Santa Barbara Lawyer - Santa Barbara County Bar Association

Transcription

Santa Barbara
Official Publication of the Santa Barbara County Bar Association
December 2009 • Issue 447
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McIvers & Slater
Mediation and Arbitration
Kevin Thomas McIvers
[email protected]
Hon. James M. Slater
Judge of the Superior Court, Ret.
[email protected]
Excellence in Dispute Resolution
Business Disputes
Real Estate
Elder Abuse
Professional Liability
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Insurance & Bad Faith
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www.McIversandSlater.com
211 East Anapamu Street • Santa Barbara, CA 93101
December 2009
3
Santa Barbara County Bar Association
www.sblaw.org
A Publication of the Santa Barbara
County Bar Association
2009 Officers and Directors
Melissa Fassett
President
Price, Postel & Parma LLP
200 E. Carrillo Street, Suite 400
Santa Barbara, CA 93101
T: 962-0011 F: 965-3978
Lynn E. Goebel
President-elect; Events Committee
Ehlers, Fairbanks & Goebel, LLP
15 West Carrillo Street, Suite 217
T: 879-7513 F: 879-4006
Mack Staton
Secretary
Bench and Bar Conference (2010)
Mullen & Henzell LLP
112 E. Victoria Street
Santa Barbara, CA, 93101
T: 966-1501 F: 966-9204
Catherine Swysen
Chief Financial Officer
Sanger & Swysen
233 E. Carrillo Street, Suite C
T: 962-4887 F: 963-7311
William Clinkenbeard
Past President
Clinkenbeard, Ramsey & Spackman, LLP
Post Office Box 21007
T: 965-0043 F: 965-8894
Lora Brown
Liaison, Legal/Community
Associations
Hardin & Coffin, LLP
1531 Chapala Street, Suite 1
T: 963-3301 F: 963-7372
Luis Esparza
Events Committee
Esparza Law Group, PC
1129 State Street, Suite 13
T: 564-1018 F: 564-1437
Saji Gunawardane
Editor-in-Chief
Law In Motion, PC
924 Anacapa Street, Suite 2-J
T: 845-4000 F: 845-4867
Jennifer Kruse Hanrahan
MCLE Chair
Attorney at Law
285 Chateaux Elise, Suite B
T: 636-5566 F: 966-6407
Richard F. Lee
Liaison / Bench and Bar
Reicker, Pfau, Pyle and McRoy
1421 State Street
T: 966-2440 F: 966-3320
Donna Lewis
Special Projects
Attorney at Law
1727 Bath Street #B
T: 682-6710 F: 682-6710
Cristi Michelon
Events Committee
Eaton, Jones & Michelon
1032 Santa Barbara Street
T: 963-2014 F: 966-2120
John J. Thyne III
Law Day/Law Week
The Law Offices of John Thyne
2000 State Street
T: 963-9958 F: 963-3814
Paul Roberts
1126 Santa Barbara Street
T: 963-7403 F: 966-7869
William Duval, Jr.
Law Day/Law Week
1114 State Street, Suite 240
T: 963-9641 F: 963-4071
Elizabeth Nolan
Executive Director
SBCBA Office
123 W. Padre Street, No. E
T: 569-5511 F: 569-2888
[email protected]
Mission Statement
The mission of the Santa Barbara County Bar Association
is to preserve the integrity of the legal profession and
respect for the law, to advance the professional growth
and education of its members, to encourage civility and
collegiality among its members, to promote equal access to
justice and protect the independence of the legal profession
and the judiciary.
4
©2009 Santa Barbara County Bar Association
EDITOR-IN-CHIEF
Saji Gunawardane
ASSISTANT EDITORS
John Derrick • Winnie Cai
SENIOR EDITOR
Lol Sorensen
MOTIONS EDITOR
Justin Greene
VERDICTS & DECISIONS
EDITOR
Lindsay G. Shinn
COVER ART
Michael Lyons
Saji Gunawardane
EDITORIAL SUPPORT
Adam Carralejo
Jill Jackman Sadler
CONTRIBUTING WRITERS
Herb Fox
Robert Sanger
PRINTING
Wilson Printing
Submit all EDITORIAL matter to
Saji Gunawardane at
[email protected] with
“submissIon” in the email
subject line.
Submit all advertising to
Elizabeth Nolan at:
SBCBA, 123 W. Padre Street, #E
phone 569-5511, fax 569-2888
Classifieds can be emailed to:
[email protected]
Santa Barbara
December 2009 • Issue 447
Lawyer
Articles
6 Santa Barbara Lawyer: A Milestone Year
10 Bridging the Gap: Reflections from Our First Law
Student Intern, By Adam Carralejo
11 Reflections and Rebuilding, By Melissa Fassett
12 Santa Barbara Barristers 2009 Retrospective, By
Gabriela Ferreira
15 Santa Barbara Women Lawyers: Another Excellent Year,
By Naomi Dewey
16 Lawyer Referral Service Spotlight, By Lida Sideris
18 An Evening with Our Appellate Bench, By Betty L.
Jeppesen
23 Reflections From the Bench: Commissioners Steven
Belasco and Ed DeCaro Retire
24 When the Judge Tells You to Sing, You Sing!, By
Jennifer K. Hanrahan
26 Report on Proposition 8: Past, Present, and Future, By
Pauline Maxwell
29 FINRA and Whistleblowers, By Robert Sanger
Sections
32 Motions
33 Verdicts & Decisions
36 Section Notices
37 Classifieds
Associate Justice Steven Z. Perren, Associate Justice Paul H. Coffee, Presiding
Justice Arther Gilbert and Associate Justice
Kenneth R. Yeagan
See page 18 and the centerspread
for coverage and photos from the
SBCBA 2009 Justice’s Reception.
December 2009
5
Reflections from Our Readers
Santa Barbara Lawyer:
A Milestone Year
Dear Colleagues:
My Editorial Team and I extend our sincere appreciation
for your support during our term at Santa Barbara Lawyer.
As stated in my January introduction (“Turning the Page”),
our objective was to produce an engaging publication that
reflects the many facets of being a Santa Barbara lawyer.
In so doing, we aimed to honor past traditions, while
ushering in a few new approaches. It is our hope that this
was achieved with the introduction of formal submission
guidelines, a revamped, more objective Verdicts & Decisions, new columns (such as “Inn Focus” and “Motions,”
our legal community grapevine), and new photography and
graphic standards, among other new elements.
The most integral part of our success this year was having
the right team on board. I am most grateful for the tireless
efforts of Assistant Editors Winnie Cai and John Derrick; Senior Editor Lol Sorensen; Motions Editor Justin
Greene; Verdicts Editor Lindsay Shinn; Cartoonist
Michael Ferrone; and key editorial and graphic support from Michael Lyons, Alessandro Casati, Adam
Carralejo and Jill Sadler. I set out to assemble a collegial
team with experience with the written word and the practice of law; I hoped for a team with vision. Words cannot
express the pride of working with talented colleagues
equally committed to producing an engaging read for our
readers. To my Team and our advertising support, Liz
Nolan: Thank you for your talent and patience as we
worked together to “perfect the beast.”
A law journal should serve as a vehicle to host a conversation about how to relate to each other, both locally and
globally. How to nurture and develop who we are as professionals, and to exchange ideas about how we practice. We
thank our contributing writers (in particular, Herb Fox, Robert Sanger and David Hughes), court personnel and other
community leaders for their invaluable contributions.
Putting pen to paper taps into the promise of why we
practice law. Sometimes even who we aim to be – as lawyers, leaders, respected opponents…and as neighbors in,
what Judge James Herman calls “our tiny fishing village.”
That’s a Santa Barbara lawyer. That is what Santa Barbara
Lawyer has evolved into.
We hope you enjoy our final issue of year-end “reflections.”
-Saji D. Gunawardane, Editor-In-Chief
6
ear Saji,
D
Thank you for inviting me to
serve as Senior Editor for the
Santa Barbara Lawyer in 2009.
Through your leadership, new
efficiencies you and the team
established, and the hard work
of each editor, the Journal
established a new high water
mark for themed content and
for graphics. I was proud to
play a small role in its success.
[Your being there as an experienced “sounding board” was
instrumental. Thank you. -SG]
- Lol Sorensen, Esq.
Rubenstein & Sorensen Mediation
Dear Editor:
I have been blown away at the extremely high quality of
the Santa Barbara Lawyer with the innovations that were
undertaken this year. My goal in accepting the appointment as ADR Section Chair was to do all in my power to
increase the excellence in image and execution of all that
the Section desired to accomplish in 2009. Santa Barbara
Lawyer was a large key to our success in doing this.
As a team we all have done a great job for the Bar Association and its image, along with the image of the lawyers
in the community, which have been raised as a result.
- Dave Peterson, Esq.
SBCBA Alternative Dispute Resolution (ADR),
Section Chair
Hello Editor & Team:
Since 1999, when I was the
Editor of the then Quibbler, the
publication has undergone a vast
transformation. At that time, the
Editor did everything but typeset
the edition. It was a huge job. We were also a black and white
edition with a budget for only
the occasional color version. We
were excited when we went to
a glossy finish.
Tim Metzinger, who I picked to succeed me as Editor, continued the improvements by delegating duties which
not only was a brilliant thing to do, but added people to
the task who had
expertise in the
various areas that
were covered. He also renamed
the magazine and
was able to obtain the budget to
print all editions
in color.
Since then,
Santa Barbara
Lawyer has simply become better and better. The columns solicited and written by
attorneys specializing in their various fields
are illuminating and interesting. The photographs have been terrific especially when
schedule conflicts prevent attending some
events. This team’s attention to standards and
details, and careful scrutiny of the articles
have given the publication an even more
professional persona. The magazine monthly
covers have been entertaining and have
no doubt derived from your interest and
expertise in photography. The articles that
you have produced have been timely and
informative. You can be proud of the 2009
Editorial Board.
-
Betty L. Jeppesen, Esq.
Former Editor-in-Chief and
Former President, SBCBA;
Former President, Santa
Barbara Women Lawyers
Dear Editor:
Thank you for the opportunity to have the Project Excel
student mentorship project
profiled in your bar magazine. We look forward to
ongoing contact with you
and your group. And I hope
that your colleagues liked the
article.
-
Julie Carlson
Project Excel Santa Barbara
(Affiliated with UCSB
Black Studies Department)
Dear Editors:
Thanks to the Santa Barbara Lawyer
for working hard
to promote civility
and the positive efforts made by local
lawyers.
In the twentyfive plus years that
I have been in practice, I have seen what happens to families when
the parents divorce. The “traditional” method of divorcing involved pursuing the adversarial route assigned to civil litigation and followed the
same rules. Each side hired an attorney and went to war, just as those in
days of old had a knight/champion go bash at another knight/champion.
The problem was that the divorcing couple and their children were the
casualties. Then, the concept of mediation crept into family law, wherein
couples worked with a “neutral” to try to craft their own solution… In the
early 1990’s, Minnesota family lawyer Stu Webb, developed the notion of
“collaborative divorce.” Each party would still have and advocate, but the
couple, both lawyers, financial experts, and mental health professionals
would work as a “team” to find the best solution for the entire family.
Well, it works. Couples coming out of this process are pleased with the
results. Some of them even reconcile… The lawyers involved also find
their work more rewarding, and they experience less “burnout.” So, it
is not only better for our clients, it is better for us. Locally, some family
law attorneys formed the Santa Barbara Collaborative Law Group; we
continue to serve our community in this new role.
The collective effort to get the right message across to our peers and
share new developments in local practice makes all the difference. Thanks
again for your efforts and drive to support this direction.
-
Laura Dewey, Esq., Certified Specialist, Family Law
Attorney and Mediator, Collaborative Practice
Dear Editor:
Hats off to you for your thoughtful, creative stewardship of Santa Barbara Lawyer
this year, and to your team for all of the focused work behind the scenes required to
produce a monthly publication. The magazine looks good, reads well, and is full of
interesting content, due partly to the new theme approach you have developed for
individual issues and partly to the dedicated group of writers and editors you have
assembled or continued to publish.
I have particularly appreciated your willingness to include reports and photos of
section programs in the magazine. Sections carry out a critical part of SBCBA’s mission by keeping members up to date on specific areas of practice, and this benefit is
enhanced by substantive coverage of section presentations in Santa Barbara Lawyer.
- Christine L. Kopitzke, Esq.
SBCBA I.P./Technology Business Section Head
December 2009
7
Dear Editorial Board:
It is difficult to find an issue more universal for your membership than the issue of parenting. It is an issue about which most
professionals have an overabundance of guilt since “the law is
a jealous mistress” — jealous even of our children. Thank you
for your attention to the issues arising in the lives of lawyers
whose parental role frequently collides with their lawyer duties. I offer you a poem I wrote more than a decade ago… A
working mother’s perspective:
I’ll Take It
Sometimes I feel that it isn’t fair.
Other moms get to stay home and play.
Their work is very hard too, but still
They have freedom to hold their babies.
Sometimes I feel cheated by my day
All filled with other peoples problems.
Valuable time in my children’s
Brief childhood has been spent with strangers.
Yes, I would prefer to be with them.
Yes, I am missing cherished moments.
But, I do not have to miss them all!
I have kids I love and who love me.
Sometimes I feel that it isn’t fair. Those poor people who have spent their lives
At work without their children waiting
Not knowing the joy of coming home.
Evenings with laughter and kisses.
Weekends with pancakes and bacon.
Baby hugs with sticky wet kisses.
This is the only way I get them.
I’ll take it. Thank you for your continued
attention to the issues important to
the bench and bar. -
Sue McCollum, Esq.
Hollister & Brace, PC
[Thank you for your candor and insightful profile in our May issue, Sue. Special
recognition must be given to Winnie Cai (who I have tapped as our
2010 Incoming Editor) for leading the development of our May issue
and its thematic content. –SG]
8
Dear Editor:
Congratulations on
a great year of Santa
Barbara Lawyer In
particular, I want to
commend you and
the entire Santa Barbara Lawyer team
for putting together
the first “Green” issue
and for moving to
recycled paper. Sustainability
is not just for tree
huggers and granola eaters — it’s for everyone,
including multi-national corporations and, yes,
lawyers. Illustrative of this movement is the State
Bar’s recent adoption of an Eco-Pledge and Law
Office Sustainability Policy and accompanying
sustainability guidelines.
In your next “Green” issue (I suggest an annual
issue commensurate with Earth Day), I would
encourage an article providing a brief tutorial on
this Eco-Pledge and sustainability guidelines so
that Santa Barbara lawyers and law firms can lead
the way towards minimizing the environmental
impacts in the business and practice of law.
- Bret A. Stone, Esq.
Paladin Law Group® LLP
Dear Editor:
The Santa Barbara Lawyer has really come of
age. The 2009 covers, for example, have been more
than just cool. The arresting back-lit leaf of the June
issue sticks in my memory. The magazine pulled
off themed issues, not an easy thing to do when
the source of articles is volunteers. The editor’s
message oriented the reader to the theme with
that relentlessly positive yet never forced style of
Saji Gunawardane. This year also saw a welcome
return to listing the names of people appearing in
event photos. Kudos to all on the 2009 SBL team!
-
Donna Lewis, Esq.
SBCBA Board Member
Dear Editor:
2009 was a FANTASTIC year for the Santa Barbara Lawyer. The quality of articles submitted and printed were top
notch and I looked forward every month to receiving the
next edition. What a great editorial staff! I love the new
sections that have been added and really enjoy learning
about my colleagues and what they are up to both professionally and in their private lives. Thank you so much for making the Santa Barbara Lawyer a
publication I look forward to receiving and one so beautiful
that I can keep it on the office coffee table! Dear Justin:
Great article on the courthouse
in the recent Santa Barbara
Lawyer. Good information. I’ve
always wanted to get involved
in the Courthouse Legacy Foundation and I appreciate now
having the information as to
what is being done to preserve
our incredible landmark.
-
Mary Jane Miller, Esq.
Miller & Berryhill LLP
-
Dear Editor:
Thank you for soliciting my article for the September
issue (“The Strike of 12: 12 Tips...”). Your publication
recognizes that legal staff are very interested in knowing what is expected in motion filings and changes to
come at the courts. I urge all firms to make a copy of my
“12 tips” and share it with all staff... These 12 helpful
pointers will save much aggravation and facilitate the
administration of justice.
-
Marilyn Metzner
Secretary to Judges Thomas P. Anderle,
Thomas R. Adams and Denise de Bellefeuille
Santa Barbara County Superior Court
Dear Justin:
Thanks for including me in Santa Barbara Lawyer’s new
“Motions” column. It looks great!
- Kevin R. Nimmons, Esq.
Hollister & Brace, PC
December 2009
Jennifer E. Drury, Esq.
Drury Pullen, PC
Dear Editorial Board:
Santa Barbara Lawyer in 2009
probably had a better year
than most Santa Barbara lawyers. The publication, which I
edited “way back when,” has
transmogrified into the major
league sphere of bar publications – without a paid professional staff, an astounding feat,
for which serious commendations are due for all involved. In
particular, Saji Gunawardane, as editor-in-chief, you innovated, cajoled, and fretted to produce a vintage year: The
new features and ongoing columns and journalistic reportage have been an educative and enthralling read, with
striking covers and daring photography to boot.
I personally thank you and staff for extolling the virtues
and history of the public-interest law firm, California Rural
Legal Assistance, for which I serve as Directing Attorney
of the Santa Barbara office.
Looking back, my singular regret is flubbing the opportunity to push Saji, the intrepid Santa Barbara Lawyer,
into the Santa Ynez swimming pool of Judges Denise de
Bellefeuille and Jim Herman during a late summer barbecue
for the south and north County Inns of Court. There is always next year. [I will be on the lookout, Mr. Ah Tye. -SG]…
My best wishes to the 2010 incoming editors, Winnie Cai
and John Derrick, both of whom were invaluable and amiable members of my Pupillage during the 2009 William L.
Gordon Inn of Court year.
-
9
Kirk Ah Tye, Esq.
Former President, SBCBA; Former Editor-in-Chief,
Reflections
practicing law in and around Santa Barbara. I also gained
perspective from a variety of different practice areas, such
as family law, employment, Social Security disability and
civil litigation.
A second, but no less important, opportunity was in meeting and working with established legal professionals. The
interviews showed me the challenges that new attorneys
faced, as well as the work ethic required to succeed. Working with the production and editorial staff showed me how
By Adam Carralejo
the writing, editing, and printing of a monthly publication
works – and the time and effort involved. The contacts
gained, and the personalities I’ve met, made the time and
welve months ago, when our editor, Saji Gunawareeffort that much more rewarding.
dane, asked if I was interested in writing for Santa BarAs a law student with more questions than answers about
bara Lawyer, I jumped at the opportunity. I anticipated
this profession, I was very lucky to meet a group of lawyers
that it would be both challenging and rewarding to work
with a deep commitment to this community. They were
with such a dynamic group of legal professionals. As Saji
both helpful and unnoted when we met,
derstanding. I was also
the twin advantages of
encouraged by their
writing for the publicadiverse background. tion have been gaining
There was Winnie Cai,
experience and confiwhose constructive
dence as a writer, and
criticism was always
having the opportunity
accompanied by a
to meet and work with
warm smile. (Every
established professiontime
someone noticed
als in the community.
and complimented an
I also thought that bearticle I always thought
ing involved would
to myself, “Thank God
offer me a glimpse at
I have Winnie around
what it’s like to work
to make me look good
in the profession, and
…”.) John Derrick was
I might even pick up
a pleasure for his effort
some of the tricks of
The
Santa
Barbara
Lawyer
editorial
team
takes
time
out
from
their
busy
schedules
to
and intellect – and of
the trade along the
mentor
Young
Carralejo
course his biting wit. I
way. No more theory
thought Michael Ly– time to employ some
ons, Alessandro Casati
practical skills.
and Saji did a wonderful job with the art and photography. Considering how much independence I was given
Lol Sorenson was a familiar and useful sounding board. And
and how much I was encouraged to participate in team
of course, Saji was an insightful mentor who made every
discussions, I got to learn a lot about self-reliance and
aspect of this process easier.
problem-solving in a non-academic setting. I was able to
I would like to thank everyone involved for such an inwrite both substantive articles and lawyer interviews as
formative and valuable experience.
the publication’s first Law Student Intern. With my article,
“Growing Up Quickly,” I had the opportunity to research
Mr. Carralejo is currently a second-year student at the Santa
substantive law and translate that research into a reasoned
Barbara College of Law. The Editorial Board thanks him for his
opinion regarding the Ricardo Juarez murder trial and
important contributions to the team. We look forward to watching
youth sentencing issues. In my lawyer interviews, I was
and supporting his pursuits in the years ahead.
able to speak with both returning and new attorneys about
Bridging the Gap:
Reflections from
Our First Law
Student Intern
T
10
Reflections from the Bar
Reflections and
Rebuilding
By Melissa Fassett, 2009 SBCBA President
A
s I look back on the past year, I can only describe it
as a year of challenges. One year ago, as I accepted
the position of president of the Santa Barbara
County Bar Association, Santa Barbara was reeling from
the Tea Fire which had broken out suddenly, spread uncontrollably, and left hundreds of our friends and colleagues
without homes.
Disasters such as the Tea Fire remind us all how vulnerable we are, and even those of us whose homes survived
realize that it could as easily have been us.
Then, as the community began to rebuild, six months
later, the Jesusita Fire broke out and threatened an even
broader swath of our community with its angry flames. The
new threat kept vast areas of the community in uncertain
peril for many days until it could finally be controlled, and
then contained.
The imprint of these natural disasters erased the feeling
that we, in beautiful Santa Barbara, are somehow removed
from the hardships others are confronted with. Additionally, our community has felt the tremors of a shaky economy.
Like our clients, the legal community has been affected and
has had to tighten its collective belts.
However, notwithstanding the challenges we faced, it
is how we respond to challenge that defines us. Our community has consistently responded by reaching out and
helping those who are affected by hardship, both locally
and internationally. The awards that our Bar Association
gave this year reflected this and we honored individuals
who have given of themselves generously in order to help
others. This year, 80 people, members of the bench and bar,
and their guests, attended the 2009 Annual Dinner Meeting
to recognize the contributions of these individuals.
The Honorable Ruggero Aldisert was honored for his
almost 50 years on the bench, even in the face of health
difficulties.
David Hughes was honored for all of the work he has
done to provide assistance to those affected by the Tea Fire
and the Jesusita Fire.
Catherine Swysen was honored for her work with
December 2009
the Chad Relief Organization assisting refugees
from Chad and helping to
provide them with basic
health care, clean water,
schools, wheelchairs, and
other basic needs, and to
educate about the prevention of domestic violence.
Arnold Jaffe, Marjorie
Johnsen, and R. Thomas
Griffith were honored for
their contributions to Legal
Aid’s Outreach Program
Melissa Fassett
and these volunteers spent
countless hours helping
others with their legal needs, without compensation.
When we recognize those who have given of themselves
so generously, we are reminded that we can all contribute.
When we are consulted by a neighbor with a problem
who can’t afford to pay for a lawyer, an elder person who
is being neglected, a family whose home was lost in a fire,
or a non-profit whose coffers are empty, we should try to
make an effort to do what we can to assist.
As lawyers, we are uniquely qualified to help people with
problems and I believe we are bound to do what we can
to make our community a little better. Our new State Bar
President, Howard Miller, has asked that all attorneys commit to providing a number of hours of pro bono service to
those who can’t afford it, and I agree with his message.
The coming year will be one of rebuilding as we recover
and move on from the challenges of the last. We are starting
to rebuild from the damage caused by the fires, and there
are signs that the economy is also beginning to recover.
For the Santa Barbara County Bar Association, our particular challenge this year was to re-establish the Lawyer
Referral Service, to serve both the public need for referrals
and to offer the bar an opportunity to sign up to receive
referrals. We have put in place the foundation for the
Lawyer Referral Service, and we will all benefit from that
service. I hope to see it become strong and self-sustaining
in the coming years.
Our collective efforts have done much to advance the image of lawyers in the public eye, something that has been
sorely needed. I am proud of what we have done during
the past year to weather these challenges and proud that,
as President of our Bar Association, I have been a small
part of it. I thank the members of the Bar for allowing me
this opportunity to serve and I look forward to being part
of the next chapter.
11
Santa Barbara
Barristers 2009
Retrospective
By Gabriela Ferreira
W
hen I was asked to write an article summing
up Santa Barbara Barristers’ accomplishments
in 2009, my mind raced a thousand miles per
hour attempting to remember all that has happened. It was
for sure a challenging, exciting and successful year. The
exciting part started when I was elected to be the President.
I was truly honored and happy to undertake this position
after having served on the Board of Directors since 2007.
That short period of excitement quickly faded with the
realization that I would be faced with creating the bi-annual
Santa Barbara Attorney Directory. It is a project that involved hours upon hours of volunteer work from our Board
of Directors. We worked after-hours and weekends for
several months. At last we got it done and have been selling
the directories since June. It has been a great success!
SBB Vice-President Brandi Redman had this to say
about the Directory, “My highlight of the year was the
final publishing and distribution of the 2009-2010 Santa
Barbara Attorney Directory. What began as a seemingly
simple project became a true labor of love for us all. All
of the members of the Barristers’ Board of Directors spent
many a weekend and night gathering information, only to
then spend even more time proofing that information. All
of us worked hard; and we worked together. For me, this
is the true achievement. Amazingly enough, relationships
not only survived the process, but were strengthened. The
product is a beautiful and up-to-date directory we hope our
legal community utilizes and enjoys.”
I must say that a great deal of the success this year was
due to the wonderful young attorneys that I had the privilege of working with. All of the Board members donated
their time and energy to the success of our association.
The amazing work achieved this year would not have
been possible without the help of everyone involved. Our
2009 Board of Directors included Brandi Redman (Vice
President), Michael Lyons (Treasurer), and Jacqueline
Binger (Secretary). The officers were Ryan Drake, Casey
Nelson, Justin Greene, and Gary Semerjian. Serving in an
advisory role was Saji Dias Gunawardane (Past President,
12
2007, 2008).
The year of 2009 has also
been an interesting year
because SBB rolled out
several informative, entertaining, and well-attended
events throughout the
year. It offered legal education (MCLE) programs and
several networking events
and mixers. By promoting
legal education programs,
we brought professional
development and opportuGabriela Ferreira
nities to the legal community, especially to young
lawyers. These opportunities introduced new attorneys to the legal community and
acted as a forum for attorneys of all experience levels to
re-acquaint themselves with their fellow colleagues. The programs and events offered throughout the year
were informative and fun. In March, John Parke of Allen
& Kimbell, LLP offered an MCLE on Conflict of Interest. In
June, a swearing-in ceremony and reception were held for
the new admittees, and the much anticipated 2009-2010
Attorney Directory was released. In August, we had our
well-attended Summer Barbeque, followed by September’s
program on family law presented by Elizabeth Vogt. Next,
in October, we had an informal networking gathering at
Dargan’s Pub. We also held a program in partnership with
the Anti-Defamation League (ADL) in immigration law presented by Arnold Jaffe and Santa Barbara Sheriff Bill Brown.
This program was well attended by the community and
definitely constructive in generating much needed discussion about legal justice and immigration issues. November’s
MCLE program was our annual “Lunch with a Judge.” This
year we hosted the Honorable Arthur Garcia who spoke
about the adjustments and changes made to the county
courts due to the economic crisis.
Finally, to close this amazing year we will have the December swearing-in ceremony and our 3rd Annual Merry
Mixer. SBB believes that the promotion of programs like
these help to further develop legal skills, build professional
reputations and strengthen the network of legal professionals within our community beyond the workplace.
One major change in the SBB’s activities this year is that
we will give back to our community as it struggles to cope
with the economic crisis. SBB will match the proceeds of its
upcoming Merry Mixer and donate the funds to our local
Continued on page 16
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This activity approved for Minimum Continuing Legal Education Credit by
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Contact Connie Bush at [email protected]
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© 2009 Thomson Reuters L-354483/10-09
December 2009
13
14
Santa Barbara
Women Lawyers:
Another Excellent
Year
By Naomi Dewey
S
anta Barbara Women Lawyers celebrates its twenty-first anniversary this year, and 2009 has been a
year to remember for the organization.
SBWL was founded in 1988 as a support network and
resource for female attorneys. Over 100 people attended
the first meeting, and the organization never looked back.
Among other achievements, SBWL was the first group in
the County to offer continuing education programs.
SBWL began 2009 with two goals — first, to continue the
legacy of service to our members and the community, and
second, to assess what members needed in the future.
When I became President of SBWL, I was struck by the
number of people who questioned the relevance of the
organization. “We don’t need a women’s bar,” said some
— “women have shown that they are equal,” or “treating
women differently misses the point.” To counter those
that question the relevance of SBWL, I note the vibrancy of
our MCLE program, our mentoring work, special projects,
and a busy, busy year of serving the Santa Barbara legal
community.
In February, Santa Barbara Women Lawyers Foundation, the gift-giving and fundraising arm of SBWL, hosted
Masquerade Madness, a Mardi Gras themed event on the
waterfront where guests danced, partied (and gambled) the
night away while raising money for our scholarship program. The event came at a time when economic uncertainty
was affecting us all — and was a testament to our donors’
commitment to SBWL’s mission and goals.
Working with the Santa Barbara Legal Secretaries, SBWL
was a supporter of Law Bowl, raising funds for the Teen
Court program. Working with the Santa Barbara County
Bar Foundation, SBWL acted as a provider for continuing
education programs on topics including Proposition 8 and
Rules and Ethics in Collecting Legal Fees. For 2010, SBWL
will be the MCLE provider for all Law Week continuing
education programs.
In July, SBWL launched a countywide salary survey.
Working with names provided by the County Bar and
Barristers Club of Santa Barbara, SBWL surveyed over 600
December 2009
attorneys about their compensation, employment
and background. The survey was a “repeat” of one
conducted in 1998. This
time, we used email to
reach participants. While
the data is still being tabulated, one thing is clear. In
1998, women attorneys
earned 66 cents on the dollar compared to their male
counterparts. In 2009, we
have moved closer to parNaomi Dewey
ity — but not much closer.
Women lawyers on average earn 74 cents on the
dollar compared to men in 2009. There are, of course,
variables in the data that refine this broad overview.
An important part of SBWL’s work is representing the
County at the state and national level. In early September
two SBWL directors represented the organization at the
California Women Lawyers annual dinner at the State Bar
Conference. CWL affiliation helps SBWL access statewide
programs and resources for members; we are also members
of the National Conference of Women’s Bar Associations.
Later that month, SBWLF honored six scholarship recipients and Judge Jean Dandona at a luncheon at the University
Club. The scholarship recipients, five women and one man,
come from very different backgrounds, but share one thing
in common — they hope to practice law in this County. As
a former scholarship recipient, I can attest to the powerful
links these recipients will form as SBWL members mentor
them and assist in their transition to practice.
Also in September, SBWLF gave its only non-scholarship
grant of 2009. This special grant went to the Domestic
Violence program at Legal Aid. Outgoing SBWLF President
Stephanie Ball has done an excellent job of shepherding the
Foundation through two tough years, and is to be commended for her leadership in difficult financial times.
November saw SBWL’s annual Legal Education Program
at the Santa Barbara Courthouse. In response to the changing climate for legal jobs, we chose a career focus for the
three-hour MCLE. Attendees dedicated enough to venture
to the Courthouse on a Saturday morning heard from legal
recruiter Kathi Whalen, Commissioner and SBWL founding
member Deborah Talmage, and Naomi Beard from Lawyers
Life Coach.
Continued on bottom p. 16
15
SBCBA News
Lawyer Referral
Service Spotlight
By Lida Sideris
L
arge corporations and the affluent comprise the
majority of litigants in the United States. At the
opposite end of the spectrum, indigents often have
the benefit of low cost or free legal services in many cities,
subsidized, at least partially, by the government, bar associations, charitable organizations and/or private groups.
Reflections
Ferreira, continued from page 12
Legal Aid Foundation.
I am happy to say that particularly in light of 2009’s
economic crisis, that the degree of time and commitment
shown by the community in attending our events, as well
as the level of support and contributions to our association
was impressive! To all of the speakers, volunteers, attendees, contributors and supporters, the SBB Board of Directors
thanks you for making this year such a successful one!
Ms. Ferreira served as as President of the Santa Barbara Barristers
in 2009 and is a sole practitioner based in Santa Barbara.
Dewey, continued from page 15
Finally, we will end 2009 with our annual dinner and
meeting, on December 14, 2009, at the Canary Hotel, celebrating 21 years of SBWL with guest speaker and former
State Bar President Holly Fuije.
I can’t think of a better way to answer those who question our relevance in the 21st century. SBWL remains a key
part of the local legal community, and it has been a pleasure
to head the organization in 2009. The 2010 SBWL Board
of Directors will be headed by incoming President Brandi
Redman, and as we head to the next milestone, it’s all about
you: our members and colleagues.
Ms. Dewey served as 2009 President of Santa Barbara Women
Lawyers and is a litigator at Hardin & Coffin LLP.
16
Between these two sit millions of Americans of moderate
means that seldom utilize attorneys. Why? First, the perceived costs of attorney services discourage most from seeking legal help. Second, potential clients are often uncertain
as to whether they even have a problem that requires legal
assistance. And finally, they postpone or forego contacting
an attorney at all because of the difficulties in finding the
right one.
This is where the Lawyer Referral Service comes in. It
fills a void for those at a loss as to whether they have a
legal issue and when they do, where to go to resolve it.
The LRS has, in many ways, become a lifeline for those
seeking legal help, but lacking the ability to find an attorney with the requisite expertise in the needed area of law.
It provides a vital means of legal accessibility for middle
class Americans.
So how exactly does the Lawyer Referral Service work?
Ideally, it matches those seeking legal advice, but unsure of
how to find it, to the right attorney. Callers are screened by
LRS staff to determine whether a potential referral actually
has a legal problem or whether the case may be better suited
to another resource or organization such as the Legal Aid
Foundation, Small Claims Court or the Labor Board. Once
a caller is determined to require legal assistance from the
LRS, an attorney member with the proper experience is
contacted, and the referral is made.
The Lawyer Referral Service exists to assist members of
the public in obtaining access to an attorney while providing attorneys with leads to clients they otherwise might
not have. Additionally, the LRS provides public relations
benefits for the legal profession.
The majority of the public imagines attorneys as unapproachable, the services as unaffordable and the lexicon
as unfathomable. Referral services make it convenient and
less daunting for the public by serving as a buffer between
prospective client and attorney, taking into consideration
the potential client’s spoken language, circumstances,
geographical convenience and the type of legal problem
they’re experiencing. The Service enables solo practitioners
and smaller law firms, who are without the benefit of a
marketing department, to find prospective clients.
The Lawyer Referral Service of Santa Barbara County is
State Bar certified and is sponsored by the SBCBA. For more
information, please call (805) 569-9400 or e-mail director@
sblawyerreferralservice.org.
Ms. Sideris is Executive Director of the Lawyer Referral Service of
Santa Barbara County. She previously served as Director, Business Affairs for Lorimar-Telepictures and as an attorney for the
Alliance of Motion Picture & Television Producers.
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December 2009
17
Member FDIC
SBCBA News
An Evening with
our Appellate
Bench
By Betty L. Jeppesen
O
n Wednesday, October 28, the Annual Reception with the Appellate Justices of Division Six
tried a new venue. The event was held at the
Santa Barbara Maritime Museum at the boat harbor. This
was an inspired choice, as the clear crisp evening provided
an excellent view of one of Santa Barbara’s best attractions,
its scenci harbor. Elements Restaurant catered the event,
with servers circulating — as well as three serving stations
with delicious shrimp, pasta, and kabob. The ambiance of
boats and seaplanes suspended from the ceiling, as well as
deep sea diver “Jim” greeting the visitors at the door, added
to the festive atmosphere.
The Santa Barbara County legal community is fortunate
to have such an intellectual, and yet approachable, appellate
bench. Each year, the Justices hold forth on events that have
been significant to Division Six and allow attorneys to hear
their thinking processes in various cases that came before
them. Guests also leave with timely and helpful hints about
what works and what will not be accepted when presenting
both appellate briefs and oral argument.
Though the overall topic is the same, the annual event
is always different. This year, the colloquy between the
Justices and the audience focused on a complicated estate
case and one in which the Justices held differing opinions
while managing to assist each other in writing the opinion.
The Justices also stated their views on the efficacy of oral
argument.
The Justices welcomed participation from the attendee
attorneys and answered questions, as they always do, very
openly. For anyone with even a remote chance of appearing in Division Six, this is a “must attend” evening. No law
books provide the insight and direction given here.
That said, Justice Gilbert’s new book, “Under Submission,” was made available to attendees and is fast catching
on as an informative and entertaining read. (See a review of
the book in the Janaury 2010 issue of this publication.)
Ms. Jeppesen is a former SBCBA President and serves as in-house
counsel for Santa Barbara-based Islay Investments.
See our centerspread for additional photos from the 2009 SBCBA
Justices Reception.
Associate Justice Steven Z. Perren, Associate Justice
Paul H. Coffee, Presiding Justice Arther Gilbert and
Associate Justice Kenneth R. Yeagan
Santa Barbara County Superior Court Judge Thomas P. Anderle with
SBCBA Past President Ann Anderson and outgoing President Melissa
Fassett
18
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December 2009
19
Marcus Kocmur and Marcus Bird
Douglas Large and Justice Gilbert
Justice Perren, Ann Battles, and Santa Barbara Lawyer Editorial Staff
Michael Lyons (Event Photographyer and Adam Carralejo (Law Student
Intern)
20
2009 SBCBA
Justices
Reception
Judge Jean Dandona and Justice Steven Perren
Santa Barbara
Maritime Musuem
Below: Appellate Specialist Wendy Lascher poses a question to the Justices.
December 2009
21
Photos: M. Lyons
Reicker Pfau Pyle & McRoy, LLP
presents
Taste for Justice
Santa Barbara
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& Beyond
Transitions
2009 Reflections
from the Bench:
Commissioners Belasco
and DeCaro Retire
By Michael Lyons
A
fter many years of serving as Commissioner in
Santa Barbara’s North
County courts, Steven Belasco is
retiring. A second generation Californian, Commissioner Belasco
came to Santa Maria in 1976 after
receiving his J.D. at U.C.L.A. Additionally, Mr. Belasco served four
years as a Peace Corps volunteer
in the Kingdom of Lesotho before
entering law school in 1971.
His selection as a Court Commissioner followed 13 years
in private practice. In court he emphasizes the need for
mutual respect and understanding. While serving on the
bench, Mr. Belasco simultaneously served on three different
North County benches: Solvang, Lompoc, and Santa Maria.
He would often travel from court to court, and for this he
was known as the “traveling judge.”
Both North and South County attorneys share a mutual
respect and admiration for Belasco as a member of the
bench and bar. Craig Smith, a former North County Commissioner, reflects, “I first met Steve many years ago when
I was the court commissioner handling juvenile court in
Santa Maria and Steve was an attorney appearing in front of
me. He was bright and always well-prepared and I always
considered him to be one of the upper echelon of the local
defense bar. Not to mention the fact his impeccable taste in
clothing brought a sense of big-city style to a courtroom that
had a small country feel. Too bad all that sartorial splendor
was hidden beneath a black robe.”
Darrel Parker, North County Assistant Court Executive
Officer, comments that, “Commissioner Steve Belasco has
been one of the hard working bench officers, handling
thousands of cases every year throughout northern Santa
Barbara County, and he will be sorely missed.”
In transitioning from the bench, Mr. Belasco commented
that he now has more time on his hands and is able to take
on projects that he could not undertake while serving on the
December 2009
bench. Additionally, Mr. Belasco enjoys using his extra time
to travel and spends considerable time in Mexico. At the
time of this writing Mr. Belasco was traveling in Spain.
I returned to Santa Barbara and resumed the private practice of law in 1981 following five years as Chief Assistant
City Attorney in Los Angeles. In my absence, Stan Roden,
who I had served as Assistant District Attorney in 1975,
had hired Ed DeCaro. He was the key deputy district attorney to contact if you hoped to negotiate a disposition
that minimized the punitive consequences of a conviction
and maximized the therapeutic opportunities that were
more likely to reduce the prospects of recidivism.
It was a pleasure to “work with” Ed as an adversary. He
was realistic, understanding, patient and, most importantly,
he listened. He didn’t lose these qualities when he was
appointed to serve as a commissioner of the Municipal
Court in 1987 and later elevated as a commissioner of
the Superior Court in 1998. I represented clients in his
courtroom and was especially impressed with his appreciation and consideration for the needs of private attorneys.
When I was appointed as a judge of the Superior Court in
2003, I learned quickly how valuable he is to the administration of the criminal courts. Despite my 45 years of
experience in criminal law, Ed was always available as a
mentor to me, and I sought his advice regularly. He has an
extraordinary work ethic and a remarkable commitment
to excellence. He is an invaluable asset whose retirement
will leave a gaping vacuum, and I will miss his wise counsel. Ed DeCaro has been a marvelous ambassador for the
court in the legal community and with the general public.
-George Eskin
Commissioner Ed
DeCaro suits up for
a final performance.
(Golf digest, cap and
door within arm’s
reach!)
23
Inn Focus
When the Judge
Tells You to Sing,
You Sing!
By Jennifer K. Hanrahan
“W
hen the Judge tells you to sing, you sing.”
Sue McCollum shared this invaluable
lesson with a curious crowd at the University Club as she introduced Pupillage 8’s presentation to
the William L. Gordon American Inn of Court on Sept. 2,
2009. And sing we did! Directed by the Honorable J. William
McLafferty, Peter Umoff, Susan McCollum, Michael Gerson, Preston Marx III, Jennifer Hanrahan, Robert Croteau,
and James Stoichef dug deep into their dramatic, comedic,
and musical backgrounds to act, sing, and even dance.
Members of our pupillage debuted the first-ever musical
at the Inn! We produced two Acts and five scenes with seven
musical numbers. Judge McLafferty’s son, John McLafferty,
filmed and edited the scenes with amazing talent.
The Musical
Both Acts were based on real cases that Judge McLafferty had heard, and most of the characters were based on
characters in the 1950s musical Guys and Dolls. In Act I,
Adelaide (Jennifer Hanrahan), former Hot Box dancer and
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Changing
lives
wife to gambler Nathan Detroit, is in her late-eighties and
meeting with her trust officer Marker (James Stoicheff) after
her husband’s death. Marker takes one look at her assets,
spots Adelaide’s huge rocks on her gloved fingers, and it is
love at first sight.
With a little help from the ballad “I’ve Never Been in Love
Before,” Marker tricks poor, little old Adelaide into marrying
him and giving him her money. After the wedding, things go
south, and Adelaide walks in on Marker checking chlorine
levels with the Juan the Pool Boy (Michael Gerson). Marker
is dressed up in all of Adelaide’s pretty things — authentic
mink stole, pearls, 1950s hat, dress, gloves — extreme drag.
Adelaide immediately bursts into “Give Back My Mink,” a
parody of the Guys and Dolls song “Take Back Your Mink.”
After Marker pleads with Adelaide to take him back so that
she won’t take her money back, they duet to a parody of
“Sue Me,” and Adelaide declares the marriage over.
In Act II, Preston Marx III plays somewhat senile, decrepit, one-time high-roller and ladykiller Sky Masterson,
who is now bundled under a blanket in a wheelchair, leading a much more routine life with the help of his caregiver
Ima Golddigger (Sue McCollum). Ima’s daughter Phoebe
(Jennifer Hanrahan) sees the opportunity and convinces
her mother to take Sky to Las Vegas and marry him. Ima
celebrates by belting a parody of Guys and Dolls’ leading
lady Sarah Brown’s “If I Were a Bell.” Phoebe encourages her
mother further with a parody of the favorite duet “Marry
the Man.”
“Vegas? I remember Vegas,” Sky reminisces in a gruff
New York City accent as he flashes back to the good old
days, and Preston performs a classy, exciting rendition of
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Changing
lives
24
UNIVERSITY
OF CALIFORNIA
SANTA BARBARA
Inn Focus
“Luck Be a Lady” of which Sinatra would be proud, under
the spotlight of his mind’s eye. When the conspiring women
and Sky return from Vegas, Ima is upset and embarrassed
because she was unable to withdraw money from Sky’s
account and the bank officers called the cops on her. Phoebe
assures her that she is Sky’s lawfully wedded wife, and she
will get everything when he dies. They punctuate their
plans with a duet encore of parodied “If I Were a Bell.”
The Legalities
What remedies did Adelaide and Sky have? During a live,
audience-interactive, theater-in-the-round-style panel postfilm debut, Sue McCollum, Pete Umoff and Rob Croteau
applied legal principles to the musical fact scenarios.
The panel discussed the Family Code, Probate Code,
elder abuse law, conservatorships and case law pertinent to
challenging marriage status, obtaining a judgment of nullity
of marriage, and the significance of a putative marriage,
defined as a matrimonial union that was solemnized in
due form and celebrated in good faith, but which, because
of some legal infirmity, is void or voidable, in inheritance
contexts. (See Estate of Long (1961) 198 Cal. App.2d 732,
738; see also Family Code section 2251(a).)
The panel also discussed Elder Abuse issues raised by the
Second Act, including remedies for abduction of a dependent adult and raised other issues such as the following:
Was Ima disqualified to inherit because she was a care
custodian? What about after she married Sky? What were
Sky’s options to nullify his marriage to his former caregiver?
The panel highlighted several prohibited transfers under
the Probate Code.
The presentation seemed to be well received, and Pupilage 8 has been encouraged to submit the presentation to
the American Inns of Court competition. “I keep thinking
of additional songs to write or dialogue for new scenes
that would have made our presentation even better,” Judge
McLafferty ruminated at our table during the last Inn of
Court meeting of the year on October 7. The muse is still
with Judge McLafferty, and the 2010 American Inns of
Court began on Wednesday, November 4, 2009, so it will
be exciting to see what genius pours forth from his Honor’s
pen next year.
Ms. Hanrahan is a 6th year
attorney, a member of the
William L. Gordon Inn of
Court, and MCLE Chair for
the Santa Barbara County
Bar Association.
To play Old Doll Adelaide,
Jennifer Hanrahan was made
up to look like she was in her
late-eighties and straight out of
the 1950s.
Caregiver Ima Golddigger sings “If I Were a Bell” to her daughter
Phoebe who joins in with “Marry the Man” after they decide to take
dependant adult Sky Masterson to Vegas to get married!
“Trust Officers” harmonize about the follies of a slick trust officer taking advantage of a rich, older doll.
December 2009
25
After old doll Adelaide walks in on her new,
younger husband Marker dressing in drag with
Juan the Pool Boy, she demands that he “Give
Back [her] Mink” and the marriage is over. When
Marker sings “Sue Me,” Adelaide says “How?”
and searches for her legal remedies.
Inn Focus
Report on
Proposition 8: Past,
Present, and Future
By Pauline Maxwell
P
upillage 9 of the William L. Gordon American Inn
of Court gave the final presentation of the year in
the form of a mock newscast on the first Wednesday of this past October. “Sean Palminteri,” aka Sean
Mason, of “Channel 9 News” began by announcing that
the Supreme Court, down to four members after being
decimated by the swine flu, would soon be hearing oral
arguments in Perry v. Schwartznegger, the case that represents
the latest legal challenge to Proposition 8.
While waiting for the Court to convene, the well-known
commentator turned to local attorney Aaron Heisler for a
short, informative slide show presenting an overview of
the legal background of the case. Mr. Heisler informed the
viewers that originally, the statute defining marriage in
California was ambiguous as to whether it included samesex partners, but was uniformly interpreted as including
only opposite-sex partners. In 1977, AB 607 amended the
statute to define marriage as a contract between a man and
a woman. In 2000, voters showed their approval of this
definition by passing Proposition 22.
The pendulum swung the other way in 2005, when the
Legislature passed a bill that would have legalized same-sex
marriage. However, the bill was vetoed by the Governor
based on Proposition 22. A repeat attempt in 2006 met
the same fate. In 2008, however, the California Supreme
Court struck down Proposition 22 as a violation of the
state constitution.
The court’s decision became final on June 16, 2008, and
same-sex couples immediately began marrying — until
November 2008, that is, when voters approved Proposition
8, which amended the state constitution to ban same-sex
marriages. This round, the California Supreme Court
upheld Proposition 8, although it did not invalidate the
approximately 18,000 same-sex marriages that had been
formed before it was passed.
With the California Constitution amended, proponents
of same-sex marriages brought their attack on Proposition
8 to federal court, claiming that it violates the United States
Constitution. The State of California declined to defend
26
Panelists Jennifer E. Drury, family law attorney with Drury Pullen ACLP;
Lori A. Lewis, estate planning attorney at Mullen & Henzell; and Jane E.
Russell, CPA at MacFarlane, Faletti & Co.
the lawsuit, a task that was taken up by Proposition 8’s
proponents. Pupillage 9 took the liberty of advancing the
case to the oral argument stage for the purposes of their
presentation.
With that background in mind, Mr. Palminteri brought his
cameras to a discussion panel occurring at the University
Club that night. Lori A. Lewis, an estate planning attorney
at Mullen & Henzell; Jennifer E. Drury, a family law attorney with Drury Pullen ACLP; and Jane E. Russell, a CPA at
MacFarlane, Faletti & Co., discussed issues faced by couples
in California who are registered domestic partners or were
legally married here. These couples were in the unique position of being afforded the same rights as married people
by the state, but not the federal government.
This enthusiastic and enlightening discussion was interrupted by Mr. Palminteri when Justices Roberts (Judith
Rubenstein), Ginsberg (Jill Friedman), Scalia (Jared Katz)
and Sotomayor (Pauline Maxwell) filed into the “Supreme
Court,” and the camera turned to the oral argument. Kenneth Starr, (Scott Campbell), began his argument in support
of Proposition 8 but didn’t get very far before the Justices
peppered him with questions regarding whether homosexuality was an immutable characteristic and whether
marriage was a fundamental right.
Mr. Starr was followed by Theodore Olsen, (Kenny McDaniel), arguing a constitutional right to same-sex marriage.
Without taking anything away from seasoned attorney
Campbell, the Pupillage’s only student member wowed the
audience with his polished oratory skills as he answered
the Justices’ questions about the standard of review and
whether homosexuals are a suspect class.
About the only thing the viewers could be sure of after
the presentation was that same-sex marriage is an issue that
is likely to make the news for years to come. Stay tuned to
“Channel 9” for further developments!
Ms. Maxwell serves as a Research Attorney at Santa Barbara
County Superior Court.
2010 Membership Application
Member Name:_______________________________________________________________________________________
Check here if you do not want your name and office address disclosed to any buyer of Bar Assoc. mailing labels.
Check here if membership information is the same as last year. If so, the rest of the form may be left blank.
Office Address:_______________________________________________________________________________________
____________________________________________________________________________________________________
City: ______________________________________________________ State: _______________ Zip: ______________
E-mail Address:_______________________________________________________________________________________
Phone Number:_____________________________________________
Fax Number: ____________________________
Home Address:_______________________________________________________________________________________
City:______________________________________________________ State: _______________ Zip: ______________
State Bar#: _________________________________________________ Year Admitted to Bar: _____________________
Your member dues include a subscription to Santa Barbara Lawyer.
Schedule of dues for 2010
Active Members
$130
Student Members
$30
New Admittees (First Year Attorneys Only) $00
Affiliate Members (non-Attorney members only)
$65
Santa Barbara County Bar Foundation donation
$_______.__
Total amount enclosed
$_______.__
AREAS OF INTEREST OR PRACTICE (check box as applicable)
ADR
Civil Litig.
Family Law
Debtor/Creditor
Elder Law
In-House Counsel & Corporate Law
Intellectual Property/Tech. Business
Employment Law
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Taxation
Estate Planning/Probate
Mail completed form along with check to:
Santa Barbara County Bar Association, 123 W. Padre St., #E, Santa Barbara, CA 93105 Tel: (805) 569-5511
Donations to the Santa Barbara County Bar Foundation are tax deductible to the full extent provided by law
to a 501(c)(3) non-profit organization.
December 2009
27
As Local as the
Courthouse.
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Senior Vice President
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A Division of Pacific Capital Bank, N.A., Member FDIC
28
Criminal Justice
FINRA and
Whistleblowers
By Robert Sanger A
s most of you know, in 2007, the National Association of Securities Dealers, Inc. (NASD) amended
its by-laws and changed its name to the Financial
Industry Regulatory Authority (FINRA). FINRA has also
taken over the regulatory duties of the New York Stock
Exchange’s (NYSE) wholly owned subsidiary, NYSE Regulation, Inc. FINRA is not a governmental agency but works
closely with the Securities Exchange Commission (SEC).
However, just like the NASD and NYSE Regulation, Inc.,
FINRA has the potential for making referrals for regulatory
action and criminal prosecution.
In this month’s Criminal Justice column, we will review the
history of self-regulation in the securities industry culminating in the 2007 revamping of the FINRA organization. We
will then look at the new Office of Whistleblower created
by FINRA and its implication for the prosecution of federal
criminal violations arising out of the securities industry.
Foxes Guarding the Chicken Coop
After the stock market crash of 1929, the federal government enacted the Securities Act of 1933 and the Securities
Exchange Act of 1934. The idea was to avoid another crash
and to do so by imposing strict regulations upon the stock
traders and the securities industry. Like a lot of regulatory
programs, once the industry to be regulated saw the handwriting on the wall, the industry itself sought to control the
regulatory process.
The 1934 Act created the U.S. Securities Exchange Commission (SEC), an institution of the federal government.
Five Commissioners are appointed to enforce the federal
securities laws. They now have a staff of over 3,500 people,
have headquarters in Washington, D.C. and offices in 16
other cities. The SEC investigates wrongdoing and has the
power to take civil enforcement actions in the federal courts.
They can also refer matters for prosecution to the Federal
Bureau of Investigation (FBI), to the Department of Justice
and to the offices of the United States Attorneys.
But the 1934 Act, as further amended in 1939, also gave
the securities industry an opportunity to create what were
December 2009
designated “self-regulatory
organizations.” Interestingly, only one major organization was formed
to do this, the National
Association of Securities
Dealers, Inc. (NASD). Although the NASD was a
private corporation, it took
on quasi-governmental
powers and, by statute,
can make referrals to and
work closely with the SEC
to regulate the securities
Robert Sanger
industry. The NASD issued licenses to brokers,
employed enforcement officers and lawyers and even had
internal administrative tribunals to adjudicate disputes and
enforcement actions against individuals and businesses that
held licenses.
In 2007, FINRA took over the role of the NASD and
merged the regulatory functions of the NYSE into one
private agency. It was touted as a bigger, better and more
streamlined organization that would be better able to
compile one Rulebook and to provide more modern regulation of the securities industry. It is still not a governmental
organization but has the same quasi-governmental powers
based on its statutory grant and on its relationship with
the SEC. Besides licensing and rule-making, it is supposed
to be the first line of defense for investors against fraud
and misconduct among securities brokers. Its officers and
directors are, for the most part, active or retired members
of the big securities firms, banks or related entities. They
are the brokers regulating the brokers for the protection of
the investors.
Self-regulation can be a good thing, of course, but it can
also be utilized as a way to deflect real regulation. It cannot
go without notice that FINRA was up and running for a year
before the 2008 financial crisis. That crisis was precipitated
in large part by sharp practices on the part of the securities
industry. FINRA dropped the ball. They failed to regulate
the big firms and the fraudulent Bernie Madoff, and Allen
Stanford operations went undetected.
The SEC itself has been criticized for being too easy on
the biggest organizations. One researcher recently evaluated
this phenomenon in light of the theory that the Commissioners are less likely to commence enforcement actions or
make criminal referrals regarding the biggest firms because
that is where former Commissioners often find employment after serving. FINRA, as a private company, makes no
29
Criminal Justice
pretense otherwise. But the SEC and FINRA are inseparable.
The former CEO of FINRA, Mary Shapiro, who presided
over the lack of oversight of Madoff and Stanford, has now
been appointed the Chairman of the SEC.
In the wake of Madoff and Stanford, as well as the general disaster in the securities industry in 2008 and 2009, a
Special Review Committee (the “Special Committee”) was
appointed by the Board of Governors of FINRA. In addition
to investigating the failure to detect Madoff and Stanford,
the Special Committee determined that there are more
systemic problems with the organization.
Whistleblowers
There is skepticism about the ability of FINRA or the SEC
to independently regulate the industry that they purport to
oversee. There is also concern that the vast bureaucratic resources of these organizations are likely to be reinvigorated
sufficiently to make a difference. More than one commentator has remarked that current reforms may be no more
than rearranging the deck chairs on the Titanic.
In one step toward reform, FINRA has created a new Office of the Whistleblower through which, individuals with
material information about potentially illegal or unethical
activity can submit their information in a way that should
get to the appropriate staff people. They will evaluate the
information and take necessary action including referring
any whistleblower tips that fall outside FINRA’s jurisdiction
to regulatory or law enforcement agencies.
On the face of it, this seems like a good idea. Certainly
if tips about Allen Stanford or Bernie Madoff had been
followed up on, those schemes might have been stopped
before they harmed so many people. Of course, there is
a question about how this will really work. FINRA, and
the NASD before it, always had a protocol to accept tips
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and complaints from investors and other members of the
community. It is hard to see how a new e-mail address and
phone number for “whistleblower tips” will change the staff response from what it has been to complaints coming
into their regular e-mail address and phone number.
Even if there is a means to focus staff attention on legitimate whistleblower tips, is this the way to conduct the kind
of regulation that the securities industry requires? FINRA
should be regulating, investigating, verifying the information from the actual players, particularly the largest players,
in the industry. There is something desperate in the thought
that a major announced change in FINRA operations is the
creation of an Office of the Whistleblower.
But the bigger problem from a criminal law standpoint is
the fact that whistleblowers as a source of information are
problematic. First, there is no guarantee that whistleblowers will assist in detecting the problems in the securities
industries with the biggest players and with the bigger
schemes. There may be an undue focus on complaints
about individual brokers and individual transactions rather
than the types of systemic problems that led to the current
recession. Hence, there are likely to be more prosecutions of
individuals and smaller organizations rather than the larger
companies or higher up individuals who make policy.
Second, whistleblowers often have their own agendas.
They can be unreliable reporters in order to advance their
own interests. They can suffer from the same weaknesses
as informants in other kinds of criminal cases. Many studies,
including those of the California Commission on the Fair
Administration of Justice, have determined that reliance on
informants is dangerous in criminal cases and can lead to
wrongful convictions.
Conclusion
FINRA is under pressure to make significant changes in
light of the current financial disaster. Criminal prosecutions are always a good way to deflect attention from
institutional failures. FINRA is likely to make more referrals to the SEC and to the FBI and United States Attorneys
for prosecution of people and companies. The new Office
of the Whistleblower makes it more likely that we will
see increased activity at the local level. Unfortunately, the
whistleblower/informant procedure is likely to result in
criminal investigations and prosecutions of individuals and
smaller companies, which may not be guilty while allowing
untoward practices to continue at a larger level.
Robert Sanger is a Certified Criminal Law Specialist and has been
a criminal defense lawyer in Santa Barbara for 36 years. He is
partner in the firm of Sanger & Swysen.
30
December 2009
31
Legal Community
Jared Green is a new associate at
Mullen & Henzell LLP in their Estate
Planning group. Prior to this move Mr.
Green was an associate at Clifford
Chance US LLP in their Corporate
Finance department. Mr. Green graduated from Brigham Young University
with a B.S. in Physics and Philosophy,
and earned his law degree from New
York University School of Law.
The Santa Barbara Women Lawyers Foundation
(SBWLF) has elected its officers for 2010. The SBWLF
is the fundraising and gift-giving arm of Santa Barbara
Women Lawyers. Serving the Foundation in 2010 will
be Angela Roach (Hager & Dowling), President;
Gabriela Ferreira (Law Offices of Gabriela Ferreira),
Vice President; Naomi Dewey (Hardin & Coffin, LLP),
Treasurer; and Laura Dewey (Law Offices of Laura
Dewey), Secretary.
Interested in serving on the SBWLF’s 2010 Board of
Directors? Any inquiries should be directed either to
current president Stephanie Ball, at [email protected],
or incoming president Angela Roach, at Aroach@
hdlaw.com.
As a reminder, the Santa Barbara Women Lawyers
(SBWL) will hold their annual dinner on Monday, December
14, 2009, at the Canary Hotel. Holly Fujie, past California
State Bar President will be the featured guest speaker. The
event will begin at 6pm with a no-host bar at the Perch
overlooking Santa Barbara followed by dinner at 7pm.
The cost to attend is $60 SBWL member/$65 non-member
before Monday, December 7, 2009. After December 7 the
cost is an additional $5 per person. To RSVP send a check
payable to SBWL, to Angela Roach at Hager & Dowling,
319 East Carrillo Street, Santa Barbara, CA 93101. For
additional information please contact Angela Roach at
[email protected].
32
Michelle Montez, an Assistant
City Attorney with the Santa Barbara City Attorney’s Office, and
Ian Fisher, an Estate and Trusts
Partner at Price Postel and Parma
LLP, welcomed their third child,
Sterling James Montez Fisher
on August 28, 2009. Sterling joins
big brother, Sebastian (5 years old)
and big sister, Sydney Rose (2 years
old). The Editorial Board offers
congratulations to the Montez Fisher family on this joyous occasion!
John Eck of Griffith & Thornburgh, LLP has recently joined
the St. Francis Foundation
Board of Directors. The mission
of the St. Francis Foundation is to
promote and support healthcare
in the South Coast community,
with particular attention to those
most in need. Mr. Eck’s practice
focuses on general civil and real
estate litigation.
The Santa Barbara District Attorney’s Office has bid
farewell to District Attorneys Gerald Franklin, Darryl
Perlin, Vicki Johnson, Allan Kaplan, and Tom Lake, all
of whom have retired within the last few months. These
seasoned civil servants will be taking decades of experience
with them. Despite their official retirements, a few will not
be making a final break. Perlin plans on finishing up some
trials that he has been involved in, and Franklin is going to
return on a volunteer basis. With 34 years of experience,
Franklin imparts his wisdom to young lawyers: “Whomever
you represent, be honest in your representations to the
court and to your opponent’s counsel.” Good luck to these
deserving retirees!
If you have news to report the Santa Barbara Lawyer Editorial Board invites you to “Make a Motion!” Send one to two
paragraphs for consideration by the editorial deadline to our
Motions editor, Justin Greene at [email protected]. If
you submit an accompanying photograph, please ensure that
the JPEG or TIFF file has a minimum resolution of 300 dpi.
Please note that the Santa Barbara Lawyer editorial board
retains discretion to publish or not publish any submission
as well as to edit submissions for content, length, and/or
clarity.
Verdicts & Decisions
Verdicts & Decisions
Montello v. Defendant
Santa Barbara Superior Court, Cook Division
Type of case: Type of proceeding: Judge: Length of trial: Length of deliberations: Date of Verdict or Decision: Plaintiff: Plaintiff’s Counsel: Defendants: Defendants’ Counsel: Experts: Premises liability
Jury Trial
Hon. James F. Rigali
4 days
4 hours
September 28, 2009
Jackie Montello
Louis Koory of the Law Offices of James McKiernan
Confidential
David G. Halm of Pettit Kohn Ingrassia & Lutz PC
For Plaintiff: Dennis Blackburn, D.O. (orthopedic surgery) and Brad Avrit, P.E.
(safety engineer); For Defendant: Michael Behrman, M.D. (orthopedic surgery)
Facts: On June 25, 2007, plaintiff, age 57, was walking into defendant’s premises when her heel became stuck in the
rubber open link grid mat. Defendant’s surveillance video showed that plaintiff lost her balance and fell to the ground.
Contentions: Plaintiff claimed that the open grid mat defendant used at the entrance of the premises created a dangerous trap condition and an unreasonable risk of injury. Plaintiff’s expert testified that the use of the mat was dangerous
in that it was foreseeable that customers could wear high heels. Manufacturers of similar mats warn consumers to avoid
using such mats in areas where ladies wear high heels. The National Safety Council in 1995 indicated that the open grid
style mats caused risks for high heels.
Defendant argued that plaintiff was inattentive, that there was no evidence regarding the dimensions of the holes in the
mat, and that there was no evidence that such an accident was foreseeable.
Summary of Claimed Damages: Plaintiff fractured the right radial head bone in her forearm. She underwent
closed reduction and pin fixation. Plaintiff claims she now needs radial head replacement surgery. Defendant’s expert agreed
plaintiff needed surgery but recommended radial head excision surgery without placement of an implant. Plaintiff claimed
$40,206 in past medical specials, $22,000 in future medical specials, $19,500 in past loss of earnings, $6,200 in future loss
of earnings, plus $475,000 in past and future general damages for pain and suffering.
Result: The jury, by a vote of 11-1, awarded plaintiff $263,176. The jury found that plaintiff was negligent but that her
negligence was not a substantial factor. Plaintiff filed a motion for cost of proof sanctions and then the case settled for an
undisclosed amount.
December 2009
33
Bench and Bar Conference 2010
When: Saturday, January 23, 2010, 8:30 am to 4 pm
Where: The Santa Barbara Mission
Registration includes up to 5.5 hours of MCLE, tech and vendor displays, continental
breakfast, lunch, beverages, and a drawing for Westlaw products.
Registration Date:
SBCBA Member
Non-Member
Until 1 Dec. 2009
$100
$130
12-1-09 to 1-15-10 After 1-15-10
$110
$140
$130
$150
Registration Form
(Please use additional sheets for additional names)
Name:_________________________________________________
Firm:__________________________________________________
Email: _________________________________________________
Daytime Phone:________________________________________
Total enclosed:__________________________________________
Mail Registration Form with payment to
123 W. Padre St., #E, Santa Barbara, CA 93105
Questions? Comments?
Email John Thyne at [email protected]
34
December 2009
35
3:45 PM - 5:00 PM
2:45 PM - 3:45 PM
SESSION B
1:45 PM - 2:40 PM
1 hr MCLE
1:15 PM-1:45 PM
11:45 AM - 1:15 PM
11:30 AM - 11:45 AM
10:00 AM - 11:30 AM
1 hr Ethics MCLE
.5 hr General MCLE
SESSION A
9:00 AM - 9:50 AM
1 hr MCLE
8:30 AM – 9:00 AM
“Death of Civil Jury Trials”
“Bringing Down the House – recent real estate
developments”
John J. Thyne, III
Paul Roberts
“Family Law Topic”
Jason Toon
“S tripping Mortgages in Personal
Bankruptcies and other
comparisons of Chapters 7 + 13”
Wine and cheese reception for conference attendees, speakers and sponsors
KEYNOTE: Barry Cappello – Reflections of a Trial Attorney (1 hour MCLE)
Elimination of Bias Credit
“Elimination of Bias Topic”
To Be Announced
TECH FAIR and VENDOR EXHIBITS
AFTERNOON SESSION
LUNCHEON PANEL: Tim Metzinger & Herb Fox: “Recent Developments in Appeals of Arbitration Awards.” (1 hour MCLE)
TECH FAIR and VENDOR EXHIBITS
JUDGES’ FORUM (1.5 hours MCLE) featuring Judges Herman, Anderson, de Bellefueille, Gilbert
Substance Abuse Credit
“The Law of Medical Marijuana”
Commissioner Talmadge (tentative)
Registration at Santa Barbara Old Mission Front Portico, with Continental Breakfast
MORNING SESSION
The BENCH AND BAR CONFERENCE 2010 – TENTATIVE SCHEDULE
Saturday, 23 January 2010 at the Santa Barbara Mission
Santa Barbara Women Lawyers
THE OTHER BAR
Free confidential assistance to those in the
legal community with substance abuse problems.
MCLE Luncheon
Weekly Other Bar recovery Meetings are
held in many areas, and others are being
established. For times and locations, or
to start a meeting in your area, contact the
number or website below.
Date:
December 10, 2009
Time:
Provider of Certified MCLE Instructors
MCLE courses available on our website
www.otherbar.org
12:00 p.m.-1:30 p.m. Topic:
Sexual and Gender Based Violence in Chad. Presentation will include a discussion of sexual and gender
based violence in the context of international laws
and the United States High Commission on Refugees
response to these issues.
Confidential Hotline:
(800) 222-0767
Speaker:
Catherine Swysen, Esq.
Location:
Santa Barbara College of Law
20 East Victoria St.
Menu:
Selection of sandwiches
Price:
SBWL members
Non-Members:
$20
$25
NOW IS THE TIME
Reservation Deadline:
TO SCHEDULE YOUR
PORTFOLIO REVIEW.
December 7, 2009
(add $5 to reservations after deadline)
Name(s) ______________________________________
Phone _______________________________________
When you stop to think about what’s happened in the past
year, it’s easy to realize how quickly things can change.
#SBWL Members attending at $20___ $25 ___
#Non-members attending at $25___ $30___
Total Enclosed
$____________
MCLE:
All attendees will receive one hour of Elimination of Bias
MCLE credit.
Questions or late reservations?
Brandi Redman, [email protected] or Lora Hemphill,
[email protected] (805) 963-3301
That’s why you should schedule your portfolio review
today. This is an ideal time to discuss how the market may
have impacted your financial goals. Then we can help you
decide if you should revise your investments. And even
if you don’t need to make changes, it’s still important to
evaluate your investment strategy and help ensure it’s still
on track with your goals.
Call today to schedule your free portfolio review.
Daniel J De Meyer
Financial Advisor
.
125 E De La Guerra St Ste 101
805-564-0011
Send Checks payable to SBWL to:
Brandi Redman
1021 Laguna St. #8,
www.edwardjones.com
36
Member SIPC
Classifieds
OFFICE SPACE AVAILABLE
Rarely available office in prestigious La Arcada Building
with five established attorneys. Includes large office,
secretarial space and library/conference room. Receptionist, runner, copier, fax machine, phone system, and
Westlaw available, if wanted. $1,340 a month. For more
information please call Harvey at (805) 966-1671.
Don’t forget to
renew....
Deluxe Executive Office Building Downtown
Full service receptionist, conference facilities, kitchen, copy/
fax/scanner, patios, janitorial and utilities included. Suites
and single offices available. From $550-$1,200+. Call (805)
568-5216.
The 2010 Membership
Application for the
Santa Barbara County
Bar Association can be
found on page 27.
Corporate/Transactional Associate
We have a position for a transactional lawyer
with 3-5 years of experience to handle general
business, real estate, tax and securities matters
including contracts and agreements, mergers
and acquisitions, partnerships, private offerings
and financing, public securities issues and real
estate leases and purchase agreements.
Candidates must have relevant law firm work
experience and top academic credentials.
JACKMAN SADLER INCORPORATED
Litigation Associate
CONTRACT PARALEGAL SERVICES
9
9
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We also have a position for a litigation lawyer.
Excellent legal research, writing and
communication skills along with strong
academics and California Bar required.
Law firm work experience is a plus.
Trial Preparation
Trial Support
Document Management
Summation Proficient
Case Chronologies
Deposition Summaries
Financial Declarations
Motions to Compel
We are an exciting, busy, AV-rated law firm
providing business, transactional and litigation
legal services. We offer a competitive salary
and benefits package with attractive downtown
offices. Check out our website at
reickerpfau.com to learn more about our firm.
Please e-mail your resume to
[email protected]
Call today to find out how your practice can benefit from
the assistance of experienced, capable contract paralegals.
Visit us on the Web for a comprehensive list of services,
fee information, and answers to FAQs.
(805) 560-7674 ɸ www.jackmansadler.com
Santa Barbara and Ventura paralegals available
December 2009
37
December 2009
Calendar
SUNDAY
MONDAY
TUESDAY
1
8
6
13
7
14
WEDNESDAY
THURSDAY
2
SBCBA
Family Law
Section Morning Coffee
SBB Swearing-In
Ceremony, 3rd Annual
Merry Mixer
3
4
5
9
10
11
12
17
18
19
24
25
26
Jan. 1
2
Santa
Barbara Lawyer
December
Submission
Deadline
15
FRIDAY
SATURDAY
SBWL MCLE
Luncheon
(See page 36)
16
State Court
Furlough Day
20
27
21
22
28
23
29
State Court
Limited
Operations/
Hours
30
Christmas
Court Holiday
31
New Years Day
Court Holiday
SBCBA 2009 SECTION HEADS
Alternative Dispute Resolution
David C. Peterson
441-5884
[email protected]
Bench and Bar Conference 2010
Mack Staton
966-1501
[email protected]
William Clinkenbeard 965-0043
[email protected]
Paul Roberts 963-7403
[email protected]
Bench & Bar Relations
Richard Lee
[email protected]
Civil Litigation
John C. Eck [email protected]
Eric A. Woosley [email protected]
Client Relations
Thomas Hinshaw [email protected]
966-2440
965-5131
897-1830
729-2526
Client Relations, cont.
Lol Sorenson [email protected]
Nicole Champion [email protected]
Debtor/Creditor
David B. Commons Elder Law
Denise Platt [email protected]
Jody Moore [email protected]
Employment Law
Rafael Gonzalez [email protected]
Estate Planning/Probate
Christopher Jones [email protected]
Claude Dorais [email protected]
38
963-4110
Family Law
Jennifer Drury [email protected]
Vanessa Kirker-Wright
[email protected]
899-1222
In-House Counsel & Corporate Law
Betty L. Jeppesen 963 -8621
[email protected]
649-1389
604-7130
604-7130
966-1501
963-2014
965-2288
879-7523
964-5105
Intellectual Property/Tech. Business
Christine L. Kopitzke 882-1440
[email protected]
Real Property/Land Use
Marcus Bird [email protected]
Bret Stone [email protected]
Taxation
Peter Muzinich [email protected]
Joshua P. Rabinowitz [email protected]
963-6711
898-9700
963-9721
963-0755
Lawyer Referral Service
of Santa Barbara County
Your next client could be a LRS Referral
• Want to build your practice?
• Want to find new clients in your concentration?
• Want to develop a new practice area?
As a member of the Lawyer Referral Service of Santa
Barbara County, you’ll enjoy receiving potential clients
who already have been screened by Lawyer Referral
Service staff. Not only will you receive potential clients
in need of legal help, but you can be assured that anyone
referred to you will have the type of legal problem that
you have indicated as fitting within your practice areas.
You won’t be wasting your time listening to people who
need help, but who don’t need legal help. Member service
and compliance with State Bar Rules are top priorities.
Contact us for specifics and an application. Email Lida
Sideris at [email protected],
(805) 569-9400.
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December 2009
39
Prsrt Std
U.S. Postage Paid
Santa Barbara, CA
The Santa Barbara County Bar Association
123 W. Padre Street, #E
Permit #734
Change Service Requested
For Your Real Estate needs, choose
carefully and choose experience!
I’ve been a Lawyer for 17 years and a Real Estate Broker with
my own company for 14 years.
Gary Goldberg
3FBM&TUBUF#SPLFSt-JDFOTFE"UUPSOFZ
“As a real estate company owner beginning my 15th year of serving Santa Barbara, I look
forward to helping you buy or sell real estate property, and as always, personally dedicating
myself to striving for excellence in every transaction. My expertise and detailed knowledge of
properties includes Montecito, Hope Ranch, Carpinteria, Summerland, Goleta, Santa Barbara,
and all the surrounding beach communities.”
6$)BTUJOHT$PMMFHFPG-BXt0SEFSPGUIF$PJG
Over $390,000,000
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Sold Since January 1, 2000
Among the top 10 agents in
Santa Barbara
(per MLS Statistics in Gross Sales Volume)
2008 - over $49 million sold
$PBTU7JMMBHF3PBE4BOUB#BSCBSB$BMJGPSOJBtOffice 805 969-1258tCell 895 455-8910
[email protected]
40