April 2010 - San Bernardino County Bar Association

•BULLETIN•
of the San Bernardino County Bar Association
Vol. 38, No. 6
Our 135th Year
April 2010
McGuire, Welch Tapped for
Kaufman-Campbell Awards
From the
President’s Desk
by
Thomas W. Dominick
“Spring has Sprung”
S
pring has finally arrived and, with it, clearer skies and warmer
days. Unfortunately, for those of us who suffer from allergies,
it’s time to break out the Claritin and Benadryl. I got my first dose
last weekend when I spent the better part of both days working
in my yard weeding, trimming, clipping, fertilizing and planting
flowers with my wife, Deborah. Some people ask me why I don’t
hire a gardener to do these things. The truth of the matter is, while I
despised such “chores” as a kid, I actually enjoy them as an adult.
As lawyers, we are usually cooped up in our offices or courthouses
during the week and, by the weekend, I suspect most are ready for
outdoor time. Moreover, we work hard on our cases for months,
or even years, before we get to see results. With yard work, we
have the benefits of fresh air and instantaneous results, without
expending a huge amount of brain power.
Speaking of the outdoors, shortly after I was installed as your
President, I resumed an exercise regimen which I had allowed
to fall by the wayside a few years ago. It left me with additional
pounds of unwanted weight, mostly concentrated in the midsection.
This regimen included jogging two to three miles every other day.
To be quite honest, I can’t stand the activity, not merely because it
requires me to leave the comfort of my cozy bed in the early morning
hours, but it is also rather boring. In my younger days, I enjoyed
getting cardio exercise from playing sports, such as basketball and
tennis. Unfortunately, with so many time demands, the closest I get
to that now is an occasional round of golf with my buddies, hardly
the type of activity which keeps the heart pumping.
Regardless, there is no question the benefits of jogging outweigh
its detriments. First and foremost, instead of listening to myself
pant and gasp while going up and down the hilly streets of my
neighborhood, I get to “rock out” to music I have listened to since
the late 60’s on my IPod and Walkman. “Walkman” you ask? Well,
like many of us who spent our teen years during the 1970’s, I have
a collection of almost 200 cassette tapes and get to enjoy listening
to classic rock tunes from Aerosmith to Zeppelin. My collection
also includes soft rock music from the likes of Elton John, Alan
Parsons and Fleetwood Mac, however, I find that those tunes are
not conducive to strenuous exercise. Thus, my preference is for the
harder genres. My IPod even has classic country hits loaded by my
“Texan” wife, but I find those songs more appropriate for the “cool
down phase” of my workout.
(Continued on page 4)
By J’Amy Pacheco
F
ormer Presiding Judges James McGuire and J.
Michael Welch will receive the Kaufman-Campbell
Award in May from the San Bernardino County Bar
Association.
Named for former state Supreme Court Justice
Marcus Kaufman and former Fourth District Court
of Appeal Justice Joseph B. Campbell, both of whom
served in San Bernardino, the periodic award honors
jurists designated as having served on the bench with
distinction and having made substantial contributions
to the community as well as the practice of law.
Presiding Judge Douglas Elwell observed that
by honoring the two former presiding judges, the
bar association is recognizing “the important work
done not only by judges serving on the bench, but
also the valuable work done by judges serving in an
administrative capacity.”
In the San Bernardino Superior Court, the presiding
judge works full-time in that position and does not
handle a court calendar.
Elwell said both jurists have distinguished
themselves through their work as presiding judges,
and Welch, also through his continued service on the
Judicial Council of California.
“It is an honor to know both of them and to count
them among my friends,” Elwell stated. “I have the
utmost respect for them both as individuals, and as
jurists. The county has been very fortunate to have
them in the leadership positions they have been in.”
Welch is currently assigned to a probate calendar.
McGuire retired at the conclusion of his term, Dec.
31.
Judge Wilfred Schneider said he worked with
both jurists before his appointment to the bench,
and described both as having worked hard to secure
funding for the local courts.
Schneider, a past president of the San Bernardino
County Bar Association, said both jurists were
“Johnny-on-the-spot in Sacramento.”
“They have really each been a valuable asset and
spokesperson for our bench here,” he said. The judges’
efforts to ensure funding for temporary judges has
helped “keep our head above water,” he added.
(Continued on page 3)
San Bernardino County Bar Association
2
April 2010
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April 2010
“The oldest continuously active bar association in California”
McGuire, Welch Tapped for
Kaufman-Campbell Awards
(Continued from page 1)
“Our caseload here in the Inland Empire is about twice
what other judges handle statewide,” he pointed out. “They
were able to prevail on the Administrative Office of the
Courts and Sacramento to ensure we continue to get our
assigned judges, which has really helped us.”
He also lauded the jurists for
their efforts to secure funding
for a new courthouse in San
Bernardino.
“They’ve just done a real good
job - not whining and crying about
the need - but by demonstrating
the need,” he said.
Schneider said the pair has
also provided “real institutional
memory and consistency with a
common voice.”
“They have been fabulous,” he
Judge J. Michael Welch
stated.
Thomas
Dominick,
SBCBA
president, lauded McGuire for doing “a wonderful job” of
lobbying to get money for more judicial resources in San
Bernardino County.
A probate attorney, Dominick also described Welch as “a
fantastic judge.”
“He is very cordial to attorneys, litigants, and has an
excellent judicial demeanor,” he observed.
Bryan Hartnell, a probate attorney, credited Welch with
having brought uniformity and continuity to the local
probate courts.
3
Welch, who is currently assigned to a probate calendar,
earned his undergraduate degree from Loyola University,
majoring in history. He earned his law degree from the
University of San Diego School of Law.
He worked for the San Bernardino District Attorney’s
Office, spent time in private practice, then worked for the San
Bernardino Public Defender’s
Office until his appointment as
a commissioner in 1990. He was
appointed to the bench in 1995,
and became presiding judge in
2002.
McGuire attended Chaffey
College and World Campus
Afloat before completing his
undergraduate degree in political
science at the University of
Southern California. He earned
his law degree at USC School of
Law, then spent two years with
Judge James C. McGuire
the District Attorney’s Office
before entering private practice.
He was appointed to the Superior Court in 1989, and
completed his two-year term as presiding judge Dec. 31.
The award will be presented at the Kaufman-Campbell
dinner May 27 at the Hilton Hotel in San Bernardino.
Past recipients include Judges Margaret Powers in 2009;
Michael Dest in 2008; Brian McCarville, 2007; A. Rex
Victor, 2006; Christopher Warner, 2005; Bob Krug, 2004;
Patrick Morris, 2003; Michael Smith, Jules Fleuret and
Dennis Cole, 2002; LeRoy Simmons, Betty Richli and Joseph
Johnston, 2001 and Rufus Yent, Frederick Mandabach and
John Ingro in 2000.
J’Amy Pacheco is the editor of the San Bernardino Bulletin, a
Metropolitan News publication.
Please mark your calendars for the next meeting of
I.E. LAW
Inland Empire
Legal Association of Women
Tuesday, April 20, 2010
at 5:30 p.m.
Office of the Public Defender
303 W. Third Street, San Bernardino
For questions please contact Marcie Gardner at
[email protected] or 909-635-2028.
Parking is available at the lot on the southeast corner
of 3rd and Arrowhead. The meeting will be on the
ground floor. Stairs to access the ground floor are to
the left of the main entrance to the Court building.
Signs within the office will direct you to the meeting
room.
San Bernardino County Bar Association
4
. . . President’s Desk
(from page 1)
As I mentioned in an article I wrote
in last December’s Bulletin, I believe
exercise is an important aspect of a
balanced lifestyle and, of course, helps
to reduce and relieve stress. I must admit
that, physically, I feel much better when
I head to work on mornings after a good
run. I am also happy to share that I already
shed those unwanted pounds.
San Bernardino Hilton and is always
well-attended by members of the bench
and bar. We salute Judges McGuire and
Welch for an honor well-deserved and
hope you can attend to celebrate with
them. (See page 2 for RSVP form.)
April 28, 2010 at Aquinas High School.
We are looking for five to ten attorney
volunteers to accompany the justices to
the classroom presentations. If you would
like to participate, please contact me or
Claire Furness at the Bar office.
DCA Outreach
Back in 2004, Manuel Ramirez,
Presiding Justice of the Fourth District
Court of Appeal, Division Two,
established an outreach program in
which he envisioned a panel of the
appellate court conducting oral argument
on live cases at local high schools. In
January 2005, the first program was
held at Pacific High School before an
audience of several hundred students.
After hearing argument on two cases,
the justices, together with appellate
court staff members and Bar Association
attorneys, visited classrooms to discuss
the cases, careers in the legal field and to
encourage the students to stay in school.
The event was a resounding success.
Since then, the program has been held at
other area high schools, including Rialto
High School and Chaffey High School in
Ontario. I am pleased to announce that
the program returns to San Bernardino
and will take place on Wednesday,
Law Day 2010
Every year on May 1, Americans
celebrate Law Day. Law Day is an
opportunity for all Americans to reflect
on the rule of law and the foundations of
our legal system. It is a time to celebrate
the rich history of our judicial system
and to consider its future in this rapidly
changing world. When he established
Law Day on May 1, 1958, as “a day of
national dedication to the principle of
government under law,” President Dwight
D. Eisenhower sought to highlight and
honor, for all Americans, our enduring
legal culture. We must recognize that our
legal institutions and system of justice
depend on popular participation and
support to maintain legitimate authority.
Lawyers and judges should recognize
that they bear a special responsibility to
foster public understanding of law and
legal institutions and commitment to the
rule of law.
On Law Day, Americans from all
walks of life, public figures and private
individuals alike, reaffirm in words and
deeds our shared national allegiance to
the rule of law. We encourage everyone
to acknowledge the importance of
our legal and judicial systems with
appropriate ceremonies and activities,
and to display the flag of the United
States and our state in support of this
educational observance.
Typically, members of our Bar
participate in events commemorating
Law Day. This year, one of our Board
members (and also a public defender)
Christopher Gardner is spearheading
Law Day activities, which includes
attorney visitations to schools throughout
the Inland Empire. Volunteers are
urgently needed. Please contact Chris
at 909-387-5340. Also, the High Desert
Bar Association is organizing a free legal
clinic on May 2 at the Victorville Mall. If
interested, please call HDBA President
Wil Mullins at (760)951-5058.
Kaufman/Campbell Awards
It is with great excitement that I announce
that the Bar Association’s Board of
Directors unanimously voted to bestow
the
2009-2010
Kaufman/Campbell
Awards upon former Presiding Judges
James C. McGuire and J. Michael
Welch. The award is named in honor
of two outstanding and distinguished
jurists from the Inland Empire, Justices
Marcus M. Kaufman and Joseph B.
Campbell and is presented to judges
who have “demonstrated the highest
standards of judicial excellence in the
pursuit of justice, while exemplifying
courtesy,
integrity,
wisdom
and
impartiality.” Since 2000, sixteen area
judges have been tapped for this honor.
The annual Kaufman/Campbell Awards
Dinner
is slated for May 27, 2010 at the
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Bar Business ...
Moving onto Bar business, I am pleased
to announce that the nominees have been
selected for the 2010-2011 Board of
Directors and Executive Board positions
of the Bar Association. John Lowenthal
is to succeed me as President, Khymberli
Apaloo will move into the position of
President-Elect, Brad White will become
Vice President and Jennifer Guenther
www.sbcba.org
April 2010
moves into the Secretary-Treasurer
position. Directors-at-Large nominated
for a second term are Barbara
Keough and Matt Marnell. Finally,
Wayne Tucker and Jack Osborn
have been nominated to fill the vacant
Director-at-Large positions, beginning
in November. Thanks to all of these
individuals for their devotion in making
our Bar the best that it can be.
In case you are interested, the deadline
for submission of nomination forms for
the State Bar Diversity Awards is June
30, 2010. These awards were established
by the State Bar Board of Governors in
2001 to recognize outstanding efforts
made by bar associations and individual
attorneys in promoting diversity in the
legal profession. The awards recognize
efforts made ensuring the full and equal
opportunity of all persons for entry and
advancement in the legal profession and
will be presented at a special reception
during the State Bar Annual Meeting in
Monterey in September. If interested,
please contact Claire at the Bar office for
an application.
I am pleased to announce the
appointment of David Colella to the
Board of Directors of Inland Counties
Legal Services (“ICLS”). David is a
young associate with my firm and I am
pleased he has agreed to step up and
assist ICLS. In case you are not aware,
several of our Bar members are on the
ICLS Board. They include George S.
Theios, who is Vice President, and Ana
Yeager, Claralou A. LaBarge, Elaine
S. Rosen, Matthew Marnell and Steven
R. Weber, each of whom are directors.
I would like to express my gratitude to
these members for their contributions
in making the difference in the lives of
those who are less fortunate.
...and Coming Events
The 2010 Bench-Bar Symposium on
civil practice issues is scheduled for April
8, 2010 at the San Bernardino Hilton from
5:30 p.m. to 8:30 p.m. Presiding Judge
Douglas Elwell will provide an update
on the State of the San Bernardino courts;
Associate Justice Thomas Hollenhorst
will update us on “The Appellate Court’s
Tentative Opinion Program”; Judge
Donald Alvarez will speak on law and
motion; Judge Joseph Brisco will talk
about writs of mandate; and Attorney
Wayne Tucker will discuss ADR in San
Bernardino County. (See flyer page 7.)
An exciting dinner program is being
sponsored by the Riverside County
Bar Association on May 5, 2010 at the
Mission Inn in Riverside. Former Los
Angeles County prosecutor Vincent
5
Bugliosi will speak on the topic of
“The Manson Murders: The Trial of
the Century.” As most of you know,
Bugliosi’s most famous case was the
Charles Manson murder case which
became the basis of his book Helter
Skelter. The RSVP deadline is April 21,
2010, so you are encouraged to reserve
your seat for the event if you wish to
attend. Contact the RCBA office at (951)
682-1015.
The Family Law Bench-Bar Symposium
is slated for May 13, 2010 also at the San
Bernardino Hilton from 5:30 p.m. to 8:30
p.m. (See details on page 15).
On May 20th, the Inland Empire Legal
Association of Women will celebrate
their first year anniversary at a dinner
featuring United State District Court
Judge Virginia Phillips. (See flyer on
page 13).
Lastly, the High Desert Bar Association
has announced their fall cruise to Baja,
Mexico which will take place October
8-11, 2010 on Carnival Cruise’s ship
“Paradise.” Reservations are now being
taken. Deposits are due by APRIL 10TH
so contact Janet Davis at (800) 499-7443
right away. (See flyer on page 8.) This is
always a fun event and a great way to
earn valuable MCLE credits.
A college of lawyers and others dedicated to the study of bankruptcy and insolvency
Bankruptcy and Family Law:
When Do They Clash and When Do They Co-Exist?
Panelists:
Christopher Celentino, Certified Bankruptcy Specialist and Bill Edger, President of the RCBA Family Law Section
Tuesday, May18, 2010
No Host Cocktails 6:00 p.m. - Dinner 6:30 p.m. - Program 7 p.m.
Riverside Marriott • 3400 Market Street, Riverside, CA 92501
Early Registration with Payment by May 11: Members $65 - Non-Members $75 - Government Employees $30
Late Registration after May 11: Add $5 and email [email protected] to ensure your space.
No refunds for cancellations received after May 11. (Membership Dues $70)
To register, complete and return the reservation form with your check to:
The Inland Empire Bankruptcy Forum • 6789 Quail Hill Parkway, #204 • Irvine, California 92603
The above activity has been approved for minimum continuing legal education by the State Bar of California in the amount of one
hour. The Inland Empire Bankruptcy Forum certifies that this activity conforms to the standards for the approved education activities
prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.
Questions? Contact the IEBF at (951) 479-3585 or [email protected].
San Bernardino County Bar Association
6
300 Things You Can
Do With A Law Degree
A Free Live Webcast from the
Practising Law Institute (NO
MCLE is offered for this course)
(*This is a webcast of the live San
Francisco session.)
April 30, 2010, 9:00 a.m. - 12:30
p.m. (P.D.T.)
Why You Should Attend
Have you recently been laid off from your
legal job or are unhappy with your current
legal employment? Are you having difficulty
finding meaningful and productive work in
the current tight employment market? Are
you unable to focus on or are uninformed as
to what other job areas in or out of law might
suit you better?
If you answered yes to any of the previous
questions, this seminar will give you much
information and many ideas to help you find
meaningful work, learn techniques to get a
good job, and advance your career. Taught
by a nationally known career consultant
who herself practiced law for ten years and
has written the best selling “The Lawyer’s
Career Change Handbook,” you will be
given practical ideas and pointers about the
variety of job and career options that lawyers
can pursue, as well as be informed about how
to search out job availability, make contacts
to get jobs, tailor your resume and interview
skills, and move forward in your career,
whether in or out of law.
Who Should Attend
Law students, practicing lawyers,
unemployed lawyers, re-entry lawyers and
anyone who has a J.D. and desires to find
a good job in or out of law and have more
career satisfaction.
What You Will Learn
• The possible uses for your legal training,
both in and outside of the legal field Ideas
about jobs and categories that might fit for
who you are and what you want to do
• How to research the job market and
make new contacts for employment; begin
identifying your skills and abilities and
how they translate into new job or career
possibilities
• Illustrate how to restructure your resume
and oral presentation about yourself so that
an employer will understand your suitability
for the job
• Ways to best present yourself so that you
can get a satisfying job, whether in or outside
of law
• Effective methods for networking and
interviewing
How to Attend
(*Note: The live seminar has reached its
seating capacity. You may only attend by
webcast.) You may register to view the free
live webcast here:
http://www.pli.edu/product/webcast_
detail.asp?id=74872
April 2010
or call Customer Service for more information
at (800) 260-4PLI.
Practising Law Institute is a non-profit
continuing legal education organization
chartered by the Regents of the University of
the State of New York, founded in 1933. PLI
is dedicated to providing the legal community
and allied professionals with the most up-todate, relevant information and techniques
which are critical to the development of a
professional, competitive edge.
Registered Nurse Plaintiff and Defense
Consulting Expert
Review medical records.
Screen cases for relevance, merit.
ð Identify medical issues that may
have been overlooked.
ð Liaison between attorney and
healthcare providers, experts.
ð
ð
Betty A. Lyons, RN, WCC® , CLNC®
Medical Malpractice/Criminal Law/Personal Injury
Elder Abuse/Wrongful Death/Pressure Ulcers/Falls
Surgical Failures & Retained Objects
951-551-4722
[email protected]
www.LegalNurseBetty.com
No Consult is too Big or too Small
Non-Attorney Member Inland Empire Legal Association of Women
ELWOOD M. RICH
JUDGE OF THE
SUPERIOR COURT
(RET.)
JUDGE FOR 28 YEARS
MEDIATIONS
ARBITRATIONS
INDEPENDENT ADR
(951) 683-6762
CALIFORNIA SOUTHERN
LAW SCHOOL
3775 ELIZABETH ST.
RIVERSIDE CA 92506
April 2010
“The oldest continuously active bar association in California”
Bench-Bar Symposium: Civil Practice Issues
Update on the San Bernardino Courts
Honorable Douglas Elwell
Presiding Judge, SB Superior Court
Update on the District Court of Appeals
Associate Justice Thomas Hollenhorst
“The Appellate Court’s Tentative Opinion Program”
Updates On Recent Developments in Civil Law
Honorable Donald R. Alvarez
“Law and Motion Do’s and Don’ts”
Brief discussion on effective pre-trial practice
Honorable Joseph Brisco
“Writs of Mandate”
M. Wayne Tucker, Attorney at Law
“The Role of ADR in Civil Law”
Thursday, April 8, 2010
Social 5:30 p.m. • Program: 6:30 to 8:30 p.m.
Held at the San Bernardino Hilton Hotel
285 East Hospitality Lane, San Bernardino, CA
Cost: $40 for SBCBA, RCBA, WSBCBA Members
and all court personnel; $50 for Non-Members
Includes buffet dinner, program and materials.
MCLE: 2 hours (includes 0.5 hour of ethics)
The San Bernardino County Bar Association, a California State Bar-approved MCLE provide00r, certifies that this
activity is approved for 1.5 hours of MCLE general credit and 0.5 hour of Legal Ethics by the California State Bar.
Call 909/885-1986 or reserve online at www.formdesk.com/sbcba/rsvp. Or send your name,
address, email & phone and a list of attendees with your check (made payable to SBCBA) to:
SBCBA BENCH-BAR SYMPOSIUMS
555 N. ARROWHEAD AVENUE, SAN BERNARDINO, CA 92401
7
8
San Bernardino County Bar Association
April 2010
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www.sbcba.org
April 2010
9
20TH ANNUAL RED MASS
John C. Rayburn, Jr. Will Be Honored with the Saint
Thomas More Award
Tuesday, May 4, 2010, at 6:00 p.m.
John C. Rayburn, Jr., former U.S. Magistrate Judge
and former Assistant U.S. Attorney, will be honored
with the Saint Thomas More Award for his extraordinary
service and devotion to church, community, and justice.
The Saint Thomas More Award is given to attorneys in
the community whose professional life is a reflection of
their faith, who give hope to those in need, who are kind
and generous in spirit, and who are exemplary human
beings overall. Stephen Larson will present this award
at a complimentary dinner reception in the parish hall
following the mass.
SAINT FRANCIS DE SALES CATHOLIC CHURCH
4268 Lime Street, Riverside
T
he entire legal community and persons of all faiths
are invited to attend the 20th Annual Red Mass on
Tuesday, May 4, 2010, at 6:00 p.m. The Mass will be
held at Saint Francis de Sales Catholic Church, located at
4268 Lime Street, Riverside, 92501, across the street from
the California Court of Appeal, Fourth District, Division
Two. The chief celebrant will be the Most Reverend
Rutilio del Riego, the Auxiliary Bishop of the Diocese of
San Bernardino. The homilist will be the Very Rev. Msgr.
Tom Wallace, E.V.
The Red Mass is a religious celebration where members
of the legal community of all faiths invoke God’s blessing
and guidance in the administration of justice. All who are
involved in the judicial system, including lawyers, judges,
legal assistants, court personnel, court reporters, court
security officers, and peace officers, are encouraged to
attend the Red Mass.
The Tradition of the Red Mass
The Red Mass is celebrated each year in Washington,
D.C., where Supreme Court justices, members of
Congress, and the President attend at the National Shrine
of the Immaculate Conception. Since 1991, the Red Mass
has been offered in the Diocese of San Bernardino, which
covers both Riverside and San Bernardino counties.
For further information about this event, please contact
Jacqueline Carey-Wilson at (909) 387 4334 or Mitchell
Norton at (909) 387-5444.
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10
San Bernardino County Bar Association
Divorce & The
House: The Rules
Have Changed
By Laurel Starks
The following is a narrative of the
MCLE seminar of the same name
that was recently taught by Laurel
Starks & John Mansour.
T
he fall-out of the housing crisis
still unfolds, and just as soon as
we think we’ve seen it all - we get
stumped. Again.
The law has not caught up
to today’s problems, and we
dangerously apply old solutions to the
new issues - because we either don’t
recognize the differences, or because
we don’t know what else to do. In the
area of divorce, riddled with its own
complexity, it is more important than
ever that we distinguish the traits of
these newer housing problems before
coming up with a decision. There are
consequences to almost every option
a divorcee has with regards to the
real property dilemma; the minutia
involved in every case makes solving
the real estate problem the antithesis
to one-size-fits-all.
For those of us who live and
breathe real estate all day long, these
nuances are a full-time job to say
the least; they are mindboggling at
best. They are ever-changing for
sure. Some of the most complex
aspects are the deficiency and tax
ramifications of debt forgiveness.
The following is a contribution
by real estate attorney John F.
Mansour:
The visible and “primary” fallout
of the housing market has been well
documented by now - declining
values followed by foreclosures or
in some instances short sales. But
the “secondary” fallout has been a
specter so far, but looks to materialize
before our eyes just as we think the
worst is over. This is the specter of
deficiency judgments.
Let’s take a home that’s
significantly under water with a first
and a second lien. That second lien
is a Home Equity Line of Credit or
HELOC, which was used to pay off
other debt, purchase vehicles, or as
down payment on another property.
The house is foreclosed on by the first
and the house fetches barely enough
to covert that first. The second is out
there and it’s bare. Under California
Law the second has up to six years
to chase the deficiency against the
borrower. In this circumstance
foreclosure may not be the best
option for the borrower.
Of course, if the debt is forgiven
by the lender and they agree or
legally cannot pursue a deficiency,
the borrower may be subject to
cancellation of debt income. The
borrower will likely get a 1099-C (C
for Cancellation) and be responsible
for that income, unless some
exception applies. The old adage
“there is no free lunch” is apt here.
Because of these pending issues,
some have started wondering about
the relic that is assuming the loan. In
the late 70’s through 80’s, assumable
loans were in vogue. Interest rates
were very high and loan documents
did not have restriction on such
April 2010
transactions. But those loop holes
have long been closed by wary
lenders such that qualifying to
“assume” a loan is just as intensive
as getting a new loan. And there is
the issue of why someone would
assume a loan that is collateralized
by a property that is worth half the
loan or subject themselves to higher
than market interest rates.
In a divorce, with the potential
consequences, it is imperative that
the parties get sound counsel as to
what exposure they would have in
their particular situation. Facts like
probate, bankruptcy and judgments
complicate the divorcing homeowner
even more. The kind of loan, the
names on the loan, the balance of the
loan, when the loans were originated
and who the investor & servicer are,
are some of the factors that make
every situation unique.
In the “old days,” circa pre-2005,
it was common for one party to
quit-claim off of title and leave the
residence in the hands of the “in”
spouse, who would in-turn refinance
it and pay off the “out” spouse their
share of equity. That usually cannot
happen now, for two reasons: 1)
there is no equity, and 2) a refinance
is impossible when there is no
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April 2010
“The oldest continuously active bar association in California”
equity. So we should take a hard
look at what it means to remain tied
to a mortgage post-divorce.
Married to the Mortgage: This has
trouble written all over it. Giving
up ownership rights to an asset, yet
remaining financially responsible for
it isn’t a wise thing to do.
What happens when the “in”
spouse starts missing payments and
the “out” spouse’s credit is affected?
What happens when the “out” spouse
applies for a new mortgage and can’t
qualify because they already have
a mortgage? What happens when
the “in” spouse needs to short sell a
few years later and the “out” spouse
won’t cooperate? If the “out” spouse
remains on title, then what happens
if he develops a gambling problem
and the house is liened? Or either
one gets a tax lien? What happens if
he files bankruptcy? These are just
some of the scenarios that come to
mind.
I had a call not too long ago from
a woman in Wyoming, of all places.
She and her boyfriend wanted to
buy a house together, but they could
not qualify because he was still
tied to the mortgage note from his
former marital residence. His ex
was awarded the house and he quit
claimed off title. He is not a rightful
owner, and can’t make his ex-wife
(who was awarded the house in the
divorce) sell. She does not qualify to
refinance. He’s stuck. Last I heard,
he was going to take his ex-wife to
court in an effort to force her to sell.
What a mess - and it could have been
avoided if the parties divorced the
mortgage along with each other.
Remaining on a joint mortgage
means
remaining
financially
married. Therefore, the decision
not to sever the mortgage should be
weighed very carefully.
Throwing the House out with
the Bathwater: It’s no secret that
all too often, the struggles and
overwhelming impact of divorce
diminishes the parties’ ability to
make sound decisions. A common
decision with the upside-down,
albatross of a house is to let it
foreclose. Credit’s ruined anyway,
and who has the time or energy to
deal with selling it. especially when
there’s nothing to get out of it?
Here’s the reality check: One
day, our clients will want to begin
their lives anew. Once the pain and
upheaval have faded, they will want
to plant new roots and that usually
involves buying a new home. After
a foreclosure, according to today’s
lending guidelines, they cannot
purchase again for 57 years. After
a short sale, it is 2 years. Encourage
them to muster up the stamina to
short sell, rather than to foreclose
they’ll thank you later.
Further, a foreclosure has tax
consequences. It can also have
deficiency consequences, and is not
an end-all solution to the problem.
From a credit/purchase standpoint,
foreclosing rather than short selling
will make the road to recovery much
Weldon L. Brown
•
•
•
•
WELDON L. BROWN
COMPANY
INC.
State Court Receiver
Trustee
Referee
Member of California
Receivers Forum
5029 LaMart Drive / Riverside, CA 92507
(951) 682-5454 • (909) 824-5650 • Fax (951) 788-8718
www.weldonbrown.com
11
longer.
Delaying the Sale: In the old days,
it was not uncommon to delay the
sale of the family residence until
either the children were grown, or
the market was more conducive
to selling. But when the equity
is drastically upside-down, more
problems can be present than in a
case where there is equity.
For one, studies are now coming
out, indicating that homeowners who
are upside down - but still able to
maintain payments - are defaulting
intentionally. It may only be a
matter of time before the “in” spouse
decides they don’t want the house
because it is a poor business decision
to keep it.
Secondly, let’s be honest about
the reality of equity recovery. In the
Inland Empire, values are down 50%
or more in many cases. Prices are not
going to recover in a couple of years
by that much.
Also, when short selling, the credit
does take a hit. Albeit a much lesser
hit than a foreclosure, it is damaging
to one’s FICO score. If the credit is
already destroyed as a by-product of
the divorce, then it may be better to
add the house to it while it’s already
down. Repairing credit only comes
with time, and if two or three years
after the divorce when credit has
been reestablished, dealing with a
short sale at that time just prolongs
the ability to rebuild.
It is costly and time-consuming
to revisit the house issue years later
when the end result is often the
same. This should be thought out
before deciding to procrastinate the
inevitable.
Vacant Properties: When everyone
moves out and the house is left
vacant, it is a sitting duck for
squatters and poachers. Squatters
are otherwise vagabonds who set up
camp in these vacant homes. They
have rights to some extent, and can
be difficult infestations to eradicate.
New business opportunities have
sprung up among thieves in this
(Continued on next page)
12
Divorce and the House...
(continued from page 11)
market. They poach vacant houses
for everything that is tied down: air
conditioning units, appliances, pool
equipment, fixtures, water heaters…
you name it. Basically, they make a
perfectly good house unsellable.
In order to avoid getting poached
or squatted, a house should either
be occupied or it should be made to
look occupied. It should be stipulated
who is to maintain the lawn, pay the
homeowner’s association, and pay
utilities. Once a purchase agreement
has been signed, it is contractual that
a seller delivers the property to the
buyer in the same condition it was in
when the agreement was reached.
Real Property: Lastly, real property
needs to stay with the property.
Awarding kitchen appliances to one
party makes for a difficult house to
sell because lenders need to have
a functional house before they will
make a loan to a buyer in most cases.
If appliances are going to go to one
party, then replacement appliances
should be ordered.
In this climate, I cannot stress
enough the importance of advising
clients properly and completely.
Bringing in experts may be the best
option in this overwhelming real
estate market.
Laurel Starks is a Divorce Real
Estate Specialist with Keller
Williams Realty, an author, lecturer,
educator, and host of “Real Estate
Matters with Laurel Starks” radio
talk show on KTIE 590-AM. She is
widely regarded as an expert in real
estate and short sales. Ms. Starks
is not an attorney, and any of the
information contained herein is not
to be construed as legal advice. You
may contact Laurel at 909.945.0609.
www.LaurelStarks.com.
DRE Lic. #01719958
San Bernardino County Bar Association
April 2010
HI-CALIBER
Private Investigations
has moved our San Bernardino office to the
historical downtown Redlands.
Our new location: 18 E. State St., #208 Redlands, CA 92373
Our new telephone: (909) 792-0999
www.Hi-Caliber.org
State Licensed and Insured (#23442)
!!!"#!!$%
&'"($)*+!,-"
!!.&!
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Join the Lawyer Referral Service of the
San Bernardino County Bar Association
and build your client base!
We now have the following specialty panels:
Bankruptcy- Criminal Law - Estate Planning - Family Law
- Immigration - Juvenile Law- Personal Injury - Real Estate Social Security - Workers’ Compensation
Call (909)884-0273 for an application.
The SBCBA’s Fee Arbitration Program
needs your help!
We have a need for fee arbitrators practicing in the
following fields of law:
Family Law; Criminal Law; Employment Law;
Loan Modifications
Please call (909)885-1986 or send an email to
[email protected].
www.sbcba.org
April 2010
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14
San Bernardino County Bar Association
April 2010
CLASSIFIED ADS
SERVICES
CONFERENCE ROOMS FOR RENT - $100-$200 per day in
Redlands. Meetings, Depos, Interviews, Conf. center. Beautiful,
themed, spacious conf. rooms for 4-25 people. Receptionist,
luxurious waiting area, coffee, snacks, refreshments, Wi-Fi &
electric outlet. Copying/faxing, whiteboard/flip chart, notepads &
pens also included. Power point, DVD, audio-visual support on
site. Optional admin., notary and lunch/dinner service available.
Call Tracie - RAMS - 909/798-4554 - 1710A Plum Lane,
Redlands. [email protected] - www.mediate.com/rams.
THE LAW OFFICE OF STEPHEN J. HANSEN, in Chino,
handles Family Law, Chapter 7 Bankruptcy, and DUI defense.
I am available for special aprearances at reasonable rates.
My phone is 909-393-1876, Fax 951-270-1935.
EXPERIENCED TRIAL ATTORNEY AVAILABLE. The
Law Offices of Robert G. McCoy & Associates, P.C. would
like to announce the association of Bill Vaughan, Esq. Bill
Vaughan, former Senior Trial Counsel for Progressive
Insurance Company, is available to take over personal injury
and civil cases that are ready to go to trial. He has handled
over 17 jury trials. Phone: 909-467-1169
MITCHELL W. COX INVESTIGATIONS: Criminal Def.
Personal
Injury,
Accident
Investigation,
Evidence
Photography. Retired CHP. PI License #24367. (909) 3870077. www.coxpi.com
CPA FORENSIC ACCOUNTANT, Howard E. Friedman.
Business Valuations, Cash Flow, Separate vs. Community
Property Tracing. Court-Appointed Expert, Receiver, Special
Master. Call 909-889-8819 Fax 909-889-2409 454 N.
Arrowhead Ave., San Bernardino, CA 92401.
FREEDOM INVESTIGATIVE SERVICES, INC. CA
Certified Paralegal. No law enforcement background.
Experience in most investigation. What is your need?
[email protected] 909/835-6168
ALAN R. SIMS APPRAISING - Commercial, Residential,
Estates, Litigation, Divorce, Ins., M&E. 909/584-8820.
[email protected]
Intellectual Property Attorney / Patents, Trademarks,
Copyrights: Available for advising, preparation and
prosecution of patent and trademark applications, and
copyright registrations. Call the Law Offices of Colin D.
Rasmussen: 909/653-6607 (phone); 909/824-6319 (fax);
email - [email protected].
HI-CALIBER PRIVATE INVESTIGATIONS: We are a State
licensed & insured private investigations firm. We are now
located in historical downtown Redlands. We are National
Board Certified in Criminal Defense. We also do family &
civil law.(Ca Lic 23442.) 18 E. State St., #208, Redlands, CA
92373. Our new phone: 909 792-0999; www.hi-caliber.org
LAW OFFICE OF CHRISTIAN ANYIAM: Full service law
practice handling civil, family, real estate, labor/emp., PI,
immigration, and contract law. We also make special court
appearances. Call 909/383-9500.
CREATIVE FINANCE - Real Estate Only! Hard Money
/ Private Money Lenders. Residential, commercial, land
& construction completion. In probate, foreclosure, or
bankruptcy OK (w/Court OK). Save the property, loosen up
operating capital. Title in trust, corp., or foreign ownership is
O.K.! Call JOHN 951-536-7641 or [email protected]
CPA W/ 30+ YRS EXP. available to advise and testify on:
• Real Estate /Partnership Taxation and accounting issues.
• Real estate syndication and management issues
• Real estate finance matters. Please call or email for CV:
310-476-5987 or email [email protected]
Larsen AVR Group, Inc. Full Service Private Investigations
Firm. Offices in L.A. & Claremont. www.larsenavrgroup.net
(213)533-8440 or (818)326-2202.
MORTGAGE CONSULTANT to attys, not acting as agent.
Many years of exp. Will review all loan apps, escrow, loan
commitments for possible modifications. Also do review with
TILA lawsuits in mind. CPA. background. Financial review,
proforma financial statements to get realistic client picture.
Discreet, reliable, references. Will travel, reasonable hrly
rates. Contact Thomas: [email protected]
WORKER’S COMP DENIED? We can write your “medical
necessity” letter and obtain peer review within 48 hours. Over
4000 cases reviewed. Ted Wyman, MD 909-725-6866.
LEGAL NURSE BETTY REVIEWS MEDICAL RECORDS.
Our team takes boxes (or boxcars) full of Medical Records,
turning them into effective, unbiased, attorney-friendly work
products. Legal Nurse Betty, Inc., a Certified Legal Nurse
Consulting Firm, is dedicated to quality work and long-term
business relationships in the San Bernardino County area. Call
951-551-4722 or [email protected]
JUDGMENT COLLECTION California courts have inherent
and statutory power to compel obedience to their judgments,
orders & process. CCP 128(a)(4), 177; Professional judgment
enforcement since 1999. Steve Alldis, JD 760-946-5259.
MORTGAGE FINANCE EXPERT: Teresa Tims, Senior
Mortgage Consultant w/ South Pacific Financial, a Mortgage
Banker in the Inland Empire for 25 years, Is available to
consult with your clients when a home loan professional Is
needed. Teresa specializes in residential mortgages of all
types; FHA,VA,Conv., CalPERS, CalStrs, CalHFA, HART. Visit
Teresa at WWW.teresatims.com or call 909/821-3093.
EXP’D LITIGATION/PROBATE ATTY avail. for contract work
(depositions, trial prep, pleadings etc.) Also avail. for in person
court appear. in Riverside County (Indio) and San Bdno County
(Redlands) or other court-call appear. at other locations. Call
Flint Murfitt 909/557-4447 or 760/320-6008.
ATTORNEY w/more than 10 years exp. in Civil Litigation,
Real Estate, Business Litigation and Appeals. avail. for
research/writing projects, law & motion, depos, discovery, and
appearances. Glenn A. Williams - 951/817-7829.
COMPUTER FORENSICS, E Discovery, and Data Recovery.
Intelligent Computer Forensics, Inc. can help your org. w/
complex investigations, inc. collecting & preserving electronic
data using court-validated tools & techniques. Expt. analysis
of collected data; depo & trial testimony. Call for competitive
rates schedule: Intelligent Computer Forensics, Inc; 2330 La
Mirada Dr, #500, Vista, CA 92081. (760)599-7033; Toll Free:
(800)760-4237. Email: [email protected]
FAMILY LAW /CIVIL LIT. ATTORNEY avail. for contract
work: court hearings, research, trial assist., prep of motions,
mediations. Ugo-Harris Ejike: 909/890-9082.
FORENSIC DNA TESTING - Human Identification
Technologies, Inc., 2-4 wk turnaround time w/single scientist
representation & extensive law enf. lab exp. Court ready DNA
testing results. Free Est. 909/557-1828. Located in Redlands,
CA. HITDNA.com or [email protected]
LEGAL SECRETARY, Ellie’s Legal Secretarial Service, 350 W
5th St., #202, S.B. CA, 35 years exp. Prep of most court forms,
Guardianships, Fam Law, Evictions, Grant Deeds, Restraining
Orders, Notary Public. 909/885-1725.
INVESTIGATIONS: Nat’l Intelligence Group Inc. We offer
backgrounds, witness locates & statements, custody,
domestic. Visit our web site: www.mypinow.com or call:
909/447-8458.
CIVIL AND CRIMINAL APPEALS & WRITS. Stanley W.
Hodge, Attorney at Law. 15490 Civic Dr. #204 Victorville, CA
92392 760/951-8773.
OFFICE SPACE
FOR RENT: Small office and optional secretary space available
close to Riverside Courthouses. Starting at $500.00. Includes
receptionist, conference room, access to firm’s library resources, free
parking, all utilities (except phone), and storage space. Professional
environment. Ideal for an attorney or CPA. We also provide virtual
offices and conference room rentals. Please CALL 951-369-9300 and
ask for the office manager for more information.
DOWNTOWN REDLANDS OFFICE SPACE AVAILABLE. Office with
view and receptionist/waiting room area available. Shared conference
room. Fully maintained building located in the Citibank Building
downtown Redlands. $1,500 per month. Great space for attorney,
accountant, insurance, or professional. Attn. Office Manager, Betty
Auton-Beck, A Professional Law Corporation, 300 E. State Street,
Suite 200, Redlands, CA 92373, E-mail: [email protected] or
[email protected], Tel. (909) 792-5882; Fax: (909) 792-5150.
BANKRUPTCY, CIVIL OR CRIMINAL ATTORNEYS: Need a place
to meet your high desert clients, but don’t need a full
office? Single designated office avail. in small family law
firm - reasonable monthly rate.One block from V.V. Crthse.
Secretarial services not inc. Call Jenine at 760-245-3220.
FOR RENT: Directly across street from Victorville
Courthouse. 3055 sq. ft.; OR 16,555 sq. ft. single story,
stand alone building. Call 760/244-2740 or 760/243-4135.
ATTORNEYS WANTED! Downtown San Bdno., across
from the court house. Office space avail. 250 to 7500 sq.ft.
Well main. bldg w/County, Law offices and Court offices.
Ample parking. 800/398-4210.
OFFICE FOR RENT - FURNISHED. Spacious Redlands
office, furniture included, kitchen/conference room privileges,
internet access, fax/copier use available. Secretarial space
also available. Contact 909/798-7911.
OFFICE SPACE FOR RENT Legal office suite with mtn view;
3 attorney offices, secretarial, reception, and kitchen. Fully
furnished and decorated; computer, copier and phone can
be included. Prime downtown San Bdno location; walking
distance from San Bdno Court. Secure building with parking.
Please contact Aurora Alonzo at 909/888-2211.
RANCHO CUCAMONGA OFFICE SPACE available.
Walking distance to the Ranch Cucamonga Superior Court
House. The lease can be the first floor of approx. 3,500 sq.
ft. or can be subdivided into 2 offices of approx. 1,200 sq. ft.
and 2,300 sq. ft. CONTACT Brit Barker at 909/980-1996.
DOWNTOWN RIVERSIDE. New Construction. Contemporary
Live/Work units on Market St., blocks away from the Inland
Justice Center. Professional office suites 185-615 square
feet with attached 2BD/2BA beautiful upgraded apartment
and garage. Prices from $2442/month. Call 951/686-7100.
FOR SALE: Redlands Office Building, 1174 Nevada Street
(off Orange Tree Lane). 8,070 Square feet, with 5,100 sq. ft
available on ground floor for owner/usesr occupancy. Asking
$1,500,000.00. Will review all offers. Roger Thompson,
Wallendar Commercial RE. 909/792-3550 X 2.
DOWNTOWN OFFICE SPACE! 2055 sq ft of exec. office
space for lease on 2nd flr of downtown bldg. 4 private offices
walking distance of county courthouse. $2800 mo. inc. elec.,
water. Disc. rates for long term lease. Also 2 individual offices
on 1st floor avail. for $250/mo. Contact RC Chavez at 909/
224-4926 or [email protected].
COLTON PROF’L OFFICE BLDG. Exec. Suites avail. for
lease on a full services gross basis. Lease inc. min. recept.
duties. Great space for atty., accountant, ins., escrow, or prof’l
user. 595 N. La Cadena Dr., Colton, CA. Roger Thompson,
Wallender Com’l Real Est. 909/792-3550 x2.
EMPLOYMENT
SEEKING ESTATE PLANNING AND CORPORATE
PARALEGAL. Redlands Law Office seeks F/T estate
planning/corporate
paralegal
w/minimum
2
years’
experience in drafting estate planning documents, deeds
and preparing all transactional documents related to
corporations, partnerships, LLCs and annual documents.
Must be organized, have excellent writing, verbal skills.
Compensation commensurate w/experience. Submit
resume to Betty Auton-Beck, A Professional Law Corp., Attn.
Office Mgr, 300 E. State St. #200, Redlands, CA 92373, Email: [email protected], Fax: (909) 792-5150.
SEEKING ATTORNEY. Redlands Law Office seeks
attorney, with exp. in business law, litigation, corp. Flexible
hrs, compensation negotiable. Submit resume: Betty AutonBeck, A Professional Law Corporation, Attn. Office Manager,
300 E. State Street, Suite 200, Redlands, CA 92373, E-mail:
[email protected], Fax: (909) 792-5150.
TWO YEAR ATTORNEY with previous Criminal Defense,
Family Law and Juvenile Delinquency and Dependency
experience seeking full time associate position, salary
negotiable. Please contact Jennifer Boylston at (909)5563042. Resume, references and writing samples available upon
request.
EXPERIENCED ESTATE PLANNING PARALEGAL
needed to assist with preparation of Trust and other Estate
Planning documents. Must be familiar with the CAPS
program. Please fax resume to 951-369-9310.
ASSOCIATE ATTORNEY Rancho Cucamonga Litigation Firm
seeks attorney. Newly admitted up to one year attorney for
law and motion, court appearances, discovery and handling
of files. Competitive salary & benefits. Please fax resume with
writing sample to 909-477-3272.
NOTICES
CONFIDENTIAL HELP Judges & Attys in trouble w/alcohol,
drugs. 909/683-4030, 24hrs-7 days wk.
SBCBA Members: Advertise FREE for 3 mo. in Classifieds.
Continue ad for $10 per month in advance. 909/885-1986 or
email [email protected].
Conference Room available for depos, etc. at SBCBA
office. 1 block from courthouse. Discount rates to SBCBA
members. Call 909/885-1986.
WANNA GET AWAY WITH MINIMUM DRIVING TIME?
Beautiful 2,200 sq ft retreat in GreenValley Lake. 3 Bdrms,
2 full baths, fireplace. Sleeps 12-14. Huge pool room with
regulation table, dart board, card/game table. Cable TV. Full
kit w/ all amenities. All linens included. Big backyard; outdoor
Spa seats 6; parking for 6 cars; located right on main road.
1/2 mile walk to stores and lake (rowboat included!). $300/
$350/ $400 weekdays/ weekends/ holidays per night, 7 day
stay gets one free night. (Special rates may be available in
Spring - call for information.) To reserve your weekend, call
909/867-4182. (See photos here: http://www.vrbo.com/
133847#)
April 2010
“The oldest continuously active bar association in California”
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15
San Bernardino County Bar Association
16
BULLETIN
of the
San Bernardino County
Bar Association
“California’s Oldest Continuously Active
Bar Association”
Organized December 11, 1875
In Affiliation with the
High Desert Bar Association
April 2010
Workers’ Compensation/Social Security Disability Issue?
MAYBE WE CAN HELP!
We have over 50 years experience in
representing injured and disabled workers
before the Workers’ Compensation Appeals
Board and Social Security Administration. If
you have clients who need help with Workers’
Compensation or Social Security problems,
please have them call our office for a free
consultation. We pay referral fees in accordance
with State Bar Rule 2-200(A).
Laurence R. Lerner
Francisco T. Silva
2009-2010 Board of Directors
OFFICERS
Thomas W. Dominick
President
John S. Lowenthal
President-Elect
Khymberli S. Apaloo
Vice-President
Bradley R. White
Secretary-Treasurer
Michael A. Scafiddi
Immediate Past President
DIRECTORS-AT-LARGE
Hon. Diane I. Anderson
Kevin B. Bevins
G. Christopher Gardner
Jennifer M. Guenther
Barbara A. Keough
Matthew A. Marnell
Sandy L. Turner
John R. Zitny
Executive Director
Claire E. Furness
“The mission of the San Bernardino County Bar
Association is to serve its members and
the community and improve
the system of justice.”
555 North Arrowhead Avenue
San Bernardino, CA 92401-1201
(909) 885-1986 Fax: (909) 889-0400
E-mail: [email protected]
Web: www.sbcba.org
T
he Bulletin of the San Bernardino County Bar
Association is published 11 times a year. Our
circulation is approximately 1,100, including: our bar
membership of 900, 95 state and federal judges, state
&local bar leaders, legislators, media, and businesses
interested in the advancement of our mission.
Articles, advertisements and notices should be received
by the bar office no later than the fifteenth of the month
prior to the month of publication. For current advertising
rates, please call the number listed above. Please direct
all correspondence to the above address.
WORKERS’ COMPENSATION LAW CERTIFIED SPECIALISTS
STATE BAR OF CALIFORNIA / BOARD OF LEGAL SPECIALIZATION
Lerner, Moore, Silva, Cunningham & Rubel
Ph: 909/ 889-1131• Fax: 909/884-5326
141 North Arrowhead Avenue, Suite 1
San Bernardino, California 92408-1024
www.injuryatwork.com