May issue of CITATIONS - Ventura County Bar Association

VCBA MISSION STATEMENTTo promote legal excellence, highethical standards and professionalconduct in the practice of law;to improve access to legalservices for all people inVentura County; andto work to improve theadministration of justice.M A Y – T W O T H O U S A N D E L E V E NBy Kevin Daly Page 4JUDGE WRIGHT DISCOVERS THEBENCH’S PRIVILEGES AND CHALLENGESJoseph L. StrohmanCarol MackMatthew P. GuascoJoanna L. OrrDon NelsonJessica ArciniegaNatalie PanossianChristina S. StokholmSTEVE HENDERSONLAW DAY 5K RACE: THE 28TH ANNIVERSARY 3TORN BETWEEN TWO LOVERS: NURSING AND LAW 7MEDIATING PROBATE, TRUST & CONSERVATORSHIP DISPUTES 11JUDGE REISER EMBRACES TECHNOLOGY 12AN ALTERNATIVE TO RELIEF FROM STAY: MEET HAFA 16HONORING HISTORY IN THE MAKING 18LETTER TO THE EDITOR 19BARRISTERS’ CORNER 22Classifieds 25EXEC’S DOT... DOT... DOT... 22JOIN US ON FACEBOOK - VENTURA COUNTY BAR ASSOCIATION

LAW DAY 5K RACE: THE 28TH ANNIVERSARYBy Joe Strohman, Race Director/Bar PresidentMAY 2011 • CITATIONS 3On May 21, we celebrate the 28thAnniversary of the Law Day 5K (www.lawday5k.com). I’ve been there all 28 yearsas either a runner or race director. Here’s alittle race history from my recollection andSteve Henderson’s historical research.I came to Ventura in 1983 and rememberJudge Fred Bysshe telling me about a “new”5/10K race that was taking place that year.That was when I was in better shape andactually ran in the race. That year we had abig crowd of 150–200 runners and both a5K and 10K race.Genie Gable of Noon & Pratt CourtReporters conceived and organized therace that first year. Genie awarded large“revolving trophies.” The winner each yearhad their name engraved on the trophy andall trophies were returned and reused eachyear. A lot of runners like Rob Sawyer andHoward Asher took pride in winning backthe trophy each year. We retired the trophiesaround 2000.After the first year, Genie said the racewas a lot of work and asked for help fromthe Ventura County Bar Association. PhilMoncharsh, Justice Steve Perren, DonnaDePaola and I formed a committee in 1984to help out.In 1985, the race committee included GregTotten, Phil Moncharsh, Donna DePaola,Robert Owens, Terry Ayala, Gigi Keller,Karen Kurta and Carol Shively. Later,Irene Abbey of Noon & Pratt (later CorpusJuris) became a key sponsor. Irene was a hardworker and valuable committee memberfor many years. The Ventura County LegalProfessionals Association and VenturaCounty Paralegal Association have providedrace volunteers every year and have made amajor contribution to the race.For years, Greg Totten and I used to“chalk the course” the day before the race.Dave Cunningham, Doug Kulper andmy daughters Olivia, Hannah and Marieperformed this task for years as well. A policeofficer once pulled over and questioned meat length about marking up the sidewalks.The race budget in 1988 was $1,319. Thatyear, the race generated a profit of $168.18.We have done much better over the past tenyears. Since 1998 the race has contributedmore than $40,000 in proceeds to theVCBA’s Volunteer Legal Services Program.We hope to raise more in the future.The most significant evolution the race hasexperienced is the corporate underwriting.In addition, in 1993 we added Race Patronswho paid $100 to have their names on theshirts and help increase revenue. Thoseoriginal 11 are a who’s who in the Venturalegal community. Also, Lawyers’ Mutual,as the primary benefactor and lead racesponsor, generously donates $2,500 eachyear. Additionally, there are more than 30other businesses and firms that provide eithercash or in-kind services. We now have loadsof raffle prizes and giveaways at the race.Take a look at our race flyer for all of thesponsors who make the race possible.After 25 years, some things are predictable,but others occur simply as surprises andglitches. One year, despite the clear markings,five or so runners took a “big” wrong turnand ended up at the finish line ten minutesearly. I was just thankful no one else wasfollowing them.There have been freezing conditions, fogand rain. But usually we get those greatsunny May mornings perfect for a run.We’ve had religious debates, too. For yearsthe race was held on Saturday. In an effortto try to attract more runners, we moved to aSunday in 1989. Several lawyers voiced theirobjections to a Sunday race. Several yearsago we switched back to Saturday.We’ve had pancake breakfasts and barbecues.We’ve had live bands (Old Country TrioPlus One) and a DJ (Big Ed). Yes, we havehad some really fast runners. The 5K courserecord was set in 1987 by Jim Tripplett ata blistering time of 14:54 until MichaelChavez of Fullerton lowered it to 14:24 in2010. Gary Tuttle and his wife Ruth havejumped in the race many years and usuallypush the pace.Virtually all walks of life have participatedin our event over the years. Judges, lawyers,police officers, legal secretaries, highschool and college students, and the legalcommunity. We promote countywide andnow nationwide, but the vast majority ofparticipants have a legal connection. It isstill great to see entire families appear, runand have fun. The race has always been afun family event. Judges Back, Bysshe,Cloninger, Cody, Curtis, Kellegrew,Long, McGee, O’Neill, Reiser, Johnson,Lewis, and Hadden have crossed the finishline. Justices Stone, Perren, Yegan, andJudge Young have as well. I don’t reallyknow if anyone has made all our races. I doknow there are some automatics. WendyLascher, Bart Bleuel, Howard Asher, JohnScoles, Joe O’Neill, Rob Sawyer, DavidCunningham, Don Hurley, Mike O’Brien,David Praver, Joe Hadden, DennisLaRochelle, Susan Siple, and Amy Albano.Inside Track and Gary Tuttle, and JoshSpiker were with us for 25 years as the officialtimer and supporter of the race. In 2010 weswitched to chip timing with SB Timing.Continued on page 5

Collaborative Family LawProfessionalsTransforming family law into a collaborative process• Private• No court battles• CollaborativeCollaborative Family LawyersLeonard AlexanderPaul BlatzTerry Anne BuchananEd BuckleRebbecca CalderwoodJohn CastellanoSteve DebbasDouglas GoldwaterThomas HutchinsonPatricia LamasJan LoomisPatti MannJulianna MarcielDavid MasciEdward MatisoffJeanne McNairPaul Miller• Creative• Win-win climate• Clients in chargewww.collaborativefamilylawyers.comCollaborative Family Lawyers, Inc.Steve MitnickMark NelsonMarsha NiedensGary NorrisGuy ParvexMichael PercyBarton PokrasDavid PraverRichard RabbinRichard RossDonna SantoKeri SepulvedaHillary ShankinSylvia SotoRandall SundeenRichard TaylorMarguerite Wilson• Faster• Child sensitiveAllied ProfessionalsMental Health ProfessionalsRobert Beilin, Ph.D.James Cole, Ph.D.Deborah Huang, LCSWNancy Lopez, MFTDiana Nolin, Ph.D.AccountantsSusan Carlisle, CPAWayne Lorch, CPAVocational ConsultantGabrielle DavidLAW DAYContinued from page 3MAY 2011 • CITATIONS 5Judge David Long has been acting as Masterof Ceremonies for many years and hasbecome a welcome race fixture in that role.I would like to acknowledge the racecommittee members this year. They are:Cyndi Adams, Bret Anderson, SteveBlum, John Cross, Alice Duran, BarbaraGutierrez, Doug Kulper, Olivia Newton,Don Zrehigian, Joe Wells and SteveHenderson. Our lead cyclist is DaveRedmond. Our official race photographer isagain Craig Bates of Telegenics. The startingofficial this year is Ventura County SheriffGeoff Dean.This year we will also feature and promotethe many efforts of Cops Running forCharity (CRFC) and the Big Brothers BigSisters of Ventura County at our event.The 28 th Annual Law Day 5K Race Walk isSaturday, May 21, beginning at 8:30 a.m.at the County Government Center. You canrun or walk the 5K and join your kids forthe one mile fun run which follows. Thisrace has great raffle prizes, gifts and lots ofgood food. The very generous Ortiz family,owners of El Pescador Restaurants, will againbe providing free breakfast burritos. Ourrace is considered by many to be one of thebest in the County. We think it is the bestin the County.Registration materials are available at ourwebsite created and managed by BretAnderson of our firm. The web addressis www.lawday5k.com. Our lead racesponsor is again Lawyers’ Mutual InsuranceCompany. You can see a list of all oursponsors on the race flyer, the website andour race day banners. We thank then all.Registration flyers are also available inCITATIONS or by calling the bar office at650-7599. Please come and join us for the28th Annual Law Day 5K. See you at thestarting line.Joe Strohman is the president of the VenturaCounty Bar Association and a partner atVentura-based Ferguson Case Orr Paterson, LLP.

6 CITATIONS • MAY 2011BAR LEADERSHIPADR SECTIONMichael Wolfram 491-2770ANNUAL DINNEREric Reed 648-3228ASIAN BARJohn Fukasawa 383-2788BANKRUPTCYMichael Sment 654-0311BARRISTERSChristina Stokholm 987-4975BENCH/BAR/MEDIA COMMITTEEJudge Glen Reiser 654-2961BENCH-BAR RELATIONS COMMITTEEMatt Guasco 256-4972BLACK ATTORNEYS ASSOCIATIONAlvan Arzu 654-2500BUSINESS LITIGATION SECTIONErik Feingold 644-7188CITATIONSWendy Lascher 648-3228CLIENT RELATIONSDean Hazard 981-8555COURT TOUR PROGRAMThomas Hinkle 656-4223CPA LAW SOCIETYDouglas Kulper 659-6800EAST COUNTY BARBret Anderson 659-6800FAMILY LAW BARDouglas Goldwater 659-6800INTELLECTUAL PROPERTYChris Balzan 658-1945J.H.B. INN OF COURTDavid Lehr 477-0070JUDICIAL EVALUATION COMMITTEELinda Ash 654-2580LAW LIBRARY COMMITTEEEileen Walker 444-6308MEXICAN AMERICAN BAR ASSOCIATIONRebeca Mendoza 641-0253PRO BONO ADVISORY BOARDDavid Shain 659-6800PROBATE & ESTATE PLANNING SECTIONCheri Kurman 654-0911REAL PROPERTYRamon Guizar 988-8365SILENT AUCTIONDonald Hurley 654-2585VCBA/VLSP, INC.Joseph Strohman 659-6800VLSP, INC. EMERITUS ATTORNEYSVerna Kagan 650-7599VC TRIAL LAWYERS ASSOCIATIONJames Prosser 642-6702VC WOMEN LAWYERSJill Friedman 644-7188VCBA STAFF 650-7599Steve Henderson - Executive DirectorAlice Duran - Associate Executive DirectorCelene Valenzuela - Administrative AssistantAlejandra Varela - Client Relations ManagerVerna Kagan, Esq. - VLSP Program ManagerPeggy Purnell - CTP CoordinatorJudith Logan - Development DirectorSpecializing inLegal PlacementLegal Staffing and Executive RecruitmentExpertise • Experience • EfficiencyServing the recruitment needs of lawyers and law firmsfor more than 30 years with integrity and confidentiality!Kathi Whalen, CACPresident & FounderFocused Recruitment& Staffingkathi@whalenbryan.com805.443.8422 • www.whalenbryan.comMEDIATION/ ARBITRATORMEDIATION/ ARBITRATORRichard Richard M. M. Norman• 40 years litigation experience-AV rated.• Personal injury, business, construction, employment, real estate,probate/trust, partnership and corporate disputes and dissolutions• Member: American Board of Trial Advocates• Past president Ventura County Bar Association and Ventura CountyTrial Lawyers Association• American Arbitration Association and NASD arbitrator• Trained Mediator– Pepperdine University Straus Institute• Reasonable fees and flexible scheduling. No administrative charges.Richard M. NormanOf CounselNorman Dowler, LLP840 County Square DriveVentura, California 93003-5406(805) 654-0911 RNorman@normandowler.com• 40 years litigation experience-AV rated.• Personal injury, business, construction, employment, real estate,probate/trust, partnership and corporate disputes and dissolutions• Member: American Board of Trial Advocates• Past president Ventura County Bar Association and Ventura CountyTrial Lawyers Association• American Arbitration Association and NASD arbitrator• Trained Mediator– Pepperdine University Straus Institute• Reasonable fees and flexible scheduling. No administrative charges.

MAY 2011 • CITATIONS 7TORN BETWEEN TWO LOVERS: NURSING AND LAWBy Carol MackThere is a story told by Richard Carmona,the Surgeon General of the UnitedStates under President George W. Bush.Dr. Carmona was a registered nurse beforehe became a physician, and when PresidentBush said that he had appointed him, inpart, because he was a former nurse, he toldthe President, “Sir, there’s no such thing as a‘former nurse.’ I am a nurse. Once a nurse,always a nurse!”I also am a nurse. I’ve been a nurse for over30 years, and I will always be a nurse. Ofcourse, I am also an attorney now. And I lovethe law. And I love nursing. Sometimes Ifeel downright schizophrenic.One of my nursing students interviewedme for a student publication and asked if,knowing what I do now, I would have chosenlaw over nursing as a first career. I repliedthat I was glad to be a nurse first, and that istrue. My nursing career has taught me howto solve problems, how to deal with chaoscreatively, and how to approach even thestrangest people compassionately. Qualities,I might add, that are also helpful in law.Nursing and law are not that different. Bothare recognized as professions in that theyrequire a specialized set of knowledge andskills that are used in the service of others,adhere to a code of conduct, and engage inself-regulation.Both professions involve specializedknowledge and skills, which are acquiredduring training. We learn a body ofknowledge contained in textbooks andresearch papers or cases, and we learn aspecific problem-solving approach. Justas law students use IRAC to analyzeproblems in law school, nurses use thenursing process to approach problems innursing. In fact, the nursing process, whichconsists of assessment, diagnosis, planning,implementation, and evaluation, is suchan integral part of nursing practice that itactually comprises the legal definition ofcompetent nursing practice in California.Nursing and law are both governed by acode of ethics. Attorneys must comply withthe Rules of Professional Responsibilityand nurses must follow the Code of Ethicsfor Nurses. And just as an attorney has aresponsibility to her clients, a nurse’s primaryresponsibility is to her patients. Provision3.5 of the Code reads: “As an advocatefor the patient, the nurse must be alert toand take appropriate action regarding anyinstances of incompetent, unethical, illegal,or impaired practice by any member of thehealth care team or the health care system orany action on the part of others that placesthe rights or best interests of the patientin jeopardy.” In practice, this means that anurse is obligated to refuse to carry out anorder that puts a patient at risk. I personallyknow of several cases in which a nurse hasliterally saved a patient’s life by refusing tofollow inappropriate doctor’s orders.Both professions are respected as well,nursing more so than law. People will turnContinued on page 8Sometimes numbers arethe only prints left behind.Arxis Financial is a proven forensic accounting and litigationspecialist. We will examine the financial data and help youdetermine the “bottom line.” Arxis provides financial andvaluation analysis needed to resolve a variety of legal disputesfrom family court to civil, criminal, and probate courts. In manycases our experts can help you reach a settlement. If trial orarbitration is required we give you the support you need to win.Chris Hamilton, CPA, CFE, CVA805.306.7890www.arxisfinancial.comchamilton@arxisgroup.com0518_AX_citations_01_r1.indd 112/5/06 1:25:55 PM

8 CITATIONS • MAY 2011TORN BETWEEN TWO LOVERS: NURSING AND LAW Continued from page 7to lawyers when they really need help, butthey actually trust nurses. Nursing hasconsistently been named the most trustedprofession in the Gallup poll. Lawyers,on the other hand, rank 16th – but stillhigher than members of Congress and carsalespeople.Both professions may involve dealing withpeople at their worst. Nurses care for patientswho are physically ill and cranky; gettingsick, in my opinion, has never improvedanyone’s personality. However, attorneysalso deal with messy situations and clientswho are not pleasant or sympathetic. Andjust as attorneys are limited in their abilityto permissively withdraw representationof a client, once a nurse accepts a patientassignment, he must not abandon hispatient. Nurses have cared for both shootersand their victims in the same ICU. I oncecared for a cancer patient who told me calmlythat the reason he had knocked out two ofhis wife’s teeth was that he “had to teachher.” Although I was repulsed by his actionsand attitude, I continued to care for him.As difficult as that may be, we are remindedthat just as every accused person deserves avigorous defense, every sick or injured persondeserves excellent nursing care.Of course, there are differences in the twoprofessions. Nursing involves hands-oncare and except for some hand-holding, lawdoes not. A client consulting an attorneyis not usually required to disrobe, which isprobably a good thing. Still, she may findherself exposed in other ways once she startssharing information with her attorney.In the end, this is probably where the twoprofessions converge. Both afford us theprivilege of serving people in their mostvulnerable moments, and both allow us to beinspired by the resiliency of the human spirit.So what is an old oncology nurse doing as anattorney? Well, it’s been a long strange trip.The short story is that I was recruited awayfrom clinical practice to work for Amgenand found myself after a few years in theRegulatory Affairs Department, where I wasfrequently involved in negotiation with theFDA about new products. The FDA, as youmay know, is significantly under-resourced,but it has lots of lawyers. It seemed to methat I should go to law school myself so asto level the playing field. I did not intend topractice as an attorney but to acquire moreskills to help me with my work. Then, whenAmgen downsized, I was offered moneyto leave and I did, but by that time, I hadfallen in love with the law as I fell in lovewith nursing.Now I teach nursing part-time and practicelaw part-time. I try not to confuse the two,but sometimes I tell my disability client toput his legs up to reduce the swelling andI always tell my nursing students to carrytheir own malpractice insurance. And still,I continue to do what I’ve always done –work toward the best possible outcomes formy clients.Carol Mack is a nurseand an attorney withan elder law practice inVentura.FAMILY LAW AND PROBATE DISPUTE RESOLUTIONSResolve Litigation Issues Quickly and EfficientlyLEONARD ALEXANDERMediator/Arbitrator• Certified Family Law SpecialistCalifornia Board of Legal Specialization• Over 40 Years of Litigation Experience -AV Rated• Thirteen Years Served as Probate Referee for Ventura County• Court Appointed Expert - Family Law Disputes, BusinessValuations, Discovery Referee• Flexible SchedulingONE BOARDWALK, SUITE 200THOUSAND OAKS, CA 91360PHONE 805-497-0802 • FAX 805-494-7898E-MAIL: acmw.la@verizon.net

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MAY 2011 • CITATIONS 11MEDIATING PROBATE, TRUST & CONSERVATORSHIP DISPUTES:NEW APPROACHES TO OLD CHALLENGESBy Matthew P. GuascoProbate, trust and conservatorship disputesare challenging to successfully mediate. Thisarticle examines some of the techniques today’smediators use to help resolve these high-conflictdisputes.Pre-Mediation PreparationThe mediator’s pre-mediation preparation inprobate, trust and conservatorship disputesshould involve the following:(1) receiving and reviewing briefs concerning thenature of the dispute and the parties’ respectivelegal and settlement positions;(2) contacting the attorneys and anyunrepresented parties to gain more insightinto the conflict and information necessary tocrafting the mediation process;(3) reviewing petitions, oppositions, accountings,health care provider reports and declarations,and other information essential to betterunderstanding the perspectives of the parties.This preparation can reveal informationinvaluable to shaping a successful mediationprocess, including: the history and currentstatus of the relationships, if any, between theparties; issues of capacity; the parties’ tolerancefor face-to-face communication; whether themediation should begin in a joint session or inprivate session; the history of any settlementnegotiation; who made the last move in thenegotiation; who should make the first moveat the mediation; the material issues uponwhich the parties agree in principle; those issuesupon which agreement has proven elusive; thepersonalities of the participants; who the keydecision-makers are; what flashpoints to avoid;whether the participants previously enjoyed agood or bad relationship; any accounting issues;any fiduciary duty issues; care and placementissues concerning conservatees; court and trusteeapproval issues; and the participants’ objectivesand goals for the mediation.Effective Use of Joint SessionsSome mediations benefit from the mediator’s useof the private caucus/shuttle diplomacy modelof transmitting offers from one room to theother. This model has its virtues: It minimizesposturing and adversarial conflict between theattorneys; it makes competitive negotiatingeasier; it gives the mediator the opportunity toprivately challenge the participants’ unrealisticexpectations; it permits the parties to vent andshare their interests in a safe environment; andit gives the mediator control over the process.This approach to mediation, however, does notwork well with probate, trust and conservatorshipdisputes. Nearly all such disputes involve familyrelationships. Often, these relationships areongoing no matter how dysfunctional theyare. A completely private caucus approach tomediation may deal well with the legal andmoney issues to be negotiated, but it does notaddress the underlying emotions driving theconflict or the effect of that conflict on theparties’ ongoing relationships. Those emotionsfind a way of influencing the negotiation nomatter how vigorously the mediator and thelawyers may want to avoid them. If they areignored and not managed well, these emotionsscuttle settlements.Much of the emotional energy in probate, trustand conservatorship mediations can be ventedby the mediator meeting privately with thegroups of clients and attorneys, but not all ofit. Two adult children of the conservatee mayharbor very negative views of each other whichimpede their cooperation in caring for theirparent. There may be resentments which havefestered through avoidance. These two partiesmay want resolution of these feelings, includingacknowledgment or reassurance from each other,accountability, or an apology. They may look tothe mediation for that payoff. A private caucusmodel cannot give it to them.Instead, the two siblings may meet in jointsession with the intervention and assistanceof the mediator and in the presence of theircounsel. This meeting may get heated anddifficult. But it may need to occur in orderfor both parties to feel heard, vindicated, orreassured. This may need to play itself out beforethe siblings can move to rational negotiation oftheir differences. A mediator with the trainingand experience to help the parties through sucha joint session brings them closer to a negotiatedagreement by which they will both abide.There are, however, some simple rules mediatorsshould follow when conducting joint sessions:don’t spring them on the participants the dayof the mediation, prepare the participants aheadof time; don’t do them unless the participants,including all attorneys, are comfortable withthem; have a specific objective to be served bythe joint session and stick to it; do not signal,directly or indirectly, that one party’s position isstronger than another’s during the joint session;identify and enforce the ground rules (e.g., nointerrupting, polite and constructive language,no abusive language or behavior, the mediatorwill step in as needed to keep the process ontrack, the mediator will end the joint sessionin his or her judgment if needed); keep theparticipants focused on the ultimate goals andobjectives of the mediation; identify issuesupon which the parties agree and those uponwhich agreement has yet to be achieved; remindthe parties that conflict is normal and can bemanaged by them in a constructive way in orderto achieve resolution of the dispute; and alwaysend the joint session on a productive note.Participation of Non-DisputantsOften, probate, trust and conservatorshipdisputes involve a variety of complex issuesrequiring expert guidance, including thatpertinent to accounting, tax, financial,placement, and medical issues. Increasingly,mediators ask that accountants, professionalfiduciaries, investment advisors, guardians,and physicians be available either in personor by telephone to provide the participantswith information necessary to make informeddecisions during the mediation. This caneliminate disputes and provide the parties withinformation necessary to resolution.These are only some of the techniques mediatorsuse to help resolve today’s probate, trust andconservatorship disputes. They may not bespace-age, but they are effective departures fromthe old-style settlement conference approach.Matthew P. Guasco, apast president of the VenturaCounty Bar Associationand former civil trialand appellate attorney,is a full-time mediatorand arbitrator exclusivelywith Judicate West. Hehas extensive experience litigating and mediatingprobate, trust and conservatorship disputes.

12 CITATIONS • MAY 2011JUDGE REISER EMBRACES TECHNOLOGYBy Joanna L. OrrBefore sharing his vision for the seamlessoperation of Department J6, Judge GlenReiser took a few minutes on Wednesday,March 23 to explain to the Estate PlanningSection of the Ventura County BarAssociation why he has only spent oneweek in the department since the beginningof the year. A current member of theCalifornia Case Management SystemAdvisory Committee/Technical Committee,Judge Reiser gave a brief glimpse of how thepaperless court system will work and why heis a proponent of it. The system will makefiled documents available online throughan attorney portal, thus obviating the needto travel to the courthouse to obtain copies.Ventura County was selected as an earlyadopter and is scheduled to implement thetechnology in 2012. Once the system isimplemented statewide, multi-jurisdictionalpractitioners will benefit from being ableto access case files from all 400 Californiacourthouses.While practitioners wait for the electroniccourt system to be implemented, JudgeReiser promises to work towards improvingjudicial efficiency and making the practiceof law less stressful. He believes issuingtentative rulings one week prior to thescheduled hearing provides one key toachieving this. In turn, he expects attorneysto file any necessary verified supplementsprior to the hearing date. As a reward, if thesupplement remedies the issues identifiedin the tentative, he will grant the motionwithout requiring counsel to appear. Ifcounsel elect not to appear at the hearingand someone appears to contest the petition,Judge Reiser will continue the hearing toallow all sides to appear.The key to this procedure, which wouldminimize the number of visits to the JuvenileJustice Center, is that counsel submitproposed orders with their motions. At thelatest, the proposed order should be sent viaemail the morning of the hearing, as soon ascounsel returns to his or her office. JudgeReiser will sign the order, a conformed copyof which can be obtained from the clerk.On the other hand, if counsel does not file asupplement that cures the issues identified inthe tentative, Judge Reiser will not be happyabout granting a continuance.Judge Reiser believes that his job is as aconduit for our clients’ estate plans and notan impediment thereto. But he takes his oathas a judge seriously and personally reviews

MAY 2011 • CITATIONS 13each file. He does not now and does not planin the future to rely on a probate attorney orsimply rubber-stamp someone else’s orders.As a result, when a continuance is granted,he must review the file again before the nexthearing; he hates continuances and the wasteof judicial resources they cause.Having experience in private practice, JudgeReiser is sympathetic to an attorney’s effortsto be paid for his or her work. But, JudgeReiser is disinclined to award attorney’sfees to counsel for estates that are morethan two years old. Further, he believesthat extraordinary fees are warranted onlyin certain circumstances. Examples ofappropriate circumstances for extraordinaryfees are Estate Tax Returns (Form 706) or,perhaps, the sale of real property. But, in thecase of the sale of real property, $2,000 is theballpark of what is reasonable.Judge Reiser views bonds as helpful and hasnever met a bond he did not like. He favorsbonds because, in his experience, there isvirtually no defense to an action on bond.In fact, even if a will provides for a waiver ofbond, if the executor or executrix is out ofstate, he may exercise his discretion in favorof requiring a bond. Further, he encouragespractitioners to embrace bonds and be waryof requesting bond waivers from beneficiarieswho are not clients and are not representedby individual counsel.As a final piece of advice, Judge Reiserreminded the probate and estate planningattorneys that when the court orders anaccounting by a certain date, it is not asuggestion. He urges attorneys to abide bydeadlines scheduled by the court.Joanna Orr is anassociate at FergusonCase Orr Paterson LLPin Ventura. Her practicefocuses on taxation,with an emphasis onbusiness transactions,nonprofit organizationsand real estate.Trusted Experience. Real Results.Accident ReconstructionMarc A. FirestonePh.D.Katherine J. Edwards, Esq.To find out more about PMA or view our neutrals’ profiles, contact us at:www.pma-adr.com or 877.678.1010Irvine • Los Angeles • San Francisco • San Diego • Inland Empire • Century City • Sacramento • Las Vegas“I approach forensic engineeringnot as a narrow vocational activitybut as a scientific inquiry.”Objective Analysis and Scientific IntegrityCombines over 20 years of experience as a professional researchscientist with a 40 year old forensic engineering firm. I have handledhundred of cases in:■ Vehicular accident reconstruction■ Slip/Trip falls■ Product defects■ Fires■ Unusual cases requiringa broad scientific background© 2011 PMA is a Sarnoff Company.Louise A. LaMothe, Esq.2510-g Las Posas Rd.#513Camarillo, CA 93010Phone: (805) 388-7123E-Mail: fireball@mailaps.org

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MAY 2011 • CITATIONS 15

16 CITATIONS • MAY 2011AN ALTERNATIVE TO RELIEF FROM STAY: MEET HAFABy Don NelsonIt was 1984. I had no thoughts of Orwellianstuff; I just wanted a “good deal” on buyinga family home. Browsing one day at obscurelegal postings buried in the paper, I stumbledon a foreclosure notice (Notice of Trustee Sale)for a house in a neighborhood that appealedto my wife and myself.I went to the foreclosure sale to observe. Withno third party bidders, it reverted back to thebeneficiary, a sub-prime lender in OrangeCounty, now no longer in business. It waseasy to contact an actual person at a lenderand negotiate a deal for an REO asset. So, Imade an offer, with a clear condition that thelender do the eviction.Little did I know of the drama that wouldfollow. I watched my one and only Sheriff’seviction. The prior owners were physicallyescorted from our future home while alocksmith changed all the locks.What does this have to do with describing alittle known U.S. Treasury Department homeloan program? It has to do with the lives ofshattered people. People who are about to losea major anchor in their lives – their home.The program is the Home AffordableForeclosure Alternatives (HAFA) program,a little known part of the Home AffordableModification (HAMP) program. Createdin 2009, the HAMP program was basicallydesigned to provide financial incentives toloan servicers and borrowers who use a shortsale or deed-in-lieu-of-foreclosure to avoidforeclosures on loans eligible for modificationunder HAMP. Many changes to the HAFAprogram, and approval of increased amounts,took place in mid-2010. Still, the HAFAprogram has found only limited success.Indeed, millions have found it to be muchlike a corn maze in Iowa – slow, frustrating,confusing and circuitous.HAFA was created as a template program forall major home loan servicers and lenders.Most major lenders, (including , locally, Bankof America, Wells Fargo and Wachovia) undergreat political pressure, have agreed to offer theHAFA program to “qualified” individuals inforeclosure or imminent default.In essences, HAFA offers a pre-approved shortsale, with standardized and reasonable terms,to provide what HAFA calls a “graceful exit”.For borrowers in bankruptcy what doesHAFA mean? Supplemental Directive 09-09(Revised) states: “Borrowers in active Chapter7 or Chapter 13 bankruptcy cases MUSTbe considered for HAFA if the borrower,borrower’s counsel or bankruptcy trusteesubmits a request to the servicer… The servicerand its counsel must work with the borroweror borrower’s counsel to obtain any court and/or trustee approvals required in accordancewith local rules and procedures. Servicersshould extend HAFA time frames as necessaryto accommodate delays in obtaining courtapprovals or receiving any periodic paymentwhen they are made to a trustee.” (And,pursuant to HAFA, borrowers must first beevaluated, by their lender, for a HAMP loanmodification.)A potential modification or short sale will offera better alternative than normal bankruptcyresults. In a 7 case, when the lender files aRelief From Stay motion and it’s granted(uncontested), frequently the debtor is alreadyin foreclosure and the beneficiary merelycompletes the foreclosure sale followed bythe eviction. In a 13 case, the debtors arefrequently “underwater” and want out of thehome. Again, the Relief From Stay motion isgranted with the same results.HAFA is smoother and less stressful, andprovides several clear benefits over a traditionalshort sale:• It stops a foreclosure (when certain conditionsare met).• The homeowner gets $3,000 in re-locationexpenses at close of escrow.• Deficiency judgments are barred.• If there is a junior lien holder (say a lineof credit), that lien holder can’t forcean unsecured promissory note on thehomeowner in order to induce its cooperationin the short sale.Who are the players in the game? First, theinvestors (read Wall Street). Virtually all realestate loans have been sold into the secondarymarket. Second, the servicer (read “bigbanks”) who “service” the loans they sold intothe secondary market. The HAFA programoffers financial incentives to the servicer fordoing a HAFA short sale, plus provides up to$6,000 to a junior lien holder for cooperatingin the sale (who would have been wiped outin a foreclosure). And, it is required that alicensed Realtor participate in the HAFA andshort sale process.So here’s the process:• Eligible and interested homeowners shouldfind and retain a knowledgeable real estateagent (Realtor) to advise about, assist withand coordinate the HAFA process. Theagent will determine a fair market range ofvalue for the property and enter into a listingagreement with the homeowner.• The homeowner will submit a Request forModification and Affidavit (RMA) packageto the servicer.• If approved by the investor and servicer, theservicer will send the Short Sale Agreement(SSA) to the borrower. It must also be signedby the agent.• The home is now marketed like a traditionalhome sale followed by a normal escrow.Of course, there is much more involved inthe HAFA process, and certain restrictiveeligibility requirements, and many otherconditions which must be met prior toapproval, which is not guaranteed. Indeed,under the HAFA program, lenders are onlyrequired to “consider” eligible borrowers.An internal Bank of America HAFA guidedated March 15 listed the success rates for atraditional short sale and a HAFA short sale.Under the Approval/Closure Rates category,traditional short sales had a “low-medium”success rate while HAFA sales had a “high afterqualification” success rate.Is everything “‘peaches and cream’” with aHAFA short sale? You wish! And, of coursenot. The servicers are still overwhelmed andinvestors are cranky (for recovering lots lesson their loans, “big haircuts”). But, banks aretrying to curry political favor with Washingtonby cooperating in this U.S. Treasury program.It could be a very nice tool to add to yourprofessional toolbox, plus provide a potential,federally-mandated “graceful exit” for yourclients.Don Nelson is a 25year Realtor and brokerin Ventura He can becontacted at DonNelson@DonNelsonTeam.com

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18 CITATIONS • MAY 2011HONORING HISTORY IN THE MAKINGby Jessica ArciniegaIn a first of its kind event, The Mexican American Bar Association,Women Lawyers, the Asian American Bar and the Black AttorneysAssociation came together April 7 to honor the first woman chiefof police in Ventura County, City of Port Hueneme Police ChiefKathleen Sheehan and Oxnard Police Chief Jeri Williams, thecounty’s first woman of color Chief of Police. More than 85people attended the reception at the Tower Club to recognize thishistoric event and welcome the two Chiefs to our county and theVentura County Bar. Attendees included Judge Brian Back, JudgeEllen Gay Conroy, District Attorney Gregory Totten, City ofOxnard Councilwoman Carmen Ramirez, Port Hueneme MayorSylvia Muñoz Schnopp, Port Hueneme City Councilmember EllisGreen and representatives of Congresswoman Lois Capps’ office,County Supervisor John Zaragoza’s office and AssemblymemberDas Williams’ office. In addition to recognizing these remarkablewomen, the reception co-sponsored by the four sections of the Barprovided members of the sections the opportunity to share theirrespective organizations’ missions and current activities with eachother and the community members who attended.Jessica Arciniega is an associate practicing labor and employmentand class action law at the Oxnard offices of Wasserman, Comden,Casselman & Esenstein, LLP.Debbie DeVries and Debbie JurgensenFrom left to right: Past President of MABA Jessica Arciniega;MABA President Rebeca Mendoza; Chief of Police KathleenSheehan and MABA Vice President Rennee Dehesa.From left to right: MABA President, Rebeca Mendoza; Chief ofPolice Jeri Williams; Jill Friedman, President of the Women Lawyersof Ventura County.From left to right: President of the Asian American Bar, John Fukasawa;Ed Sotelo, Oxnard City Manager; MABA member MichaelRodriguez, President of the Black Attorneys Association Alvan Arzu;City of Oxnard Police Commanders Scott Whitney and Jason Benites.

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MAY 2011 • CITATIONS 21APRIL 2011 • CITATIONS 17NEEDCLIENTS?BECOME A MEMBER AND LET THELRIS GET CLIENTS FOR YOU!IN 2010 LRIS MADE 3,350 REFERRALSFOR INFORMATIONCALL ALEX VARELA-GUERRA(805) 650-7599OR VISIT WWW.VCBA.ORGSTATE BAR CERTIFIED #0059& ABA APPROVED SINCE 1959 1959

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24 CITATIONS • MAY 2011LEGAL MALPRACTICEEXPERT WITNESSEXPERT WITNESS& LAWYERS ADVOCATEand LAWYERS ADVOCATESTATE BAR DEFENSESTATE BAR DEFENSEPHILLIP FELDMANB.S., M.B.A., J.D., AV.Fellow American Board ofProfessional Liability AttorneysCertified SpecialistLegal Malpractice(ABPLA & American Bar Association)Former Judge Pro TemFormer State Bar ProsecutorFee Arbitrator 334 years yearsLitigator/Expert 43 44 yearsMalp/Ethics Authorwww.LegalMalpracticeExperts.comEmail: LegMalpExpert@aol.comStateBarDefense@aol.com(310)LEG-MALP(534-6257)ALSO FEE DISPUTES,PREVENTATIVE LAW & RISKMANAGEMENT CONSULTATIONSMATTHEW P. GUASCO, ESQ.MEDIATION — ARBITRATION“AV-Preeminent” Rating by Martindale-HubbellPast-President, Ventura County Bar AssociationAdjunct Professor, Pepperdine University School of Law,Straus Institute for Dispute ResolutionFull-Time Mediator and ArbitratorSince 1998, Extensive Experience Mediating and Arbitrating the Following Cases:Business & Commercial • Probate & TrustEmployment • Personal Injury • Real EstateAvailable in Los Angeles, Ventura County, Santa Barbara, Orange County,San Diego, and Throughout California Exclusively Through Judicate West(800) 488-8805or Contact Matt at(805) 256-4927MattGuasco@sbcglobal.netwww.mguasco.comJACOBS & JACOBSACCOUNTANCY CORPORATIONCERTIFIED PUBLIC ACCOUNTANTSTAX PROFESSIONALS SINCE 1944THERE’S NO SUBSTITUTE FOREXPERIENCE & EXPERTISE• TRUSTEE & EXECUTOR SERVICES• TRUST & PROBATE ACCOUNTING• FIDUCIARY INCOME TAX RETURNS• ESTATE TAX RETURNS• ESTATE PLANNING• ELDERCARE SERVICESOJAITHOUSAND OAKS(805) 646-4321 (805) 497-4007JOHN JACOBS, CPA GREGG BURT, CPA PAUL THOMAS, CPA

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26 CITATIONS • MAY 2011Exec’s Dot…Dot…Dot…By Steve Henderson, Executive Director, M.A., CAEIn case you are wondering, Joel Mark isthe new managing partner at NordmanCormany Hair & Compton… India?Nepal? Michele Castillo at michele.castillo@ventura.org or 805.654.2201.Austria, Slovakia, Czeck Republic, andHungary? Dien Le at dien@calawcounsel.com or 818.889.2299. Toronto? CheriKurman at ckurman@normandowler.comor 654.0911…LA Times ran an article April2 – www.latimes.com – about a group oflegal experts who examined five of the U.S.Supreme Court’s worst rulings. NumeroUno? Korematsu vs. United States, the 1944high court ruling upholding the evacuationorder against Japanese American after thebombing of Pearl Harbor. Others includeDred Scott v. Sandford and Buck v. Bell…If you are searching for Jon Light, KarenGabler, Glenn Dickinson, GannonJohnson, and Lou Cappadona, they canbe found at 760 Paseo Camarillo, Suite 400in Camarillo – 805.248.7208 too…Judge Ed Brodie was selected as one ofthe recipients of the Oxnard Knights ofColumbus Public Safety Award for 2011.The award was presented at the group’sPublic Safety Night held April 11…Seekingto satisfy a tax debt of over $300,000 owedby a former New Hampshire lawyer whostole over $1 million from clients, the IRSis planning to sell James Hobbs’ home.Authorities say Hobbs, 52, apparentlyspent most or all of the money on personalexpenses. He is serving a 10- to 20- yearterm in prison for forgery, perjury and theft.More than half of the $1 million reportedlycame from the estate of a deceased attorneywho expected the money to be used to carefor his disabled daughter…Simi Valleylawyer Randy Sundeen was elected to theUSA Field Hockey Board of Directors. Theboard oversees 250 clubs in the U.S. and themen’s and women’s national team programs.Randy’s son, Tyler, is a member of the men’snational team and is training for the Pan Amgames in October…Spotted at the March Madness Final Fourgames in Houston was Mark Hieplerwith his two sons…A hearing officer hadrecommended only a six-month suspensionfor Arizona attorney Charna Johnson, whoadmittedly had claimed to serve as a mediumchanneling the thoughts of a client’s dead wifeto him but denied sexual involvement withthe man. But the disciplinary commissionof the state supreme court said a one-yearsuspension was merited, based on additionalmisconduct, and Arizona’s top court agreed.Because Johnson lied in another disciplinaryproceeding and said she had not claimed tochannel the dead to a female client for whomshe drafted a will that left the client’s assetsto herself, the punishment was increased…Mayakoba? Yucatan? Greg Herring atgherring@fcoplaw.com or 659.6800. Turksand Caicos? Dan Palay at djp@palaylaw.com or 641.6600…Debora Vierra has been appointed to theExecutive Board of Directors of the CaliforniaEmployment Lawyers Association (CELA)for the 2011-2013 term. Debora is alsoserving on the CELA Political AppointmentsCommittee which makes recommendationsto Gov. Brown regarding State Board andCommission appointments…I spotted inmy daughter’s Pacific Coast Horse RidingAssociation Directory the Equine Law firmof Hey & Hey in Redwood City–www.blueribbonlaw.com…Contending that hewas “grossly overbilled” for a negligentdefense in an insider trading case, the jailedformer CEO of Qwest CommunicationsInternational Inc. has sued over his legal billof more than $25 million. Joseph Nacchio,who is serving a 70-month prison term forillegally selling $52 million in Qwest stockin reliance on insider information, complainsthat his defense lawyers even billed him fortheir underwear…Do participate in the 28thAnnual Law Day 5K scheduled for May 21at the VC Government Center. Proceedsbenefit the VCBA/VLSP, Inc. and officialstarter is VC Sheriff Geoff Dean. www.active.com to register…After a ton of pulling, tugging andunderhandedness, Judge David Longhas agreed to a “function” honoring hisretirement and service only if the proceedsbenefit the bar’s pro bono program, VCBA/VLSP, Inc. Mark your calendars–September16 at the Tower Club…Bail has been set at$200,000 for a 33-year-old Missoula manaccused of using divorce papers to start a firethat burned down his estranged wife’s beautysalon. Prosecutors say Shawn Gawronski wassitting in his truck, gun in hand, near theburning salon when deputies arrived. Hewas arrested a short time later, and courtrecords say he acknowledged spreadinggasoline throughout the building and usinghis divorce papers to get the fire going…Movie Quote of the Month: “The odds ofa plaintiffs lawyer winning in civil court aretwo to one against. Think about that for asecond. Your odds of surviving a game ofRussian roulette are better than winning acase at trial. Twelve times better. So why doesanyone do it? They don’t. They settle.”–FromJan Schlichtmann (John Travolta) explaininghis work as a personal injury lawyer in ACivil Action, 1998…Do plan on attendingthe VCTLA “Trial Lawyer of the Year”dinner May 24. Bill Grewe at 642.7101 orwgrewe@rkmlaw.net...Steve Henderson has been the executivedirector and chief executive officer of the barassociation and its affiliated organizationssince November 1990. Henderson will againbe competing in the Law Day 5K May 21 todefend his Open win in 2010. Additionally,Henderson will be attending a conference inSan Diego with Eminem May 12-14. Lastly,Henderson may be reached at steve@vcba.org, FB, Twitter at stevehendo1, LinkedIn, orpreferably 650.7599.

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CITATIONSVentura County Bar Association4475 Market Street, Suite BVentura, California 93003PRSRT STDUS POSTAGEPAIDPERMIT NO. 507OXNARD, CA 93030Printed on Recycled Paper – Please Recycle