• B U L L E T I N • - San Bernardino County Bar Association

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• B U L L E T I N • - San Bernardino County Bar Association

May 2010Like so many that knew him, I wasshocked and saddened to see that wehad lost Attorney Ed Butler. Ed wasalways with us doing judicial or attorneyprofiles in the Bar Bulletin and living alife of service. I was honored once bybeing a subject of one of his profiles. Hecame by my office and conducted a verythorough interview for the article. Quitemeticulous. But I was struck by howrespectful and solicitous he was of me.Here he was doing me the favor but actedas if it was his great honor and pleasureto write of me. He was truly a fine fellowand the essence of a gentleman. Whilecertainly a gentle soul, he sent a powerfulmessage to all. You have value. His lifewas marked by honoring the worth ofothers. And, I offer, that makes his lifethe most valuable of all.James B. HacklemanI met Ed at the Victorville Law Librarywhen I was in law school about 15years ago. He was so patient and kindin helping me fumble through my firstattempts at legal research. Later I wouldgo to the library to study as I prepared forthe bar exam and I observed Ed exhibitthe same patience and kindness to others,particularly the lay people trying torepresent themselves.I always enjoyed Ed’s vignettes in theBar Bulletin. He did a fabulous job ofpresenting biographical information witha respectful but light hearted tone. Overthe years I would see Ed at the law libraryregularly and at various bar events andalways enjoyed my conversations withhim. Although he was a quiet man, hehad a great sense of humor and a twinklein his eye when he laughed that I willnever forget.Roberta “Bobbi” TaylorI knew Ed as a friend as well as thelibrarian. I first met him at the VictorvilleLaw Library where he was most helpfulwww.sbcba.orgto everyone. I then followed him to SanBernardino and his promotions there,working with him regularly in setting upthe MCLE classes for the Annual CruisesI set up. Again he was always helpful, andkind and on top of everything. He cameon one of our cruises and drove with meto and from the Port. He assisted me inevery way on the ship and discussedmatters with the other attorneys.Finally, he came to do an interviewwith me for the Bulletin, and came to myoffice and wrote a beautiful, articulatearticle making me look better than I couldhave done myself. He did this for all ofthe board members and several Judgesin an accurate and tasteful way thateveryone who read the Bulletin lookedforward to reading. I will miss him.Sandy TurnerI knew Ed and he was always veryhelpful at the library. I was concernedwhen they moved the library out of thecourthouse (family court services neededthe space)... In fact, after the library wasin the hopping center, we received betterservice because of Ed. His articles onjudges, etc. in the Bar Bulletin were veryperceptive. He will be missed.Margaret Helen ArterI had contact with Mr. Butler when hewould call to make an appointment withone of our judges to write a profile article.He was always so polite, courteous,thoughtful in letting me know how comeneeded a particular date or time. Mr.Butler would work hard at trying to makeit convenient for the judge, yet meet hisdeadline. He would always call me backafter I confirmed date and time and thankme for my assistance. He had such apleasant, cheerful voice. You knew heloved his work.Mr. Butler did such a great job and Ialways found his profiles of our judgesWeldon L. Brown• State Court Receiver• Trustee• Referee• Member of CaliforniaReceivers Forum5interesting and enjoyable reading. Youwould get to learn and see another sideof them.Gloria YardAnytime I needed to do research atthe County Law Library located inVictorville, whether as a law student or asa practicing attorney, if Ed was there hewas so incredibly helpful. He knew whereevery possible source of information wasand actually helped you find it. He wasso patient when it came to helping peopledeal with both the online research toolsand the temperamental copier. He wentfar beyond the “what you want is overthere [and point]” attitude that so manypeople who work with the public seemto have. He treated everyone who cameinto the library the same - whether it wasa member of the bar or a member of thepublic.I also enjoyed reading his articles in theBar Bulletin. They were written with thesame respectful attitude he displayed inhis everyday life.I will miss Ed very, very much.Joelle Lee A. Nicol, Esq.I was saddened when I heard of Ed’spassing. While going to school, I workedwith him for a couple of years at theVictorville Law Library; those werewonderful memories and great learningtools for my future. Ed’s kindness andastuteness were brilliant qualities of hispersonality.We both grew up in Illinois andwould talk about our childhood withcamaraderie. As years passed, I wouldstop in from time to time to say hello. TheLaw Library will not be the same withouthim. I will surely miss him.Mary GrayParalegalEd was a sweet and unassuming manwho was selfless in his treatment ofothers.There was a goodness that flowedthrough him, and we who knew him werebetter for it. He was with us, and then leftus like a cool breeze blown off a crystalclear lake in the springtime.Gary Wenkle SmithWELDON L. BROWNCOMPANYINC.5029 LaMart Drive / Riverside, CA 92507(951) 682-5454 • (909) 824-5650 • Fax (951) 788-8718www.weldonbrown.com


6 San Bernardino County Bar Association May 2010President’s Desk (from page 2)agreement, such as District 6 counties hadfor a number of years, San Diego wouldhave enough votes to fill both seats onthe Board of Governors and the InlandEmpire counties would literally haveno voice at the State Bar level. A moredetailed discussion of the proposal andits ramifications is in J’Amy Pacheco’sarticle in the April 19 edition of the SanBernardino Bulletin. If you have not hada chance to see it, I commend it to yourreading.Several members of our Bar haveexpressed valid concerns that theproposed redistricting will only furtherdisenfranchise the Inland Empire fromparticipation at the State Bar. I can tell youthat if this measure is ultimately approved,Riverside President Harry Histen andI will endeavor to work out a rotationagreement with San Diego and ImperialCounty Bar representatives.Public comment on the proposal mustbe received by May 14, 2010 and shouldbe directed to Pat Bermudez, Office ofGeneral Counsel, State Bar of California,180 Howard Street, San Francisco,California 94105.Bar Business and Coming EventsApril was a busy month for Bar eventsand May is shaping up to be an evenbusier one. The Bench-Bar Symposiumon civil practice issues was held on April8. San Bernardino County Superior CourtPresiding Judge Douglas Elwell gaveus an update on the state of the courts.(Please see page 9 for a full report on thissegment of the symposium.) It was excitingto hear that construction of the new Countycourthouse in San Bernardino is slatedto begin next January. Construction isexpected to take about two years and theproject is “on schedule and under budget.”Justice Thomas Hollenhorst gave a talkon the Appellate Court’s tentative opinionprogram. Judge Donald Alvarez discussedlaw and motion issues with emphasis onrecent cases in the areas of attorney-clientand work product privileges and summaryjudgment motions, Judge Joseph Briscodiscussed writs of mandate and WayneTucker talked about alternative disputeresolution and civil practice.On May 4, the annual Red Mass will beheld at 6:00 p.m. at St. Francis de SalesCatholic Church in Riverside. FormerAssistant U.S. Attorney John Rayburnis slated to receive the St. Thomas MoreAward at a reception following themass. All members of the legal and lawenforcement communities are encouragedto attend.On May 6 from 4:30 p.m. to 7:30 p.m.,the Inland Empire Counties Legal Servicesand Public Service Law Corporation ofthe Riverside County Bar Association willco-host a wine and cheese benefit evententitled “Celebrating Equal Access toJustice.” It will include wine tasting anda silent auction and it takes place at theRiverside City Grier Pavilion, 3900 MainStreet, 7th Floor. Tickets are only $20per person. For more information, contactAnnette Johnson at (951) 368-2532 /ajohnson@icls.org.On May 12 from 5:30 p.m. to 7:30 p.m.,the Joseph B. Campbell Inn of Courtwill hold its monthly meeting and wherethe topic will be “Effective Advocacy inADR.” Also on May 12, the High DesertBar Association’s probate section willhold a noon meeting at the Victorville GolfCourse. I understand Attorney JeanneKennedy will talk about certificates ofindependent review.On May 13 from 5:30 p.m. to 8:30 p.m.,the Bar Association will hold the Bench-BarSymposium on family law practice issuesat the San Bernardino Hilton. Judge Elwellwill present his usual update on the state ofthe courts and I understand CommissionersDavid Proulx, Michael Gassner,Michael Torchia and Diane Andersonare the scheduled speakers, as is RobinSherman-Young, Director of Family andChildren Services. The topics will includethe Elkins’ Commission Report and childsupport modifications.On May 20, the Inland Empire LegalAssociation of Women, in celebration ofits first anniversary, will hold an eventfeaturing United States District CourtJudge Virginia Philips. The event willtake place at the San Bernardino Hiltonfrom 5:30 p.m. to 8:30 p.m.On May 25, the Federal Bar Association,Inland Empire Chapter, will hold its11th Annual Constitutional Law Forumfeaturing Dean and distinguished professorof law Erwin Chemerinsky. This eventwill be held at the San Bernardino Hiltonfrom noon to 1:30 p.m.Finally, the annual Kaufman/CampbellAwards dinner will take place on May27 at the San Bernardino Hilton wheretwo outstanding judges from the InlandEmpire, James C. McGuire and J.Michael Welch, will be honored.I encourage all of you to make plans toattend one or more of these events and getto know more of your colleagues.Lastly, be sure to mark your calendarsfor the Bar Association’s annual meetingwhich will take place in June at noonat the San Bernardino Hilton. Also, theannual Bar Association golf tournamenthas been scheduled for Friday, October22 at Shandin Hills Golf Course in SanBernardino. This is always one of ourbiggest social events of the year.


May 2010“The oldest continuously active bar association in California”7


8 San Bernardino County Bar Association May 2010The San Bernardino County Bar Association and theSuperior Court of the County of San Bernardinoare pleased to present the2010 BENCH BAR SYMPOSIUM:FAMILY LAW PRACTICE ISSUESTHURSDAY, MAY 13, 20105:30 to 8:00 p.m.Update on the San Bernardino CourtsPresiding Judge Douglas ElwellCurrent Issues in Family LawCommissioner David ProulxCommissioner Michael GassnerCommissioner Michael TorchiaCommissioner Diane AndersonandRobin Sherman-Young, Director of Family & Children ServicesTopics to Include:Elkins’ Commission ReportandChild Support Modifications in these Challenging Economic Times$40 members, $50 non-membersIncludes buffet, materials and program.2.0 hours MCLE (includes 0.5 ethics)San Bernardino County Bar Association, a California State Bar-approved MCLE provider, certifies that this activity isapproved for MCLE in the amounts of 1.5 hours of general credit and 0.5 hour ethics credit by the California State Bar.Register Now!Online: www.formdesk.com/sbcba/RSVPPhone: 909/885-1986


May 2010www.sbcba.org9Local Courts‘Probably Okay’ forUpcoming Fiscal Year-- JudgeBy J’Amy PachecoThe state budget proposal currentlyon the table in Sacramento was more“genteel” to the judicial branch than lastyear’s, and means San Bernardino courtswill “probably be okay” for the 2010-11budget year, Presiding Judge DouglasElwell said Thursday.“We’ve been prudent, we’ve beencautious, and we’re moving forward,”Elwell said. “I don’t anticipate, at thispoint, having to engage in any layoffs.That’s something that means a great dealto us.”In a state of the courts addressed deliveredduring a civil bench-bar symposiumhosted by the San Bernardino CountyBar Association, the jurist cautioned thatthe situation remains “iffy” until moreconcrete budget numbers develop fromMay revisions between the governor andlegislators.The following year, he opined, looks“pretty grim.”“If this continues for a year or two more,we’re talking about a significant shuttingdown of judicial services in the state ofCalifornia; significant restrictions onaccess to justice,” he warned. “We hope itdoesn’t come to that.”Money for a new San Bernardinocourthouse, however, has been “committedand set aside.” The criminal courthouse, hesaid, is expected to house 36 courtroomson 11 floors, and will cost one-thirdof a billion dollars. Elwell describedit as “a premier courthouse project forCalifornia.”“We expect to have a shovel in the groundin January 2011,” he said. “Construction isexpected to take about two years. Thispresupposes that we do not run into anyspotted toads or pottery shards.” Theproject is currently on schedule and underbudget, he added.Construction on the site, which is nowused for court parking, means parking indowntown San Bernardino “will be a zoo”for several years, Elwell cautioned. Courtofficials are working with the countyto identify spaces that can be used forparking, with off-site, shuttle-servicedlocations being considered.“I’m telling you now, it is going to be aproblem,” he emphasized.Authorization has been granted for acourtroom upgrade project in Chino, wherea third courtroom on the second floor willbe completed for use as a trial courtroom.Elwell said the layout of the room makes itideal for civil trials.A Fontana project adding two newcourtrooms and a new jury assemblyroom is nearing completion, he said.Authorization has been granted for anothercourtroom, which will be designed tohandle high-volume, non-jury matterssuch as traffic, small claims and unlawfuldetainers.That project is expected to be completedin September or October.The seismic retrofit of the historicCentral courthouse should be finished bythe end of this year, he added. The historiccourthouse will ultimately be used forcivil matters only, with the t-wing used forclerical functions and file storage only.The Victorville court, he observed,is “probably the single most impactedcourt we have, particularly with respectto our family law and civil cases.” Courtofficials are currently working with theAdministrative Office of the Court’s realestate services to locate off-site space inVictorville to house some of the court’sfunctions.“Whether or not we’ll accomplish thiswith the budget constraints, I don’t know,”he admitted. “But sometimes if you workhard at it and you’re creative, moneyseems to find a way of appearing.”Elwell lauded the San Bernardino Countycivil bar for working cooperatively to keepcivil cases moving through the courts.Contrasting it with “other counties” thathave had to shutter their civil courtrooms,Elwell credited the collaborative nature ofthe San Bernardino civil bar for avoiding asimilar situation locally.“It’s very much appreciated, and nottaken for granted,” he stated.He cautioned those present that localcivil practitioners need to use due diligenceto ensure payment of extra filing fees oncivil cases.“You are not happy, your clients are nothappy, and we are not happy about theextra filing fees,” he said. “But they haveto be paid.”Elwell said the courts have faced acontinuing battle to collect the fees,and currently have over $3,600 in feesoutstanding due to non-sufficient checks.In the past two years, he added, thoseoutstanding fees have reached as much as$45,000. Elwell said the courts are willingto work with attorneys, but cautioned thatif the situation isn’t resolved, the courtswill consider hiring a collection agencywhich would report to credit reportingagencies as well as the State Bar.“We don’t want to go there,” he said.Reprinted with permission from the SanBernardino Bulletin, a Metropolitan Newspublication.TRUTH VERIFICATIONMICHAEL B. LYNCH, MAPolygraph Examiner Since 1974Member - American Polygraph AssociationPrimary Instructor - APA Accredited SchoolBachelor of Science - Criminal JusticeMaster of Arts - Public AdministrationTwenty years experience in law enforcementü Speciic Issue Criminal and Civil Examinationsü Pre-Trial Quality Control(951) 529-2486mlynch@lawyerspolygraph.comwww.lawyerspolygraph.net


10 San Bernardino County Bar Association May 2010


May 2010“The oldest continuously active bar association in California”11A New Benefit For SBCBA Members!Enjoy the special membership benefits offered by SBCBA fromLexisNexis! Save up to 40% off Your NEW Subscription toLexisNexis Online Research and/or 20% off LEADING TITLESof Matthew Bender Books, please contact Brooks Hoppe at951-536-4242.• Official Publisher for California lexis.com® offers courtapprovedheadnotes and summaries written by Californiaattorney-editors• Only Shepard’s® Citations Service provides full spectrum ofanalysis• Access California’s treatises from Matthew Bender• LexisNexis 22 billion public records including SmartLinx TM• Improve your internet presenceRegistered Nurse Plaintiff and DefenseConsulting ExpertBetty A. Lyons, RN, WCC®, CLNC®ð Review medical records.ð Screen cases for relevance, merit.ð Identify medical issues that mayhave been overlooked.ð Liaison between attorney andhealthcare providers, experts.Medical Malpractice/Criminal Law/Personal InjuryElder Abuse/Wrongful Death/Pressure Ulcers/FallsSurgical Failures & Retained Objects951-551-4722LegalNurseBetty@roadrunner.comwww.LegalNurseBetty.comNo Consult is too Big or too SmallNon-Attorney Member Inland Empire Legal Association of WomenSmartLinx is a trademark; Shepard’s, LexisNexis & lexis.comare registered trademarks of Reed Elsevier Properties, Inc.©2010 All rights reserved. !"#"$%&'()*')!"#"$%"+(,'-*.//0/ ELWOOD M. RICHJUDGE OF THESUPERIOR COURT , (RET.)JUDGE FOR 28 YEARSMEDIATIONS ARBITRATIONSINDEPENDENT ADR(951) 683-6762CALIFORNIA SOUTHERNLAW SCHOOL3775 ELIZABETH ST.RIVERSIDE CA 92506


12 San Bernardino County Bar Association May 2010Arbitration After BurlageBy Wendy Lascher“We look to legal precedent in deciding cases. We believethe law is predictable and provides litigants and counsela reasonable degree of certainty. True, but not always.”Burlage v. Superior Court (2009) 178 Cal.App.4th 524(review denied). The Burlage decision will makes every casethat goes to arbitration less predictable - and more costly.Most California lawyers and judges, and even the twojustices in the Burlage majority, had previously believed thata court may not review the merits of an arbitrator’s reasoning,even when an error of law is apparent on the face of theaward and causes substantial injustice. This is the teaching ofMoncharsh v. Heily & Blase (1992) 3 Cal.4th 1.In Burlage, however, Presiding Justice Arthur Gilbert andAssociate Justice Kenneth Yegan upheld a trial court’s ordersetting aside an arbitration award because the arbitratorconcluded that some defense evidence about damages wasirrelevant, and granted a motion in limine to exclude it. Theyheld that Code of Civil Procedure §1286.2 (a)(5) requiresreversal “if the court determines [that]...The rights of the partywere substantially prejudiced by the refusal of the arbitrators...to hear evidence material to the controversy...”Dissenting Associate Justice Steven Perren wrote “thatgreat mischief can and will result from” his colleagues’decision. Will it?The Hard Facts That Made Bad LawIn 2003, the Burlages bought an expensive house fromMartha Spencer for $1.75 million. The standard CaliforniaAssociation of Realtors’ contract required arbitration of anyensuing disputes.The house had undisclosed defects. Its iron fence andswimming pool encroached on the neighboring property,the pool encroached on a storm drain and related easementbelonging to the homeowners’ association, and the roof leakedbadly. To address the encroachment problem, the Burlages’attorney negotiated to obtain a lot line adjustment, for whichthe Burlages’ title company paid $10,000 and the Burlagespaid $950. It took well over two years to complete the lotline adjustment process, increasing remodeling costs, andthe Burlages were required to pay their own lawyer, not tomention other expenses and investment of personal time. TheBurlages’ expert identified $557,700 to $662,700 of damages,including $112,500 for loss of property value due to theencroachment.The parties agreed to arbitrate the Burlages’ claim for breachof contract and fraud. During arbitration, a dispute arose aboutthe correct method of valuing damages for the encroachment.The Burlages relied on a case holding that damages are to beassessed as of the date of the fraudulent transaction whileSpencer relied on a different case holding that in setting frauddamages a factfinder could consider subsequent events. Thearbitrator agreed with the Burlages, and granted their motionin limine to exclude evidence of how much the title companypaid for the lot line adjustment.The arbitrator found fraud by Spencer and awarded $552,750in compensatory damages, plus $225,000 in punitive damagesand $740,447.02 in attorney’s fees and costs.Without reviewing the arbitration transcript, VenturaSuperior Court Judge William Liebmann granted Spencer’smotion to vacate the award. He concluded that the arbitrator’sevidentiary ruling “directly affected the issue of damages,thereby substantially prejudicing [Spencer]’s ability to disputethe amount of damages suffered by” the Burlages. He orderedrehearing of the entire matter before a new arbitrator. TheCourt of Appeal affirmed Judge Liebmann, the majoritytaking the position that because Spencer was not permitted tointroduce evidence of what the title company paid to resolvethe encroachment issue “the Burlages were awarded $1.5million in compensatory and punitive damages they may nothave suffered.”Moncharsh Contemplated FinalityMoncharsh says that “[t]he arbitrator’s decision should bethe end, not the beginning, of the dispute.” Both the state andnational legislatures have endorsed consensual arbitration as amatter of policy. Does the Court of Appeal’s decision, in theservice of an illusory equitable ideal, conflict with this policyand the legal principles developed to implement it? Or doesit merely, as Spencer’s attorneys argued, take advantage of a“safety valve” the Legislature built into the arbitration statutesfor cases such as this?Parties agree to arbitrate disputes in order to make disputeresolution simpler, quicker, less expensive and more final.They bargain for an expectation of finality once the arbitratorhas ruled despite “knowing that arbitrators, like judges, arefallible.” That Way Production Co. v. Directors Guild ofAmerica, Inc. (1979) 96 Cal.App.3d 960, 965. That is whythe Supreme Court recently reiterated that “arbitrators do notordinarily exceed their contractually created powers simply byreaching an erroneous conclusion on a contested issue of lawor fact . . .” Gueyffier v. Ann Summers, Ltd. (2008) 43 Cal.4th1179, 1184.The Court of Appeal majority, however, believed that“tolerance for fallibility has its limits.” and that section1286.2(a)(5) “permits a court to intercede when an arbitratorhas prevented a party from fairly presenting its case. . . “ Itthought Spencer was treated unfairly because her damagesexpert was not allowed to testify that the title company solvedthe encroachment issue by paying $10,000 two years after thesale.Safety Valve for What?This rationale makes sense only if the Code of CivilProcedure allows a court to vacate awards based on substantiveoutcome. But §1286.2(a)(5) focuses on procedural fairness,not the substance of arbitrators’ decisions. It addresses:the procurement of an award by fraud (paragraph (a)(1));corruption ((a)(2)); misconduct ((a)(3)); arbitrators exceedingtheir powers ((a)(4)); refusal to postpone the hearing for cause((a)(5)); and failure to disclose conflict of interest ((a)(6)).The statute requires fair opportunity, not the right to persuadethe arbitrator of any party’s position on the merits.Even if the statute did contemplate judicial reexamination ofsubstantive legal rulings by arbitrators in cases of “substantialprejudice,” the Burlage decision does not suggest any


May 2010www.sbcba.org13guidelines for distinguishing a “mere erroneous evidentiaryruling” from one significant enough to justify setting asidean award. Is it the discrepancy between the amount the titlecompany paid and the amount of the award? If so, at whatdollar level does §1286.2(a)(5) kick in?Is a court permitted to set aside an arbitration award withoutreading a transcript of the arbitration? A Court of Appealcould not reverse a trial court judgment for prejudicial errorin excluding evidence without evaluating prejudice in lightof the whole record, yet the Superior Court judge in Burlagedid not read the arbitration transcript. If judicial review ofarbitration awards is to be conducted differently than judicialreview of trial court judgments, a subsequent decision mustestablish how that review is to be conducted.If parties wish to superimpose judicial review on arbitration- to contract for an appellate process - they certainly may doso. Cable Connection, Inc. v. DIRECTV, Inc. (2008) 44Cal.4th 1334, 1340. But allowing them to obtain reviewunder §1286.5(a)(2) creates myriad problems. As JusticePerren noted, virtually every ruling excluding parol evidence,excluding privileged evidence or excluding hearsay - to namea few categories of evidentiary rulings - results in limiting theadmissibility of evidence.Arbitration Will Cost More and Mean Less.Burlage eliminates the economy that arbitration issupposed to foster by exposing parties and arbitrators tosignificantly longer arbitration hearings. This is becauseattorneys will become much more reluctant to object to (andarbitrators more reluctant to exclude) evidence for fear acourt will subsequently overturn the award based on evidenceexclusion. If parties do not object, they run the risk of havingthe arbitrator consider evidence that the Legislature and/or thecourts have previously determined should not be considered.But if they do object, they run the perhaps greater risk ofwasting all the work and expense that went into preparing forand presenting a case at arbitration.Further, Burlage leaves no disincentive for a losing partyto bring a motion to vacate in any case in which the arbitratorhas excluded evidence.There can be little doubt that the majority opinion willencourage a storm of hyperanalytical challenges to arbitrationawards that, until this decision, were final.Wendy Lascher is a State Bar certified specialist inappellate law. She practices in Ventura, www.lascher.com.She represented the Burlages in the Court of Appeal and theirpetition for review, which the Supreme Court denied by a 5-2vote.©2010, Wendy Cole LascherWendy Cole Lascher is a State Bar certified specialist inappellate law and a member of the California and AmericanAcademies of Appellate Lawyers. This article first appearedin the March 2010 issues of the Santa Barbara Lawyer andthe Ventura County Bar Association’s CITATIONS.Redlands Arbitration and Mediation Services,Inc.... Builders of Bridges ...FEATURED PANELISTSTIM CORCORAN RON WHITE STEVE WEINBERG M. WAYNE TUCKER LEIGH HARPER JAMES MCKANNATop 50 NeutralsinCaliforniaCommercial andConstructionCasesMedical Malpracticeand PersonalInjury CasesPast-PresidentSan BernardinoCounty Bar Assoc.RespectedInland EmpireAttorneyCommercialandTort CasesHarvard &PepperdineHarvard &PepperdinePepperdine Pepperdine PepperdineRAMS LOCATIONS• Palm Desert• Ontario• Redlands (main office)~ THE CONFLICT RESOLUTION SPECIALISTS ~For scheduling, contact Tracie Grossi (909) 798-45541710A Plum Lane • Redlands, CA 92374-0100www.mediate.com/rams • email: rams@mediate.com


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Financial review,proforma financial statements to get realistic client picture.Discreet, reliable, references. Will travel, reasonable hrlyrates. Contact Thomas: thomasbroker@roadrunner.comWORKER’S COMP DENIED? We can write your “medicalnecessity” letter and obtain peer review within 48 hours. Over4000 cases reviewed. Ted Wyman, MD 909-725-6866.LEGAL NURSE BETTY REVIEWS MEDICAL RECORDS.Our team takes boxes (or boxcars) full of Medical Records,turning them into effective, unbiased, attorney-friendly workproducts. Legal Nurse Betty, Inc., a Certified Legal NurseConsulting Firm, is dedicated to quality work and long-termbusiness relationships in the San Bernardino County area. Call951-551-4722 or LegalNurseBetty@roadrunner.comJUDGMENT COLLECTION California courts have inherentand statutory power to compel obedience to their judgments,orders & process. CCP 128(a)(4), 177; Professional judgmentenforcement since 1999. Steve Alldis, JD 760-946-5259.MORTGAGE FINANCE EXPERT: Teresa Tims, SeniorMortgage Consultant w/ South Pacific Financial, a MortgageBanker in the Inland Empire for 25 years, Is available toconsult with your clients when a home loan professional Isneeded. Teresa specializes in residential mortgages of alltypes; FHA,VA,Conv., CalPERS, CalStrs, CalHFA, HART. VisitTeresa 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 personcourt appear. in Riverside County (Indio) and San Bdno County(Redlands) or other court-call appear. at other locations. CallFlint 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. forresearch/writing projects, law & motion, depos, discovery, andappearances. 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 electronicdata using court-validated tools & techniques. Expt. analysisof collected data; depo & trial testimony. Call for competitiverates schedule: Intelligent Computer Forensics, Inc; 2330 LaMirada Dr, #500, Vista, CA 92081. (760)599-7033; Toll Free:(800)760-4237. Email: GTurner@ICForensics.comFAMILY LAW /CIVIL LIT. ATTORNEY avail. for contractwork: court hearings, research, trial assist., prep of motions,mediations. Ugo-Harris Ejike: 909/890-9082.FORENSIC DNA TESTING - Human IdentificationTechnologies, Inc., 2-4 wk turnaround time w/single scientistrepresentation & extensive law enf. lab exp. Court ready DNAtesting results. Free Est. 909/557-1828. Located in Redlands,CA. HITDNA.com or info@hitdna.comLEGAL SECRETARY, Ellie’s Legal Secretarial Service, 350 W5th St., #202, S.B. CA, 35 years exp. Prep of most court forms,Guardianships, Fam Law, Evictions, Grant Deeds, RestrainingOrders, Notary Public. 909/885-1725.INVESTIGATIONS: Nat’l Intelligence Group Inc. We offerbackgrounds, witness locates & statements, custody,domestic. Visit our web site: www.mypinow.com or call:909/447-8458.CIVIL AND CRIMINAL APPEALS & WRITS. Stanley W.Hodge, Attorney at Law. 15490 Civic Dr. #204 Victorville, CA92392 760/951-8773.OFFICE SPACEFOR RENT: Small office and optional secretary space availableclose to Riverside Courthouses. Starting at $500.00. Includesreceptionist, conference room, access to firm’s library resources, freeparking, all utilities (except phone), and storage space. Professionalenvironment. Ideal for an attorney or CPA. We also provide virtualoffices and conference room rentals. Please CALL 951-369-9300 andask for the office manager for more information.DOWNTOWN REDLANDS OFFICE SPACE AVAILABLE. Office withview and receptionist/waiting room area available. Shared conferenceroom. Fully maintained building located in the Citibank Buildingdowntown Redlands. $1,500 per month. Great space for attorney,accountant, insurance, or professional. Attn. Office Manager, BettyAuton-Beck, A Professional Law Corporation, 300 E. State Street,Suite 200, Redlands, CA 92373, E-mail: bauton.beck@verizon.net orlisa.stinson@verizon.net, Tel. (909) 792-5882; Fax: (909) 792-5150.BANKRUPTCY, CIVIL OR CRIMINAL ATTORNEYS: Need a placeto meet your high desert clients, but don’t need a fulloffice? Single designated office avail. in small family lawfirm - reasonable monthly rate.One block from V.V. Crthse.Secretarial services not inc. Call Jenine at 760-245-3220.FOR RENT: Directly across street from VictorvilleCourthouse. 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., acrossfrom the court house. Office space avail. 250 to 7500 sq.ft.Well main. bldg w/County, Law offices and Court offices.Ample parking. 800/398-4210.OFFICE FOR RENT - FURNISHED. Spacious Redlandsoffice, furniture included, kitchen/conference room privileges,internet access, fax/copier use available. Secretarial spacealso available. Contact 909/798-7911.OFFICE SPACE FOR RENT Legal office suite with mtn view;3 attorney offices, secretarial, reception, and kitchen. Fullyfurnished and decorated; computer, copier and phone canbe included. Prime downtown San Bdno location; walkingdistance from San Bdno Court. Secure building with parking.Please contact Aurora Alonzo at 909/888-2211.RANCHO CUCAMONGA OFFICE SPACE available.Walking distance to the Ranch Cucamonga Superior CourtHouse. 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. ContemporaryLive/Work units on Market St., blocks away from the InlandJustice Center. Professional office suites 185-615 squarefeet with attached 2BD/2BA beautiful upgraded apartmentand 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. ftavailable on ground floor for owner/usesr occupancy. Asking$1,500,000.00. Will review all offers. Roger Thompson,Wallendar Commercial RE. 909/792-3550 X 2.DOWNTOWN OFFICE SPACE! 2055 sq ft of exec. officespace for lease on 2nd flr of downtown bldg. 4 private officeswalking distance of county courthouse. $2800 mo. inc. elec.,water. Disc. rates for long term lease. Also 2 individual officeson 1st floor avail. for $250/mo. Contact RC Chavez at 909/224-4926 or rc@rcchavez.com.COLTON PROF’L OFFICE BLDG. Exec. Suites avail. forlease on a full services gross basis. Lease inc. min. recept.duties. Great space for atty., accountant, ins., escrow, or prof’luser. 595 N. La Cadena Dr., Colton, CA. Roger Thompson,Wallender Com’l Real Est. 909/792-3550 x2.EMPLOYMENTTEMPORARY ATTORNEY POSITION CITY ATTORNEY’SOFFICE, CITY OF SAN BERNARDINO. The San BernardinoCity Attorney’s Office is seeking an experienced civil litigatorto handle a litigation caseload on a temporary basis forapproximately four months during the summer of 2010.Public entity experience is preferred. Salary commensuratewith experience. For application, contact the Office of theCity Attorney, 300 North “D” Street, San Bernardino, CA92418, (909) 384-5355. Resumes will not be accepted inlieu of applications.SEEKING ESTATE PLANNING AND CORPORATEPARALEGAL. Redlands Law Office seeks F/T estateplanning/corporate paralegal w/minimum 2 years’experience in drafting estate planning documents, deedsand preparing all transactional documents related tocorporations, partnerships, LLCs and annual documents.Must be organized, have excellent writing, verbal skills.Compensation commensurate w/experience. Submitresume 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.EXPERIENCED ESTATE PLANNING PARALEGALneeded to assist with preparation of Trust and other EstatePlanning documents. Must be familiar with the CAPSprogram. Please fax resume to 951-369-9310.ASSOCIATE ATTORNEY Rancho Cucamonga Litigation Firmseeks attorney. Newly admitted up to one year attorney forlaw and motion, court appearances, discovery and handlingof files. Competitive salary & benefits. Please fax resume withwriting sample to 909-477-3272.NOTICESCONFIDENTIAL HELP Judges & Attys in trouble w/alcohol,drugs. 909/683-4030, 24hrs-7 days wk.SBCBA Members: Advertise FREE for 3 mo. in Classifieds.Continue ad for $10 per month in advance. 909/885-1986 oremail bulletin@sbcba.org.Conference Room available for depos, etc. at SBCBAoffice. 1 block from courthouse. Discount rates to SBCBAmembers. Call 909/885-1986.WANNA GET AWAY WITH MINIMUM DRIVING TIME?Beautiful 2,200 sq ft retreat in GreenValley Lake. 3 Bdrms,2 full baths, fireplace. Sleeps 12-14. Huge pool room withregulation table, dart board, card/game table. Cable TV. Fullkit w/ all amenities. All linens included. Big backyard; outdoorSpa 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 daystay gets one free night. (Special rates may be available inSpring - call for information.) To reserve your weekend, call909/867-4182. (See photos here: http://www.vrbo.com/133847#)


May 2010“The oldest continuously active bar association in California”15 + 4+ B B CDD !& 4% 1-.>.,> .-.*)+ E !"#$%"&' &(' )% * + "+, "+-- .-.$/01 & 213.)%#$01 4)51.. )61..)%#7018#70%8"701( & ,1.. )9-....+4-.( )'1/% )1)9325..'':+;


16 San Bernardino County Bar Association May 2010BULLETINof theSan Bernardino CountyBar Association“California’s Oldest Continuously ActiveBar Association”Organized December 11, 1875In Affiliation with theHigh Desert Bar Association2009-2010 Board of DirectorsOFFICERSThomas W. DominickPresidentJohn S. LowenthalPresident-ElectKhymberli S. ApalooVice-PresidentBradley R. WhiteSecretary-TreasurerMichael A. ScafiddiImmediate Past PresidentWorkers’ Compensation/Social Security Disability Issue?Laurence R. LernerMAYBE WE CAN HELP!We have over 50 years experience inrepresenting injured and disabled workersbefore the Workers’ Compensation AppealsBoard and Social Security Administration. Ifyou have clients who need help with Workers’Compensation or Social Security problems,please have them call our office for a freeconsultation. We pay referral fees in accordancewith State Bar Rule 2-200(A).Francisco T. SilvaWORKERS’ COMPENSATION LAW CERTIFIED SPECIALISTSSTATE BAR OF CALIFORNIA / BOARD OF LEGAL SPECIALIZATIONLerner, Moore, Silva, Cunningham & RubelPh: 909/ 889-1131• Fax: 909/884-5326141 North Arrowhead Avenue, Suite 1San Bernardino, California 92408-1024www.injuryatwork.comDIRECTORS-AT-LARGEHon. Diane I. AndersonKevin B. BevinsG. Christopher GardnerJennifer M. GuentherBarbara A. KeoughMatthew A. MarnellSandy L. TurnerJohn R. ZitnyExecutive DirectorClaire E. Furness“The mission of the San Bernardino County BarAssociation is to serve its members andthe community and improvethe system of justice.”555 North Arrowhead AvenueSan Bernardino, CA 92401-1201(909) 885-1986 Fax: (909) 889-0400E-mail: bulletin@sbcba.orgWeb: www.sbcba.orgThe Bulletin of the San Bernardino County BarAssociation is published 11 times a year. Ourcirculation is approximately 1,100, including: our barmembership of 900, 95 state and federal judges, state&local bar leaders, legislators, media, and businessesinterested in the advancement of our mission.Articles, advertisements and notices should be receivedby the bar office no later than the fifteenth of the monthprior to the month of publication. For current advertisingrates, please call the number listed above. Please directall correspondence to the above address.

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