Santa Barbara Lawyer - Santa Barbara County Bar Association

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Santa Barbara
Official Publication of the Santa Barbara County Bar Association
November 2009 • Issue 446
Lawyer
Professional
Transitions
2
Santa Barbara Lawyer
R U B E N ST E I N
S O R E N S E N
MEDIA T I ON
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SPS_SBLawyer.indd 1
November 2009
3
YEARS OF EXCELLENCE
805.966.3312
10/8/09 5:51:56 PM
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]
©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
DESIGN
Baushke Graphic Arts
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]
4
Santa Barbara
Official Publication of the Santa Barbara County Bar Association
November 2009 • Issue 446
Articles
6 Transition to a Mediation Practice, By Lol Sorensen
7 Solo Transition, By John Derrick
8 The Transition, By Jason Frantz
10 North and South County Inns of Court Thrid Annual
Barbecue, By Laura Dewey
12 Competition and Collegiality Join in Golf, Tennis and a
Barbecue, By Melissa Fassett
16 Section Updates, By Gariela Ferreira and Staff
23 New Lawyer of the Month: Meet Marianne Stein, By
Adam Carralejo
27 How Much is Too Much Discrimination in the Jury Pool?
By Robert Sanger
32 Waiving Good-Bye to Appealing Excessive Damages, By
Herb Fox
35 Santa Barbara Women Lawyers Foundation Scholarships
and MCLE Luncheon, By Laura Dewey and Naomi
Dewey
Sections
15 Motions
36 Section Notices
37 Classifieds
38 Calendar
Photo:
Lyons/Gunawardane
November 2009
Lawyer
Editor’s Message Saji Gunawardane
Editor-in-Chief
In our September issue, we presented a series of articles
highlighting upcoming changes at our local courts. We introduced those articles with the preface that, as lawyers, we
recognize that change is not necessarily negative. Rather, we
know it to be a pivotal point, presenting new opportunities
to either follow suit, pursue an alternative direction or, in
some instances, set a new course.
This issue of Santa Barbara Lawyer contains a set of articles
that relate to a different form of change: that of professional transitions within the practice of law. Different in
that they are most often set in motion through our own
volition – whether we know it or not. Different in that they
are a reflection of our personal aspirations. Different in that
they also reflect our need to temper those dreams with
some semblance of conformity based on social, familial and
cultural norms… And then offset that hard dose of reality
with our own inner drive to not just “meet,” but “exceed”
expectations and forge our unique destiny.
The career trajectory can be a complicated one, seemingly
weaving one way, then leaning – sometimes veering – another. It may appear to the casual observer that our professional paths are being directed by the winds of chance. But
in reality, professional transitions are most often dictated
by personal choice. Winds of change set in motion by our
own autonomy and direction.
Our contributing colleagues – one former firm partner,
one seasoned soloist and another new practitioner – share
perspectives on their respective legal career paths. Each
embarked on a trajectory shared by many. And each provides insights regarding the shifts they made (and are making) – and the chances they took (and are taking) – as they
scale new heights. Their accounts are unique snapshots in
time, each demonstrating the attorney’s commitment to the
profession while making the legal career work for them. A
direction shared and prized by many local lawyers.
Also in this issue is our usual coverage of recent events
hosted by local legal associations, substantive articles from
our regular contributors, and our popular, new addition this
year, Motions. The latter, along with our traditional profile
on a new local lawyer, bring to a close our November cover
story/theme and this issue. We hope you enjoy it.
5
Professional Transitions
Transition to a
Mediation Practice
By Lol Sorensen
T
his month’s theme is professional transitions. It
seems natural that this journal would ask its Senior
Editor to weigh in on the subject. I’ve experienced
a few professional transitions in my time.
Ever since I was in grammar school, I always knew that I
would become a lawyer. However, unlike many of attorney
colleagues, I was not ready for law school immediately
after college. Perhaps it was something inside of me, or
maybe it was the time (the end of the Vietnam War), or
the place (Berkeley), but after graduating I had a yearning
to become a social worker. It was only after receiving a
Masters of Social Work and working in that field for five
years that I was ready to achieve my life’s ambition of
becoming a lawyer.
So, many years later, when I began looking for an opportunity to move away from a grueling litigation practice,
other than in a pine box, the notion of professional transition was not foreign or unduly daunting to me. The motto
“change is good” had a comfortable and familiar ring.
Ingredients of a Successful Transition
Both of my professional transitions followed a similar
course. Reflecting back, my recipe for a successful transition
relied on four particular ingredients.
Soul Searching: A bit of soul searching is often the first
step in a professional transition. What do you like and dislike about your current profession? What degree of change
is necessary to reorient your career in a more satisfactory
direction? Although I considered other options, the decision to become a mediator was a relatively simple one for
me given my previous career as a social worker and my
predilection as a litigator to seek out the elusive “win-win”
resolution to each case.
Planning: After deciding what direction I wanted to take
my career, I needed to figure out what my new career would
look like and what I needed to do to prepare. When Judith
Rubenstein and I decided to join in a mediation practice, the
planning became a joint process. Because I was committed
to a smooth transition, not only for me but also for Mul6
len & Henzell, the firm in
which I was a partner, the
planning process became
multi-lateral.
Preparation: Education
and training are among
the first steps in preparing
for a successful transition.
Eight years ago, when I
began mediating cases, I
found the knowledge and
skills I gained as a social
worker and as a litigator
very useful. But it would
Lol Sorensen
have been a grave error
for me to consider myself
ready to go when I began
to prepare for my transition. There are outstanding training
opportunities and a wealth of literature regarding mediation, negotiation, psychology, and cognitive science. In any
professional transition there are new things to learn and
new skills to master.
Perseverance: I began my planning and preparation to
become a mediator about five years before leaving Mullen
& Henzell. At every step of the way, a great deal of dedication and hard work was necessary to continue my planning
and preparation while litigating cases. The easiest, although
most disappointing course, would have been to succumb
to the inertia of a successful litigation practice.
Conclusion
Liberal amounts of all four ingredients are needed in all
stages of a successful transition. For instance, planning
and preparation play off one another as you calibrate and
recalibrate your vision of your new career. In my case,
my initial vision was of a career exclusively as a mediator.
As events played out, my vision broadened to embrace
opportunities to serve as an arbitrator, court-appointed
special master, and lawyer on behalf of a small number of
clients in which my skills as a negotiator and mediator can
be brought into play.
My goal was to find the best professional match for my
skills, temperament and aspirations. I believe I have found
that match and, with a good bit of soul searching, planning, preparation, and perseverance, so can any attorney
considering a professional transition.
Lol Sorensen is a mediator with the firm of Rubenstein & Sorensen
Mediation (www.rsmediate.com) and the Senior Editor of this
publication.
Santa
Barbara Lawyer
Solo Transition
By John Derrick
I
launched my solo practice almost five years ago.
Before, I’d worked for one of the larger firms in
town. It was tough leaving, as I had high respect
for those with whom I worked. But I wanted to pursue
a practice area — appellate law — that, for a variety of
reasons, works better on your own.
Since going solo, I’ve never had a day without enough
work. But solo practice has its stresses. And you’re more
likely to be happy if you enjoy the business of law practice
management. Here’s a bit of advice to lawyers thinking of
going it alone:
Focus: As much as possible, try to specialize. Ideally, you
want to be one of the “go-to” people for a particular area.
Starting out as a specialist can be tough. Facing bills,
you can’t afford to be too picky. So when I started out, I
launched two specialist practices — appellate and intellectual
property. IP has long been an interest of mine, dating from
my time in publishing. I even had two Web sites — californiaappeals.com and californiaip.com. I thought I’d float
two balloons and see how each flew.
After a short while, it became clear that my appellate
practice was taking off. So I closed down the IP side within
a year.
Likewise, I initially did a bit of general litigation. But as
soon as possible, I stopped doing so. Learning to turn down
work that doesn’t fit into the business model is one of the
challenges of becoming a specialist.
Don’t solo too early: In order to specialize, you need
to have some background that makes you credible. That’s
one reason why, unless economic reasons force you, I
wouldn’t solo before working in a firm. If you solo right
out of law school, you’re more likely to have to “bottom
scrape” to keep busy. Once you start that way, it can be
tough to reposition.
Working in a firm will teach you a lot about how law is
actually practiced. You’ll make contacts. And, if you don’t
burn bridges, you may have an ally when you strike out
on your own. I still sometimes co-counsel with the firm for
which I previously worked.
November 2009
Overhead: Keep it low.
Few new solos can justify
the cost of full-time staff.
Working out of home can
be a big money-saver, too.
My office is in a freestanding structure on my property. Visitors don’t have to
enter the house, although
it’s plain that I have a 20second commute from
my kitchen to my desk.
My home is very close to
downtown, which helps.
John Derrick
Also, the nature of my
practice doesn’t involve
constant meetings.
Working out of home may not be such a good idea if you
have a high-traffic practice, or if visitors will have to trip
over toys, see the laundry, or navigate the backroads.
Initially, I had a concern that clients might view a homebased lawyer with skepticism. But this turned out to be a
non-issue. (As far as I can tell.)
Otherwise, shared office space is a good means of keeping
overhead low. It can also substitute for some of the collegiality that comes with being in a firm. But be sure to brush
up on rules about conflicts if you share office resources
with other lawyers.
Ethics: I’m one of those people who, picking up the California Bar Journal, turns immediately to the discipline reports.
It’s a bit like my morbid habit of turning to the obituaries
when I get alumni publications. My sense is that solos
feature disproportionately in disciplinary proceedings.
Some might argue that lawyers in larger firms are more
adept at covering tracks. But it may also be true that lawyers practicing on their own are more likely to wander off
the straight and narrow. Without partners to whom one is
accountable, and with whom to analyze problems and procedures, there may be a greater risk of ethical slippage.
So be obsessive about things like trust account management, client communication, and conflict issues. But there
will always be gray areas or troublesome clients that can
give rise to ethical dilemmas. My advice is seek advice
when that occurs. There’s the State Bar ethics hotline. I’ve
called it a couple of times. And if you are really unsure,
consult an ethics specialist. I did that once. I thought it
money well spent.
John Derrick is certified by The State Bar of California Board of
Legal Specialization as a Specialist in Appellate Law.
7
The Transition
By Jason Frantz
I
took the bar exam in February 2009, and I found
out I passed in May. I was hired as an Associate
by Hill, Trager & Colton, LLP, where I had previously worked as an unofficial paralegal. Not unlike law
school and the bar exam, the transition into becoming an
attorney is an education and a test in and unto itself. Like
briefing cases during the first year of law school, everything
I do takes extra time because I’m still feeling out the process. Moreover, the pressure to
finish my assignments on time
seems constant. However,
just like in law school, I will
be successful if I listen to my
professors. I have three great
“professors” who help me to
navigate the potholes involved
in my young career: Timothy
J. Trager, Gary, J. Hill, and
Michael A. Colton. With over
100 years of experience, my
three “professors” have given
me the advice, criticism, and
direction necessary to become
a successful associate.
One of the first things I noticed after becoming an attorney was the sense of responsibility. I am no longer simply
an employee following orders. I am expected to think on
my own and I am responsible for my work. I am making
decisions that can seriously impact the lives of my clients
and I need to be aware of the consequences. As such, I must
pay attention to the details.
Among the numerous logistical hardships that confront
a new associate, billable hours is likely the most alien. In
addition to what I normally do, which is come to work and
finish whatever needs to be done, I also need to keep a log
of what I’m doing and how much time I spend doing it.
This is not as easy as it sounds. First, I have to keep track
of my time in tenths of an hour. Then, I have to decide
how to document what I am doing. Some have the mental
8
resources to make a list at the end of the week, or even at
the end of the month. That was never going to work for
me. After weeks of working out a system, I now keep track
of my time by making notes in a Word document, which I
keep open on my computer all day. At the end of the day,
I clean up my notes – adding depth to my descriptions – so
that they are ready to be added to a bill. Finally, I need to
bill enough hours to justify my pay. I discovered early on
that it is very challenging to get 5 or 6 billable hours out of
an 8 hour day, which puts pressure on me to work longer
days. All of this means that billing is a big hurdle for a first
year associate.
Most young attorneys find that discovery is a major
portion of their work load. The problem is that I learned
very little about discovery in law school. What objections
should I make to interrogatories or requests for production
of documents? How do I draft proper requests for admissions? When do I respond? Do I need a verified response?
These are the type of questions I came across.
This is where the advice
of my “professors” came in.
Shortly after I passed the bar
exam, one of my mentors,
Timothy J. Trager, gave me
a great piece of advice. He
said something to the effect
of “read the code, and when
you’re done, read it again.
Then, when you feel like
you know it, read it another
time because discovery is
the tool we use to build our
Jason Frantz and Tim Trager case.” After reading the code
numerous times, and drafting
a few requests and responses,
I learned that there are many subtle nuances to the code,
and knowing these nuances can be the difference between
getting the answers or documents you need and not getting them.
Moreover, I learned how right Tim was about the importance of discovery during my first trial – a 3 week, wrongful death jury trial in front of Honorable Thomas Anderle.
Because I had worked with Tim and Gary J. Hill through
the entire discovery process, and then managed the document database in preparation for trial, I knew exactly which
documents we needed to use at trial in order to support
our arguments and counter theirs. In addition, I was able
to draft a successful closing argument (my first) because I
Continued on page 33
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9
Legal Community
North and South
County Inns of
Court Third Annual
Barbecue
By Laura Dewey
T
he phrase “you couldn’t have asked for a nicer day”
had to have been coined to describe the barbecue
party hosted by Santa Barbara County’s favorite
judicial couple, the Honorable Denise de Bellefeuille and
the Honorable James Herman, on September 20, 2009, at
their Santa Ynez home.
Anyone who has experienced the graciousness and hospitality of this beloved couple knows that a party given by
them will include good food, fine wine, and wonderful company. They began this event in 2007 as a joint celebration
for the North and South County Inns of Court. They have
since generously opened the event to include local association boards and delegates to the Conference of Delegates.
Not to mention present and past State Bar Presidents.
Attendees at the barbecue were given the opportunity to
meet current State Bar President Howard Miller, as well as
former President Tom Stolpman. Also in attendance were
the namesakes of the two Santa Barbara County Inns of
Court: William Gordon and Rodney Melville, as well as
other local judges.
On this beautiful sunshiny day, guests enjoyed tasty appetizers, deliciously barbecued chicken and tri-tip, homebaked cookies, an impromptu wine-tasting with wines
generously donated by Stolpman Vineyards (amazing the
things a lawyer can do), a visit with the goats, chickens and
dogs, and, ultimately, star-gazing at the beautiful Milky
Way, unhindered by light pollution.
All in attendance were grateful to Jill Jackman Sadler and
Denise Motter for their incredible hard work in arranging this
event. All in all, a very happy day in Happy Canyon.
Laura Dewey is a family law attorney and mediator, and a delegate of the SBCBA.
Judge Rodney Melville (Ret.) and Judge William Gordon
(Ret.), namesakes for the North and South County
chapters of the Inns of Court, are all smiles.
Judge Garcia and Legal Aid Foundation of Santa Barbara County
attorney Yvonne Cudney
10
Above left: Judge James Herman introduces and entertains his guests. The
is the thrid year that Judge Herman and Judge Denise de Bellefeuille welcomed North and South County Inn members, local practitioners, judges,
legal community leaders and guests to their beautiful home in Santa Ynez.
Ann Anderson and Michael
Colton (former SBCBA
Presidents, 2006 and 2007,
respectively)
Roundtable Round-up! Tom Stolpman, Melissa Fassett, David Anderson, Ann Anderson, Judge James
Rigali, Greg Paraskou (neighbor to the Herman/de Bellefeuille Ranch) and Mark Brickley, Betty
Jeppeson, and Howard and Shirley Miller
SBCBA President Melissa Fassett and fellow board member Luis Esparza with
Judge Denise de Bellefeuille
Foreground: Judge Timothy Staffel, State Bar President Howard Miller
and wife Shirley, former State Bar President Tom Stolpman. Background:
Judge William L. Gordon (Ret.), Judge Kip Anderson, and guests Brian
and Cielle Hanrahan
November 2009
Judge Denise de Bellefeuille and Jennifer Hanrahan introduce Cielle to
two local residents
Incoming SBCBA President Lynn Goebel, Elizabeth Vogt, Judith
Rubenstein and Michael Colton
11
SBCBA News
Competition and
Collegiality Join in
Golf, Tennis and a
Barbecue
By Melissa Fassett, SBCBA President
he Santa Barbara fog slowly faded, reluctantly ceding the
sky to the encroaching California sun, as the golfers made
their preparations. Unpacking clubs and lacing their golf
shoes, they prepared to do battle for the most coveted of
honors - the “SBCBA Cup”. The greens of the Glenn Annie
Golf Course were once again the site of the annual Golf
Tournament hosted by the Santa Barbara County Bar Association, held on September 21, 2009.
The Fall Golf Tournament and its companion Fall Tennis
Tournament (see article to follow) are held each year to raise
money for the benefit of the Legal Aid Foundation of Santa
Barbara County. Proceeds from the sale of donated items
following the Tournaments are given as contributions to
Legal Aid to further its efforts to provide free legal services
to victims of domestic violence, elder abuse, housing discrimination, and consumer fraud, who could not otherwise
afford to pay for such services.
The Golf Tournament is open to both members of the bar
and their guests, and allows both hackers and scratch golfers
the chance to rub shoulders and play side by side in the Bar
Association’s scramble tournament held each fall. This year
20 golfers participated, and the shotgun start kicked off at 1
pm, as the sun broke through. Participants included: Team
Clinkenbeard – Bill Clinkenbeard, Will Beall, Eric Burkhardt
and James Cote; Team Moharram – Shereef Moharram,
Stephen Erickson, Allen Bifano and Doug Rossi; Team
Graziano – Paul Graziano, David Fainer, Brad Lundgren
and James Sweeney; and two teams designated by the Golf
Pro consisting of Marissa Beuoy, John Eck, Bruce Glesby,
Nathan Rogers, John Rydell, Tim Deakyne, Robert Sanger
and Charley Pavlosky.
The golfers battled their way through 18 holes on a warm
autumn day to see which of the matched teams would
prevail. Prizes were given for First Place Gross (overall team
score) and First Place Net (overall team score adjusted by
players’ handicaps). Prizes were also given for those coming
Closest to the Pin on Hole No.’s 6 and 11, two par-three
downhill drives.
At the end of the day, the proud winners of the Golf
12
Tournament were:
First Place Gross – Bill
Clinkenbeard, Jim Cote,
Will Beall and Eric Burkhardt; First Place Net
– Steve Erickson, Doug
Rossi, Allen Bifano and
Shereef Moharram; Closest to the Pin, Hole No. 6
– Bruce Glesby; and Closest to the Pin, Hole No.
11 – Jim Cote.
Each of the winners received a carefully chosen
Melissa Fassett
bottle of wine. However,
even those who did not
receive a prize enjoyed an afternoon of friendship and sport
(and a day out of the office!).
Glenn Annie offered an additional prize: a Toyota automobile donated by Toyota of Santa Barbara to any golfer
who got a hole in one on Hole No. 9 – and Bill Clinkenbeard came within a couple of feet of winning it! While Mr.
Clinkenbeard was modest about his near-accomplishment,
the rest of his first-place team was suitably impressed.
At the same time that the golfers were teeing off, the
Tennis Club of Santa Barbara hosted the companion Fall
Tennis Tournament of the Santa Barbara County Bar Association, and 16 players participated. Those participants
included: Don Boden, Phil Marking, Bruce Dodds, Monty
Amyx, Michael Gray, Ed Moore, Todd Amspoker, Neil
Levinson, Ed Lowenschuss, Georgine Carter, Clark Stirling,
Brad Brown, Randy Andell, Abbe Kingston, Curtis Ridling,
and Josh Rabinowitz.
The Tournament involved a “round robin” format of
doubles in which each of the participants played a set with
one partner, and then alternated partners for the next set.
At the end of the day, the player with the most winning
games is recognized as the winner.
The Tennis Tournament was played in two divisions,
based on ratings of the players. The first place winner of
the upper division was Neil Levinson, a nationally ranked
player, and a frequent participant in tennis tournaments,
both local and national. Curtis Ridling, also a seasoned tennis player, was the winner of the second division, playing
strong steady tennis. Each of the winners was also recognized with a carefully selected bottle of wine donated by
Price, Postel & Parma LLP.
Following the competition, golfers and tennis players
Continued on page 33
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. Join the Lawyer Referral Service of Santa Barbara County, and you can look
forward to being part of an efficient service that benefits the public and Santa Barbara
County legal community.
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.
November 2009
13
14
Legal Community
As a reminder, join Santa Barbara Barristers (SBB) for
Lunch with Honorable Presiding Judge Arthur Garcia
on Wednesday, November 18, a court furlough day. This
event will be held at the Santa Barbara College of Law and
will cost $25 for SBB members or $30 for non-members
to attend. Please RSVP by Friday, November 13 to Gary
Semerjian at [email protected].
Marlea Jarrette and
Robert Walmsley have
recently established the
firm Jarrette & Walmsley in Santa Barbara. This
firm will focus on family
law, surrogacy, adoption
and guardianship/conservatorships. Ms. Jarrette
was formerly a partner
Robert Walmsley and Marlea Jarrette with Rogers, Sheffield
& Campbell, LLP and
graduated from the Santa
Barbara College of Law. Mr. Walmsley was formerly associated with Rogers, Sheffield & Campbell, LLP as well as
Van Deusen, Youmans & Walmsley in Orange County.
Mr. Walmsley graduated from Whittier Law School.
Marysol Castro Bretado
has recently joined the
Public Defender’s Office
as a Deputy Public Defender. Ms. Castro Bretado
previously worked for the
Law Offices of Steven
R. Andrade. Ms. Castro
Bretado earned her Juris
Doctorate from the Southern California Institute of
Law.
Please join SBB on Wednesday, December 3rd at
5PM for the Swearing-in Ceremony for those new
admittees that passed the July bar exam. Results of
the July bar exam are scheduled to be released Friday,
November 20. The Swearing-in Ceremony will be held
in the historic Santa Barbara Courthouse Mural Room
and is free to attend. On a related note, please email
Gary Semerjian, at [email protected], the names
and contact information of any new admittees in Santa
Barbara County that passed the July examination.
Congratulations to
Marlea Jarrette and
her partner Robert
Walmsley of Jarrette & Walmsley
on the adoption of
their first child together Maxwell Hayden
Walmsley. Maxwell
was born on May
11th.
Maxwell Hayden
Walmsley with his very
proud dad and mom.
Marysol Castro Bretado
In addition to Ms. Castro Bretado the Public Defender’s
Office has recently added three additional Deputy Public
Defenders. Mark Saatjian has joined Marysol Castro
Bretado in the Santa Barbara office. Jacklyn Limbo and
Lea Villegas have joined the Santa Maria office.
November 2009
If you have news to report — e.g. a new practice, a new hire or
promotion, an appointment, upcoming projects/initiatives by local
associations, an upcoming event, engagement, marriage, a birth
in the family, etc. — 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.
15
SBCBA Section Updates
Intellectual Property/Technology
Section and In-House Counsel &
Corporate Law Section Host Timely
Trademark and Fraud Discussion
Santa Barbara Barristers Family Law MCLE
By Gabriela Ferreira
Staff Report
On October 7, 2009, the Intellectual Property/Technology
Business Section and the In-House Counsel & Corporate
Law Section of the Santa Barbara County Bar Association
(SBCBA) sponored a discussion led by Alison Grabell, a
partner in the Woodland Hills firm of Ezra Brutzkus Gubner.
Ms. Grabell’s lecture was titled “Fraud on the Trademark
Office and Other Practice Pitfalls.” She has long been active
with the International Trademark Association and with
the executive committee and conference committees of
the State Bar I.P. Section. Her talk centered on the recently
decided Federal Circuit case In re Bose Corporation, No.
2008-1448 (Fed. Cir. August 31, 2009), which changed the
landscape for trademark practitioners alleging and defending fraud claims at the Trademark Trial and Appeal Board
of the U.S. Patent and Trademark Office (PTO).
As Ms. Grabell explained, the Bose court held that fraud
can now only be found in the context of trademark filings
if a trademark applicant or registrant knowingly makes a
false material representation with intent to deceive the
PTO. Christine Kopitzke, Chair of the I.P./Technology
Business Section, and Betty Jeppesen, Chair of the In-House
Counsel/Corporate Law Section, planned and introduced
the program.
If you have news to report regarding education sessions
and events hosted by a section of the SBCBA, the Editorial Board encourages you to submit articles and pictures
(with descriptive captions) for publication in Santa Barbara
Lawyer.
On September 22, the Santa Barbara Barristers hosted
an MCLE Luncheon on Family Law. Attorney Elizabeth
Vogt, with more than 30 years experience in family law,
gave her presentation called “Moore/Marsden and Family
Law Code §2640 Issues in a Declining Real Estate Market.”
The Moore/Marsden Rule is a calculation used to divide
community interest in real property that was purchased
prior to marriage but mortgage payments were made with
community income during marriage.
In her seminar, Ms. Vogt used hypothetical divorce cases
to illustrate the basics of the Moore/Marsden Rule. She
worked through all the steps of a Moore/Marsden calculation and gave an example of how to use this formula. At
the end of the presentation, Ms. Vogt examined how to
apply Family Law Code §2640 and Moore/Marsden in a
depressed market.
The event was well attended with a full house of attorneys eager for insight into the complicated calculations
that can be involved in some divorce proceedings. Ms. Vogt
covered a technically intricate and confusing topic with an
impressive level of depth and clarity. Well done!
Ms. Ferreira currently serves as President of the Santa Barbara
Barristers.
Allison Grabell. (Photo: L. Phillips)
16
“Finally, someone my clients
can count on just like they count on me.”
Your relationship with your clients is all about trust. They trust your integrity and expert
legal advice. And they value the personal and confidential relationship you share.
It’s very much the same at Montecito Bank & Trust. Like you, we believe in longstanding
client relationships. In offering creative solutions for each person’s unique needs.
And especially in earning their trust with personal commitment and professional expertise.
Whether it’s designing an investment portfolio, managing multiple real estate properties
or planning charitable gifts, you can count on our Wealth Management team to provide
your clients with a level of service that meets not just their needs, but your standards.
Wealth advisory services – one of the many Paths to prosperity® you’ll find
at Montecito Bank & Trust.
What’s your path?
WEALTH MANAGEMENT
Investment Management - Trust Services - Estate Administration
Real Property Management - Philanthropic Services
www.montecito.com
Call for more information
Santa Barbara: 1106-E Coast Village Road, Montecito, CA 93018 U 805 564-0219
Solvang: 591 Alamo Pintado Road, Solvang, CA 93463 U 805 686-8620
Ventura/Westlake Village: 701 E. Santa Clara Street, Ventura, CA 93001 U 805 830-8005
November 2009
17
Member FDIC
2010 Proposed Santa Barbara County Bar
Association Officers, Directors and Delegates
President: Lynn Goebel
President-elect: Mack Staton
Secretary: Catherine Swysen
Past President: Melissa Fassett
CFO: TBD
Directors:
Luis Esparza
Herb Fox
Saji Gunawardane
Jennifer Hanrahan
Donna Lewis
Cristi Michelon
John J. Thyne III
William Duval, Jr.
Winnie Cai
2009 Santa Barbara County Bar
Association Award Winners
The John T. Rickard Judicial Service Award: The Honorable Ruggero J. Aldisert
Richard Abbe Humanitarian Award: David Hughes
Richard Abbe Humanitarian Award: Catherine Swysen
Frank Crandall Community Service Award: Arnold Jaffe
Frank Crandall Community Service Award: Marjorie Johnsen
Frank Crandall Community Service Award: Tom Griffith
18
THE SANTA BARBARA COUNTY BAR ASSOCIATION
Cordially Invites
Members of the Bench and Bar, Spouses and Guests to enjoy an Informal
Reception and Dinner
ANNUAL DINNER MEETING
Friday, November 13, 2009
Featuring Guest Speaker Jeff Bleich, Former Special Counsel to the President,
Past President State Bar of California, and Partner, Munger, at Tolles & Olson,
LLP (speaker confirmation pending)
Cabrillo Pavillion Arts Center
1118 E. Cabrillo Street
Santa Barbara
Reception from 6 P.M. to 7 P.M.
Delicious Appetizers and No Host Bar
Casual Dinner from 7 P.M. to 8 P.M. with Sumptuous Buffet Stations
Meeting, Awards and Speaker from 7:30 P.M.
$75 per person (After November 2, 2009 - $80 per person)
**All fees are non-refundable**
Name (s)_ ___________________________________________________
____________________________________________________________
Phone Number_______________________________________________
Amount Enclosed:____________________________________________
Please mail completed form along with your check payable to:
123 West Padre Street #E, Santa Barbara, CA 93105
November 2009
19
Ed Lowenschuss
Monty Amyx and Georgine Carter
Neil Levinson battles Todd Amspoker
Don Boden and Bruce Dodds
Back row: Don Boden, Phil Marking, Bruce Dodds, Monty Amyx,
Michael Gray, Ed Moore, Todd Amspoker, Neil Levinson, Ed Lowenschuss. Front row: Georgine Carter, Clark Stirling, Brad Brown,
Randy Andell, Abbe Kingston, Curtis Ridling, Josh Rabinowitz
2009 SBCBA
Golf & Tennis
Tournaments
Bradley Lundgren, James Sweeney, and Paul Graziano
Eric Burkhardt, Judge Bruce Dodds (Ret.), Bradley
Lundgren, James Sweeney, Curtis Ridling and colleagues 20
Gabriela Ferreira, Ron Perry, Luis Esparza, Jared Green
and Lori Lewis
Teammates Steve Erickson, Shereef Moharram, Allen Bifano and Doug Rossi
Scorecard for the winning golf team!
John Rydell is served tri-tip
Left side: Eric Burkhardt, Curtis Ridling, Will Beall; right side: Colleagues including Michael Gray, Monty Amyx and Jim Cote feast after
a day of play.
Ellen Goodstein and Naomi Dewey, left. Right, Tom Hinshaw
and Michael Gray
(Photos: M. Lyons)
Jennifer Hanrahan and Betty Jeppesen
November 2009
21
McIvers&Slater_7.5x4.5.ad:McIvers&Slater
7/8/09
2:47 PM
Page 2
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
Medical Malpractice
Insurance & Bad Faith
Employment & Wrongful Termination
Construction Contract & Defect
Personal Injury & Wrongful Death
(805) 897-3843
www.McIversandSlater.com
211 East Anapamu Street • Santa Barbara, CA 93101
Tax Audits
Tax Litigation
________________________________________________________________
Law Office of Gregory Arnold
________________________________________________________________
Counsel on 18 U.S. Tax Court Opinions
Ten Years in Private Practice
Former IRS Senior Trial Attorney
Former U.S. Tax Court Clerk
________________________________________________________________
510 Castillo Street, Suite 304
805-560-8200
[email protected]
Representative Cases:
www.ArnoldTax.com
22
New Lawyer of the Month
Meet Marianne
Stein
By Adam Carralejo
O
ur new lawyer for November is Marianne Stein.
Marianne first came to Santa Barbara as an
undergraduate at UC Santa Barbara. A Southern California native, she attended law school in San Diego
at California Western School of Law (CWSL) and practiced
as an associate in Los Angeles. Her memories of Santa Barbara drew her back to the area earlier this year.
“Where are you from/where did you grow up?”
Rancho Palos Verdes, in the south bay area outside of
Redondo Beach.
“What did you study at UCSB?”
I majored in Political Science.
“What inspired you to go to law school and
become a lawyer?”
In my last semester of college through the UCSB/Washington Center Program (UC/DC), I had the opportunity to
intern on Capitol Hill for my home town (Rancho Palos
Verdes) Congressional member Steven Kuykendall and
for Tom Campbell from the Silicon Valley. During a special lunch at the Capitol with Congressman Campbell, he
pulled out a pocketsize version of the Constitution that he
carried with him at all times that he would refer to when
we discussed cases or legislation. I was in awe of his passion and intellect, having been a graduate from Harvard
Law School. However, I admired him even more so for
the kindness and compassion he displayed to everyone he
met. He was my inspiration for going to law school. We
have stayed in touch through the years, and he remains a
mentor and friend to me today.
“Why did you choose to attend California
Western School of Law?”
I was debating applying for schools on the East Coast
because I had such a wonderful experience living and
working out there. However, I realized that if I was going
to be in the library all day, I’d prefer to be in one that was
November 2009
very close to the beach,
and CWSL met that criteria. CWSL also has a
reputation for teaching a
more practical approach
to law than a theoretical
approach. Moreover, I
wanted to take advantage
of its great clinical internship program. Getting the
opportunity to spend more
time with my relatives in
the San Diego area and being a huge football fan and
close to my favorite team,
the Chargers, pretty much
sealed the deal.
Marianne Stein
“What will you remember most from you time in
law school at CWSL?”
I most value my work with the Legal Aid Society of San
Diego. I volunteered in the Unlawful Detainer clinic at the
Hall of Justice and also interned with the organization during my time in law school. I remember during my walks
back to my studio after working in the clinic thinking, “I
hope I made that person’s life just a little brighter today by
listening to their concerns and helping them.” I was honored
with an outstanding service award for the work that I did
at Legal Aid, and I smile when I see it on my bookshelf.
“What unique experience or outlook did you
gain from your time in law school?”
Learning the law opened up my eyes to the world in a
different way than I had seen it before. The skills I acquired
during law school would allow me to “write my own ticket”
in life and the knowledge and discipline I gained through
that rigorous process empower me every day.
“What made you want to come back to Santa
Barbara?”
A couple factors contributed to my return to Santa
Barbara. I lost my father to metastatic brain cancer earlier
this year. I thought it would be therapeutic to come back
to the town I loved and “start a new chapter of my life.” I
also had a friend/mentor Gabriela Ferreira who stayed in
touch with me during my work in Los Angeles for Munger,
Tolles & Olson and Gibson, Dunn & Crutcher as a contract/
litigation project attorney. She knew I had aspirations to
return to Santa Barbara and was incredibly supportive and
always encouraged me to practice law in Santa Barbara. I
23
New Lawyer of the Month
was fortunate to have the opportunity to do some contract
legal work for Gabriela on some family law cases.
“How has your experience in Santa Barbara
been so far?”
Incredible, the community has embraced me. I’ve not
only worked with some fantastic attorneys, I’ve also made
some good friends.
“What areas of law are you interested in
practicing?”
As a new attorney I am open to different areas. I
was drawn to transactional law initially based on my
prior experience but I am open to litigation. I really enjoy the employment case I am currently working on.
“What is it about practicing law that you like?”
There is a fulfillment I get from truly helping people. I also
like the quick pace and exciting nature of the work involved.
“Please describe your family.”
I come from a very close-knit family. My older brother
works in the movie industry and lives with his wife and
their one-year old baby girl Charlotte in Brentwood. My
older sister is a corporate meeting planner for Mitsubishi
in Newport Beach. My mother used to teach special education and is now retired and does a lot of charity work
and volunteers at Torrance Memorial Hospital. My father
passed away at age 62 retiring as the Director of Port
Administration after 36 years of service at the Port of Los
Angeles. For my family, it is rare that a couple of weeks go
by without us having gotten together. My family means
the world to me.
“Please describe some of your interests or
hobbies.”
I like running on my treadmill, going to the beach, watching football and basketball games with friends, taking my
dog to the Douglas Preserve or on the Montecito trails,
going out with friends and attending concerts - soon at the
Santa Barbara Bowl because I live right across from it.
NOW IS THE TIME
TO SCHEDULE YOUR
PORTFOLIO REVIEW.
“What else are you passionate about outside of
the practice of law?”
Spending time with my family and friends.
When you stop to think about what’s happened in the past
year, it’s easy to realize how quickly things can change.
“What other activities are you involved with in
the community?”
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.
“What are some important principles or wisdom
by which you live your life?”
I belong to the Santa Barbara Barristers and am a member
of the Santa Barbara County Bar Association. I am looking
forward to getting involved with Santa Barbarar Women
Lawyers.
John Wooden said, “True success comes only to an individual by self-satisfaction in knowing that you gave everything to become the very best that you are capable of.”
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
www.edwardjones.com
“Where is your favorite city, country, or part of
the world?”
Member SIPC
Santa Barbara because the people are so friendly, the town
is beautiful and my spirit is happiest here — I wouldn’t
want to be anywhere else.
24
TERENCE J. MIX, Esq.
Mediation and Arbitration Services
v
v
v
v
v
v
v
Former President, Consumer Attorneys Association of Los Angeles
Former Board Member, Consumer Attorneys of California (12 years)
One of the Founders, Attorneys Special Arbitration Plan (Los
Angeles)
Former Member, State Bar Advisory Committee on Mandatory
Arbitration Rules
Former Member, Los Angeles Superior Court Arbitration
Administrative Committee
Former Superior Court Arbitrator (Los Angeles)
Former Superior Court Settlement Officer (Los Angeles)
Over 40 years of civil litigation experience, with special expertise in personal
injury, drug product liability, medical malpractice, legal and professional
liability, insurance bad faith, commercial and entertainment law litigation.
(805) 681-1401 Phone
P.O. Box 60908
(805) 681-1403 Fax
[email protected]

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       
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 • 
November 2009
25
Lunch with Presiding Judge
Judge Garcia
[PICTURE BEING
Come join us to hear Judge Garcia talk about the latest
OBTAINED BY BARRISTERS. happenings at the courts and anticipated changes due
TO COME AT PROOF 1
to the economic crisis.
EDIT STAGE.]
Wednesday, November 18, 2009
Honorable Judge, Arthur Garcia,
12:00 - 1:30 p.m.
Presiding Judge
Santa Barbara College of Law
REMINDER
2009-10 Santa Barbara
Attorney Directories
NOW AVAILABLE…
…For sale. If you have paid for the
directory or membership, your
directory is ready for pick up at:
Law Offices of Gabriela Ferreira
427 E. Carrillo St., First Floor
[email protected]
Phone: (805) 845-5058
Joinȱusȱasȱweȱcelebrateȱtheȱ
seasonȱwithȱ
friendsȱ&ȱcolleagues!ȱ
ȱ
RSVPȱdeadline:ȱTuesdayȱ
Decemberȱ1,ȱ2009ȱ
RSVPȱto:ȱ[email protected]ȱ
SBB Members/ $25
Non-SBB Members/ $30
RSVP deadline: Friday, November 13, 2009
RSVP to: P.O. Box 21323, SB 93101 or
SantaȱBarbaraȱBarristersȱinvitesȱnewȱadmitteesȱtoȱ
participateȱinȱtheȱDecemberȱ3,ȱ2009ȱSwearingȱInȱ
Ceremony.ȱAllȱareȱinvitedȱtoȱattend!ȱ
MuralȱRoomȱofȱtheȱCourthouseȱatȱ5:00ȱp.m.ȱ
No cost. Admittees RSVP with Gary Semerjian at [email protected]
by November 28, 2009.
Thursday,ȱDecemberȱ3,ȱ2009ȱfromȱ6Ȭ9ȱpmȱ
At the beautiful home of Brandi Redman
1021 Laguna St. #8…
Walking distance from the County Courthouse
SBB members / Only $30!
Non-members / Only $35!
Group Discount / 4 or more guests, Only $25 pp!
Wine, beer, soft-drinks! Appetizers!
26
Criminal Justice
How Much is
Too Much
Discrimination in
the Jury Pool?
By Robert Sanger O
n September 30, 2009, the United States Supreme
Court granted certiorari in a case to the Court of
Appeals for the Sixth Circuit which raised the
question of how the courts are to determine when there is
a statistical disparity in the composition of the jury pool. In
other words, how many people belonging to a distinctive
group must be systematically excluded from jury service
before the court will take action.
The grant of certiorari has nothing to do with the Court
somehow coddling criminals or playing favoritism to one
race or another. It is a fundamental right of every jury
eligible citizen to participate in the jury system, and it is
the right of criminal defendants to have a jury pool that
is fairly selected from a cross section of the community.
That is still the law of the land and is not being challenged
in this case.
What is at issue is the manner of determining whether
there is a sufficient statistical disparity to compel constitutional intervention. This is an issue which was, in 2004,
before the California Supreme Court in a case which we
litigated in Santa Barbara. Review was granted by the California Supreme Court but dismissed as moot when the Jury
Commissioner agreed to make changes to the system. A
split of authority remains, both within the California state
courts and among the federal circuits, as to which disparity
analysis should be used.
The Three Prong Duren Test
The United States Supreme Court in Duren v. Missouri,
439 U.S. 357 (1979), set forth a three prong test to be used
to establish a prima facie violation of the fair-cross-section
requirement: “. . . the defendant must show (1) that the
group alleged to be excluded is a ‘distinctive’ group in the
community; (2) that the representation of this group in
the venire from which juries are selected is not fair and
reasonable in relation to the number of such persons in the
community; and (3) that this under-representation is due to
systematic exclusion of the group in the jury-selection process.” The burden then shifts to the government to establish
November 2009
that the selection process
is constitutional.
The first prong is to
show a distinctive (sometimes called, protected)
group. Race is a distinctive
group as is age and gender.
Socioeconomic status may
or may not be. The case in
which the Supreme Court
granted certiorari, Berghuis
v. Smith, involves the systematic exclusion of Black
citizens from the venire
Robert Sanger
resulting in an all white
jury in a Michigan murder
trial. Blacks are a distinctive group and the first prong of
Duren is not in issue.
The third prong, momentarily skipping over the second
prong, requires showing that the under-representation is the
result of a systematic exclusion. There need not be a showing of deliberate racial animus, just that the exclusion results
from a systematic flaw in the jury recruitment process. In
the case we litigated here in Santa Barbara (entitled People
v. Ballesteros in the trial court and then Blair v. Superior Court
in the Court of Appeals and California Supreme Court),
the systematic issue involved “T-Codes” entered into the
computer which purged names from the combined DMV
and Voter Registration master lists. In the Berghuis v. Smith
case, the issue was a questionnaire which allowed jurors
to be excused if they claimed “child care, transportation
or work.” The Michigan Supreme Court did not squarely
address this prong, but the Court of Appeals for the Sixth
Circuit, found that such an option resulted in a systematic
exclusion of Black jurors.
The second prong of Duren, however, seems to be the
issue upon which certiorari was granted by the United
States Supreme Court. It is the issue that has been briefed
and which represents a split in the circuits. The second
prong asks whether, representation of a distinctive group is
“. . . fair and reasonable in relation to the number of such
persons in the community.” It is that which has prompted
a long debate, one which the Supreme Court may finally
decide this term.
The year before our Ballesteros/Blair case was pending
review, the California Supreme Court, in People v. Burgener
(2003) 29 Cal.4th 833, stated that the United States Supreme
Court has “not yet definitively spoken on either the means
by which disparity may be measured or the constitutional
limit of permissible disparity.” The Court in Burgener did
27
Criminal Justice
not undertake to resolve it either and we had hoped to do
so in Ballesteros/Blair. It appears that the U.S. Supremes will
now do so.
Absolute v. Comparative Disparity
The question is whether the second prong of Duren is
measured by a test of “absolute disparity,” “comparative
disparity” or otherwise. The absolute disparity test may
make sense in a population that contains a distinctive group
which approximates 50%. For instance, while there are
generally slightly fewer men in the general population than
women, it is close to 50-50. So a 10% absolute disparity in
women being called for jury duty would mean that there
would be 40% women compared to the total jury population but it would be a 20% disparity in the reduction of
the number of women as a group.
The flaw is that absolute disparity, particularly with a
fixed number like 10%, does not address discrimination
as to distinctive groups whose absolute number in the
population as a whole is relatively small. For instance, if
the distinct group represents less than 10% of the population, the most blatant discrimination would never result
in a remedy. Justice Kennard observed in a concurrence in
the Burgener case that, “Even a 5 percent absolute disparity
test would permit counties to adopt jury selection methods
that systematically excluded Blacks in many California
counties (including Riverside County), Asians in almost all
counties, and Native Americans in every county, because
these minorities comprise less than 5 percent of the county
population.”
The briefs before the United States Supreme Court in the
Berghuis v. Smith case acknowledge the same problem in
Michigan. Respondent, the Defendant below, argues that,
if the 10% absolute disparity test were adopted, defendants
in only five Michigan counties could challenge the exclusion
of Blacks, “while defendants in the remaining 78 counties
would be mathematically barred from complaining.”
The Remedies
There are two ways to deal with the inadequacy of the
absolute disparity analysis in satisfying the second prong
of Duren. One is to use a method of comparative disparity
which would analyze the reduction of the percentage of the
distinctive group itself. Smaller populations would be protected against systematic exclusion. In the Ballesteros/Blair
litigation, Judge Ochoa found that the Hispanic (the term
used by the U.S. Census) jury eligible population in Santa
Barbara County was 14.6% of the population but that only
8.8% ended upon the venire list. That means that there was
a 40% underrepresentation of Hispanics by group but that
40% reduction of the group only represented 6 percentage
points of the entire population. The comparative disparity
analysis allows significance of this underrepresentation to
be recognized.
The second remedy is to simply eliminate the second
prong of Duren. There is no logical requirement that the
systematic exclusion of a protected, distinct group from
jury service is only objectionable if certain numbers or
percentages are met. Under Batson, it is already a part of
our jurisprudence that the improper exclusion of even
one member of a protected group during voir dire requires
reversal. There is no reason why this same prophylactic
rule should not be imposed in the overall juror qualification process. In other words, the systematic exclusion of
any members of a distinctive group shifts the burden to
the government.
Conclusion
THE OTHER BAR
Free confidential assistance to those in the
legal community with substance abuse problems.
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.
Provider of Certified MCLE Instructors
MCLE courses available on our website
www.otherbar.org
The United States Supreme Court in Berghuis v. Smith
will have an opportunity to resolve this important issue
both for the federal and state courts. Absolute disparity is
illogical. It is an arbitrary number used for convenience in
cases involving larger distinctive groups. Where percentages
of distinctive groups in the population are small, it makes
no sense. Comparative disparity makes more sense and is
consistent with statistical analysis in science and economics.
But, the question remains, do we need it at all?
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.
Confidential Hotline:
(800) 222-0767
28
November 2009
29
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]
30
BENCH AND BAR CONFERENCE 2010 - SATURDAY, JANUARY 23, 2010 (Tentative Schedule)
Old Mission Santa Barbara
MORNING SESSION
Legend: AL: Assisi Lounge BR: Bonaventure Room FL: Fireside Lounge PR: Parish Room SL: Scotus Library
8:30 AM
SESSION A
8:45 AM – 9:35 AM
1 hr MCLE
Registration at Santa Barbara Old Mission Front Portico, with continental breakfast
“Substance Abuse”
“Foreclosures”
JUDGES’ FORUM
9:45 AM – 11:15 AM
1.5 hrs MCLE
(including 0.5 hour of legal
ethics)
11:15 AM – 11:30 AM
“Death of Civil Trials”
TECH FAIR and VENDOR EXHIBITS
11:30 AM – 1:00 PM
1 hr MCLE
LUNCHEON PANEL:
AFTERNOON SESSION
1:00 PM – 1:30 PM
SESSION B
1:30 PM – 2:20 PM
1 hr MCLE
2:30 PM – 3:30 PM
1 hr MCLE
TECH FAIR AND VENDOR EXHIBITS
“Elimination of Bias”
“Family Law”
“Bankruptcy”
Keynote: Barry Cappello “Reflection of a Trial Lawyer”
BUFFET AND WINE
3:40 PM
November 2009
31
Appellate Brief
Waiving Good-Bye
to Appealing
Excessive Damages
By Herb Fox
P
reserving potential errors during trial is a daunting
task for trial attorneys, requiring a working knowledge of rules of evidence and procedure as well as
the physical stamina to see, hear and immediately respond
to everything at once. If you briefly snooze and miss that
tricky and objectionable question, the answer comes in,
and your client may be out (see Evidence Code §353 for a
statutory version of the rule).
But happily, there are some errors automatically preserved for appellate review. The refusal to give a proper
jury instruction, orders sustaining demurrers or striking
a pleading, improper commenting on the evidence, and
many more “freebies” are preserved for review without
the need to state on the record, “Objection, your honor!”
(See Civ. Pro. §647 for a dizzying list of orders and rulings
preserved without objecting, including the verdict and the
final judgment.)
One would think, then, that if a verdict or judgment
awards excessive damages (i.e., beyond that supported by
the evidence), the issue would be preserved without stating
“I object!” But alas, tis not the rule, as the losing defendant
learned in a recent appeal in which the issue was deemed
waived for failure to first raise the issue in a Motion for
New Trial.
The appeal arose out of a claim against a title insurance
company for failing to discover that a written easement
had inadvertently not been recorded. Judge Charles S.
Crandall of the San Luis Obispo Superior Court, awarded
the plaintiff $342,000 for the failure to discover the error.
The carrier appealed, conceding liability but asserting that
the damage amount was not supported by the evidence.
Although the issue was raised by the carrier in its objections
to the proposed Statement of Decision, the carrier did not
file a Motion for New Trial.
In an unpublished opinion written by Justice Ken Yegan,
the Court of Appeal affirmed, finding that the appellant
waived its right to raise the issue of excessive damages.
Relying on a host of case law, the Court of Appeal found
that failure to move for a new trial “‘precludes a party from
32
complaining on appeal
that the damages awarded
were either excessive or
inadequate, whether the
case was tried by a jury
or a court without a jury.’
[Citation] While a party
may challenge legal errors
relating to damages, such
as incorrect jury instructions or the application of
an improper measure of
damages, where the ascertainment of the amount
Herb Fox
of damages requires resolution of conflicts in the
evidence or depends on
the credibility of witnesses, the award may not be challenged for inadequacy or excessiveness for the first time
on appeal.’”
The rule is the same, by the way, for preserving the issue
of inadequate damages (see Civ. Pro. 657).
The lesson, of course, is that snoozing can be as dangerous after judgment, as it is during trial!
The case is Sprague v. Chicago Title Co., Court of Appeal
Case No. B207130, decided on Sept. 17, 2009. The Appellant was represented by Jeffrey S. Nelson and Kathleen
J. Moorhead (in house counsel for Chicago Title) of Walnut Creek. The Respondent was represented by Appellate
Specialist Neil Tardiff and by Jesse Hill, both of San Luis
Obispo.
Herb Fox is a Certified Appellate Law Specialist with offices in
Santa Barbara and Century City.
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SBCBA News
Fassett, continued from page 12
Frantz, continued from page 8
alike joined other fellow members of the bar in camaraderie
for a barbecue at the Glenn Annie Frog Bar & Grill. Diners
were treated to expertly grilled tri-tip and chicken, and an
array of savory salads and sides, enjoyed while they listened
to the awards presentation. Afterward, Legal Aid Executive
Director, Ellen Goodstein, raffled off several prizes, which
included rich buttery cookies, a wine basket of vino and
goodies, one-of-a-kind jewelry, bottles of wine, and numerous other special items. Donors to the raffle included Lucas
& Llewelyn Winery, Westerly Vineyards, the Sojourner
Café, Cathy Black, and Sue Utten. All of the attendees gave
generously and the raffle generated funds for the benefit of
Legal Aid. Additionally, the Santa Barbara Women Lawyers
presented Legal Aid with an additional check for $2000.00
to fund their services.
See centerspread for highlights from this year’s exciting
tournaments.
was familiar with everything produced and used during
trail. Had I not done the grunt work during the discovery
process, I would not have been prepared for trial.
Beyond the lessons of discovery, I was extremely lucky
to work closely with Gary and Tim in preparation for and
during the trial. I learned more about litigation in those three
weeks than I had through 4 years of law school. The stakes
were high and the pressure was on. More importantly, I was
finally doing what I’ve wanted to do for years now.
Despite the pressure to get the job done and the long
hours involved, the transition to becoming an attorney has
been a great experience for me, and, not unlike the struggles
of law school and the trauma of the bar exam, this challenge has been made easier by the “professors” who have
helped me through.
Ms. Fassett is President of the Santa Barbara County Bar Association. She is a partner at Price, Postel & Parma LLP.
Mr. Frantz is an active new attorney and a member of the SBCBA
and Santa Barbara Barristers. We welcome his first article in this
publication and look forward to checking-in with him as he scales
new career heights.
“As managing partner I have been completely
satisfied with your service and response”
LEE GIBSON
MYERS, WIDDERS, GIBSON, JONES & SCHNEIDER, L.L.P.
Formerly “Complete Computer Services”
Pulse IT Services:
+ IT Outsourcing
+ LAN/WAN Engineering
THE HEARTBEAT OF YOUR NETWORK
+ Data Integration & Consultation
805.901.8511
Pulse Law IT Expertise:
Fax: 805.275.1992
Emergency Response Line: 805.901.8511 x300
+ TABS
+ Amicus
+ Abacus
+ Legal Solution
+ Jury Instruction
+ Word Perfect
Website:
thepulseit.com
Email:
[email protected]
Locations: 1932 Eastman Ave. #103, Ventura, CA 93003
624 Ricardo Ave. Santa Barbara, CA 93109
November 2009
33
$50 FOR 50 (YEARS) CHALLENGE
     S B C  
      L A F’ .
,
Thank you to our current 50 for 50 contributors.
Monty Amyx
The Hon. Thomas Anderle
Adrian S. Andrade
Marilyn D. Anticouni
Dallas Leigh Atkins
Soma Baldwin
James Ballantine
Charles S. Bargiel
William Beall
The Hon. Jed Beebe
Paul Bielaczyc
Robert L. Bletcher
Karen Peabody Boris
Eric Burkhardt
Benjamin Bycel
Michael A. Colton
Yvonne Cudney
Ernest William DeGasparis
John G. Derrick
Jeffrey Dinkin
Jennifer Drury
Teresa C. Eggemeyer
Jeralyn Cox Ehlers
Susan Epstein
Renee Fairbanks
Benjamin Feld
Russel Ghitterman
Allan S. Ghitterman
Steven Gilbar
Lynn E. Goebel
Ellen Goodstein
The Hon. William L.
Gordon
Brian G. Gough
Justin Nathaniel Greene
R. Thomas Grifth
Saji Dias Gunawardane
Sue Hawes
The. Hon. James Herman
Gary J. Hill
Juan J. Huerta
LEGAL AID FOUNDATION OF SANTA BARBARA COUNTY
Marjorie & Eugene Johnsen
Jody M. Kaufman
Marcus J. Kocmur
James and Celia Laichas
Alexander Lambrous
Douglas B. Large
Trevor D. Large
Tni M. LeBlanc
Diana Jessup Lee
Richard F. Lee
Ann K. Levine
Lori Lewis
Graham M. Lyons
Hon. Willard W. McEwen, Jr.
Kenneth L. Moes
Denise Motter
Lessie Nixon
Hon. James L. Pattillo, Ret.
Ronald K. Perry
Melissa M. Pritchett
Susanna Pullen
Mark Reusch
Glenn L. Robertson
Monica M. Robles
Philip Sinco
Tracy D. Splitgerber
Amy Steinfeld
Wendy Sue Stockton
Thomas F. Stone
Kathleen M. Stout
Timothy J. Trager
David C. Turpin
Daniel C. Wagner
Sue Ward
Jane L. Tanner
Wierda
Harvey R. Wolf
Mindy A. Wolfe
CHANGING LIVES ONE CLIENT AT A TIME
HOW LEGAL AID HELPS THE COMMUNITY
•DOMESTIC VIOLENCE:We help prevent serious injury, and
save lives.We empower victims to take control of their
lives.
• HOMELESSNESS PREVENTION: We assist tenants who live
in substandard housing or face eviction due to unlawful
discrimination or retaliation.
• ELDER LAW:We protect seniors from elder abuse, both
nancial and physical.
• GUARDIANSHIP:We help children to obtain a safe, stable
and secure family setting.
WHY WE NEED YOUR HELP
• POVERTY LEVEL: +Over 4.5 million Californians live below poverty level and more than 6.7 million qualify for
legal aid.
• DEMAND VS. SUPPLY: *There are more than 8,361 vulnerable Californians who qualify for legal aid for every ONE
legal aid lawyer. • AVAILABILITY OF SERVICES: In California we
are able to provide legal help for less than 1/3rd of the
legal needs of Californians who seek assistance.
• ECONOMIC IMPACT: Economic downturn hits the underserved much harder; now more than ever before our
services are in high demand.
*Sources:California Commission on Access to Justice and the State Bar of California’s Legal Services Trust Fund Program
+[US Census data]
*Action Plan for Justice, California Commission on Access to Justice, April 2007
Please tear form at the dotted line and mail to Legal Aid Foundation, Attn: 50 for 50 campaign, 301 E. Canon Perdido Street, Santa
Barbara, CA 93101. For more information, contact Niki Richardson at 805.963.6754 x109 | [email protected].
Name:___________________________________________________________________________________
Address:_________________________________________City:___________________ Zip:______________
Email:____________________________________________________ Phone:__________________________
$150
Other ______________
Amount:
$50
$100
MasterCard
Visa
Check (make payable to LEGAL AID FOUNDATION)
Card Number: __________________________________________ Exp: __________ CVV(3 digit code)_______
Signature:_________________________________________________________________________________
Legal Aid Foundation is a 501(c)(3) organization.Your donation is tax-deductible to the extent permitted by law. Tax ID 95-2112634
34
Legal News
Santa Barbara Women
Lawyers Foundation
Scholarships and
MCLE Luncheon
By Laura Dewey and Naomi Dewey
W
here can you go to have an uplifting experience with bright, young lawyers-to-be, hear
an exciting anti-bias MCLE presentation by
one of our newest judges, have a delicious lunch, and spend
time with five dozen of your colleagues? Where else but a
Santa Barbara Women Lawyers Foundation event?
On September 24, Judge Jean Dandona enlightened the
attendees of the SWBLF Scholarship luncheon with often
astonishing statistics about the small percentage of women
who have become bench officers, or who have even reached
the highest evaluation levels of the Judicial Nominations
and Evaluations Committee, also known as “JNE.” The
percentage of women at the partnership level in law firms
is still less than twenty percent, as is the percentage of
women who are law school deans. Founded 10 years ago as the fundraising arm of Santa
Barbara Women Lawyers, SBWLF has given numerous
scholarships to law school and other students. It has also
donated money to Legal Aid, Women’s Economic Ventures,
and other organizations that are aligned with, or support
the same goals as, SBWLF. The Foundation received an overwhelming number of
applications for scholarships this year, and it was clear in
reviewing applications that cuts in student lending and
financial aid have hit students from non-traditional backgrounds hardest. The successful scholarship recipients, all at different
stages in their legal education, included a single mother,
a woman who had fled Eastern Europe before the fall of
the Berlin Wall, and a researcher working on the impact
of domestic violence amongst the Armenian community
in America.
The recipients were Adam Carralejo, Lindsey Christiansen, Marieke Fitzpatrick, Lauren Hazarian, Katie Kirkmire, and J’Aimee Oxton. For more information about the
Foundation, visit www.sbwl.org.
Laura Dewey is a solo practitioner in Santa Barbara, and Naomi
Dewey (no relation) is an associate at Hardin & Coffin. Both serve
on the Boards of SBWLF and SBWL. Naomi is currently President
of SBWL, and Laura is a past President of SBWL.
SBWLF Board and Scholarship recipients
Judge Jean Dandona
November 2009
35
Santa Barbara Women Lawyers
Santa Barbara Women Lawyers
MCLE Luncheon
THREE HOUR MCLE PROGRAM
ELIMINATION OF BIAS AND
Date:
SUBSTANCE ABUSE CREDITS December 10, 2009
Time:
12:00 p.m.-1:30 p.m. Date:
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.
Time:
9 a.m. to noon
Place:
Department Five
Topic:
Speaker:
SHATTERING THE GLASS CEILING
Premiere results of SBWL Salary Survey
The real job market in the Tri-Counties
Catherine Swysen, Esq.
Location:
Santa Barbara College of Law
20 East Victoria St.
Speakers:
To Be Announced
Refreshments will be served
Menu:
Price:
Selection of sandwiches
SBCBA Members Non-Members Price:
SBWL members
Non-Members:
Saturday, November 14, 2009
$20
$25
$40
$45
Reservation Deadline:
November 9, 2009
(add $5 to reservations after deadline) Reservation Deadline:
December 7, 2009
(add $5 to reservations after deadline)
Name(s) __________________________________
Name(s) ______________________________________
Phone ____________________________________
Phone _______________________________________
# SBCBA Members Attending at $ _______
#SBWL Members attending at $20___ $25 ___
# Non-Members Attending at $ _______
#Non-members attending at $25___ $30___
Total Enclosed $ _______
Total Enclosed
$____________
Questions or late reservations?
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
Send Checks payable to SBWL to:
Brandi Redman
1021 Laguna St. #8,
36
Call Gabriela Ferreira (805) 845-5058
Email Gabriela at [email protected]
Send Checks payable to SBWL to:
Gabriela Ferreira
427 E. Carrillo Street
First Floor
SFSB_SBLaywers09ad•
Mike Siefe
died in 2005
This fall, he will
send a local student
to college
5/12/09
3:35 PM
Page 1
Mike Siefe had a passion for
providing opportunities for needy
high school students. When his
life was cut short by brain cancer,
an endowed scholarship fund was
established in his name. That
scholarship fund now helps send
students to college, every year in
perpetuity. Mike's passion lives
on through his planned gift to
the Scholarship Foundation of
Santa Barbara.
Classifieds
OFFICE SPACE AVAILABLE
Two offices in downtown (State Street) suite of law offices
close to courthouse and City Lot 6. Has reception area,
conference room/library, elevator, kitchen and secretarial
space. Can share receptionist, phone, fax, postage machine
and color scanner. Call Susan at (805) 962-0083.
OFFICE SPACE AVAILABLE
Executive corner office. Prime location on the corner of
Anapamu and Santa Barbara Street. Office has a nice view
overlooking the sunken gardens. $1300 per month. Contact
Rachel Schaff (805) 683-2736.
WHAT LEGACY WILL YOU LEAVE?
You or your clients can establish a scholarship fund now or
for the future. Contact Colette Hadley, Executive Director
at (805) 687-6065 or [email protected].
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.
Scholarship Foundation of Santa Barbara
www.sbscholarship.org
JACKMAN SADLER INCORPORATED
Litigation Associate
CONTRACT PARALEGAL SERVICES
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providing business, transactional and litigation
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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
November 2009
37
November 2009
Calendar
SUNDAY
MONDAY
TUESDAY
WEDNESDAY
1
2
3
4
8
9
10
11
THURSDAY
Family Law
Section Morning
Coffee
5
12
FRIDAY
SATURDAY
6
7
13
14
Santa
Barbara Lawyer
December
Submission
Deadline
SBCBA Annual
Dinner and
Awards
15
16
17
18
19
20
26
27
28
4
5
Santa Barbara
County Courts
Closed (Furlough
Day)
22
23
24
25
21
SBWL “Glass
Ceiling”
MCLE (See page 36)
Thanksgiving
Court Holiday
29
30
Dec. 1
2
3
SBB Swearing-In
Ceremony and 3rd
Annual Merry Mixer!
(See p. 26)
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 [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
965-3405
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
White, Zuckerman, Warsavsky,
Luna, Wolf & Hunt, LLP offers much
more than accounting expertise. Our
creative ideas and new strategies
give our clients a competitive edge.
In family law, you need professionals
who can analyze financial situations
and provide unimpeachable analysis
and expert testimony. With decades
of experience, we are highly qualified
in all areas including:
SB Lawyer Quarter Page v4.indd 1
5/7/2009 8:52:56 PM
Business & Professional Practice
Valuations
Certfied Public
ACCOUNTANTS
Cash Flow Available for Support
Expert Witnesses
High Earner Child Support Situations
Forensic Accountants
Lifestyle Expense Analysis
Business Appraiers
Community/Separate Property
Balance Sheets
Marital Dissolution
Tax Effects of Divorce & Tax Planning
Lost Earnings & Profits
Asset Tracing
Wrongful Termination
Reimbursement & Misappropriation
Analyses
Fraud Investigation
Call us today so you can focus on
what’s important – your clients.
To attend our Santa Barbara Family Law
Study Group, e-mail [email protected].
There is no charge for the dinner or program
and you will receive one hour of MCLE credit.
We recently opened our Santa Barbara office,
located at 831 State Street, Suite 291.
Our three California locations include:
Santa Barbara
805-648- 4088
Los Angeles
818-981-4226
E-mail: [email protected]
November 2009
39
Orange County
949-219-9816
www.wzwlw.com
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 $390,000,000
t3FQFBUIBQQZDMJFOUTHMPXJOHUFTUJNPOJBMT
t*OUFOTJWF.BSLFUJOH1MBOGPSFBDIMJTUJOH
t1SPGFTTJPOBMQIPUPHSBQIZBOEGVMMDPMPS
CSPDIVSFGPSFBDIMJTUJOH
t-JTUJOHTGFBUVSFEPOBUMFBTUEJČFSFOUXFC
TJUFTBEWFSUJTFESFHVMBSMZJOQVCMJDBUJPOT
BOEPO57
t8FFLMZCSPLFSTPQFOIPVTFTBOEQVCMJD
PQFOIPVTFT
t.FNCFS4BOUB#BSCBSB7FOUVSBBOE4BOUB
:OF[3FBM&TUBUF#PBSET
t#FBDIQSPQFSUZTQFDJBMJTUGSPN7FOUVSBUP
(PMFUB
t5PQ/FHPUJBUPSXJOXJOSFTVMUT
t4VQQPSUUFBNPGGPVSGPSTFWFOEBZBXFFL
DPWFSBHF
t&YQFSUXJUOFTTJO3FBM&TUBUFBOE%JWPSDF
.BUUFSTBOE&TUBUF1MBOOJOH
t-JDFOTFE"UUPSOFZ1SPGFTTPS3FBM&TUBUF
-BXT$PVSTFBU4#$$
t:PVDBOSFBDINFCZQIPOFGBYDFMMQIPOF
BOE&NBJMIPVSTBEBZ
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

Santa Barbara Lawyer - Santa Barbara County Bar Association

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