October 2010 - San Bernardino County Bar Association


October 2010 - San Bernardino County Bar Association

• B U L L E T I N •

of the San Bernardino County Bar Association

Vol. 38, No. 12 Our 135th Year October 2010

From the

President’s Desk


Thomas W. Dominick

Greetings from the President’s Desk!

It is with a heavy heart that I write my final article as

President of your Bar Association. It is hard to believe

that almost a year has passed since my installation and I

consider it a great honor and privilege to have served as your

President. John Lowenthal will succeed me as president and

I wish him great success during his term. I am not completely

gone yet! I shall remain on the Board for one year as past

president and will continue to provide assistance to John, the

Board and the Association during the next year.

A week ago, I attended the 83rd Annual Meeting of

the California State Bar in Monterey. The weather was

absolutely beautiful and I was proud to see so many

members of our Bar in attendance. On Friday evening, our

Association hosted a wine and cheese reception honoring

District 9 Bar leaders. It was great to see so many familiar

faces and meet some new ones. Past

Presidents Mike Scafiddi, Bryan

Hartnell, and Donnasue Ortiz were

in attendance, as was current District

9 Governor Lyman Wells from San

Diego County (pictured below),

and RCBA President-Elect Harlan

Kistler (pictured at right). In case

you are not aware, Mike Scafiddi

is running for District 9 Governor next year. Those who

attended the reception agreed that the prospects of forming

an alliance with District 9 counties which would give the

Inland Empire a voice at the State Bar level look very

promising. I pledge to continue to work with Bar leaders

from San Bernardino, Riverside and Imperial counties to

develop an acceptable rotation agreement. My thanks to

Claire Furness for

her assistance in

organizing and

helping my wife,

Deborah, put on

the reception, and

to Bill Nassar for

contributing some

great wines.

The San Bernardino County Bar Association

requests the pleasure of your company at the

Annual Installation and Awards Program

and Celebration of our 136 th Year

Thursday, October 14, 2010

National Orange Show Grounds

689 South “E” Street

San Bernardino, California

Wine & Food Under the Stars: 6:00 p.m.

Program at 7:15 p.m.

Master of Ceremonies:

Judge Wilfred J. Schneider, Jr.

Installation of Officers

Officiating: Judge John M. Pacheco

2010-2011 Officers:

President: John S. Lowenthal

President-Elect: Khymberli S. Apaloo

Vice President: Bradley R. White

Secretary-Treasurer: Jennifer M. Guenther

Immediate Past President: Thomas W. Dominick

2010-2011 Directors-at-Large:

Hon. Diane I. Anderson Kevin B. Bevins

Barbara A. Keough Jack B. Osborn

M. Wayne Tucker Sandy L. Turner

John R. Zitny

Award Presentations

The John B. Surr Award

to James R. Dunn

Presented by Judge Keith D. Davis

The Kearney-Nydam Award

to Michael A. Scafiddi

Presented by William D. Shapiro

(Continued on page 2)


. . . President’s Desk (from page 1)

There are a number of people that I

would like to thank for helping make

my year as President a success. First

and foremost, I would like to thank our

Executive Director, Claire Furness. The

Bar has experienced unprecedented

growth and financial stability under

Claire’s management. Her many years

of experience and the knowledge that

she brings to the Board have truly

made her the most valuable asset we

have at the Association. I also wish to

thank her staff members, bookkeeper

Marilyn Gianunzio; LRS Manager

Tina Harris; LRS Intake Christine

Warner; and Cameron Morissette who

assists with special projects. Many

thanks to our Board of Directors, John

Lowenthal, Khym Apaloo, Brad White,

Mike Scafiddi, Hon. Diane Anderson,

Kevin Bevins, Chris Gardner, Jennifer

Guenther, Barbara Keough, Matt

Marnell, Sandy Turner and John Zitny,

without whose tireless efforts I would

not have been able to accomplish the

goals I set for the year. Next, I would like

to thank my office staff, especially my

paralegal, Terri Nelson, who was tasked

with transcribing my “last-minute”

president’s messages and speeches,

and for coordinating my calendar to

ensure that I made it to all of the many

Bar functions scheduled throughout the

year. Lastly, I would like to thank my

beautiful wife, Deborah, for inspiring

me to get actively involved in the Bar

and encouraging me to move through

the chairs.

One of the things that I hoped to

accomplish this year was to increase Bar

membership. As the economic outlook

remained bleak, losing some members

was inevitable. However, we also

gained others and I am happy to say that

membership still stands at 950, the same

as it was when I took on the presidency.

I am also proud to announce that the

Bar has continued to remain financially

strong, with net income for the first ten

months of the fiscal year surpassing the

total net income for the entire previous

year. This was due, in large part, to

a revamping of the Lawyer Referral

Service operations.

During my installation speech, I

encouraged our members to take the

time to participate in Bar functions and

MCLE events. We have had some truly

wonderful events during the year, some

of which I would like to highlight. First,

we had top-notch Bench-Bar symposia

in the areas of probate, criminal law and

family law. Next, there were a number of

activities for Law Day and I am grateful

to Board member Chris Gardner of the

Public Defender’s Office for his efforts

spearheading them. In April, we again

partnered with the Fourth District Court

of Appeal in putting on the DCA Outreach

Plus Program at Aquinas High School. I

am thankful to Presiding Justice Manuel

Ramirez for including us in this event.

We plan to continue this partnership

with the Court again next year. In May,

we bestowed the Kaufman-Campbell

award upon Judges J. Michael Welch

and James C. McGuire. The event was a

huge success with the largest attendance

at a Bar function in recent memory.

When I was installed, I also spoke

about promoting the public good in

maintaining the dignity and honor of

the profession. I trust that through some

of my articles, you were inspired to

participate in community and charitable

causes during the year to help advance

the public’s perception of lawyers.

Lastly, one of my goals was to have

in place a concrete plan of action to

either expand our existing Bar facility

or move to another location closer to the

courthouse buildings. During the year,

members of our building committee

studied the feasibility of both alternatives

and determined that expansion of our

existing facility was not practical and

recommended a move to a new location.

While no firm timetable has been set, we

are considering leasing a facility which

will literally be “a stone’s throw” away

from the new courthouse, scheduled to

break ground next year. I am excited

about this prospect and will remain on

the building committee as we continue to

explore this transition to a new home.

Once again, thank you so much for

allowing me to serve as your President

this year. It has been an extremely

rewarding experience both personally

and professionally. I have truly enjoyed

the challenge and I pass along my

congratulations and best wishes to John

and the new slate of officers and board


Don’t forget to attend our annual

Installation of Officers and Awards

Banquet to be held in conjunction with

the Wine & Food Under the Stars event

at the National Orange Show on October

14. My heartfelt congratulations to Jim

Dunn and Mike Scafiddi who will receive

the John B. Surr Award and the Kearney/

Nydam Legal Aid Award, respectively.

Also, please plan to participate as either

a sponsor or player in our Annual

Bench-bar Golf Tournament to be held

October 22 at Shandin Hills Golf Club at

12:30 p.m.



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October 2010 “The oldest continuously active bar association in California” 3


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October 2010

Attorney Provides Overview of

Intellectual Property Law

By J’Amy Pacheco

Cellophane wasn’t always a generic word used to describe

thin plastic sheeting. But when its trademarked name

became so popular that it was used to describe the product

rather than the brand, the trademark became generic, attorney

Mark L. Sutton told SBCBA members during a September 16

luncheon meeting.

The trademark, “Xerox” nearly followed suit when people

began to use the word as a verb, he added.

“Xerox almost lost their trademark years ago,” he stated.

“…They had to do a lot of advertising to retain their


Sutton, who practices in Los Angeles, has 25 years

experience in intellectual property

litigation and transactions. He is of

counsel to Poole & Shaffery, and

serves as a consultant in the area

of intellectual property law to law


In his overview of intellectual

property rights, Sutton explained

that there are six areas of intellectual

property: utility patents, design

patents, trademarks, copyrights, trade

secrets and rights of publicity.

A utility patent is intended to protect

a machine, process, composition of

matter or a manufacture. The statutory

requirement for a utility patent is that

it be “new and useful,” he explained.

He cited as an example a device that

dispenses medical tablets. The patent,

which is currently being litigated,

includes not only technical drawings

of the device, but a list of claims that

define the scope of the invention.

The rights for a utility patent,

Mark Sutton

which are governed by federal law,

begin upon issuance of the patent by the government.

A design patent protects the ornamental features of an

item. To qualify, it must be new, original, ornamental and

non-functional, he said. An example of a design patent is a

camera. There may be other patents related to the camera, but

the ornamental features that make the camera unique may be


The design patent will include drawings that show “virtually

every angle” of the object, he said, adding that the scope of

protection is “very narrow.”

Design patents are governed by federal law, and begin upon

issuance of the patent.

Trademarks protect product design, words, or logos.

Examples cited include the unique bottle used by Coca-Cola;

the words “Coca-Cola,” and the Nike checkmark.


A trademark doesn’t have to identify the source, he

explained. For example, the Nike checkmark, which contains

no wording, is anonymous but still indicates there is one single

source for that product.

Sutton described as “remarkable” the list of things that

can be trademarked. He cited case law from Two Pesos,

Inc. v. Taco Cabana, Inc., in which one restaurant accused

another of copying its décor, and Surfvivor Media, Inc. v.

Survivor Productions, in which a company that manufactured

beach-themed products under its trademarked name sued when

similar products were released under the name associated with

a popular reality show.

Trademarks, which begin upon bona fide use, are identified

by five categories, rated from strongest to weakest. They are

fanciful, arbitrary, suggestive, descriptive and generic. A

generic can’t be a trademark, he added. They are governed by

both state and federal law.

Copyrights apply to original works of a literary, musical,

pictorial, sculptural, audiovisual or architectural nature that

is “fixed in any tangible medium of

expression,” he explained. This can

include books, sculptures, songs and

paintings. Ideas themselves can’t be


Sutton said it is interesting to note

that the copyrighted lyrics to the song,

“Happy Birthday,” bring in about $2

million annually while the copyright to

the song itself has expired.

Copyright protection begins upon

creation, he said, and is governed by

federal law.

Trade secrets protect confidential

information with economic value,

such as formulas and recipes or

compilations. Examples cited are some

computer programs, and the formula

for Coca-Cola, which he said “has been

kept secret for a very long time, and very


Trade secret protection begins upon

confidential creation and achieving

economic value since not available to

third parties.

Right of publicity protects in two categories - celebrities

who are alive, and celebrities who are dead. It covers likeness,

such as photographs; name, including signature, and voice.

In California, protection begins upon birth. Some states,

including New York, do not have post mortem rights.

He related the story of a man whose picture was used on

Taster’s Choice Coffee labels for years without his knowledge.

When another man recognized him in a store, the man in the

picture sued, but faced statutes of limitations issues.

The case is Christoff v. Nestle USA, Inc.

J’Amy Pacheco is a free-lance journalist and former editor of the

San Bernardino Bulletin, published by Metropolitan News Company.

She may be reached at jamy.pacheco@verizon.net


6 San Bernardino County Bar Association October 2010

Real Estate Nuggets &


by Laurel Starks

The Saga Continues...

The media headlines are enough to

give anyone a headache. Banks are

halting foreclosures in 23 states because

of potential negligence, fraud and forgery

- by their own employees. Federal

investigations are commencing into the

banks’ foreclosure procedures, and now

title companies are refusing to underwrite

title insurance to some bank-owned

properties because title could have

been illegally conveyed if foreclosure

procedures were improperly followed.


It all started with GMAC. According to

DS News, DBRS (a credit rating agency)

released this on Monday: “Apparently,

in an effort to keep up with the ever

increasing volume of foreclosures,

many servicers are now realizing they

violated the foreclosure commencement

requirements of judicial jurisdictions

which necessitate that: 1.) anyone who

signs an affidavit must have verified all

of the information contained within the

document to ensure its accuracy and;

2.) all affidavits must be executed in the

presence of a notary.”

Now before we get all up in arms, let

it be known that this pertains to judicial

foreclosures. Twenty-three states are

halting foreclosures and were named in

this investigation and California isn’t one

of them. We’ve got our own problems.

Some bank employees admitted to

signing up to 10,000 foreclosure orders

per month without reading them. The

sheer volume and chaos within the banks

have made it difficult to dot every ‘i’ and

cross every ‘t’ - or keep straight all of the

nuances involved with locking people out

of their homes. Details, details...

The list of banks with foreclosure bans

has grown to include GMAC, JP Morgan

Chase, and Bank of America (at the time

of the printing of this article), with several

other institutions’ practices in question.

On October 1, 2010, California

Attorney General Jerry Brown demanded

that JP Morgan Chase prove that it is

complying with state law in following

proper non-judicial procedures, filing the

proper notices and contacting borrowers

who are delinquent pursuant to state law.

If the institution cannot in fact prove

they are compliant, the Attorney General

has demanded they halt foreclosures in


According to California Association of

Realtors’ Legal Department, “California

law prohibits lenders from recording

notices of default on mortgages made

between January 1, 2003 and December

31, 2007, unless, subject to limited

exceptions, the lender contacts or tries

diligently to contact the borrower

to determine eligibility for a loan

modification. A notice of default must

include a declaration of compliance with

California Law.”

C.A.R. further states that “JP Morgan

Chase, the nations’ third largest loan

servicer, has admitted that employees

signed affidavits in 56,000 foreclosure

cases nationwide without first personally

reviewing the contents of the borrowers’

loan files. As a result, those borrowers

lost their homes based on affidavits the

bank never confirmed were accurate.

This practice strongly suggests that

any purported verification by JP Morgan

Chase that it complied with California

law before beginning foreclosures here in

also questionable. “

The Attorney General made similar

demands of GMAC on September 24,


This has launched a federal

investigation, according to DS News:

“On October 5, 2011, House Speaker

Nancy Pelosi and fellow members of

the California Democratic Congressional

Delegation are petitioning federal

regulators and the U.S. Department of

Justice to launch a formal investigation

into servicers’ foreclosure practices.”

They have also called out to Attorney

General Eric Holder, Fed Chairman Ben

Bernanke, and Comptroller John Dugan,

demanding a federal probe to determine

if financial institutions have violated laws

or regulations.

According to Delegation members,

servicers and lenders are “routinely

failing to respond in a timely manner,

misplacing requested documents, and

misleading both borrowers and the

government about loan modifications,

forbearances, and other housing related

applications.” Delegation Chair Rep. Zoe

Lofgren states, “It’s clear that even after

promising to work with borrowers, and

receiving government incentives to do so,

financial institutions are simply stringing

the American people along. The excuses

we have heard from financial institutions

are simply not credible three years into

this crisis. It is time that banks are held

accountable for their practices that have

left too many homeowners without real


October 2010

“The oldest continuously active bar association in California”


The ripple effect is almost unconscionable.

Old Republic National Title Insurance issued

a statement October 5, 2010, that they will

no longer insure titles to homes foreclosed

by JP Morgan Chase and GMAC. Without

title insurance, mortgages will almost cease.

According to Joy Leopold with DSNews, “If

it is shown that the servicers did not follow

the law in preparing foreclosure documents,

problems could arise from evicted

homeowners claiming they still own their

home even after someone else has bought

the home.”

For those of us on the front lines of this

business, this does not really come as a

surprise. Shock and awe - yes. But we see

the negligence by the banks on a daily basis

and dealing with it has become our modus


As I write this article, I have an escrow

with funds sitting in it from a buyer’s loan. It

is a short sale. Escrow was supposed to close

two days ago. The short lender’s approval

expired as buyer’s funds were being wired,

and we need an extension in order to record.

The bank tells us that the PMI (mortgage

insurance) approval also expired, so they had

to get special permission from them before

giving us our piece of paper.

In checking messages this morning, the

negotiator called and was “pleased to inform

us” that the approval was on its way. She

faxed it. What we got was a short sale denial

letter, indicating they could not approve

the short sale based on the buyer’s offer

amount. What We have approval - we just

need an extension of the expiration date.

We contacted the bank and were told, “Oh,

sorry. We sent you the wrong form letter.

We’ll resend it, but the person assigned to

send those has left for the day.”

The buyer’s rate lock expires today and

money has to be sent back to the bank, loan

docs have to be redrawn, and the orchestra

has to begin all over again.

It will be interesting to see how this

unfolds. In the meantime, we just keep

plugging away - attempting to reason with


Laurel Starks is a Divorce Real Estate

Specialist, a 730 expert, MCLE lecturer,

real estate instructor and the co-host of

“Real Estate Matters” radio program on

KTIE 590AM. Ms. Starks is not an attorney

and the information herein should not

be construed as legal advice. Comments

are welcome: Laurel@LaurelStarks.com

8 San Bernardino County Bar Association October 2010

October 2010


Legal Services Corporation Seeking Applications for President

The Board of Directors of the Legal Services Corporation

invites nominations and applications for the position of


Located in Washington, D.C., the Legal Services Corporation

(LSC) is the single largest provider of legal aid to the poor in

the nation. Established in 1974, LSC operates as an independent

501(c)3 nonprofit corporation that promotes equal access to

justice and provides grants for high quality civil legal assistance

to low-income Americans. With an annual appropriation of

approximately $420 million, LSC currently funds 136 legal

aid programs in all 50 states as well as in Puerto Rico, Guam,

Micronesia and the Virgin Islands. The bipartisan Board of

Directors of LSC is composed of 11 voting members who are

appointed by the President of the United States with the advice

and consent of the U.S. Senate.

As Chief Executive Officer of the Corporation, the President

is responsible for providing the leadership and vision to

implement the mission of LSC in promoting equal access to

justice and providing high- quality legal assistance to those

who would be otherwise unable to afford adequate legal

counsel. This individual must also be able to manage the dayto-day

operations of LSC, a complex organization with more

than 100 employees, and its relationship with grantees around

the nation. The position of President requires a demonstrated

understanding of and dedication to the dignity and concerns

of indigent persons and an appreciation for their legal needs.

This individual must be able to represent the organization in its

relationships with Congress, the Executive Branch of the Federal

Government and other relevant groups and organizations. The

LSC President approves all grants made by the Corporation and

ensures effective oversight of grants. As principal spokesperson

for LSC, this individual must be an excellent communicator

able to ensure the trust and confidence of the public, the legal

services community and the LSC staff.

The LSC President must be an attorney and member of the

bar of the highest court of a state. For additional information,

visit LSC’s website at www.lsc.gov.

Screening of applicants will begin immediately and will

continue until the time of selection. For serious consideration,

applications should be received by October 15, 2010. Ellen

Brown, Dale Jones and Tracie Davis of Heidrick & Struggles,

Inc. will assist LSC in this search. If reasonable accommodation

in the application process is needed, please notify Heidrick &

Struggles at the below address. Nominations, applications and

other inquiries should be directed to:

Legal Services Corporation Presidential Search

Heidrick & Struggles, Inc.

303 Peachtree Street, Suite 4300

Atlanta, GA 30308

Phone: 404-682-7400

Fax: 404-577-4048

Email: lsc@heidrick.com

Legal Services Corporation is an Equal Opportunity



10 San Bernardino County Bar Association October 2010

Judicial Council Request For Interest:

Civil Representation Services

The California Judicial Council

Administrative Office of the Courts is

soliciting Letters of Interest from qualified

legal services organizations for funding

to provide legal representation in civil

cases to qualified low income persons

under the Sargent Shriver Civil Counsel

Act. The deadline to submit the letter of

interest is November 5. Information can

be found at the following website:



The Sargent Shriver Civil Counsel Act

The Sargent Shriver Civil Counsel Act

(AB 590 (Feuer), Stats. 2009 Ch. 457)

provides that commencing in fiscal year

2011–2012, one or more pilot projects

selected by the Judicial Council will be

funded to provide legal representation

to low-income parties on critical legal

issues affecting basic human needs. The

pilot projects will be operated by legal

services nonprofit corporations working

in collaboration with their local superior


The purpose of the pilot projects is to

improve timely and effective access to

justice in civil cases and thereby avoid

undue risk of erroneous court decisions

resulting from the nature and complexity

of the law in the specific proceeding or

the disparities between parties in legal

representation, education, sophistication,

language proficiency, and access to

self-help or alternative dispute resolution


Selected legal services agencies will

provide representation to low-income

Californians who are at or below 200

percent of the federal poverty level and

need representation in one or more of the

following areas:

• Housing-related matters;

• Domestic violence and civil harassment

restraining orders;

• Elder abuse;

• Guardianship of the person;

• Probate conservatorship; or

• Child custody actions by a parent

seeking sole legal or physical custody of

a child, particularly where the opposing

side is represented.

Among the highest priorities will be

pilot projects that provide representation

in child custody cases. Up to 20% of

available funding shall be allocated for

pilot projects that provide representation

in child custody cases.

Each pilot project must be a partnership

between the court, a legal services agency

that shall serve as the lead agency for case

assessment and direction and other legal

services providers in the community.

To the extent practical, legal services

agencies must make use of pro bono

services from attorneys.

Selected court partners will be

required to implement improved court

procedures, training, case management

and administration methods, and best

practices to ensure that unrepresented

parties in the proposed case types have

meaningful access to justice, to guard

against the involuntary waiver or other

loss of rights in the selected legal areas

or the disposition of cases by default

or without appropriate information and

regard for potential claims and defenses,

and to encourage fair and expeditious

voluntary dispute resolution, consistent

with principles of judicial neutrality.

Selection Requirements and Process

Pilot projects must be a partnership of

a lead legal services nonprofit corporation

which meets the requirements of Bus. &

Prof. Code, § 6213(a), the superior court,

and other legal services providers in

the community. Each pilot project will

be required to form a local advisory

committee to include representatives

from the bench and court administration,

the lead legal services agency and the

other agencies that are part of the pilot

project. These entities will submit a joint

application through a competitive request

for proposals (RFP) process administered

by the Judicial Council. It is anticipated

that the RFP will be released in December


Project Roles and Responsibilities

The lead legal services agencies will

provide case assessment and direction,

including providing representation

to eligible individuals or contracting

with other legal services providers in

the community to provide services to

individuals. In so doing, the lead agency

must make use of available pro bono

services to the extent it is practical. The

lead legal services agency also will be

the central point of contact for referrals

emanating from the court and other

agencies providing services through the

pilot and will make determinations of an

individual’s eligibility for services based

on uniform criteria. When both parties

to a dispute are financially eligible for

services, the lead agency must evaluate

representation for both parties and

have referral protocols in place to

other agencies or private attorneys for


Judicial Council Committee

The Chief Justice has appointed

an Implementation Committee with

representation from key stakeholder

groups, including judicial officers and

legal services providers. This committee

will make recommendations on which

projects should be funded to the Judicial


Selection Criteria

The committee will select projects to

recommend to the Judicial Council based

on whether the persons to be assisted

are likely to be opposed by a party who

is represented by counsel. Additional

factors to be considered include:

• The likelihood that representation will

tend to affect whether a party prevails or

otherwise obtains a significantly more

favorable outcome in a matter in which

that party might otherwise have judgment

entered against them or be deprived of the

basic human need at issue;

• The likelihood of reducing the risk of

erroneous court decisions;

• The nature and severity of potential

consequences for the unrepresented party

if representation is not provided;

• The possibility that providing legal

services might help reduce social service


• The unmet need for legal services in

the geographic area to be served; and

• The availability and effectiveness

of other types of court services, such as


The committee will assess the

applicants’ capacity for success,

innovation and efficiency, including,

but not limited to, the likelihood that

the project would deliver quality

representation in an effective manner

that would meet critical needs in the

community and address the needs of the

court with regard to access to justice and

calendar management. The committee

will also assess whether the legal services

organizations and the courts have the

technological capability to provide data

for the evaluation that is required by AB


Timeline and Funding

Pilot projects will start in fiscal year

2011–2012 and be initially authorized

for a three-year period, subject to

renewal by the Judicial Council. New

projects may subsequently be added

by competitive grants if funds become

October 2010

“The oldest continuously active bar association in California”


available as the result of the termination or nonrenewal

of an earlier project. All pilots and funding will terminate

after six years (in 2017) unless the Legislature extends the

statutory authority for the pilot projects. Total available

funding for all projects is expected to be approximately

$10 - 11 million per year, funded by a $10 fee increase on

certain post-judgment court services.

Records, Evaluation, and Local Oversight

AB 590 requires an evaluation of the pilot projects and

a report to the Legislature in 2016. The Judicial Council

has entered into a contract for the evaluation design. Each

pilot project will be responsible for: keeping appropriate

records on the referrals accepted and not accepted, tracking

case information for each client represented and referred,

collecting information on the effect of the representation

on the clients, collecting data about the outcomes

associated with the provision of legal services and court

services, and providing other data and information for the

evaluation as requested by the Judicial Council.

Role of the Letter of Interest

In recognition of the fact that this is a new program and

that proposals will take a significant amount of thought

and collaboration, the implementation committee is

requesting a letter of interest from those programs that

are considering requesting funds. Based on those letters

of interest, the Committee will design an appropriate

evaluation method of the project and will provide

additional guidance for applicants when it issues the

Request for Proposal (RFP).

If an agency does not submit a letter of interest it WILL

NOT be eligible to submit a response to the RFP that will

be circulated later this fall.

However, proposals, partners and projected budgets

may be changed in response to the RFP.

Anticipated Key Dates

September 23, 2010 - Letters of Interest solicitation


October 19, 2010 - Bidders Conference – by

conference call 12 noon – 1:30 pm (optional)

November 5, 2010 - Letters of Interest due

December 1, 2010 - Request for Proposals posted

January 21, 2011 - Proposals due

April 2011 - Judicial Council selects pilot projects,

courts and legal aid agencies notified of selection

May 1¯September, 2011 - Pilot projects start up

October 1, 2011 - Pilot projects begin providing

services (contingent on state budget)

We gratefully acknowledge the

sponsors of our 2010-11

Installation & Awards Dinner

Fullerton, Lemann, Schaefer &


Gresham, Savage, Nolan & Tilden

Haslam & Perri

Lewis, Brisbois, Bisgaard & Smith

Law Ofice of Michael A. Scaiddi

Law Ofices of William D. Shapiro

The National Orange Show

The following documents can be found be found at this




Letter of Interest Requirements

Attachment A – Proposed Budget Form

Attachment B – Questionnaire Regarding Capabilities of

Pilot Projects’ Data Collection Systems

12 San Bernardino County Bar Association October 2010


Notice From The Clerk - Changes to the Local Rules

The Court has adopted the following new and revised Local

Rules 83-17 et seq., Special Requirements for Habeas

Corpus Petitions Involving the Death Penalty:

L.R. 83-17.2 Timely Notice of Execution Dates From California

Attorney General.

Whenever an execution date is set for a petitioner who was

convicted and sentenced in a county within the jurisdiction of the

Central District of California, the California Attorney General

must send notice to the Clerk of Court and any other recipients

designated by the Clerk of Court, within seven (7) days.

L.R. 83-17.4 Appointment of Counsel.

(a) Initial Appointment of Counsel - Upon receipt of the habeas

corpus petition or the initial request for appointment of counsel,

unless the petition is patently frivolous, or the request for

appointment of counsel is clearly premature, the Federal Public

Defender’s Office (“FPDO”) will be appointed. If the FPDO

has already been assigned the maximum number of cases, as

determined by the Defender Services Committee of the United

States Judicial Conference, and the FPDO has not agreed to an

excess appointment, or otherwise has a conflict or cannot accept

the appointment, lead and second counsel must be selected and

appointed from a panel of attorneys, qualified for appointment

in capital habeas corpus cases. In exceptional circumstances,

the Court may appoint an attorney who is not a member of the


(b) Subsequent Appointment of Second Counsel - If second

counsel is not

appointed at the time lead counsel is appointed, and lead counsel

recommends that second counsel be appointed, lead counsel

must apply to the assigned judge for appointment of a second


(c) Substitution of First or Second Counsel - If the assigned

judge, in his or her discretion, determines that the substitution of

counsel is necessary, section (a) applies.

L.R. 83-17.6 Stays of Execution.

(a) Stay Pending Final Disposition - Upon the filing of a habeas

corpus petition, unless the petition is patently frivolous or clearly

premature, the Court may issue a stay of execution pending final

disposition of the petition in the district court.

(b) Stay for the Request for Appointment of Counsel - Upon the

filing of a request for appointment of counsel, unless the request

is patently frivolous or clearly premature, the Court must issue

a temporary stay of execution. The stay must terminate not

later than 90 days after counsel is appointed or the request for

appointment of counsel is withdrawn or denied.

(c) Stay Pending Appeal - If the petition is denied and a

certificate of appealability is issued, the Court may grant a stay

of execution which will continue in effect until the Court of

Appeals acts upon the appeal or the order of stay.

(d) Notice of Stay - Upon the granting of any stay of execution,

the Clerk of the Court must immediately notify the Custodian of

the prisoner and the California Attorney General. The California

Attorney General must assure that the Clerk of the Court has a

twenty-four (24) hour telephone number to the Custodian.

L.R. 83-17.7(c) Procedures for Considering the Petition.

(c)(i) In the interest of expediting habeas death penalty cases,

it is the policy of the Court to entertain unexhausted claims if

the respondent expressly waives the exhaustion issue. However,

if the respondent declines to waive the exhaustion issue with

respect to any or all claims in the petition, prior to filing a

motion, counsel for respondent must make a good faith effort to

confer with counsel for petitioner regarding the exhausted status

of each such claim. Unless relieved by written order of the Court

upon good cause shown, counsel for petitioner must confer with

counsel for respondent within seven (7) days after service of a

letter requesting such conference. The respondent’s letter must

identify each claim that respondent contends is unexhausted,

specify the basis for asserting that the claim is unexhausted,

and provide any legal authority that respondent contends is

dispositive of the exhausted status of that claim.

(c)(ii) If, after the meeting, the parties continue to dispute the

exhausted status of one or more claims, the respondent must file

an appropriate motion no later than twenty-eight (28) days after

service of the petition. In connection with any motion relating

to exhaustion disputes, the parties must file a joint statement

indicating (1) which claims the parties agree have been fairly

presented to the state supreme court, (2) which claims the parties

agree have not been fairly presented to the state supreme court,

and (3) on which claims the parties disagree whether the claim

has been fairly presented to the state supreme court. For each

claim whose exhaustion status is in dispute, the petitioner must

cite the specific pages of the state court record that petitioner

contends fairly presented the claim to the state supreme court.

L.R. 83-17.7(d) Procedures for Considering the Petition.

(d) If respondent does not intend to challenge the exhausted

status of any claim in the petition, or is willing to expressly

waive exhaustion as to all such claims, respondent must file an

answer within twenty-eight (28) days from the date of service of

the petition. Respondent must include in the answer the matters

defined in Rule 5 of the Rules Governing § 2254 Cases and

must attach any other relevant documents not already lodged or

filed. An answer that exceeds ten (10) pages in length, excluding

exhibits, must be accompanied by an indexed table of contents

setting forth the headings or subheadings contained in the body


L.R. 83-17.7(e) Procedures for Considering the Petition.

(e) Unless otherwise ordered by the Court, within twenty-eight

(28) days after respondent has filed the answer, petitioner may

file a reply to the respondent’s answer.

L.R. 83-17.7(g) Procedures for Considering the Petition.

(g) Any request for an evidentiary hearing by either party must be

made within twenty-eight (28) days from the filing of the reply

to the respondent’s answer, or within twenty-eight (28) days

from the expiration of the time for filing the reply. The request

must include a specification of the factual issues and the legal

reasoning that require a hearing and a summary of the evidence

of each claim the movant proposes to offer at the hearing. Any

October 2010



opposition must be filed within twenty-one (21) days after

the request for an evidentiary hearing was filed. A reply

to the opposition must be filed within fourteen (14) days

after the opposition was filed.

L.R. 83-17.8 Evidentiary Hearing Transcript.

If an evidentiary hearing is held, the proceedings must

be recorded and a transcript of the proceedings must be

prepared. The parties must agree to an equitable division

of the cost and which party will order the transcript. In the

absence of agreement, the parties may apply to the Court

for an order allocating the cost.

L.R. 83-17.9 Budgeting Capital Habeas Cases. [NEW]

(a) Budgeting Required - In all cases where attorneys’

fees and investigative and expert fees and expenses are

reimbursed pursuant to 18 U.S.C. § 3599, petitioner’s

counsel is required to prepare and submit to the Court

a budget for each phase of the proceedings. The Court

may schedule one or more ex parte conferences with

petitioner’s counsel to implement the budgeting process.

(b) Filing of Budget Related Documents - Once

the Court orders that a proper showing of the need for

confidentiality of budget related documents has been

made, the petitioner may file future budget related

documents under seal without further approval by the

Court. The title page for budget related documents, filed

after the Court has so ordered, must contain the following

language: “To Be Filed Under Seal Pursuant to Local

Rule 79-5.1.”

L.R. 83-17.10 Rulings. [RENUMBERED] The Clerk

of Court must immediately notify the Custodian of the

prisoner and the California Attorney General whenever

relief is granted on a petition.

The Clerk of the Court must immediately notify the Clerk

of the United States Court of Appeals for the Ninth Circuit

by telephone of:

(a) the issuance of a final order denying or dismissing a

petition without a certificate of appealability, or

(b) the denial of a stay of execution.

When a notice of appeal is filed, and if the certificate of

appealability was denied in full, the Clerk of the Court

must immediately transmit the record to the Court of

Appeals. In all other instances the record must only be

transmitted upon a request from the Court of Appeals.

After the issuance of the mandate of a reviewing court

that results in the denial with prejudice of all habeas relief,

and if the Court so orders, the respondent must lodge a

complete copy of the state court record and all other items

identified in L.R. 83-17.7 by the date set by the Court.

The above-mentioned new and revised Local Rules are

effective November 1, 2010, and shall govern in all

proceedings in cases thereafter commenced and, insofar

as just and practicable, all proceedings then pending.



Superior Court of California, County of San Bernardino

Court Implements Ez Legal

A Web-based Small Claims

Electronic Document Filing Program

The Superior Court of California, County of San Bernardino

is pleased to announce that customers who file or respond to

Small Claims matters in San Bernardino County will now

have the ability to file their documents online. This process is

customized with EZ Legal.

EZ Legal is an easy, step by step, process which guides users

through the Small Claims process from inception to timely end

with the court.

EZ Legal guides users through a customized interview and

then prepares the exact court documents that are needed. Forms

are then sent to the court electronically. After the court accepts

the forms, customers will be notified about their appearance

date and time.

EZ Legal users pay the normal filing fee, along with a

convenience fee of $5 charged by Visa® or MasterCard®.

The Superior Court offers its customers the ability file

paperwork from the comfort of their home, office, or anywhere

they have access to the internet. This new service will also help

alleviate the wait time.

EZ Legal can be accessed on the court website at http://

www.sb-court.org, under the Heading: Quick Links.

For additional information, contact Becky Streich at 909-


The San Bernardino County Bar

Association Fee Arbitration Program

needs your help!

We have a need for additional fee

arbitrators practicing in the following

fields of law:

Loan Modifications

Family Law

Criminal Law

Employment Law

Please call Claire at (909)885-1986 or

send an email to Claire@sbcba.org.

14 San Bernardino County Bar Association October 2010


GARRY GROTEWOLD PI Licensed PI (Lic. No. 25957) & Reg’d

Process Server (Lic. No. 1126) Crim. Def. Investigations, Civil Lit.

Cases, Witness Locates, Interviews & Statements, Workplace/EEO

Investigations, Skip Tracing, Prof’l Service of Process – Done right

the first time! 35 years experience – Retired Criminal Investigator (US

Dept of Justice) Providing prof. assistance to attorneys, assisting with

complex cases & logistics. (909) 979-7305 direct 909/570-9191 fax

website: www.GrotewoldPI.com

RODRIGO LAW FIRM practice areas include, Bankruptcy (ch. 7 &

13), criminal and family law. Available for special appearances at

competitive rates. Contact Aruna Rodrigo at 909/456-8833. aprodr


CONFERENCE ROOMS FOR RENT - $100-$200 per day in Redlands.

Meetings, Depos, Interviews, Conf. center. Beautiful, themed, spacious

conf. rooms for 4-25 people. Receptionist, luxurious waiting area,

coffee, snacks, refreshments, Wi-Fi & electric outlet. Copying/faxing,

whiteboard/flip chart, notepads & pens also included. Power point, DVD,

audio-visual support on site. Optional admin., notary and lunch/dinner

service available. Call Tracie - RAMS - 909/798-4554 - 1710A Plum Lane,

Redlands. rams@mediate.com - www.mediate.com/rams.


Family Law, Chapter 7 Bankruptcy, and DUI defense. I am available

for special appearances at reasonable rates. My phone is 909/393-

1876, Fax 951-270-1935.


of Robert G. McCoy & Associates, P.C. would like to announce the

association of Bill Vaughan, Esq. Bill Vaughan, former Senior Trial

Counsel for Progressive Insurance Company, is available to take over

personal injury and civil cases that are ready to go to trial. He has

handled over 17 jury trials. Phone: 909/467-1169


Injury, Accident Investigation, Evidence Photography. Retired CHP.

PI License #24367. 909/387-0077. www.coxpi.com

CPA FORENSIC ACCOUNTANT, Howard E. Friedman. Business

Valuations, Cash Flow, Separate vs. Community Property Tracing.

Court-Appointed Expert, Receiver, Special Master. Call 909/889-

8819 Fax 909-889-2409 454 N. Arrowhead Ave., San Bernardino,

CA 92401.


Paralegal. No law enforcement background. Experience in most

investigation. What is your need KJS@freedomPIinc.com 909/835-

6168 PI #25892

ALAN R. SIMS APPRAISING - Commercial, Residential,

Estates, Litigation, Divorce, Ins., M&E. 909/584-8820.


Intellectual Property Attorney / Patents, Trademarks, Copyrights:

Available for advising, preparation and prosecution of patent and

trademark applications, and copyright registrations. Call the Law

Offices of Colin D. Rasmussen: 909/653-6607 (phone); 909/824-6319

(fax); email - ascusiplaw@sbcglobal.net.


& insured private investigations firm. We are now located in historical

downtown Redlands. We are National Board Certified in Criminal

Defense. We also do family & civil law.(Ca Lic 23442.) 18 E. State

St., #208, Redlands, CA 92373. Our new phone: 909/792-0999;


LAW OFFICE OF CHRISTIAN ANYIAM: Full service law practice

handling civil, family, real estate, labor/emp., PI, immigration, and

contract law. We also make special court appearances. Call 909/383-


CREATIVE FINANCE - Real Estate Only! Hard Money / Private

Money Lenders. Residential, commercial, land & construction

completion. In probate, foreclosure, or bankruptcy OK (w/Court

OK). Save the property, loosen up operating capital. Title in trust,

corp., or foreign ownership is O.K.! Call JOHN 951/536-7641 or


CPA W/ 30+ YRS EXP. available to advise and testify on:

• Real Estate /Partnership Taxation and accounting issues.

• Real estate syndication and management issues

• Real estate finance matters. Please call or email for CV: 310/476-

5987 or email Jeff.FrombergCPA@gmail.com

Larsen AVR Group, Inc. Full Service Private Investigations Firm.

Offices in L.A. & Claremont. www.larsenavrgroup.net 213/533-8440

or (818)326-2202.

MORTGAGE CONSULTANT to attys, not as agent. Will review loan

apps, escrow, loan commitments for possible modifications. Review

w/TILA lawsuits in mind. CPA backgrnd. Financial review, proforma

financial statemnts get realistic client picture. Discreet, reliable, refs.

Will travel, low hrly rates. Thomas: thomasbroker@roadrunner.co


WORKER’S COMP DENIED We can write your “medical necessity”

letter and obtain peer review within 48 hours. Over 4000 cases

reviewed. Ted Wyman, MD 909-725-6866.


takes boxes (or boxcars) full of Medical Records, turning them into

effective, unbiased, attorney-friendly work products. Legal Nurse Betty,

Inc., a Certified Legal Nurse Consulting Firm, is dedicated to quality

work and long-term business relationships in the San Bernardino County

area. Call 951-551-4722 or LegalNurseBetty@roadrunner.com

JUDGMENT COLLECTION California courts have inherent and

statutory power to compel obedience to their judgments, orders &

process. CCP 128(a)(4), 177; Professional judgment enforcement since

1999. Steve Alldis, JD 760-946-5259.

MORTGAGE FINANCE EXPERT: Teresa Tims, Senior Mortgage

Consultant w/ South Pacific Financial, a Mortgage Banker in the Inland

Empire for 25 years, Is available to consult with your clients when a

home loan professional Is needed. Teresa specializes in residential

mortgages of all types; FHA,VA,Conv., CalPERS, CalStrs, CalHFA,

HART. Visit Teresa at WWW.teresatims.com or call 909/821-3093.

EXP’D LITIGATION/PROBATE ATTY avail. for contract work

(depositions, trial prep, pleadings etc.) Also avail. for in person court

appear. in Riverside County (Indio) and San Bdno County (Redlands)


or other court-call appear. at other locations. Call Flint Murfitt 909/557-

4447 or 760/320-6008.

ATTORNEY w/more than 10 years exp. in Civil Litigation, Real Estate,

Business Litigation and Appeals. avail. for research/writing projects,

law & motion, depos, discovery, and appearances. Glenn A. Williams

- 951/817-7829.

COMPUTER FORENSICS, E Discovery, and Data Recovery.

Intelligent Computer Forensics, Inc. can help your org. w/complex

investigations, inc. collecting & preserving electronic data using courtvalidated

tools & techniques. Expt. analysis of collected data; depo &

trial testimony. Call for competitive rates schedule: Intelligent Computer

Forensics, Inc; 2330 La Mirada Dr, #500, Vista, CA 92081. 760/599-

7033; Toll Free: (800)760-4237. Email: GTurner@ICForensics.com

FAMILY LAW - CIVIL LIT. ATTORNEY avail. for contract work: court

hearings, research, trial assist., prep of motions, mediations. Ugo-Harris

Ejike: 909/890-9082.

FORENSIC DNA TESTING - Human Identification Technologies, Inc.,

2-4 wk turnaround time w/single scientist representation & extensive law

enf. lab exp. Court ready DNA testing results. Free Est. 909/557-1828.

Located in Redlands, CA. HITDNA.com or info@hitdna.com

LEGAL SECRETARY, Ellie’s Legal Secretarial Service, 350 W 5th St.,

#202, S.B. CA, 35 years exp. Prep of most court forms, Guardianships,

Fam Law, Evictions, Grant Deeds, Restraining Orders, Notary Public.



Attorney at Law. 15490 Civic Dr. #204 Victorville, CA 92392 760/951-


EXP’D FAMILY LAW PARALEGAL / Legal Secretary available on

a contract basis. For immediate assistance, call (951)734-6524 or e-

mail Slopez7267@aol.com.



space available in historic house in downtown Riverside within

walking distance from the Riverside court houses. Asphalted parking

available in the back. Perfect for the new attorney or someone looking

to start out. Reasonable monthly rates and no long term lease

agreement required. Call (951) 686-1010 or email to FamilyLawCal


DOWNTOWN RIVERSIDE - 1 Block From The Court Complex. Full

service office space available. Inns of Court Law Building. Contact

Vincent P. Nolan (951) 788-1747 or Maggie Wilkerson (951) 206-


ATTORNEY. Well established Apple Valley Law Firm seeks attorney

to share office space. Opportunity to expand your area of practice and

possible overflow work. Fax resume to 760-240-8865.

FOR RENT: Small office & optional sec. space avail. close to

Riverside Crthse. Starting at $500.00. Inc. receptionist, conf. rm,

access to firm’s lib. resources, free parking, all utilities (except

phone), storage space. Prof. environment. Ideal for attorney or CPA.

We also provide virtual offices & conf. rm rentals. CALL 951-369-9300

ask for office mgr.


w/view & receptionist/waiting rm area avail. Shared conf. rm.

Fully maintained bldg located in the Citibank Building downtown

Redlands. $1,500 per month. Great for atty, accountant, insurance,

or professional. Attn. Office Manager, Betty Auton-Beck, APLC,

300 E. State Street, Suite 200, Redlands, CA 92373, E-mail:

bauton.beck@verizon.net or lisa.stinson@verizon.net, Tel. (909)

792-5882; Fax: (909) 792-5150.


your high desert clients, but don’t need a full office Single designated

office avail. in small family law firm - reasonable monthly rate.One

block from V.V. Crthse. Secretarial services not inc. Call Jenine at


FOR RENT: Directly across street from Victorville Courthouse. 3055

sq. ft.; OR 16,555 sq. ft. single story, stand alone building. Call 760/

244-2740 or 760/243-4135.

ATTORNEYS WANTED! Downtown San Bdno., across from the

court house. Office space avail. 250 to 7500 sq.ft. Well main. bldg

w/County, Law offices and Court offices. Ample parking. 800/398-


OFFICE FOR RENT- FURNISHED. Spacious Redlands office,

furniture included, kitchen/conference room privileges, internet

access, fax/copier use available. Secretarial space also available.

Contact 909/798-7911.




OFFICE SPACE FOR RENT Legal office suite with mtn view; 3

attorney offices, secretarial, reception, and kitchen. Fully furnished

and decorated; computer, copier and phone can be included. Prime

downtown San Bdno location; walking distance from San Bdno Court.

Secure building with parking. Please contact Aurora Alonzo at 909/



distance to the Ranch Cucamonga Superior Court House. The lease

can be the first floor of approx. 3,500 sq. ft. or can be subdivided into 2

offices of approx. 1,200 sq. ft. and 2,300 sq. ft. CONTACT Brit Barker

at 909/980-1996.

DOWNTOWN RIVERSIDE. New Construction. Contemporary Live/

Work units on Market St., blocks away from the Inland Justice Center.

Professional office suites 185-615 square feet with attached 2BD/2BA

beautiful upgraded apartment and garage. Prices from $2442/month.

Call 951/686-7100.

FOR SALE: Redlands Office Building, 1174 Nevada Street (off

Orange Tree Lane). 8,070 Square feet, with 5,100 sq. ft available

on ground floor for owner/usesr occupancy. Asking $1,500,000.00.

Will review all offers. Roger Thompson, Wallendar Commercial RE.

909/792-3550 X 2.

SAN BERNARDINO OFFICE SPACE 2055 sq ft with 4 private

offices on the 2nd floor of downtown bldg. Across the street from the

County Courthouse. $1,900 mo. Disc. rates for long term lease. Also

1 individual office on 1st floor avail. for $300/mo. Contact RC Chavez

at 909/224-4926 or rc@rcchavez.com.

COLTON PROF’L OFFICE BLDG. Exec. Suites avail. for lease on a

full services gross basis. Lease inc. min. recept. duties. Great space

for atty., accountant, ins., escrow, or prof’l user. 595 N. La Cadena

Dr., Colton, CA. Roger Thompson, Wallender Com’l Real Est. 909/

792-3550 x2.




City Attorney’s Office is seeking an experienced civil litigator

to handle a litigation caseload on a temporary basis for

approximately four months during the summer of 2010. Public

entity experience is preferred. Salary commensurate with

experience. For application, contact the Office of the City

Attorney, 300 North “D” Street, San Bernardino, CA 92418, (909)

384-5355. Resumes will not be accepted in lieu of applications.


PARALEGAL. Redlands Law Office seeks F/T estate planning/

corporate paralegal w/minimum 2 years’ experience in drafting

estate planning documents, deeds and preparing all transactional

documents related to corporations, partnerships, LLCs and

annual documents. Must be organized, have excellent writing,

verbal skills. Compensation commensurate w/experience.

Submit resume to Betty Auton-Beck, A Professional Law Corp.,

Attn. Office Mgr, 300 E. State St. #200, Redlands, CA 92373.

E-mail: bauton.beck@verizon.net, Fax: (909) 792-5150.


to assist with preparation of Trust and other Estate Planning

documents. Must be familiar with the CAPS program. Please fax

resume to 951-369-9310.


CONFIDENTIAL HELP Judges & Attys in trouble w/alcohol, drugs.

800/222-0767; 909/683-4030, 24 hours - 7 days a week.

SBCBA Members: Advertise FREE for 3 mo. in Classifieds.

Continue ad for $10 per month in advance. 909/885-1986 or email


CONFERENCE ROOM AVAILABLE for depos, etc. at SBCBA office.

1 block from courthouse. $100 day; $50 half day. Discount rates to

SBCBA members: 50% off day rate; free for conferences 1 hour or

less. Call 909/885-1986.


2,200 sq ft retreat in GreenValley Lake. 3 Bdrms, 2 full baths,

fireplace. Sleeps 12-14. Huge pool room with regulation table, dart

board, card/game table. Cable TV. Full kit w/ all amenities. All linens

included. Big backyard; outdoor Spa seats 6; parking for 6 cars; located

right on main road. 1/2 mile walk to stores and lake (rowboat included!).

$300/ $350/ $400 weekdays/ weekends/ holidays per night,

7 day stay gets one free night. (Special rates may be available in

Spring - call for information.) To reserve your weekend, call 909/867-

4182. (See photos here: http://www.vrbo.com/133847#)

Weldon L. Brown

• State Court Receiver

• Trustee

• Referee

• Member of California

Receivers Forum

5029 LaMart Drive / Riverside, CA 92507

(951) 682-5454 • (909) 824-5650 • Fax (951) 788-8718


October 2010

“The oldest continuously active bar association in California”


16 San Bernardino County Bar Association October 2010


of the

San Bernardino County

Bar Association

Workers’ Compensation/Social Security Disability Issue


“California’s Oldest Continuously Active

Bar Association

Organized December 11, 1875

In Affiliation with the

High Desert Bar Association

2009-2010 Board of Directors


Thomas W. Dominick


John S. Lowenthal


Khymberli S. Apaloo


Bradley R. White


Michael A. Scafiddi

Immediate Past President


Hon. Diane I. Anderson

Kevin B. Bevins

G. Christopher Gardner

Jennifer M. Guenther

Barbara A. Keough

Matthew A. Marnell

Sandy L. Turner

John R. Zitny

Donald F. Cash, Donna V. Siofele, Francisco T. Silva, Darla A. Cunningham, Scott M. Rubel

We have over 50 years of experience in representing injured and disabled workers before the

Workers’ Compensation Appeals Board and Social Security Administration. If you have clients who

need help with Workers’ Compensation or Social Security problems, please have them call our

office for a free consultation. We pay referral fees in accordance with State Bar Rule 2-200(A).



Lerner, Moore, Silva, Cunningham & Rubel

Ph: 909/ 889-1131• Fax: 909/884-5326

141 North Arrowhead Avenue, Suite 1

San Bernardino, California 92408-1024


Executive Director

Claire E. Furness

“The mission of the San Bernardino County Bar

Association is to serve its members and

the community and improve

the system of justice.”

555 North Arrowhead Avenue

San Bernardino, CA 92401-1201

(909) 885-1986 Fax: (909) 889-0400

E-mail: bulletin@sbcba.org

Web: www.sbcba.org

The Bulletin of the San Bernardino County Bar

Association is published 11 times a year. Our

circulation is approximately 1,100, including: our bar

membership of 900, 95 state and federal judges, state

&local bar leaders, legislators, media, and businesses

interested in the advancement of our mission.

Articles, advertisements and notices should be received

by the bar office no later than the fifteenth of the month

prior to the month of publication. For current advertising

rates, please call the number listed above. Please direct

all correspondence to the above address.

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