her newly enlisted brother. Frankie comes from a wealthy, privileged and sheltered family in Coronado, California. She is dropped into a full blown war zone hospital in Vietnam and is totally unprepared for the demands, exhaustion and horror that she is exposed to in this setting. In spite of these incredible challenges, Frankie becomes a seasoned, capable combat nurse and distinguishes herself as she cares for the many severely wounded and dying soldiers. Frankie forms deep relationships with her fellow nurses and doctors during this brief but momentous period in her life. The reader witnesses her transformation up close

The second half of the story revolves around Frankie’s reentry into society and a country that is torn over the war in Vietnam Frankie arrives home to hostility, a complete lack of recognition for her service and tremendous difficulty in getting the help that she needs to deal with her post war trauma It is a gripping story of her descent into hell with a veteran’s system that is ill equipped to deal with combat a veteran’s trauma, especially those of a woman

Kristin Hannah is an excellent storyteller She weaves the music, cultural norms, gender roles and the political divisions of the time period in such a way that you feel transported to that era You can also feel the chaos and heartbreak of the soldiers’ wartime injuries and casualties in each hospital scene This is a very compelling read that was hard to put down I do not recommend this as before bedtime reading It is a graphic read of the horrors of war, and the effects of those who deal with it directly. The upside is the compelling relationships that provide a lifeline of sustenance and care for the characters, throughout the story. They are the thread that keeps the characters and the reader from descending into despair.

Summer Reading Recommendations

The Declaration of Independence

The Declaration of Independence deserves a place on e ding list -- not just as a historical artifact, but as a living call to c a reminder that our work is rooted in principles of justice, equality, and the courage to challenge power when it strays from those ideals.

The Declaration opens with a line that has echoed through centuries of American legal and civic life:

“Weholdthesetruthstobeself-evident,thatallmenarecreatedequal,thattheyare endowedbytheirCreatorwithcertainunalienableRights,thatamongtheseareLife, LibertyandthepursuitofHappiness”

Thisassertion,radicalinitstimeandstilldebatedtoday,remainsatouchstoneformovements seekingequalityandjustice Lawyersinvokeitwhendefendingcivilrights,advocatingforequal protection,orchallengingdiscriminationinallitsforms

Thedocumentalsolaysoutafoundationalprincipleforoursystemofgovernmentandthelegal profession:“Thattosecuretheserights,GovernmentsareinstitutedamongMen,derivingtheirjust powersfromtheconsentofthegoverned.”

Thisidea--thatgovernment’slegitimacyspringsfromthepeople--remindsuswhydueprocess, fairelections,andtheindependenceofthejudiciaryarenotjusttechnicalitiesbuttheveryheartof Americanlawanddemocracy.

TheDeclaration’swarningaboutuncheckedpowerisespeciallyrelevantintimesofpolitical turmoil:“Butwhenalongtrainofabusesandusurpations,pursuinginvariablythesameObject, evincesadesigntoreducethemunderabsoluteDespotism,itistheirright,itistheirduty,tothrow offsuchGovernment,andtoprovidenewGuardsfortheirfuturesecurity”

Thispassagespeaksdirectlytolawyers’rolesasguardiansagainstabuses--whetherinthe courtroom,inthelegislature,orinthepublicsquare It’sacalltovigilanceandactionwhen fundamentalrightsarethreatened

And for those who wonder about the risks and responsibilities of standing up for justice, the Declaration closes with a pledge that resonates for anyone who has ever taken a professional or moral stand:

“And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor ”

So, this summer, dust off that “parchment,” give it another read, and remember: The bold ideas that launched a nation are still calling us to action, in courtrooms and communities across the country

Summer Reading Recommendations

An Unfinished Love Story: A Personal History of the 1960s

This book is a fascinating account of the lives of two people, the historian Doris Kearns Goodwin, (author of Team of Rivals, among other books) and her husband Richard Goodwin, a major influential figure in the administrations of JFK and LBJ, and the candidacy of Bobby Kennedy.

Towards the end of their four decade marriage, they decided to open and go through the over three hundred boxes of letters, documents and memorabilia from Richard Goodwin’s public career Goodwin had a remarkable career –working in JFK’s New Frontier, LBJ’s Great Society, and as speechwriter for Bobby Kennedy As a young lawyer, Goodwin also helped to uncover the corruption and game fixing by producers in the quiz shows of the 1950’s, as shown in the Robert Redford movie Quiz Show

Reading this book is like opening a personal time capsule of the events of the turbulent 1960s and how these events affected their personal lives, and the entire nation.

Reviewed by: Bill Kamenjarin, Esq.

The Book of Lost Names by Kristin Harmel

In 1942 Eva Traube and her mother escape from Paris when her father, a Polish Jew, is rounded up by the Nazis They settle in Vichy France, where Eva employs her artistic talents to forge identity documents for Jewish children fleeing to neutral Switzerland To preserve the real names of the children, too young to remember, Eva employs a code to record their real identities, in a religious tome Sixty years later, while living in America, Eva returns to Paris after learning that the Book of Lost Names had been discovered in a local library. A taut and engaging novel.

Reviewed by: Richard Hicks, Esq.

MEET: KYDALL KREBS Marketing Intern NCBA

“Marketing principles can be incredibly valuable for professional associations because they help build stronger connections with both current and potential members.”

A little about our new intern:

Let’s start with the basics can you share a little bit about yourself and what you ' re studying in school?

Hi, my name is Kyndall Krebs, and I am a North County Bar Association

Marketing Intern! I am 20 years old and a lifelong San Diego, California resident. I’m currently pursuing my Associate of Arts in Business Administration with an emphasis in Marketing at MiraCosta College in Oceanside. Outside of school, I enjoy woodworking with my boyfriend, hiking with my two dogs, and spending time at Disneyland with my sister.

What got you interested in marketing in the first place? Was there a particular moment or class that sparked your passion?

I've always had a passion for business, as some of my favorite childhood memories include running lemonade stands and bake sales. My interest in marketing specifically began in 2021, when I took my first marketing class at Carlsbad High School with an inspiring teacher, Carol King. That class helped me realize that marketing is the perfect blend of my passion for business and my love for creativity.

So, with all the internship options out there, what made you choose to work with the North County Bar Association?

I wanted to intern with the North County Bar Association specifically because I wanted to immerse myself more in the local community, and I believe the legal field is a powerful way to do that I’m also interested in learning more about how law intersects with business, and interning with the North County Bar Association felt like the perfect introduction to gain that exposure while being part of a professional environment.

Now that you ’ ve spent some time with us, has anything about the legal world surprised you? Maybe something you didn’t expect to find interesting?

The most interesting thing I’ve learned about the legal community is how collaborative and community-focused it really is I always imagined law as a very individual or competitive field, but I’ve been surprised by how much emphasis there is on mentorship, public service, and supporting one another, especially through organizations like the North County Bar Association.

From your perspective, how do you think marketing strategies can help organizations like ours stay connected with members and keep them engaged?

Marketing principles can be incredibly valuable for professional associations because they help build stronger connections with both current and potential members. By understanding your audience’s needs and interests, you can create targeted messaging, engaging events, and content that resonates. Tools like social media and branding can help increase visibility, foster a sense of community, and highlight the value of membership in a way that feels personal and impactful.

Skills & Goals

EInternship xperience

Let’s talk tools are there any marketing platforms or software that you really enjoy working with?

The marketing tool I enjoy working with the most is Canva, a digital design platform. I find it incredibly helpful because it gives me the creative freedom to design a wide range of content, from social media informative graphics to event flyers I enjoy how user-friendly the platform is, making it easy to bring ideas to creation while still maintaining a professional and polished look Canva has also helped me strengthen my visual communication skills, which are essential when it comes to creating engaging and effective marketing materials

A note from the author: Canva is the platform the magazine committee builds the north county lawyer on!

Is there a marketing campaign or a brand out there that you really admire? I’d love to hear why it stands out to you.

A marketing campaign that I admire is Spotify’s “Wrapped” campaign because it turns user data into a fun, personalized experience By showing users their most-listened-to songs, genres, and artists, Spotify not only engages its audience but encourages them to share their results, turning customers into brand ambassadors It’s a great example of how data can be used creatively to deepen user engagement and build a community around a service.

What are some of the skills you ' re hoping to build during your time here?

Through this internship, I’m hoping to deepen my professional communication skills both written and verbal I also want to continue developing my skills in creating polished graphic designs and effective social media content that aligns with a professional brand

Youth Persp

You bring such a valuable student perspective. In your experience, how do younger audiences prefer to engage with content from professional groups or associations?

As a student, I’ve noticed that younger audiences prefer professional content that’s quick, visually engaging, and easy to comprehend. With the rise of short-form media like TikTok and Instagram Reels, attention spans are shorter, so content needs to make an impact within the first few seconds. This means starting with a strong hook, using pops of color, motion graphics, or text overlays, and keeping the message clear and concise

Do you have any fresh ideas for how a bar association like ours could better connect with students or young professionals entering the legal field?

As I mentioned before, short-form video has become one of the most popular and effective ways to engage younger audiences. I believe incorporating this style of content into NCBA’s marketing strategy will be one of the most impactful ways to connect with law students and young attorneys To put this into action, I’ve started taking videos at events to use for Instagram Reels and am also working on launching an NCBA YouTube channel These platforms will help showcase the association’s activities in a more dynamic and accessible waymaking it easier for a younger demographic to feel connected and involved

Reflection & Aspirations

Looking ahead, do you have a sense of what you’d like to do after college? Has this internship influenced that path at all?

After I complete my Associate’s Degree in Business Administration at MiraCosta College, I plan to transfer to a four-year university to pursue both my Bachelor’s and eventually my Master’s in Business Administration My ultimate career goal is to work in management, ideally leading the marketing department of a resort or theme park

This internship experience has definitely shaped my career thinking It’s made me realize how valuable a foundational understanding of law is, not just in the legal field, but in business as well It’s inspired me to consider taking more business law courses, since I now see how legal knowledge can support better decision-making, communication, and leadership across all industries

Finally, what advice would you give to other students who might not be thinking about internships in places like a legal association, but maybe should?

My advice to other students considering internships in less traditional sectors, like a legal association, is to embrace the opportunity with an open mind You’ll gain knowledge and skills you might not expect, and those can apply to a wide range of careers Be open to connecting with professionals outside of your usual field there’s so much to learn from their experience and perspectives Most importantly, have confidence in yourself and your work, but also be open to constructive feedback Growth comes from being willing to learn, adapt, and challenge yourself in new environments.

“It’s been such a joy having Kyndall as part of our team and we ’ re lucky that she’s still with us. Her creativity, professionalism, and thoughtful perspective continue to bring fresh energy to our work and serve as a great reminder of the impact strategic marketing can have in the law field.

In a close-knit organization where relationships and communication are everything, Kyndall’s contributions are already making a real difference. From helping us refine our messaging to finding new ways to connect with younger audiences, her insight has been both timely and invaluable. We’re excited to keep learning from her and to see how she continues to grow in this role. The future is bright with Kyndall on our team, and for whatever comes next in her journey.”

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Q2 North County Lawyer Magazine by northcountybar - Issuu