February 2016 Issue - North County Bar Association

NORTH COUNTY
Lawyer
PUBLICATION OF THE
VOL. 33, NO. 2
www.northcountybar.org
FEBRUARY 2016
Lawyer
NORTH COUNTY
Published by the
North County Bar Association
(760) 758-5833 * Fax (760) 758-3979
E-mail: [email protected]
Web: www.northcountybar.org
249 S. Indiana Ave., 2nd Floor; Vista, CA 92084
P.O. Box 2381 Vista, CA 92085
NCBA
Mary Silva, Executive Director
P.O. Box 2381; Vista, CA 92085
© 2016 North County Bar Association
Our mission is to promote professional excellence,
camaraderie, philanthropy and community outreach
Board of Directors:
Joseph L. Stine, President
Robert Daniels, Vice President/ Treasurer
Amber Crothall Vice President/ Secretary
Debra Lewis, Vice President
Katie Anderson, Vice President
Marian Birge, Director
Melissa Bustarde, Director
Gregory Lievers, Director
Wm. Lionel Halsey, Director
Thomas Penfield, Director
Ikuko Sano, Director
Silvina Tondini, Director
William Wolfe, Director
CONTENTS
Letter from the Editors
3
President's Perspective
4
Director Spotlight
6
State of The Judiciary
Meet Lauren N. Bradach
8
11
#Crimpro12
Installation Dinner Photos
14
Appellate Notes
17
Business In Brief
18
Classifieds
26
27
MCLE Calendar
February/March
28
Staff:
Mary Silva, Executive Director
Rosemary Contreras, Membership Coordinator
Magazine
Co-Editors: Wayne Templin, Vik Chaudhry,
Audrey Powers Thornton, and Caron Woodward
Editorial Committee:
Deborah Bayus
Vik Chaudhry
Brenda Geiger
Bill Kamenjarin
Hon. David Moon
Thomas Penfield
Mary Silva
Dennis Stubblefield
Wayne Templin
Audrey Thornton
Caron Woodward
The North County Lawyer Magazine is published monthly by the
North County Bar Association. Subscriptions, articles, photos and
advertising should be submitted to: NCBA, P. O. Box 2381, Vista,
CA 92085 or [email protected], or (760) 758-5833.
The subscription rate for non-members is $40 per year.
Deadline for submissions is the 1st of the month prior to publication.
The North County Lawyer reserves the right to edit all
submissions.
2
North County Lawyer
Letter From The Editors
By Vik Chaudhry, Wayne Templin, Audrey Powers Thornton, and Caron Woodward
F
ebruary is here, bringing with it blizzards (oh,
wait, that's in that other part of the country), Valentine's Day, and everywhere images of paper
hearts in pink and red. In this month of love surrounding
us, it is a time to take to heart the words of philosopher
and redhead Lucille Ball, who said "Love yourself first
and everything else falls into line." In our profession, it is
sometimes difficult to make time for ourselves, with constant demands from clients and colleagues. Taking this
time is crucial for our well-being, and our clients' successes depend on it. Whether it means a weekly happy
hour with a trusted colleague, a movie night with your
kids, or a quick run at lunchtime, make sure you don't
forget that taking the time to love yourself has far-reaching benefits in all areas of your life and work.
In this month's North County Lawyer magazine,
we are pleased to share Judge William Dato's State of the
Judiciary. For those of you in attendance at the January
Installation Dinner, Judge Dato summarized that for the
most part, things will stay the course in terms of operations in the Vista court. It is always great to be reminded
of the close relationship between the bench and bar in
North County.
In our regular #crimpro feature, Eric Ganci gives
an update on the new requirement of counsel to advise
clients on immigration consequences of proposed dispositions. In our Business in Brief section, Anna Burnett
gives an informative overview on electronic discovery,
and the duties of practitioners in terms of familiarity and
preservation of information. Audrey Powers Thornton
provides intelligent insight on whether to seek review of
a trial court order by a petition for writ of mandate, in her
Appellate Notes column. We also get a chance to know
February 2016
one of our new members, Lauren Bradach, and our 2016
NCBA Vice President, Robert Daniels.
Make sure to check out the photos from January's NCBA dinner at The Crossings, and congratulate
the award winners when you see them, especially Rafael
Acosta, Jr., who received the Outgoing President's Award,
Michael Doukas, Mark Reichenthal, and Deborah Nash,
who received outgoing Director awards, and the lovely
Laura Handler, who received the President's Award for
her dedication to working with victims of domestic violence, elder abuse, and civil harassment for the San Diego
Volunteer Lawyer Program at the Vista TRO clinic. And
if you are not in any of the photos, come join us at the
February dinner!
Caron Woodward
Do You Need
to Refer a
Client, but don’t
know who to call...
760-758-4755
Sponsored by the
North County Bar Association
www.lawreferral.org
Certification Number 0027
3
President's
Perspective
T
he new year is well underway and your NCBA
is in full stride. In January, our educational
sections hit-the-ground-running by offering a
wide assortment of programs, including those
with the hard-to-find MCLE credits. I was pleased to
attend the first meeting of the New Lawyers Task Force
headed by Will Smith, Kelly Reid, and Vik Chaudhry. I
also dropped in on our magazine editorial committee as
it brainstormed ideas for improving the North County
Lawyer in 2016.
Let me offer a personal thanks to those members
who attended the January 21 installation dinner. I was
very touched by the many of you who came up to congratulate and wish me well as our new NCBA President.
I hope that I can count your continued participation in
NCBA as the year unfolds.
A special welcome goes out to new Board members Gregory Lievers, Thomas Penfield, Melissa Bustarde, and Silvina Tondini as they begin their three years
of service. Each of them brings to the Board unique talents, perspectives, and experiences that will help our Association in the coming years. We look forward to their
contributions and trust that Board service will enhance
their professional growth.
At the dinner, Supervising Judge William Dato
provided an informative update on developments at our
North County Court and again reminded us of the importance of attorney service as temporary judges, settlement
officers, and mediators. I urge all members to contribute
their time and talents to our Court as part of the outstanding Bench/Bar partnership unique to North County. Volunteers enable the Court to perform essential functions
in the face of budgetary woes that sadly have become
the “new normal”. Volunteer service provides NCBA
members with insights into judicial operations that pay
practical dividends when representing clients before our
local Court.
4
The weekend after the dinner, your Board had its
annual retreat to get to know one another, set goals, and
plan an exciting calendar of events for 2016. We have a
dedicated yet diverse group of directors. They come from
a wide range of practice concentrations as well as bring
work perspectives from mid-sized firms and small law offices. Yet all are committed to working together in a collegial atmosphere to build a stronger, larger association of
North County legal professionals.
At the retreat, I urged our directors and now urge
you to upgrade your membership to a sustaining “gold”
level (an extra $250) or a “silver” level (an extra $100).
These upgrades allow NCBA to fund a number of special
community outreach programs. Not only will you be assisting your Association but you also will be enhancing
your stature in our legal community through the monthly
recognition given to sustaining members in our North
County Lawyer. (As a bonus for acting now, all sustaining members will be specially recognized at our March 17
dinner meeting.)
Finally, allow me to plug what should be an outstanding dinner program on Feb. 18. Our presenter, C.
Bradley Patton, is a distinguished criminal defense attorney and a long time NCBA member. As the attorney for
defendant Richard Tuite, Brad stepped into the mystery
North County Lawyer
surrounding the horrific killing of twelve year old
Stephanie Crowe late one 1998 night in her Escondido home. Tuite was acquitted in a trial that received
national attention. For background on this intriguing
unsolved crime, you may want to log onto Wikipedia’s page entitled “Murder of Stephanie Crowe”.
Joseph L. Stine
For calendar changes or
additions, please visit us at
www.northcountybar.org
Mark A. Chambers
Attorney at Law
FEDERAL CRIMINAL DEFENSE
REPRESENTATION
Mark A. Chambers
For the last 34 years
345 W. Ninth Avenue Suite 200
Escondido, California 92025
(760) 489-1808
Website: markchamberslaw.com
Email: [email protected]
February 2016
5
Director Spotlight
I
t is my pleasure and honor to return for my third
year as a member of this Association’s board of directors. This year, I will serve as a vice-president
and the treasurer. I practice both business and family law, with most
of my family law matters involving the issues surrounding
a family business. The majority of my practice is in North
County, which is where I grew up and still call home.
I live in San Elijo Hills with my wife, Lisa, and
two small children, Wyatt and Emma. As the father of a
child with special needs, I am involved with the Autism
Society of San Diego, having served on its board of directors in the past. I have also had the pleasure of serving
on a number of other boards in our region, including the
Boys & Girls Club of Greater San Diego, Rotary Club
of Escondido, and Centre City Advisory Commission in
San Diego. As an Eagle Scout, I learned the importance of
community service and continue to make that a priority in
my life today.
I’ve found San Diego a difficult place to leave. I
was born here and graduated from SDSU and USD School
of Law. My longest stint abroad was a summer clerkship
in Paris, France. The experience was rewarding but quite
challenging, given that I speak virtually no French. My
supervising attorney suggested learning the language by
total immersion and instructed all of my colleagues not to
speak to me in English.
When I’m not writing personal biographies for
the Bar Magazine, I’m likely chasing my son through
the aisles of Costco, combing South Ponto Beach for my
daughter’s flip-flop (left foot, pink, size 4T if you find it),
or trying to coax my wife out of Target. If you happen to
receive a Notice of Unavailability from me in the winter,
chances are it has to do with a ski trip. During the summer, we’re likely in Hawaii.
There’s no place I’d rather live and work than
North County. I look forward to serving another year on
the board and practicing you for many years thereafter.
Robert Daniels
Do You Need to Refer a Client,
but don’t know who to call...
760-758-4755
Sponsored by the North County Bar Association
www.lawreferral.org
6
North County Lawyer
[email protected]
(858) 759-6119
February 2016 7
State of the Judiciary – 2016
William S. Dato
Supervising Judge, North County
A
s we head into 2016, stability will be the watchword for the North County branch of the San
Diego Superior Court, both in terms of judicial
personnel and assignments. With a couple of notable exceptions, by and large you will be seeing the same
faces in the same departments.
A major change occurred in November with the
departure of Judge Margo Lewis from family law and the
return to Vista of longtime North County fixture Judge
Harry Powazek. Judge Brad Weinreb moved to Judge
Lewis’s old family law department – Department 16 –
as Judge Powazek took over for Judge Weinreb in Department 2, a criminal trial department. For the months
of December and January however, Judge Powazek has
been covering for Judge Orfield in Department 1. Judge
Weinreb’s move also necessitated reassignment of the
civil restraining order calendar to Judge Richard Whitney
in Department 21. Sometime in the first quarter of the
year we may be making a few additional changes in some
of the miscellaneous Friday calendars.
The end of the calendar year witnessed another
change with the announced resignation of Judge William
Gentry (effective February 9, 2016) and the arrival in
Vista of newly appointed Judge James Mangione. Judge
Mangione has taken over for Judge Gentry in Department
14, our busy arraignment department, and we are sure his
enthusiasm and pleasant demeanor will be a welcome addition to North County.
The relative lack of movement in judicial personnel does not mean there will be a dearth of new faces in
Vista. Hopefully indicating that we have turned the corner on our recent budgetary challenges, there were nine
new employees hired at the end of the year for clerical
support positions in various departments. Some have begun training already; others will start in the early months
of 2016.
While total court filings in North County were
down slightly this past fiscal year, the filing trends are
inconsistent at best. On the criminal side, the passage of
Proposition 47 appears to have had its predicted effect;
misdemeanors are up, felony filings are down. Some types
of civil matters – limited civil and unlawful detainer matters – are down, but other types are essentially unchanged.
At the same time, the court saw significant increases in
family and juvenile case filings.
2015 was the beginning of an important change in
the operations of the North County branch, a change that
will continue for a period of years as we transition to the
Odyssey case management system for various case types.
After a successful and well-received implementation of
the Family Law system in August 2015, the court will be
focusing efforts for ongoing improvements in automation
by bringing imaging into our family business offices and
courtrooms by the summer of 2016. We anticipate moving our Traffic cases to Odyssey in the fall, and work on
that transition has already begun. Criminal, Civil, Small
Claims, Probate and Juvenile categories will also be moving to Odyssey in the future.
2015 carried on the strong tradition of cooperation between the North County bench and bar. Judges and
members of the NCBA board of directors met for lunch on
several occasions to discuss matters of mutual interest. Judicial officers also worked with the Bar Association and its
8
North County Lawyer
various committees, participating on numerous education panels and speaking at monthly
dinner meetings. At the same time, the bar has
assisted the court by providing more than 100 attorney-volunteers who donated 750 hours serving as
mediators and temporary judges. And NCBA continues
to sponsor a variety of events including Youth-in-Court
Day in March, the Law Day training for court staff in
May, and the On-My-Honor school program throughout
the year.
I believe the close positive relationship
between the Superior Court and the North
County bar is unique in San Diego County.
The judicial officers in Vista remain committed to
that relationship, and to maintaining an atmosphere in
which the practice of law is uniquely fulfilling.
2
The number of San Diego attorneys recognized
among California’s Top 25 Plaintiffs Lawyers
Congratulations CaseyGerry partners David S. Casey, Jr.
and Robert J. Francavilla for this well deserved recognition
by the Los Angeles Daily Journal.
www.caseygerry.com
Dedicated to the Pursuit of Justice since 1947.
San Diego Office – 110 Laurel Street, San Diego, CA 92101 | 619-238-1811 | 800-292-5865
North County Office – 120 Birmingham Drive, Suite 120E, Cardiff by the Sea, CA 92007 | 760-743-8448
February 2016 9
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North County Lawyer
Meet Lauren N. Bradach
By John Given, Esq.
I
ntroducing Lauren N. Bradach, newly admitted to the California Bar, and new member of
the North County Bar Association. Lauren
was admitted to the California State Bar in December 2015, after passing the July 2015 Bar Exam.
She is also a member, in good standing, of the Virginia
Bar Association.
Lauren obtained her Juris Doctorate from The
John Marshall Law School in Chicago, Illinois. Before
completing law school, she studied abroad, completing
several courses, including Comparative Constitutional
Law, taught by Supreme Court Justice Scalia, in Rome,
through Loyola University School of Law. Outside the
classroom, Lauren spent much of her time working as
a legal assistant, teaching assistant, lifeguard and bartender.
Lauren's husband, Adam Bradach, is a Marine
and Lauren has worked as a volunteer attorney with
the Legal Assistance Office at Camp Pendleton on a
wide array of legal matters. Legal issues arise, not just
for non-attorneys, who may have family law, criminal,
and other legal issues, but also for attorneys, whose
bar membership can repeatedly be an issue when moving from state to state and while trying to maintain/
build a law practice. Lauren is a founding member
of the Military Spouse J.D. Network (MSJDN), which
advocates for licensing accommodations for military
spouses, whose legal careers sometimes seem incompatible with military life.
about employment opportunities and possible referrals in
the community.
She can be contacted at:
Lauren N. Bradach, Esq.
(708) 465-95822
[email protected]
With her newly acquired license to practice law
in California, Lauren looks forward to engaging with the
legal community to provide much needed services. Please
welcome Lauren N. Bradach to the California Bar and the
North County Bar Association. We look forward to seeing
her involved in our community.
Before law school, Lauren obtained her Bachelor of Liberal Arts and Sciences in English, with a minor in Political Science, from the University of Illinois
at Urbana-Champaign in 2008.
When she is not focused on legal matters, Lauren loves to spend time with her family; she is married
with two kids. She enjoys running, going to the gym,
baking sweets, and San Diego's beautiful beaches.
Lauren has experience in several areas of law,
including Estate Planning, Family Law, Criminal Law,
Mortgage Foreclosures, Medical Malpractice, and Personal Injury. Lauren is interested in being contacted
February 2016 11
#crimpro
By Eric P. Ganci, Esq.
Prosecution And Defense Counsel Now Required To
Advise And Consider Immigration Consequences of
a Proposed Disposition
AB 1343 adds Penal Code 1016.2 and 1016.3.
Penal Code 1016.2 is the legislative findings for Penal
Code 1016.3.
Paragraph (a) of Penal Code 1016.3 requires
Defense Counsel to “. . . provide accurate and affirmative advice about the immigration consequences of a
proposed disposition, and when consistent with the goals
of and with the informed consent of the defendant, and
with professional standards, defend against those consequences.”
Paragraph (b) of Penal Code 1016.3 provides
“The prosecution, in the interests of justice, to consider
the avoidance of adverse immigration consequences in
the plea negotiation process as one factor in an effort to
reach a just resolution.”
Paragraph (c) provides “This code section shall
not be interpreted to change the requirements of Section 1016.5, including the requirement that no defendant
shall be required to disclose his or her immigration status
to the court.”
AB 1343 was approved by the Governor on October 9,
2015 and takes effect January 1, 2016.
Are Opening A Storm Door And Then Seconds Later
Jiggling A Window Two Acts Of Burglary?
Defendant opened a storm door on a residence
and then seconds later jiggled a window of the same
residence. The People charged Defendant with separate
counts of burglary for the door and attempted burglary
for the window, and Jurors convicted on both. “The trial
court sentenced defendant to 16 months in prison for
the burglary at the front door and to a consecutive eight
months for the attempted burglary at the window, finding
that defendant had ‘[t]wo separate intents to enter and
burgle [the victim's] home.’ ” The Defendant contended
12
on appeal the evidence showed only a single, indivisible
intent to commit a theft. The Court of Appeals agreed with
the Defendant. (People v. Goode (2015 WL 9582740).)
The People argue within those few seconds, Defendant could have seen the light and turned away from his
criminal behavior, and they were separate divisible acts.
The Appellate Court disagreed, saying under Penal Code
654 both actions were in the course of conduct “incident
to one objective.” “Here, the People do not point to any
evidence suggesting that defendant's attempt to open a
window a few seconds after he tried to open the front door
created a new risk of a dangerous confrontation between
him and the occupants of the house.”
Can A Court Dismiss Parts Of The Complaint
Or Is the Court Limited to Dismissing Only The Entire
Complaint?
Penal Code 991 permits an in-custody defendant
to require the arraigning magistrate to determine if there is
probable cause to believe Defendant committed a public
offense when the Defendant is in custody at arraignment.
If the magistrate finds no probable cause, the defendant is
entitled to dismissal of the complaint under Penal Code
§991(d).
In People v. McGowan (2015) 242 Cal.App.4th
377, Defendant McGowan was charged with camping in a
prohibited place (Santa Monica Pier), possession of a milk
Continued on page 24
North County Lawyer
STREET MEDIATION
•
41 years civil litigation experience
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21+ years of arbitration and
mediation experience
in all areas of civil litigation
• Judge pro tem, Special
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San Diego Superior Court
• Follow up conferences are part
of the job description
James W. Street
(760) 634-8231
[email protected]
www.streetmediation.com
February 2016
13
NCBA Installation Dinner
A special thanks to Supervising Judge William Dato for giving the State of the Judiciary.
Also a special thanks to Justice Gilbert Nares for performing the swearing-in ceremony of
Joseph L. Stine as president, and Board of Directors: Melissa Bustarde, Gregory Lievers,
Thomas Penfield, and Silvina Tondini, and to all in attendance!
Justice Gilbert Nares & Joseph L. Stine
Supervising Judge William Dato, The Honorable
Jim Manjione, and James Crosby
The Honorable Brad Weinreb and Justice
Gilbert Nares
Gregory Lievers, Silvina Tondini, Melissa Bustarde, and
Thomas Penfield, and Justice Gilbert Nares
Russell Gold, John Gomez, and Victoria Lazar
Ed Burns, Debra Leffler Streeter, and David Moore
14
North County Lawyer
Cheryl Weeks-Frey, Renie Leakakos, Larry Campitiello, and
Madeline Cahill
Rafael Acosta, Jr. presented the
Outgoing Director Award to Michael Doukas
Ron Ball, The Honorable David Moon, Ret., Richard Muir,
Janet Lacy, and The Honorable Harry Powazek
Rafael Acosta, Jr. presented the President's Award
to Laura Handler
Commissioners, Kelly Dowlan, and William Wood
Debra Lewis, Tanya and Herb Weston
February 2016 President Joseph L. Stine presented the Outgoing
President's Award to Rafael Acosta, Jr.
15
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(760) 941-2260
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CRIMINAL DEFENSE SPECIALIST
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16
North County Lawyer
APPELLATE NOTES
By Audrey Powers Thornton, Esq.
In the last installment of Appellate Notes I discussed preparation of the Record on Appeal.
Here I will discuss whether to file A Civil Writ
Whether To Seek Review Of A Trial Court Order By A
Petition For Writ Of Mandate
A frequently asked question by trial lawyers is
whether and when to seek review of a trial court order
by way of a petition for writ of mandate or prohibition (a
“writ”) instead of a direct appeal following entry of judgment.
Can I write a winning writ, you ask? Isn't that an
oxymoron? The statistics expose the truth: For civil writs,
approximately 90 percent of writs are denied. In 2013, for
original proceedings, such as writs, filed in the California
Court of Appeal, 8,591 trial court orders were affirmed,
954 were reversed and 295 were dismissed. (See California Court Statistics for 2013 by the Judicial Council). One
of the reasons for the scarcity of winning writs is due to
the "extraordinary" nature of writ relief. Unlike appeals,
which are heard as a matter of right, relief through writ
review is deemed extraordinary, equitable and completely
discretionary. Thus, even if a trial court ruling is incorrect, the appellate court is not required to grant immediate
writ review. The appellate court can choose instead to let
the aggrieved party wait for an appeal from the final judgment to review the issue.
A Writ is an "Original Proceeding". An original proceeding is an action that may be filed and heard
for the first time in an appellate court. This action is not
an appeal; rather, it is ordinarily a petition for a writ. The
major civil common law writs are: a writ of mandamus,
which instructs a lower court to perform mandatory duties correctly; a writ of prohibition (or an order that forbids certain actions); and a writ of certiorari (or writ of
review). The major criminal law writ is a writ of habeas
corpus.
Statutory Writs. The California Legislature has
authorized review of particular rulings by writ. These are
commonly called statutory writs, which sometimes are the
only way of securing appellate review of certain rulings.
You should review the statute permitting writ review of
such orders subject to statutory writ review, because there
February 2016 are often statutory deadlines and unique procedures governing some of these writ proceedings.
When the statute makes a writ petition the exclusive
method of obtaining appellate review from the particular ruling, the failure to file a timely statutory writ petition waives
the right to a subsequent common law writ, and the right to
review of the ruling on a subsequent appeal after the judgment. The following trial court orders may only be reviewed
by way of a statutory writ:
• Orders denying motions to quash service of process
for lack of personal jurisdiction. (Fink v. Shemtov
(2010) 180 Cal.App.4th 1160, 1173);
• Orders on motions to disqualify judges. (Code Civ.
Proc., § 170.3; People v. Freeman (2010) 47 Cal.4th
993, 1000);
• Orders granting or denying motions to expunge a lis
pendens. (Code Civ. Proc., §405.39; Park 100 Inv.
Group II v. Ryan (2009) 180 Cal.App.4th 795, 809);
• Orders compelling or refusing disclosure of public documents under the Public Records Act (Gov.C.
§6259(c); MinCal Consumer Law Group v. Carlsbad
Police Department (2013) 214 Cal.App.4th 259, 263);
• A superior court order upon review of an administrative decision revoking, suspending or restricting
a physician's license. (Bus. & Prof.C. § 2337; Leone
Continued to page 20
17
Business In Brief
By Anna L. Burnett, Esq.
Electronic Discovery and the Business Client
W
hat do you do if you’re in-house counsel
or a litigator and you are served with discovery requests, including a request for
production seeking "any and All DOCUMENTS and/or COMMUNICATIONS between Plaintiff and Defendant.” That sounds easy enough, right?
And it may be…but more often than not, every set of
discovery requests includes a request for the production
of electronically stored information (ESI, for short).
Electronic discovery, or eDiscovery, is the process of
discovering all that ESI.
As we all know, discovery is the pre-trial process where each party in a lawsuit can obtain information/evidence from the other party or parties. Information sought during discovery can include documents,
testimony, and other information as requested. Business
and personal files of documents in paper form have
been, and continue to be, routinely produced for inspection and copying. Today however, most information is
in digital rather than paper form, located in numerous
types of electronic devices, and stored in all sorts of media.
eDiscovery is an extension of the discovery
process to the electronic content that an organization
or business might possess, including email messages,
instant messages, word processing files, spreadsheets,
presentations, purchase orders, contracts, wiki and blog
postings, files stored in collaboration systems, cloud
servers, and all other electronic content to which an organization might have access. Further, eDiscovery extends to all of the places where this data might be stored,
including desktops, laptops, external hard drives, flash
memory sticks, smartphones, servers of all types, and
even employees' home computers.
eDiscovery is governed by the California “Electronic Discovery Act,” which was enacted in 2009, and
modeled in part on federal rules governing eDiscovery.
The California legislature passed the Electronic Discovery Act to address specific issues that frequently arise
in eDiscovery. The Electronic Discovery Act imposes
a couple of duties on the parties and the attorneys involved in litigation.
It used to be that when one party served a request
for production of documents, including a request similar
to the one mentioned above, the other would respond by
delivering or making available for inspection the documents in paper format or other information in its original
form. But as most ESI is never printed, determining what
information is responsive to a discovery request and who
has access to the information is not such a simple task.
Attorneys need to know where to look for the responsive
ESI, who the custodian of the information is, how to preserve ESI, and how to produce ESI.
Organizations have a duty to preserve (aka the
duty not to destroy evidence) all relevant electronic data
that might reasonably be considered relevant for eDiscovery using management systems that can preserve this
data and its metadata. Metadata is the structured, encoded
data that describes characteristics of information-bearing
entities, or data about the data. It is usually not visible
to the user. Systems and applications automatically generate most metadata. Metadata can describe how, when,
and by whom ESI was created, accessed, and modified.
Some metadata, such as file dates and sizes, can easily
be seen by users. Other metadata is hidden or embedded
and generally unavailable to computer users. Metadata is
important for a variety of purposes, primarily in order to
prove that the ESI produced during discovery is genuine. 18
Continued on page 22
North County Lawyer
February 2016 19
APPELLATE NOTES
Continued from page 17
v. Medical Board of Calif. (2000) 22 Cal.4th 660,
663-664); and
• An order granting a State Bar application for the
court to assume jurisdiction over the law practice
of an attorney who has died, resigned or become inactive, or is disbarred or suspended. (Bus. & Prof.C.
§ 6180.13; Benninghoff v. Super.Ct. (State Bar of Ca
lif.) (2006) 136 Cal.App.4th 61, 66).
For other statutory writs, if the Legislature has
not required a writ petition as a prerequisite to appellate
review, review of the ruling may occur on a subsequent
appeal even absent a writ petition. (In re Joann E. (2002)
104 Cal.App.4th 347, 353). For example, an order granting
or denying a motion for change of venue is reviewable by
petition for writ of mandate pursuant to Code Civ. Proc.,
§ 400, which sets a filing deadline for the writ petition
of 20 days after service of the written notice of the order.
Here, the statute does not make a writ petition the exclusive
method of appellate review of a venue order. Although a
venue ruling is not directly appealable, the order is reviewable on appeal from the final judgment in the main action.
However, when deciding to whether to file a nonexclusive statutory writ, you should consider the impact of
the harmless error rule. Even in situations where review
by statutory writ petition is not the exclusive method of
obtaining appellate review, as a practical matter the impact
of the harmless error rule on appeal may make review after
final judgment essentially meaningless.
Common Law Writs. When deciding whether to
file a common law writ of an interlocutory superior court
order, counsel should consider whether the issue satisfies
any of these general criteria for determining the propriety
of an extraordinary writ: (1) the issue tendered in the writ
petition is of widespread interest, or presents a significant
and novel constitutional issue; (2) the trial court's order deprived petitioner of an opportunity to present a substantial
portion of his cause of action; (3) conflicting trial court interpretations of the law require a resolution of the conflict;
(4) the trial court's order is both clearly erroneous as a matter of law and substantially prejudices petitioner's case; (5)
the party seeking the writ lacks an adequate means, such as
a direct appeal, by which to attain relief; and (6) the peti-
tioner will suffer harm or prejudice in a manner that cannot
be corrected on appeal. (Omaha Indem. Co. v. Super.Ct.
(Greinke) (1989) 209 Cal.App.3d 1266, 1273-1274.)
The extent to which these criteria apply may depend on the facts and circumstances of the case, however,
the following are mandatory criteria which must be met:
1. Your client, (the petitioner), has no other “adequate
remedy in the ordinary course of law.” If the challenged order is immediately appealable, writ review
will not lie, unless special circumstances render review by the lengthy process of an appeal inadequate
(the issues presented are of great public importance
and merit prompt resolution). If not immediately appealable, timely appellate intervention by extraordinary writ is necessary because review by appeal
may be “inadequate” in light of facts such as prejudice from delay and the expense of trial or the certainty of reversal and need for retrial.
2. Your client will suffer irreparable injury if the writ is
not granted (i.e., harm or prejudice that cannot be
corrected on appeal).
3. Your client must also have a “beneficial interest” in
the lawsuit, (Code Civ. Proc., §§ 1069, 1086, 1103),
which means that petitioner must be directly and
prejudicially affected by the particular order or judment, over and above the interest held in common
with the public at large. This is a required showing
because your client does not have to be a party to the
action (as an appellant must be) to file a writ petition.
As you can see, there are a multitude of details
to consider when deciding to file a writ petition, and that
is only the first step. In the next installment of Appellate
Notes I will discuss some of the mechanics of writing and
filing a writ petition.
Audrey Powers Thornton can be reached at:
Telephone 760.688.0600
[email protected]
www.ThorntonKoller.com
20
North County Lawyer
February 2016 21
Business In Brief
Continued on page 18
Preservation of ESI begins with identification. What are
the issues in the case? What documents may be relevant to
the matter? Are there emails stored on computers, smartphones, in the cloud? Who maintains information in the
organization? Answers to questions like these will help attorneys identify the responsive electronic content.
As you can imagine, businesses receive, generate,
and store large amounts of information. And because this
information is easily stored in a variety of media, in-house
counsel have less control over information and where it is
kept. Searching for responsive ESI can be a time-consuming and expensive process. Thus, implementing an appropriate eDiscovery plan is critical to the long-term viability
of any organization, particularly larger ones that face a
greater chance of being involved in civil litigation. eDiscovery best practices include several key elements, starting with management recognition for the need to be ready
for eDiscovery to developing a set of corporate policies
to implementing the right technologies that will manage
corporate data properly.
Here are some tips for any attorney who represents
any organization, whether public, private, non-profit, etc.
This list is a starting point for developing your own set of
eDiscovery best practices.
• Understand the duties imposed by federal, state, and
local rules with regard to ESI
• Determine if there are any industry-specific obligations and/or best practices for the retention and
disposition of certain types of records
• Consider all the places where ESI may be stored
• Understand where data resides in the organization
and who the custodians of the data are
• Develop a retention policy and schedule for document destruction
• Work with your client’s IT department/personnel to
ensure retention policies are being followed
• Have a plan in place before litigation – this will save
your client time and money
• If you anticipate litigation, notify your client of its
duty to preserve potential evidence
• Technology changes – make sure you update your
knowledge to meet your duty of competence to your
clients
• And of course, when in doubt, confer with experts
In order to satisfy discovery obligations, attorneys and organizations should be fully aware of their current and reasonably anticipated retention obligations and
become more proactive about how they manage and retain data. Attorneys who work closely with organizations,
whether in-house or not, should advise their clients to develop a sound retention policy and implement appropriate
technology that can archive data and allow legal holds to
be implemented easily. A sound retention policy outlines
where documents will be stored (cloud storage, company
server, paper form on-site, paper form off-site, etc.), the
custodian of the document, the length of time to keep a
document, and how documents will be destroyed.
The large amount of ESI generated today requires
attorneys representing organizations to be familiar with
eDiscovery rules and to be familiar with the ever-changing technology. An attorney may be competent when it
comes to litigation, but lack the knowledge and/or the
skills to competently assess and conduct eDiscovery. The
California State Bar Ethics Committee encourages all attorneys to assess his or her eDiscovery skills at the outset
of every matter.
Anna L. Burnett can be reached at (760) 722-6852 or at
[email protected].
Why belong to Listserv discussion group?
Discussion lists are ideal for exchanging expertise,
obtaining feedback and fostering collaboration among
group members.
Copy the link below to join a Listserv discussion
group:
NCBA Family Law Listserv:
http://mailman.listserve.
com/listmanager/listinfo/ncba-family
NCBA Civil Litigation Listserv:
http://mailman.listserve.com/listmanager/
listinfo/ncba-civil
NCBA Estates Law Listserv:
http://mailman.listserve.com/listmanager/listinfo/
ncba-estates
22
North County Lawyer
2016
TRUSTS & ESTATES SYMPOSIUM
PRESENTED BY
GEIGER LAW
OFFICE P.C.
Wednesday, June 1, 2016 8:30 AM to 4:30 PM
5 hours of MCLE credit and a special discount for advance registration
June 1, 2016 Museum of Making Music
5790 Armada Drive, Carlsbad, CA 92008
8:30 – 9:30am, networking and coffee-breakfast snacks
Session One: 9:30 – 10:45am
Peter Heydenrych, Corporate Finance
Associates
To reserve your place, please sign this form and fax to
FAX 1-760-477-6091
Special Bar Association discount fee and CLE credit if
Registration received by April 1: $85
Registration after April 1: $125
(Late registration after May 15: $150)
“Optimizing the Sale of a Family Business”
Name: _______________________________________________
10:45 – 11:00am Networking Break
Company Name: _______________________________________
Session Two: 11:00 – 12:15pm
Address: _____________________________________________
Phil Kavesh, J.D.
_____________________________________________________
“The Ins and Outs of Retirement Plan Trusts
for IRA and other Qualified Retirement Plans”
Phone Number: ________________________________________
12:15 – 1:15pm Lunch and Presentation by
Dunham Trust Company
Session Three: 1:15 – 3:00pm
David M. Frees, III, J.D., Unruh, Turner,
Burke & Frees
“The 5 Most Powerful Secrets to Building a
More Profitable and Less Stressful Professional
Practice” and bonus session on “The New
Age of Trust Protectors & Alternative Dispute
Clauses In Estate Planning — Preventing and
Minimizing Challenges and Family Disputes”
Type of Card: Mastercard ____ Visa ____
American Express ____
Discover ____
Card Number: _________________________________________
Expiration Date:________________________________________
Card Billing Address ____________________________________
_____________________________________________________
_____________________________________________________
3:00 – 3:15pm Networking Break
Exact Name on Card:
Session Four: 3:15 – 4:30pm
_____________________________________________________
Ann Rosevear, J.D., President of Dunham
Trust Company
“The Freeze, Squeeze and Burn Trifecta: Note
Sales to Intentionally Defective Grantor Trusts”
About Your Host: Geiger Law Office, P.C.
1917 Palomar Oaks Way Suite 160, Carlsbad, CA 92008
(760) 448-2220 office – www.GeigerLawOffice.com
3 or 4 Digit Card Code __________________________________
Signature: ____________________________________________
Date: _______________________________________________
Brenda Geiger is the managing attorney of Geiger Law Office, P.C. in
Carlsbad, California. She graduated from the USD School of Law where
she served as an Editor for the San Diego International Law
Journal and published a law review article there. She is also
the author of 7 books on various estate and business planning
topics, in addition to her role as Estate, Asset Protection,
Elder Law and Business Planning Attorney. As a firm, Geiger
Law’s mission is to provide elegant legal solutions for estate
Brenda Geiger, J.D.,
and business planning clients and to offer continuing legal
Managing Attorney
education to firm clients, friends, and affiliated professionals.
Geiger Law Office
February 2016 23
#crimpro
Continued from page 12
crate and loitering. Defendant moved to dismiss all three
charges. The magistrate ultimately dismissed the camping and loitering charges finding no probable cause. The
magistrate found probable cause to exist solely on the possession of a milk crate charge. On appeal, the People argue
Penal Code 991 uses the word “complaint” in its singular
form, so it must mean it is only singular in interpretation
and the magistrate is only permitted to dismiss the entire
complaint, not individual charges.
The Appellate Court disagreed in upholding the
magistrate’s decision. The Appellate court noted: “. . .
throughout the Penal Code, ‘the singular number includes
the plural, and the plural the singular.’ (§7.) The Supreme
Court's interpretation of other singular terms — such as
‘an action’ or ‘the indictment or information’ — to permit
dismissal of individual counts in related Penal Code provisions is further evidence that section 991's use of the singular term ‘the complaint’ is not unambiguously dispositive.”
The Appellate Court discussed Penal Code 1385, which allows a Court to dismiss “an action” in the furtherance of
justice. The Appellate Court noted the Supreme Court’s
comment that “. . . [t]he authority to dismiss the whole
includes, of course, the power to dismiss or `strike out' a
part.”
The Appellate Court also discussed prosecutorial
discretion when charging misdemeanor defendants: “However, for reasons of fundamental fairness, we interpret
rules so as to discourage, rather than encourage, abuses of
prosecutorial discretion. (Citation Omitted.) Permitting the
trial court to ‘weed out’ unfounded misdemeanor charges
in response to a section 991 motion helps preserve fairness
in the plea bargaining process, by ensuring that custodial,
misdemeanor defendants do not bargain under a cloud of
unfounded charges. (Citation Omitted.) Undoubtedly, fairness in plea bargaining is equally important in cases involving custodial and non-custodial defendants. However,
custodial defendants are especially vulnerable in the plea
bargaining process, as they are more likely to seek and accept a plea bargain as a means of escaping confinement.”
(McGowan, supra, 242 Cal.App.4th 377 at p. 389.)
The final disposition of the milk crate is not known.
“Dangerous Drugs” and “Alcohol As The Chief Item
For Sale” Are Ambiguous Probation Terms:
A jury found Defendant Gaines guilty of vehicle
burglary and felony theft, and the trial court found the prior conviction allegations to be true. The court sentenced
defendant to a split sentence of four years in county jail
and two years on mandatory supervision. The trial Court
imposed the following probation term “(1) ‘You shall not
use, possess or have under your custody or control any
narcotics, dangerous drugs or narcotic paraphernalia’; (2)
‘You must abstain from the use of alcoholic beverages and
marijuana, and you may not go to any establishment where
alcohol is the chief item of sale’; and (3) ‘You are not to
own, have in your possession, custody or control, any
handgun, rifle, shotgun or any other firearm whatsoever,
or any weapon that can be concealed upon your person.’ ”
(People v. Gaines (242 Cal.App.4th 1035, 1038.)
On appeal, Defendant contends the probation conditions are unconstitutionally vague. The Appellate Court
agreed with Defendant on condition (1) and (2) and found
condition (3) constitutional.
The Appellate Court agreed that the phrase “dangerous drugs” is open to interpretation such that over-thecounter drugs could be “dangerous” in certain circumstances. (Gaines, supra, 242 Cal.App.4th 1035 at 1041.)
The Appellate Court found condition (2) so ambiguous
that Defendant Gaines could unknowingly violate the condition. “An area where alcohol is the chief item of sale
might be, in some instances, a bowling alley, pool hall,
or football stadium, even though the primary service being offered is recreational. Likewise, it may not be readily apparent whether alcohol is the chief item of sale at
establishments such as convenience stores and bar-andrestaurant facilities.” And “the condition is so ambiguous
that defendant could unknowingly violate it.” (Gaines, supra, 242 Cal.App.4th 1035 at 1040.) The Appellate Court
found condition (3) regarding weapons constitutional and
substantially similar to a probation condition accepted in
People v. Moore (2012) 211 Cal.App.4th 1179, 1183, 1186.
Eric P. Ganci, DUI Trial Lawyer
Cell: 760-216-4941, Fax: 888-241-5887
Email: [email protected]
24
North County Lawyer
POST-CONVICTION legal matters
Diane T. Letarte, MBA, LLM
M.S. Forensic Psychology
• Lifer Parole Suitability Hearings (Youth & Elder, ISL)
• Direct and Collateral (Habeas Corpus) Appeals
• 3-Strikes & Re-sentencing Petition
• SB260/261 Youth Offender Parole Hearings (DSL/ISL)
Former President of NC Chapter of Lawyers Club
Judge Pro Tem S.D. Superior Court
2016 SUSTAINING MEMBERS
To be a "Gold" or "Silver" Sustaining Member, a member
pays the regular dues for the appropriate category, plus
an additional $250 or $100 per year. These members
are recognized with a certificate, and a list of Sustaining
Members is published each month in the North County Lawyer
Newsletter and on the bar's web page.
Gold
Anthony Abbott
Wentzelee Botha
William Brown
James Dicks
Russell Gold
Karen Heffron
Michael Klein
Kevin Kravets
Richard Layon
Chrisine Mueller
Thomas Penfield
Joseph Stine
Debra Leffler
Streeter
Michael Whitton
William Wolfe
Silver
Bradley Bartlett
Marian Birge
Richard Boyer
Paul Campo
Mark Chambers
John Crawford
Michael
Friedrichs
Andrea Gherini
Russell Kohn
Catharine
Kroger-Diamond
Constance Larsen
Richard Layon
Gregory Lievers
Debra Morse
Kathleen Norris
Garth O. Reid
Kelly Reid
Daniel Rose
D. Elisabeth
Silva
Wayne Templin
Silvina Tondini
Kurt Weiser
Deborah Zoller
619-233-3688 * Toll Free 888-200-8385
[email protected] * www.renegade-attorney.com
1080 Park Blvd., Ste 1008
San Diego, CA 92101
Affiliations: California Association of Parole Defense
Attorneys (CAPDA), National Association of Criminal
Defense Lawyers, Local: Lawyers Club, San Diego Bar,
North County Bar.
WWW.ADRSERVICES.ORG
North County
Lawyer Magazine
North County Lawyer Magazine is your magazine. It is your
opportunity to let your colleagues know about new law,
practice tips or other suggestions to help make the practice
of law in North County even better.
North County Lawyer Magazine is available to help you
help other North County practitioners.
If you think the article is helpful, so will other
attorneys, please send your articles in Word to
Mary Silva at the North County Bar for review.
email: ([email protected])
Bar office Phone: 760-758-5833
February 2016 25
Classifieds
LEGAL MALPRACTICE-Richard
Leuthold (SB #52980) is certified as a legal specialist in Legal Malpractice Law by
the California Board of Legal SpecializaMEDICAL MALPRACTICE - referrals
tion of the State Bar of California and repand co-counsel. Joel Selik 760-479-1515.
resents clients in professional malpractice
matters.
VISTA ACROSS FROM COURTHOUSE
(858) 792-7070 or [email protected].
– Full-service law office for rent. $700/
mo includes utils., receptionist, conf. rms.,
30+ years in Pl's & Def P. I. litigation.
Westlaw access, kitchen, copier, utilities,
Relocating to North S.D. County.
janitorial, parking included. Call Lea­
Have my own fully vested health & den(760) 941-2260 or [email protected].
tal insurance. Would like to associate with
Pl's or Def. P. I. firm (888) 485-2826 (toll
LEGAL MALPRACTICE - Referrals and
free); e-mail [email protected]
consultation. Joel Selik 760-479-1515.
Calif. Bar# 48798.
EMPLOYMENT - 30+ years in Pl's &
Def P. I. litigation. Relocating to North S.D. JUDGEMENT COLLECTION County. Have fully vested health & dental California & Nevada, Joel Selik
insurance. Would like to associate with Pl's 760-479-1515.
or Def. P. I. firm (888) 485-2826 (toll free);
LAW OFFICE FOR LEASE e-mail [email protected]. Calif. Bar# 48798.
CARMEL VALLEY - one office (with secCONSTITUTIONAL OR APPEALS - retarial space) available in two-office suite
referrals, co-counsel, or contract work for on High Bluff Drive. First class building,
all constitutional matters (trial or appeal) easy freeway access; includes janitorial and
and all appeals (civil or criminal). Ben Ru- free parking. Available January 1, 2016.
$950/mo., plus one-half utilities.
din. [email protected]
(858) 792-1300.
or (858) 761-6417
Calendar of Events
Dinners are held at
The Crossings in Carlsbad
Bar Dinner
Thursday, February 18, 2016
Topic
The People v. Richard Tuite
Distinguished North County criminal defense
attorney C. Bradley Patton will reflect on his
experiences in representing the man acquitted on retrial in the horrific killing of 12 year
old Escondido girl Stephanie Crowe
Thursday, March 17, 2016
Topic
Exxon Valdez Oil Spill In Alaska
Judge Parker will share some of her experiences working on the Exxon Valdez oil spill
litigation and the Marianas Islands sweatshop litigation, and relate how those cases
challenged her profoundly, on both a professional and personal level.
26
RODEN PROFESSIONAL BUILDING
– ESCONDIDO- ONLY 1 OFFICE LEFT
available for immediate occupancy close
to downtown restaurants, banks, shopping, library and more. Our offices are approximately 12’x16’ with a separate 9’x9’
secretarial space both with windows. Rent
includes, conference room, receptionist,
monitored security, 24 hour access, voice
mail, notary services, gas, electric, water,
trash, janitorial twice weekly and off street
parking. Amenities include upgraded
lighting, coffee, tea, microwave, toaster
oven, refrigerator w/ice maker. Optional
copy/scanner, postage and fax machines
available. Please contact Debbie or Frank
at 760-745-1484 or by e-mail at [email protected] . When using e-mail
please put Office Space Available in the
subject line. We look forward to meeting
you soon.
OFFICE - Suites available for lease in
beautiful building. Spacious reception
area. Lots of storage, forced air heat and
AC. Parking lot in front and back of office.
Owner prefers long-term lease. Please call
(760) 690-3999.
* Located across the street from
Courthouse in Vista.
* Next to shopping strip.
* Upgraded reception area.
* Large private window lined offices.
* Hwy 78 visibility.
LAW OFFICE FOR RENT
Beautiful upscale office available in active litigation practice. Private entrance.
Furniture available if needed. Month to
Month or Lease. Carlsbad near the airport.
$700.00. Call 760-431-7771.
OFFICE FOR RENT in upscale setting
with other legal professionals. Great for
collaboration, cross marketing & more. Includes utilities, kitchen & parking. Close
to freeway & access to all North County.
Contact 760-931-9923
WELL ESTABLISHED ESTATE
PLANNING FIRM - with a very large clientele for sale in Oceanside on El Camino
Real near 78. Turn Key Business (ready
to go) practice includes doing all kinds of
Trusts including revocable and irrevocable
and Ancillary Documents, Trust Administration and Medi-Cal Planning and handle
family meetings to avoid litigation. Will
train. Call (760) 419-7869 for information.
North County Lawyer
Education Calendar
TRUSTS & ESTATES
NO FEBRUARY MEETING
CIVIL LITIGATION
DATE/TIME: Thursday 2/11 12:00 noon
PLACE: NCBA office (249 S. Indiana Ave; Vista, CA)
TOPIC: Nuts and Bolts of Defending EmploymentRelated Litigation
SPEAKER: Jeremy Dwork, Esq.
INFO: Susan Curran - (760) 634-1229 or
T. Steven Burke, Jr.(760) 435-3977
MCLE CREDIT HOURS: 1.0 General
ADR
DATE/TIME: Wednesday 2/17 12:00p.m -1:00 p.m.
PLACE: NCBA (249 S. Indiana Avenue; Vista, CA)
TOPIC: ADR: Year In Review
SPEAKER: Carl Ingwalson
INFO: Bill Kamenjarin (760) 729-0107
MCLE CREDIT HOURS: 1.0 General
NORTH COUNTY CERTIFIED
FAMILY LAW SPECIALISTS
DATE/TIME: Thursday 2/18 12:00 p.m. -1:00 p.m.
PLACE: Vista Superior Court Dept. 19
TOPIC: Protocols in His Courtroom
SPEAKER: Hon. Brad Weinreb
INFO: Carrie Nolan [email protected]
MCLE CREDIT HOURS: 1.0 General
WORKERS COMP
DATE/TIME: Friday 2/19 12:00 p.m.
PLACE: Vista Village Pub (224 Main St. in Vista)
TOPIC: Addressing Apportionment
SPEAKER: Dr. Beth Bathgate
INFO: Michelle Bettis (760) 476-9990 or
Manuel Rodriquez (760) 433-9009
MCLE CREDIT HOURS: 1.0 General
FAMILY LAW SECTION
DATE/TIME: Monday 02/22 12:00 p.m.
PLACE: NCBA (249 S. Indiana Avenue; Vista, CA)
TOPIC: The Difficult, the Non-Responsive and the
Non-Paying Clients
SPEAKERS: Bill Fuhrman, Esq., and
Pierre Domercq, Esq.
INFO: Pierre Domercq (760) 434-3330
Bill Fuhrman (760) 479-2525 or
MCLE CREDIT HOURS: 1.0 General
February 2016
NEW LAWYERS SECTION
DATE/TIME: Wednesday 02/24 12:00p.m -1:00 p.m.
PLACE: NCBA (249 S. Indiana Avenue; Vista, CA)
TOPIC: Tips For Screening Clients And Handling
The Client Interview
SPEAKER: Larry Haines, Esq.
INFO: Kelly Reid (760) 746-6420
Will Smith (760) 520-1916
MCLE CREDIT HOURS: 1.0 General
IMMIGRATION LAW/BUSINESS LAW
JOINT MEETING
New Date
DATE/TIME: Monday 2/29 12:00 p.m. -1:30 p.m.
PLACE: Tondini Law Group
(2173 Salk Ave., Suite 250, Carlsbad, CA)
TOPIC: Part II: Preventing and Defending Against
Malpractice By The Small Firm Attorney
SPEAKER: Howard Franco, Esq.
INFO: Silvina Tondini (760) 579-7389 or
[email protected] or
Melissa L. Bustarde (858) 793-8090
Kelly Reid (760) 746-6420
MCLE CREDIT HOURS: 1.5 Ethics
______________________________________________
TRUSTS & ESTATES
DATE/TIME: Wednesday 3/9 12:00 p.m.
PLACE: The Broken Yolk Café;
(101 Las Posas Road; San Marcos)
TOPIC: Annual Case Law And Legislation Update
SPEAKER: Susan Stricklin Wilson, Esq.
INFO: Patricia Andel (760) 631-6360 and
Christine Mohar (760) 630-0200
MCLE CREDIT HOURS: 1.0 General
For calendar changes or
additions, please visit us at
www.northcountybar.org
The BANSDC (dba North County Bar Assosiation) certifies that the above
activities conform to the standards set forth in Section 7.1 for approved
education activities prescribed by the Rules and Regulations of the State
Bar of California governing MCLE and are approved for MCLE credit
by the State Bar of California. Provider #1064
27
North County
Bar Association
Post Office Box 2381
Vista, CA 92085
PRSRT STD
U.S. POSTAGE
P A I D
Vista, CA 92085
Permit No. 43
Change Service Requested
The North County Bar Association
The North County Bar Association
cordially invites you to attend its
cordially invites you to attend its
February Dinner Meeting
March Dinner Meeting
Thursday, February 18, 2016
Thursday, March 17, 2016
5800 The Crossings Drive, Carlsbad
5800 The Crossings Drive, Carlsbad
Featuring
Featuring
5:30 p.m. to 8:30 p.m. at
The Crossings in Carlsbad
5:30 p.m. to 8:30 p.m. at
The Crossings in Carlsbad
The People v. Richard Tuite
Exxon Valdez Oil Spill In Alaska
C. Bradley Patton
The Honorable Pamela Parker
Distinguished North County criminal defense
attorney C. Bradley Patton will reflect on his
experiences in representing the man acquitted
on retrial in the horrific killing of 12 year old
Escondido girl Stephanie Crowe.
Judge Parker will share some of her experiences
working on the Exxon Valdez oil spill litigation and
the Marianas Islands sweatshop litigation, and relate how those cases challenged her profoundly, on
both a professional and personal level.
by
Please join us and bring a friend!
1.0 hour of MCLE Credit-pending
Cost is $30.00: Meal choices:
Chicken, Beef or Pasta.
Please forward your reservations to:
NCBA, P.O. Box 2381, Vista, CA 92085
To pay by Credit Card, please call the bar
office at 760.758.5833
by
Please join us and bring a friend!
1.0 hour of MCLE Credit-pending
Cost is $30.00: Meal choices:
Chicken, Beef or Pasta.
Please forward your reservations to:
NCBA, P.O. Box 2381, Vista, CA 92085
To pay by Credit Card, please call the bar
office at 760.758.5833 or visit
[email protected]