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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.S E P T E M B E R – T W O T H O U S A N D T E NVENTURA COUNTY PIONEERSELDER ABUSE COURTSBy Hon. Colleen Toy WhitePage 10Kendall A. VanConasAL VARGAS & WENDY LASCHERCheri L. KurmanKaren B. DarnallLouis J. ViGoritaAlejandra Varela-GuerraFAMILY ADVENTURE 3AB INITIO: MORE FROM DICK HANAWALT 8LOCAL CONSERVATORSHIP RULES CHANGED 12WHAT’S THE MEANING OF “MEANINGFUL USE?” 16SOMETIMES THE GOVERNMENT DOES THE RIGHT THING 18LRIS TODAY 20Ear To The Wall 21Jessica ArciniegaUCLA LAW DEAN MORAN TO HIGHLIGHT MABA DINNER 23CLASSIFIEDS 25STEVE HENDERSONEXEC’S DOT... DOT... DOT... 26JOIN US ON FACEBOOK - VENTURA COUNTY BAR ASSOCIATION


2 CITATIONS • SEPTEMBER 2010


FAMILY ADVENTUREBy Kendall VanConasEvery year at this time, as summer approachesand parents start to say good-bye to theirdeparting college students, I’m reminded ofhow my family sent my older sister off tocollege. After a few years, long enough forthe scars to have healed and the nightmaresto have ceased, my dad wrote a story aboutour family adventure. All of what you willread is true, and even I find it hard to believethat anyone could have talked my father intothis trip – a true testament to my mother’sconsiderable powers of persuasion.Over the years, we talked about thisadventure, and always laughed about it,or at least most of us laughed. We alsosuggested my dad send it in somewhere toget published, but he never did. This seemsthe perfect time and place. As the lazy daysof summer wind down and my life continuesat high speed, I decided to go the easy routeand plagiarize my column this month frommy dad [the late Phil Cohen – ed.].It really wasn’t that long ago, but I cannotpass an RV without suppressing a shudder.Goose bumps appear, I break out in acold sweat, and the memory of a weekendforever encapsulated in our family folkloreemerges as a reminder that RVs are not foreveryone.It all began when Melissa, our eldestdaughter, graduated from high school andopted to enroll at UC Davis. “I have a greatidea,” announced my wife. This questionableidea, of course, provides the genesis of whatfollows. The idea was that we rent an RVand drive to and from Davis “en famille,”so to speak. Our family consists of myself(a lawyer whose ambitions for campingor discomfort achieve the highest limitsof enthusiastic empathy); my wife (also alawyer whose spirit of adventure, howeverlimited, exceeds mine, and at the time ofthis narrative on crutches due to a brokenankle); of course, my daughter Melissa,who was excitedly looking forward to goingaway to college; my youngest daughterKendall, then a sophomore in high schoolwho, being a UCLA aspirant, was totallyindifferent to her sister’s preference forDavis. In addition, we have my motherin-law,whose unparalleled saving grace inliving with us for these 30 years or moreis to regard our various family differenceswith a studied and bemused tolerance, andthen go to bed. Lastly, we must not overlookAngus, our Cairn terrier, who will not, orcannot, assimilate commands, but is muchloved anyway.After having triumphantly negotiated theRV rental, I was given the keys and a fewinstructions, and drove home to load up forthe forthcoming journey. Leaving from theparking lot went off without a hitch, and Inegotiated the vehicle to the vicinity of ourresidence without much difficulty. I musthasten to add that prudence dictated this bedone when traffic was at its lightest, and Icarefully acceded to the dictates of prudence.The major problem arose when I attemptedto make a right turn into our driveway. Myfirst attempt obliterated the rose bushes,and my second attempt left me perilouslysprawled in the driveway, with the rear ofthe vehicle protruding midway into theroad. I did not attempt a third try. Instead,I ruminated for a few seconds, backed outinto the road, drove to a cul-de-sac at thebottom, drove back up the road and madea perfect left turn into our driveway. I thenmade a Loretta Young entrance into ourliving room and nonchalantly informed thefamily to load the vehicle.We left home late in the evening and headedfor our first night rest stop. A reservation hadbeen made and no problems were foreseeable.What was not foreseeable however, was thatthe space assigned to me was much narrowerthan our vehicle (or so it seemed). AfterSEPTEMBER 2010 • CITATIONS 3two attempts, my wife (rather forcefully, Ithought) suggested she park the vehicle. Ismiled in a patronizing sort of way, handedher the keys and got out. Of course, sheparked with no problem.My primary job was to connect the electricityand the water, but these efforts were of noavail since the cord and plug from the vehicledid not fit the park connection. When Idrew this anomaly to the attention of thepark manager, he commented (rather offhandedlyI thought), that I needed a “pigtail.”I asked, “What is a pigtail?” He replied thatall RVs needed one, but fortunately he hadjust one left, and he could sell it to me for$25. I purchased it, connected the vehicle,and “Eureka!” we had light.I encountered the same problem with thewater, and by some freak of coincidence,the park manager had one water hose left.He sold this to me for $15, and we settleddown for the night taking comfort with ourelectricity and water.The night was not comfortable. My bed wasa double slat affair which I had to unfold.Since both sides were at an angle, I naturallyslid into the middle, and spent the nightlying on some sort of elongated crack. This,coupled with Angus, who spent the entirenight racing up and down the RV, did notleave me in the most sanguine of humorwhen we resumed our trip the followingmorning.My wife, in view of her earlier demonstrateddriving expertise, suggested she start out themorning drive. I growled my concurrenceand off we went. The drive was pleasantenough, until we heard a loud screechingand grinding noise to the right of the vehicle.I looked out saw a most depressing sight, acrying driver, sitting in his imported twodoorcoupe, gazing into my eyes with awoebegone expression. We made our wayto the parking lot of an adjacent shoppingcenter and all trooped out to survey thedamage. It didn’t take long. Our two-doorcoupe driver took one look at the RV, andsaid, “Let’s forget it, your damage is worsethan mine,” and with that, he took off athigh speed.Continued on page 7


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BANKRUPTCYATTORNEYOutstanding bankruptcy litigator & strategistwith 30+ years experience helps law firmsand their clients with all aspects of bankruptcy.Aggressive & Creative Bankruptcy AdvocacyAll Aspects of Business & Personal Bankruptcies/Reorganizations (Chapters 7, 11 & 13)Debtor & Creditor RepresentationBankruptcy Avoidance & Pre-Bankruptcy StrategiesProtections from Foreclosures, Judgments, Settlements,Lawsuits, Liens, Debts, CollectionsProtections Against Debtors Likely to File for BankruptcyUCLA Law F Phi Beta Kappa F Magna Cum LaudeF Free Initial Consult FExceptional Qualityat Low PricesCOURSES INVENTURATip the scales ofbankruptcy justicein your clients’ favor.Law Offices of Philip D. DapeerA Law CorporationOffices in Westlake Village & Beverly Hills805.557.7001 323.954.9144BankruptcyFocus@aol.comSEPTEMBER 2010 • CITATIONS 52010 VCBABOARD OF DIRECTORSAlvan A. ArzuLinda K. AshChristopher R. BalzanLaura V. BartelsMaria L. CaprittoMichele M. CastilloMeghan B. ClarkDouglas K. GoldwaterLee A. HessDeborah E. JurgensenOFFICERSPresidentKendall A. VanConasPresident-ElectJoseph L. StrohmanSecretary-TreasurerDien LePast PresidentAnthony R. StraussExecutive Director, CEOSteve Henderson, CAECheri L. KurmanJoel MarkJames Q. McDermottGabriella Navarro-BushJoseph D. O’NeillRein PerrymanKathryn E. PietrolungoJodi L. PriorRobert F. SandbachCITATIONS EDITORIAL BOARDManaging EditorWendy C. LascherPublisher, CEOSteve HendersonGraphics/ProductionJ.P. McWatersAssistant EditorBill LascherKaren B. DarnallMichael L. McQueenMichael R. SmentMichael A. VelthoenLouis J. VigoritaEric R. ReedMichael A. StraussCarol MackGregory T. MayMark E. HancockAris E. KarakalosPanda L. KrollRobert I. LongGregory HerringAl VargasValerie GregsonBECOME A BRIDGE BUILDERUCSB Extension’s Mediation and Dispute Resolution courses can show you howDispute Resolutionand the Legal ProcessCultural Perspectivesof ConflictChanginglivesFALL QUARTER BEGINS OCT. 9Mediation:Theory and PracticeMediationPracticumEnroll today! Call 893-4200 or visit www.extension.ucsb.eduUNIVERSITYOF CALIFORNIASANTA BARBARACITATIONS is published monthly by the VenturaCounty Bar Association. Editorial content andpolicy are solely the responsibility of the VenturaCounty Bar Association.Submit all advertising,classified and calendarmatters to:VCBA4475 Market St., Suite B,Ventura, CA 93003Attn: Executive Directort: 805.650.7599f: 805.650.8059e: bar@vcba.orgw: www.vcba.orgSubmit all editorialmatters to:CITATIONSP.O. Box 25540Ventura, CA 93002t: 805.648.3228f: 805.643.7692e: wendy@lascher.com


6 CITATIONS • SEPTEMBER 2010A Message FromThe VCBA/VLSP, INC.THE BEST THING WE DO!YOUR PRO BONO ARM OF THE VENTURA COUNTY BAR ASSOCIATIONA 501(C)(3) ORGANIZATION ESTABLISHED IN 1996SINCE 1992, THE ANNENBERG FOUNDATION HAS CONTRIBUTED A TOTAL OF $210,000 TO THE VCBA/VLSP, INC., THEAWARD-WINNING PRO BONO PROGRAM OF OUR BAR ASSOCIATION. REGRETTABLY, THE FOUNDATION IS DRASTICALLYREDUCING ITS COMMITMENT. IN ORDER TO COMPENSATE FOR THIS SIGNIFICANT FUNDING CRISIS, THE VCBA/VLSP, INC.HAS ESTABLISHED A BLUE RIBBON COMMITTEE, CHAIRED BY PAST PRESIDENT OF THE BAR, JONATHAN LIGHT (2007),TO RAISE FUNDS FOR OUR PRO BONO PROGRAM.THESE FIRMS AND INDIVIDUALS HAVE COMMITTEDANNUALLY THROUGH 2014Large FirmsNORDMAN CORMANY HAIR & COMPTON $5,000FERGUSON CASE ORR PATERSON $5,000Mid-Sized FirmsNORMAN DOWLER $3,000 (2010)ARNOLD BLEUEL LAROCHELLE MATHEWS & ZIRBEL $2,500 (2010)Small Firms & Legal ProfessionalsPALAY LAW FIRM $2,500MUSICK, PEELER & GARRETT $1,000 (2010)VENTURA COUNTY PARALEGAL ASSOCIATION $1,000Past Presidents ($500) Bar Patrons ($500)ANTHONY R. STRAUSS (2009) HON. DAVID W. LONG AND SHIRLEY CRITCHFIELDJONATHAN F. LIGHT (2007)KEVIN G. STAKERLOYE M. BARTON (2006)STEVE HENDERSONDONALD O. HURLEY (2005)PHILIP G. PANITZ (2004)RICHARD M. NORMAN (2002)M. CARMEN RAMÍREZ (1998)DAVID L. SHAIN (1996)WENDY C. LASCHER (1990)CHARLES W. COHEN (1971)Bar Friends ($250) Emeritus Attorneys ($250)RICHARD W. TENTLERVERNA R. KAGANVCBA STAFFRAYMOND C. CLAYTONLOUIS J. VIGORITAGERALD L. CLINEDONALD S. GREENBERGBronze Sponsor ($100) EUGENE RADDINGLINDSAY F. NIELSONFRED TSCHOPPCAROLYN R. TULBERGTo Join UsMake Check out to VCBA/VLSP, Inc.4475 Market Street, Suite BVentura, CA 93003Jonathan LightKendall VanConas(805) 988-8305 (805) 988-9886jlight@nchc.com kvanconas@atozlaw.com


FAMILY ADVENTUREContinued from page 3At this point in time, I adopted my superiormale demeanor, and advised all and sundrythat I would drive the rest of the way. Ourjourney toward Davis then resumed untilsuddenly we found ourselves at a toll bridge.In my ignorance, I didn’t even know tollroads existed in this area, but I thought,“This isn’t the first surprise on this trip – Icould easily handle this one.” Sensing myapprehension at the narrow approach, thetoll collector left his booth and carefullyguided me through. For my part, I was mostcarefully watching the wall on my left sideand was most pleased at my skill when all atonce (you guessed it), I experienced a loudscreeching and grinding noise to the rightof the vehicle. Because of the line of trafficto the rear, I had no choice other than to goforward. Once over the bridge, we stoppedfor a survey and found that both rightfenders had gone, and a large gash which hadnot been there before was now in full andembarrassing view. I can only say our driveto Davis continued in explosive silence.It was with some relief we pulled in andparked at the facility where I had withforesight made a reservation. After all, I hada pigtail and the correct size water hose, and“nothing could go wrong now,” I announcedwith pride. I cheerfully connected thesewage disposal and my wife prepared to takea shower. A few moments later, she calledout and told me the water was rising in theshower and the sink was backing up. All Ineeded at this stage was a sewage back up,so I raced to the park management to locatea serviceman. After a two-hour wait duringwhich we all, including Angus, filled the timeby glaring at each other, and a Sunday servicecall charge, I was informed that there wasabsolutely nothing wrong with the system.I had merely neglected to “open the gate.”“What gate?” I asked in my innocence, onlyto be shown a small flap at the rear undersideof the vehicle which must be opened in orderthat the sewage can flow. It was time for afamily meeting.Melissa felt it would serve everyone’s bestinterests if she completed her collegecheck-in by taxi. We all agreed, and afterchecking Melissa in decided we would returnhome immediately rather than, under thecircumstances, stay any longer. To do sowould only invite further unforeseeable,yet certain, disasters. I did not demur tomy wife’s suggestion that she drive, andwe wended our way to the I-5 South andhome.Things were progressing smoothly. We werecruising at 55 MPH with my wife at thewheel, and I was sitting by a table midwaydown reading the paper. Without warning,there was a screech of brakes, and I took aswan dive straight through the table, rippedit completely off its hinges, and ended uplying on my stomach in the co-driver’s seatnext to my wife. She was quite imperviousto my predicament and somewhat weaklyexplained that a car had swerved in frontof her and she was merely taking “evasiveaction.”About 2 hours north of home, and countingthe minutes to that delicious time whenI could return this self-inflicted torturechamber on wheels whence it came, we allnoticed a steady and ever widening swervingfrom side to side. “Don’t worry,” I called outwith confidence, it’s only the wind.” Withinseconds, a trucker pulled up alongside andwith a panic-stricken look on his face,motioned us to stop. We did, and to ourchagrin, disgust, hysteria or whatever, foundourselves faced with a flat tire, right siderear. We limped along to a service station,installed the spare, and arrived home verylate at night and very tired.The next morning, I returned the RV tothe dealer who, after having inspected thevehicle, commented that I had “returnedless than I had rented.” I fought hard andsucceeded in making no response.Over the years, the family in toto (with myexception) found the trip a laugh – not abig one, true, but nevertheless a laugh. I’venever been able to find much humor in it,and simply ask, wouldn’t it have been betterif Melissa had chosen a college a little closerto home?SEPTEMBER 2010 • CITATIONS 7BAR LEADERSHIPADR SECTIONMarge Baxter 583-6714ASIAN BARBrian Nomi 444-5960BANKRUPTCYMichael Sment 654-0311BARRISTERSDouglas Goldwater 659-6800BENCH/BAR/MEDIA COMMITTEEJudge Glen Reiser 654-2961BLACK 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 BARMarc Dion 497-7474INTELLECTUAL PROPERTYChris Balzan 658-1945J.H.B. INN OF COURTDavid Lehr 477-0070JUDICIAL EVALUATION COMMITTEELinda Ash 654-2580LABOR LAW & EMPLOYMENTD. Palay/R. Burnette 641-6600/497-1011Law Library CommitteeEileen Walker 447-6308LEGAL SERVICES FUND COMMITTEEDonald Hurley 654-2585MEXICAN AMERICAN BAR ASSOCIATIONJessica A Arciniega 988-0285PRO BONO ADVISORY BOARDDavid Shain 659-6800PROBATE & ESTATE PLANNING SECTIONCheri Kurman 654-0911Real PropertyRamon Guizar 988-8365VCBA/VLSP, INC.Kendall VanConas 988-9886VLSP, INC. EMERITUS ATTORNEYSVerna Kagan 650-7599VC TRIAL LAWYERS ASSOCIATIONJames Prosser 642-6702VC WOMEN LAWYERSJodi Prior 582-7537VCBA 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 Director


8 CITATIONS • SEPTEMBER 2010In February CITATIONS introduced thefirst of many reflections on Ventura Countyand the practice of law here from RichardHanawalt, a criminal defense attorney whogot his start as an assistant D.A. beforeswitching to his current criminal defensefocus 36 years ago. When Wendy Lascherand Al Vargas interviewed Hanawalt, one ofhis most fascinating recollections describeda burglary allegedly set up by police in 1968in which an informant’s life was threatened,an incident that prompted Hanawalt to seekthe removal of then-Ventura Police ChiefDavid Geary, who resigned in 1971 after agrand jury investigation into other claims ofpolice misconduct.Richard Hanawalt:…[in] ’68, our policechief at that time was talking in the squadroom, noting from reports in Los Angelesthat burglaries died out wherever anybodywas caught and shot in the course of aburglary.And the only reason I know this was [that]the chief of police had a practice [that], ifanybody went out looking for another job,and if that agency called back, or wrote back,they would end up getting a really nastyletter from the chief about the performanceof that individual.One of the detectives, Roy Peebles, happenedto come to me with some other problemsabout three years later. He had tried to hireon with U.S. Customs and the same thinghappened to him. Customs got a nastyletter from the Chief of Police. One of theother detectives tried to hire on somewhereelse and also got a nasty letter. Finally hewent out to Watertown, New York, to get adifferent job and sure enough he told themin advance, “You’re gonna get a nasty letterfrom the police chief.” And they did, butthey hired him anyway.V.P.D. morale was down and employees weregrousing. There was a rumble around thatthe chief was not liked. We felt this in theD.A.’s office.AB INITIO:MORE FROM DICK HANAWALTAl Vargas: Dan Palay would have lovedthat case.RH: By 1970 I ended up with a detective(new client) telling me about this. Whatit amounts to is the chief was telling thedetectives to set up a snitch to lure a “dirtier”snitch to do a residential burglary.One snitch, Leon, was a bartender at theBan-Dar [a now demolished bar in MidtownVentura]. He came to me for some otherproblem. And he said “Ricky, yeah, they toldme to set him up with this residence on thehill on Skyline, just off of Foothill Blvd. Andthey wanted me to tell him that the guy hada coin collection in the house and to get himon a certain night – the family was going tobe away – and it would be a perfect time for‘Dickyboy’ to hit the place.”“Dicky” was a heroin addict at the time. Inthe subsequent years I had come to knowhim in Ventura. He came to my office,higher than a kite on heroin and I askedhim: “Do you recall such-and-such up onthe hill? They tell me that you had your caron Poli with your trunk lid up in the air asif you were repairing a bad tire and that yousneaked up the hillside.” And, as you know,the hillside is very steep.He related to me that when he got inside thehouse, he sensed something was wrong andran out, but in the process, about 50 bulletswere flying in the air. The garden gate wasdemolished. A public defender named EdDrake, happened to be in the cul-de-sac.Wendy Lascher: Oh Ed Drake, V. EdwardDrake.RH: V. Edward – that’s right. Well put, Ihad forgotten.RH: He happened to be living right acrossthe street in this cul-de-sac. He said itwas a war zone, when the police startedshooting.WCL: He lived there?RH: Yeah, no, not at the target house. Thehouse that was – you could see it as yourdrove down below – you could see this bigAmerican flag in the back yard. The guywas a real right-winger, loved police and hewas a natural for the chief to have selectedas the unknowing “victim” volunteering theevacuation of his house in order to help lawenforcementon a “very important project.”AV: They were setting him up…RH: …they were setting him up. You got it.AV: Not setting him up, they were executinghim.RH: Well not – the land owner, oh whatwas his name? I know they ultimately hadall four of our pictures in the newspaperside-by-side [see “Four Weeks to Pack Up,”Ventura County Star- Free Press, Aug. 28,1971]. The “victims” were both “Dicky” andthe homeowner.…[the police were] having one snitch setup another snitch, so the police could nailthe other snitch as he came out of or wentinto the house. And the owner of the housewas told that “something was going tobe happening, he should leave – take thefamily, including the dogs. Go to a movieor something-or-other.”Later that night he and his family came backto the house. The walls were coated withfingerprint dust and the furniture was intotal disarray, but of course the police knewwho the guy was all along.[The set-up burglar] raced out down the hillwith police shooting all over the place. Noneof the bullets got him. He was zigzaggingdown the hill.Guess where he resided? He resided in oneof the cabins behind the Ban-Dar. Later thatnight the police came down and arrestedhim, knowing full well the project hadfailed.And the following week, the case wasdismissed by a young, new deputy calledMichael Bradbury [Editor’s note: Bradburywas elected as District Attorney in the late1970s]. He was the one who apparentlysmelled a rat and ended up dismissing thecase. So the case never went to trial. Dickywas turned loose. The entire incident was“forgotten” until the homeowner, in 1970,hired me to file a lawsuit, after I had leftthe D.A.’s Office.


SEPTEMBER 2010 • CITATIONS 9WCL: What happened to the police chief?RH: I was now in private practice. So I was anatural for a lot of oddball-type actions. But,this was my second action against a publicentity and I wasn’t too keen about it.WCL: So okay, you filed a claim againstthe city.RH: It was delightful – filing claims; youcould “give wings to your imagination…”WCL: So you filed a claim on behalf ofthis guy who lived in the cabin behind theBan-Dar?RH: No, initially I filed a claim for thelandowner up there who had had his houseransacked and shot up by the police.WCL: Oh, I thought that guy was the goodguy who was cooperative.RH: He was, but he wasn’t after he found outwhat I had to tell him. And then he realizedthat he had been taken. Because you don’tsplash fingerprint powder all over the placethat required repainting the house when youalready know who the guy is. So he began torealize that he had been had by the police.And then – you know it’s interesting, becauseI filed two claims. One was on behalf of thehomeowner. But my second action was infavor of “Dicky” who was about to be shot.The tweaker, as it were. He was off the dopeby 1973 and now aware of his close call andwanting monetary retribution.But the filing of the claims raised a lot ofhassles. Interestingly enough, historically,grand jury investigations are limited tocounties only, but I had just read the LosAngeles Daily Journal that the Los Angelesgrand jury was investigating a City of LosAngeles problem.It occurred to me this may be part and parcelof our answer: A grand jury or state attorneygeneral investigation was just the ticket. Thebanter was picked up and I kept hearing, justfrom gossip, I hadn’t seen or talked to himin years, city officials said [former CountyCounsel and later Court of Appeal JusticeHerbert Ashby] was one of several peoplewho stimulated the State Attorney Generalto investigate the case.A state agent set up an office in the ShellBuilding and over a period of three monthshe interviewed all sorts of people. I thoughtthe thing had kinda disappeared, but I hada full 180 days to file the actions.Lo and behold, bingo, out on a certain day in’71 [Dec. 21], The Star-Free Press reported“Chief Geary Resigns, Detective Fired” andthe whole thing hit the fan in one day. AndGeary left the county. He went to teach insome school in Wisconsin and that’s the lastwe ever heard of him.They had all four of our pictures. Me, RoyPeebles, William Wilcox [the homeowner]and the Chief of Police David Patrick Geary.And, it goes without saying, we settled thecase with the insurance companies and thetwo complaints were never filed. A VenturaPolice detective told me it was the first timein years he could “whistle on his way towork.”irwin r. “rob” miller esq.mediation • arbitrationirwin r. “rob” miller esq.mediation • arbitrationLEGAL 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 31 yearsLitigator/Expert 42 yearsMalp/Ethics Authorwww.LegalMalpracticeExperts.comEmail: LegMalpExpert@aol.comStateBarDefense@aol.com(310)LEG-MALP(534-6257)ALSO FEE DISPUTES,PREVENTATIVE LAW & RISKMANAGEMENT CONSULTATIONSWant to settle that case?A trial lawyer for over 35 years, I havesuccessfully tried and settledmillion and multi-million dollar cases.My experience and training willhelp settle your cases.• J.D. Univ. of Cincinnati-Law Review Editor• ”AV” Rated Martindale-Hubbell• Pepperdine Univ. School of Law-Straus Institute• Arbitration Panel Ventura CountyVentura Center for Dispute Settlement• Member of VCBA, LACBA• Past President Hollywood Bar Association• Million and Multi-Million Dollar Advocates Forum(805) 485-2700 Fax (805) 485-2751Email: irmmediation@aol.com • Web: IRMlaw.net300 Esplanade Drive, Suite 1760 • Oxnard, CA 93036


10 CITATIONS • SEPTEMBER 2010VENTURA COUNTY PIONEERSELDER ABUSE COURTSBy Hon. Colleen Toy WhiteIn May 2009 the Ventura Superior Courtannounced the establishment of a dedicatedElder Abuse Court calendar. All criminal elderabuse matters filed under Penal Code Section368 except trials and preliminary hearings areheard every Wednesday at 10 am in Courtroom37 with Judge Colleen Toy White presiding.This pilot project is an innovative approach toadjudicating complex matters of elder abuse.Ventura is one of only three courts in Californiawith a dedicated elder abuse calendar.What Constitutes Elder Abuse?Elder abuse includes neglect, exploitation andharmful physical or psychological mistreatmentof anyone who is 65 or older. Cases heard inthis program include financial abuse, physicalviolence, psychological abuse, abandonment,abduction, false imprisonment, or caregivermistreatment. Elder abuse includes actsof domestic violence in marital, dating, orcaregiving relationships. Elder abuse caninclude senior-on-senior crimes.If the victim of a crime is 65 years old or older,the convicted abuser faces additional criminaland civil penalties under California law.Cases involving financial matters are theones heard most often in Courtroom 37,representing 33 percent of all the elder abusecases. Financial abuse includes various formsof the unlawful taking of an older person’smoney or property, including grand theft,fraud or identity theft. Financial scams thattarget vulnerable seniors include fake lotteryor contest winnings, investment, banking, realestate thefts and personal loan scams.Why A Specialized Calendar?Ventura’s elder abuse calendar is one steptoward addressing the expected growth in thenumber of cases involving older adults thatwill increase as our population ages. The firstbaby boomers begin turning 65 years old in2011 and boomers are 25 percent of the USpopulation. The number of people 85 or olderincreased by 38 percent from 1990 to 2000,and 100 year-olds increased by 34 percent.The prevalence of dementia – which includesAlzheimer’s disease – is estimated to be as highas 50 percent in people 85 years or older.Hearing criminal elder abuse cases in adesignated courtroom with an assigned ElderAbuse Court team creates more opportunitiesfor efficient case resolutions. The team iscomprised of a judge, deputy district attorney,District Attorney Victim Services Advocate,deputy public defender and ProbationDepartment representative. A Ventura CountyPublic Health nurse currently assigned to thiscourt can provide outreach health assessmentservices for seniors in appropriate cases. (Intime, the Elder Abuse Court team will expandthe use of community-based service providerswho will assist elders as needed.)Abuse By CaregiversAbuse by caregivers against elders is themost frequent type of elder abuse in thecommunity, but these abuses are often notreported, or reported by someone other thanthe elder victims. Such cases are complicatedby relationship and dependency factors. Mostabused elders know their abusers because theabuser often is a family member. Abused eldersmay be directly or indirectly, physically orpsychologically, dependent on their abuser forcompanionship or caregiving. Abused eldersmay suffer from early stages of dementia, andhave impaired judgment and memory lossfrom Alzheimer’s disease and other relateddisorders. In some cases both the victim andthe defendant are impaired in some way.A 92-year-old elder victim of abuse isthe caregiver of an 86 year old frienddefendant.The 86-year-old defendant accessed the 92-yearoldvictim’s credit card and charged $65,000in services and cash. The defendant had severedementia and the victim in this case was thedefendant’s primary caregiver for years. Thevictim's and the defendant’s families assistedin the resolution of the case. The victim wasopposed to the prosecution of defendant but nolonger wanted to be the defendant’s caregiver.The court granted the parties’ request for time toresolve the matters. The families of the victimand defendant were unaware of the severity ofthe problems experienced by the elders in this caseuntil the case was filed. The court team organizedseveral family members who traveled from out ofthe county to participate in the disposition of thematter and assist in the care plan of the victimand defendant.An elder parent may have provided lifelongcare for an adult child with chronic mentalillness, a disabling psychological disorder,or a drug and alcohol addiction problem.Over the years as the parent ages and beginsto suffer from a disability or impairment,he or she can start to rely on their impairedadult child for their own care as well. Theseimpaired adult children evolve into theirelderly parent’s caregivers and sometimes canbecome financially, psychologically or evenphysically abusive to their elderly parents.Cases involving elders and dependent adults inmutually dependent relationships can benefitfrom expert evaluations and communitybased service providers to assist in the courtresolution process.Disabled and dependent adult attacks hisconservator who is his elderly father.The 51-year-old defendant physically attackshis 75-year-old elderly father. The defendant isa dependent adult and suffers from a disablinghead injury from a motorcycle accident 10 yearsago. He attacked his elderly father with a clubin an argument over obtaining more moneyto buy street drugs. The defendant’s father hasbeen his conservator since the accident and theyreside together. The defendant suffers from severecognitive impairment, episodic angry and violentoutbursts when he uses street drugs. The elderlyvictim strongly opposed and objected to anycriminal action taken against his son even thoughthe risk of serious injury and even death was aconsideration in this case. The elderly victimwrote a letter of opposition to the proceedings forthe court to consider.In cases where isolated elders have undiagnoseddementia they are at risk for elder abuse andvictimization. Persons in the early stages ofdementia may have questionable legal capacityand if left unprotected are especially vulnerableto financial abuses by their caregivers andothers. Scam artists will relentlessly prey on


SEPTEMBER 2010 • CITATIONS 11isolated elder victims using telephone, internetor in person solicitations to engage the elderlyin fraudulent services or financial investmentschemes.Historically, elder abuse is frequentlyunreported, especially if the victim is impairedor the perpetrator is a trusted friend or a familycaregiver or the elder’s adult child. A surveyof people 65 or older was conducted by theVentura Area Agency on Aging and the VenturaCounty Superior Court to assist in identifyingthe community legal issues and concerns. Itfound that 14 percent of the responders hadbeen victimized by crime in the last five years.Thirty-eight percent of the victims did not evenattempt to report the crime to the police.Abusive neglectful caregiver daughter andher dependent memory-impaired mother.The court had to remand an abusive caregivingdaughter who violated the terms of her probationwhen she movedout of the county. The defendantcontinued to neglect her dependent mother. Acoordinated effort was made by the elder courtteam to provide an alternative care plan for the91-year-old cognitively-impaired victim who wasattending a courthearing the day her daughterwas led to jail.The elder abuse centered onneglect (malnourished and dehydrated victimfound covered in own feces, maggots, bedsores).The matter was reported to Adult ProtectiveServices but the victim refused APS serviceand repeatedly expressed fear of being separatedfrom her daughter, her abusive caregiver. Theonly person the elder had allowed to provide forher care was her impaired daughter who had ahistory of mental illness. The victim was fearfulof being separated from her daughter and placedin a residential care facility or nursing home.Fortunately alternative plans for her care werearranged so that the victim’s grandson from out ofstate could provide care for his grandmother.All types of elder abuses are unreported butthe most frequent may be financial abuse.Even with the problem of under reporting thenumber of financial elder abuse, cases haveincreased every year for several years for boththe Ventura County Adult Protective Servicesand the District Attorney’s office.Establishing an Elder Abuse Court calendaris an initial step taken by the Ventura CountySuperior Court to improve court practicestoday and in the future. By consolidating elderabuse cases in one courtroom, the court canprovide an efficient and effective approach toadjudicating these difficult matters.MEDIATION/ ARBITRATORMEDIATION/ ARBITRATORRichard Richard M. M. Norman40 years litigation experience-AV rated.Personal injury, business, construction, employment, real estate,probate/trust, partnership and corporate disputes and dissolutionsMember: American Board of Trial AdvocatesPast president Ventura County Bar Association and Ventura CountyTrial Lawyers AssociationAmerican Arbitration Association and NASD arbitratorTrained Mediator– Pepperdine University Straus InstituteReasonable fees and flexible scheduling. No administrative charges.40 years litigation experience-AV rated.Personal injury, business, construction, employment, real estate,probate/trust, partnership and corporate disputes and dissolutionsMember: American Board of Trial AdvocatesRichard M. NormanPast president Ventura County BarOfAssociationCounseland Ventura CountTrial Lawyers Association Norman Dowler, LLP840 County Square DriveAmerican Arbitration AssociationVentura,andCaliforniaNASD93003-5406arbitratorTrained Mediator– Pepperdine (805) 654-0911 University RNorman@normandowler.com Straus InstituteReasonable 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


12 CITATIONS • SEPTEMBER 2010LOCALCONSERVATORSHIPRULES CHANGEDBy Cheri KurmanEffective July 1, Ventura County SuperiorCourt Local Rule 10.02 was changed torequire the completion of a ConservatorshipCare Plan. The change incorporates therequirements of Probate Code section2352.5 and the General Plan (found underthe old local rules) into one document.The Conservatorship Care Plan is a localform (VN233). The ConservatorshipCare Plan must be filed within 60 daysafter appointment, rather than the 90 daysrequired under the old General Plan.Medi-Cal Eligibility AssistanceElder Law Attorney Craig R. Ploss specializes in assisting individualsobtain Medi-Cal Long Term Care (LTC) benefits to cover the costs ofskilled nursing care. Services include:• a custom-designed eligibility analysis & qualification plan for LTC benefits• preparation and filling of Medi-Cal Application; represents applicant during entire process• avoidance of Medi-Cal Recovery Claim/Leins and Probate upon death of Medi-Cal beneficiary• appealing denial or loss of LTC benefits and Recovery Claims/LiensLaw Offices of Craig R. Ploss290 Maple Court, Suite 118, Ventura, CA 93003Tel: 805/642-8407 • Toll Free 866/789-9907 • FAX: 866/379-2149 • Email: ploss@tds.netThere is also a new mandatory JudicialCouncil Form for the Order AppointingProbate Conservator. The form is Attachment29, Other Orders, and sets the dates theConservatorship Care Plan, Inventoryand Appraisal, First Account and Reportand Petition for Its Settlement, and FirstAnnual Status Report must all be filed.The Attachment also calendars the hearingdate for the First Account and Report andPetition for Its Settlement, as well as hearingdates for the other pleadings in the event theyare not timely filed. This Attachment is alsoa local form (VN232).Both local forms can be found at http://www.ventura.courts.ca.gov/localforms.htm.For more information, please contact CheriKurman at ckurman@normandowler.com.Cheri L. Kurman is acertified specialist in estateplanning, probate & trustlaw and a partner atVentura-based NormanDowler.


Your Trusted ExpertsSEPTEMBER 2010 • CITATIONS 13


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SEPTEMBER 2010 • CITATIONS 15


16 CITATIONS • SEPTEMBER 2010WHAT’S THE MEANING OF “MEANINGFUL USE?”By Karen Darnall“To err is human, but to really foul things upyou need a computer.” - Paul EhrlichEarly this year when healthcare reform wasthe subject of noisy town hall meetings, thefederal government was quietly promulgatinglaws to promote electronic health records(EHR). Little-known rules (that havenothing to do with healthcare coverage) willforever shape the way clinical data is collectedand the way doctors relate to their patients.The Department of Health and HumanServices (HHS) has devised a carrot-and-stickstrategy to motivate doctors to put downtheir note pads and use computer keyboardsinstead.What Is the Carrot?Last year Congress passed the AmericanRecovery and Reinvestment Act of 2009.Better known as the Stimulus Act, it authorizeda budget of $27 billion to improve “healthcare, quality, safety and efficiency” throughthe Health Information Technology forEconomic and Clinical Health (HITECH)Act (Title VIII).On July 28th, 2010, HHS publishedmeaningful use (MU) rules to help eligibleprofessionals (mostly hospitals and doctors)purchase new EHR systems.Next year Medicare will start paying bonuses of$44,000 (spread over 5 years) to MU-qualifieddoctors. Medi-Cal providers will get $21,250to purchase EHR systems plus $8,500 peryear up to $63,750 over six years. Hospitalincentive payments are based on the volumeof Medicare, Medi-Cal and charity patientsplus other factors. Mid-size hospitals mayqualify for $6-7 million and large hospitalsmay receive up to $11 million.Health-IT vendors expect to profit from theHITECH Act and are eagerly waiting forHHS to publish Certification rules for EHRModules.What Is the Stick?After 2015, professionals who decline MUsystems will see their Medicare reimbursementsincrementally reduced. The penalty for nonadoptersstarts at 1 percent and rises 1 percenteach year to a maximum 5 percent penaltyin 2019. Hospitalist and Medi-Cal doctorsare not subject to reductions in Medi-Calreimbursement but they will be subject toreductions in Medicare reimbursements.Rural areas may lack important resources suchas IT consultants and sufficient bandwidthto support MU compliance. Some countrydoctors have already sold their practicesto hospital groups as a prelude to earlyretirement. HHS has authority to exemptnoncompliant providers for hardship, ona case-by-case basis, but the exemption issubject to annual renewal and is limited to5 years.What Does MU Require?Last January when HHS published initialrules, hundreds of stakeholders complainedthat MU would be unachievable for mostproviders. Consequently, HHS relaxed therules and took a gradual, three-stage approachto meeting its goals. Stage I specifies 15 Coreobjectives, plus each provider must chooseanother 5 procedures from a Menu set of 10objectives specified by Medicare.Stage I Core objectives requires doctors to usecomputerized provider order entry (CPOE)systems and e-prescribing systems; they mustenter specific data required by CMS andstate agencies; they must be able to providecopies of EHR to patients upon request andrecord clinical summaries for each officevisit and send alerts for drug interactionsand be capable of up dating problem lists,diagnoses, medication lists, allergy lists andchanges in vital signs (including automaticcalculation of BMI); they must recorddemographic data and smoking status; theymust be able to incorporate lab results andbe able to designate clinical data to exchangewith medical providers (and other patientauthorizedentities). Also, each EHR systemmust be able to implement “at least oneclinical decision support rule” and be able toprotect electronic health information.What Does MU Mean to Patients?Some people are troubled by HHS’s decisionto calculate everyone’s body mass index (BMI)because it smacks of government meddling.But collecting such data is probably not acivil rights violation. Calculations are whatcomputers do best. Besides, MU rules donot specify how often patients must getweighed.Some people are annoyed by questions abouttheir smoking status. But knowing that fewerthan 100 cigarettes in one’s lifetime is the MUrule that defines a person who never smoked— could help some people report their statustruthfully.Some people are already accustomed to seeingEHR data entered on laptops during officevisits. A few tech-savvy doctors already uselarge-screen monitors to display radiologicimages to patients.Some doctors have purchased iPads toshow patients how to browse the web forappropriate information on their condition.EHR has instructional value (especially forcomputer geeks).Large medical groups like Kaiser, and manypharmacies, are already emailing messages totheir patients. Some facilities allow patientsto view lab results on line.What About Confidentially?Creating rules for exchanging EHR betweenproviders and entities will be very trickyindeed. HITECH has budgeted $564million to help states “rapidly build capacityfor exchanging EHR.” But California,unfortunately, is a lumbering giant.For 30 years, California’s Confidentiality ofMedical Information Act (CMIA) has allowedproviders and health plans to disclose certainhealth information without obtaining signedconsent. Since 2003, state lawmakers havemade an effort to harmonize CMIA withthe federal HIPAA Privacy Act but this jobis unfinished. Adding HITECH objectivesto the mix will increase uncertainty aboutfederal pre-emption.HHS has designated a Tiger Team torecommend policies to protect privacy andsecurity. Patient consent for disclosingsensitive information (such as HIV statusand substance abuse treatment) is a currenttopic of debate. Chairman Deven McGraw


SEPTEMBER 2010 • CITATIONS 17recently said, “We want to honor patientpreferences from the policy perspective anddetermine if technology supports it.”Although it is feasible to isolate highlysensitive data, there is substantial risk thatunauthorized disclosures will occur whenelectronic data is shared with foreign EHRsystems. HIPAA has standards for encryptingpersonal health information (PHI) but TigerTeam Co-chair Paul Egerman calls suchprotections “leaky.” To clarify the group’smission, Egerman offered an analogy:“Imagine you were standing by a highway andsaw an ambulance pass. That’s interesting, butyou don’t know anything about the person init, so it has nothing to do with PHI. But ifthe patient’s name is written on the outsideof the ambulance, then you know somethingabout them.”Collaborative Family LawProfessionalsTransforming family law into a collaborative processWhat About Errors?Purging EHR is problematic because, thus far,HHS has no rules to cover such procedures.(The Tiger Team is scheduled to vote on aseries of policies in September.) Private No court battles Collaborative Creative Win-win climate Clients in charge Faster Child sensitiveCalifornia’s CMIA gives patients the right towrite an Addendum (limited to 250 words)that must be placed in the patient’s medicalchart. The advantage of this remedy is thatno provider can refuse to record the patient’sAddendum even if the provider stronglydisagrees with the patient’s version of the facts.Federal HIPAA gives patients the rightto seek changes to PHI as long as theprovider maintains such records. If PHI issent through a network, the provider mustmake reasonable efforts to promptly contacteveryone identified by the patient, and theprovider must also investigate the audit trailto track additional recipients. For now, wemust accept the bitter with the sweet. EHRhas indelibly changed the medical landscape.Expect a bumpy ride while MU reveals newhorizons.Collaborative Family LawyersLeonard AlexanderPaul BlatzTerry Anne BuchananEd BuckleRebbecca CalderwoodJohn CastellanoSteve DebbasDouglas GoldwaterThomas HutchinsonPatricia LamasJan LoomisPatti MannJulianna MarcielDavid MasciEdward MatisoffJeanne McNairPaul MillerSteve MitnickMark NelsonMarsha NiedensGary NorrisGuy ParvexMichael PercyBarton PokrasDavid PraverRichard RabbinRichard RossDonna SantoKeri SepulvedaHillary ShankinSylvia SotoRandall SundeenRichard TaylorMarguerite WilsonAllied ProfessionalsMental Health ProfessionalsRobert Beilin, Ph.D.James Cole, Ph.D.Deborah Huang, LCSWNancy Lopez, MFTDiana Nolin, Ph.D.AccountantsSusan Carlisle, CPAWayne Lorch, CPAVocational ConsultantGabrielle DavidKaren Darnall practiceshealth care and civillitigation in Camarillo.She is a member of theCITATIONS editorialboard.www.collaborativefamilylawyers.comCollaborative Family Lawyers, Inc.


LivHome_Ad_4.5x4.5.pdf 1 5/26/10 10:52 AM18 CITATIONS • SEPTEMBER 2010SOMETIMES THEGOVERNMENT DOESTHE RIGHT THINGBy Lou VigoritaThe Social Security Administration has hada compassionate allowance for people withany of 50 different conditions. They areeligible for medical coverage under Medicarewithout having to be 65 years old or havingto comply with the mandatory two-year waitafter becoming eligible for Social Securitydisability insurance. Compassionate allowancesare a way of quickly identifying diseases andother medical conditions that clearly qualifyfor Social Security and Supplemental SecurityIncome disability benefits. It allows the agencyto electronically target and make speedydecisions for the most obviously disabledindividuals.Recently, Commissioner of Social SecurityMichael J. Astrue announced that the agencyis adding 38 more conditions to its list ofCompassionate Allowances, the first expansionsince the original list of was announced inOctober 2008.The new conditions range from adult braindisorders to rare diseases that primarily affectchildren. Commissioner Astrue said that theexpanded list will allow tens of thousands ofAmericans with devastating disabilities to getapproved for benefits “in a matter of daysrather than months and years.” This programis being hailed as “truly innovative” by Peter L.Saltonstall, President and CEO of the NationalOrganization for Rare Disorders (NORD). Forexample, people with early onset Alzheimer’sare immediately eligible for Medicare now.Previously, legislation to provide for early onsetAlzheimer’s was defeated in Congress. Now,some patients as young as 50 are eligible forimmediate Medicare coverage as of March 1,2010.The original 50 conditions are listed athttp://www.ssa.gov/compassionateallowances/conditions.htm. The 38 new conditionsare listed at http://www.ssa.gov/compassionateallowances/newconditions.htm.Lou Vigorita practicesSocial Security andworkers compensationlaw in Ventura. Heis also a member ofCitations’ editorialboard.Accident ReconstructionMarc A. FirestonePh.D.“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 backgroundWhat keeps youup at night?LivHOME’s advanced degreedCare Managers can help with:• Complicated family dynamics• Caregiver concerns• Contested conservatorships• Courts requesting objective oversight• Concerns regarding younger dependent clientsLivHOME is the nation’s #1 provider ofprofessionally led at-home senior care.www.livhome.comServing all of CaliforniaTo partner in helping your clients, call805-963-4892 or 866-470-8579Live long. Live well. LivHOME ṬM2510-g Las Posas Rd.#513Camarillo, CA 93010Phone: (805) 388-7123E-Mail: fireball@mailaps.org


SEPTEMBER 2010 • CITATIONS 19FAMILY 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.netLarry L. HinesMediation Services“Where Experience and Knowledge Count”Limited to complex family law, probate/trust,business and employment lawServing Los Angeles, Ventura, Santa Barbara & San Luis Obispo Counties40 years of civil and appellate experiencePractice devoted primarily to complex family law, probate/trust,business and employment lawParticipated in hundreds of mediation and settlement conferencesLead trial lawyer in over 100 jury and court trialsServed as mediator, arbitrator and temporary judgeAttended the Straus Institute for Dispute Resolution,Pepperdine School of LawLarry L. Hines, Of CounselNordman Cormany Hair & Compton LLP, 1000 Town Center Drive, Sixth Floor, Oxnard, CA 93036Call Marina at (805) 988-8336 for appointmentsSee website for details and Curriculum Vitae at www.lhinesmediation.com


20 CITATIONS • SEPTEMBER 2010LRIS TODAYBy Alejandra Varela-GuerraThe Lawyer Referral and Information Serviceis a community-based program which servesas a conduit, connecting the public withqualified, experienced attorneys who specializein particular areas of the law. Depending onthe nature of the client’s situation, LRIS staffcan arrange for an initial consultation with aparticipating LRIS member who specializesin the appropriate area of legal need. Forinstance, if a potential client calls the LRISfor a divorce, LRIS staff will schedule a halfhourconsultation with an experienced familylaw attorney.With 90 attorneys in 21 different areas oflaw, the LRIS is able, in most cases, to assistmembers of the community with an attorneyexperienced with their legal problem. In 2009,the LRIS made 3,226 referrals to people in thecommunity.So the next time you receive a request forservices you are not in a position to provide,remember the LRIS, the reliable referral.If you are an attorney who is interested injoining the LRIS, please contact Alex at (805)650-7599 or via e-mail at alex@vcba.org.Attorneys are needed in various areas of lawand Spanish-speaking attorneys are neededin all areas.Alejandra Varela-Guerra is the ClientRelations Manager atthe Ventura County BarAssociation.TRACY COLLINSAttorney At LawERISARepresenting claimants in the denial ofgroup disability and life insurance claims.5699 Kanan Road, Suite 415Agoura Hills, CA 91301(818) 889-2441Fax: (818) 889-1210erisadisability@aol.com


Ear To The WallFour firms have moved to 80 Wood Road,Suite 300, Camarillo 93010: The Law Officeof Laurie Peters (including Donna Rhodes)(805) 484-6885; The Law & MediationOffice of Ellen Hirvela Russell (805)482-9340; The Law Office of Lynn Smiley(805) 639-0428; and The Law Office ofJanet Mertes (805) 987-7400.The Thousand Oaks Law Office of RobertM. Triplett is pleased to announce thatattorney Jeanne L. O’Brien has joined thefirm. A native New Englander and graduateof Vermont Law School, O’Brien bringsalmost 25 years of law practice experience,and is admitted in Hawaii as well as inCalifornia. 223 E. Thousand Oaks Blvd.,Suite 320, Thousand Oaks, California 91360.(805) 496-4681.Shantel J. Kuntuzos takes great pride inopening her law practice, focusing on realestate transactions and litigation, landlordtenantissues, business transactions andlitigation, and attorney contract services.3075 E. Thousand Oaks Blvd., WestlakeVillage 91362. Phone (805)496-1588; fax(805)496-1589; email info@kuntuzoslaw.com; email: www.kuntozoslaw.com.www.californianeutrals.orgwww.californianeutrals.orgSEPTEMBER 2010 • CITATIONS 21Mr. Carrington is “very knowledgeable. Insurance companiesrespect his opinion. Extensive trial experience (ABOT), excellentmediator, fair, objective arbitrator. Extraordinarily www.californianeutrals.orgcapable andforthcoming with efforts and involvement. He is very thoroughMr. and Carrington fair.” Quote is “very from knowledgeable. 2006 Consumer Insurance Lawyers Evaluations companiesrespect his opinion. Extensive trial experience (ABOT), excellentmediator, fair, objective arbitrator. Extraordinarily capable andforthcoming with efforts and involvement. He is very thoroughand fair.” Quote from 2006 Consumer Lawyers EvaluationsMr. Carrington is “very knowledgeable. Insurance companiesrespect his opinion. Extensive trial experience (ABOT), excellentmediator, fair, objective arbitrator. Extraordinarily capable andforthcoming with efforts and involvement. He is very thoroughand fair.” Quote from 2006 Consumer Lawyers EvaluationsHoefflin & Associates,A Law CorporationPersonalized representationto attain client goalsHoefflin & Associates delivers results by putting clientinterests first and using a team-based approach to creatively,intelligently, and effectively resolve legal matters.Emphasis on Real Estate Business and Corporate Partnerships/ LLC’s Estate Planning Executive Employment Trademark and Copyright2659 Townsgate Road, Suite 232Westlake Village, CA 91361(805) 497-8605www.hoefflinlaw.comRefer with confidence(Standing, left to right) Jason M. Burrows, Esq. Richard M. Hoefflin, Esq. Tamara L. Harper, Esq. Steven A. Meadville, Esq., Of Counsel


22 CITATIONS • SEPTEMBER 201011TH HOUR MEDIATIONIt’s never too late to mediate.Make an InformedClient ReferralHow often do you get a callfrom a prospective client with alegal need that falls outside yourarea of practice? Turn to theLawyer Referral Service, the onlyABA certified, non-profit legalreferral service in our county.Refer your client somewhereyou can trust– have them visitLRIS online at www.vcba.org orcall (805) 650-7599.DAVID M. KAREN, ESQ.MEDIATOR & ARBITRATORDK@11thHourMediation.com(805) 988-4728P. MARK KIRWIN, ESQ.MEDIATOR & ARBITRATORPMK@11thHourMediation.com(805) 320-5583Offices in Ventura, Oxnard, Encino and Los Angeles.11THHOURMEDIATION.COMJACOBS & JACOBSACCOUNTANCY CORPORATIONCERTIFIED PUBLIC ACCOUNTANTSTAX PROFESSIONALS SINCE 1944THERE’S NO SUBSTITUTE FOR EXPERIENCE & 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


SEPTEMBER 2010 • CITATIONS 23UCLA LAW DEAN MORAN TO HIGHLIGHT MABA DINNERBy Jessica ArciniegaThe Ventura County Mexican American BarAssociation (VC MABA) hosts its annualscholarship dinner on Friday, Oct. 29 at6 p.m. at the Courtyard Marriott Hotelin Oxnard. Tickets are on sale for $50 perperson.Keynote Speaker Is UCLALaw’s New DeanVC MABA has existed for over 30 years.Membership is comprised of attorneyswho practice in a wide variety of fields, lawstudents and community members. VCMABA is committed to the advancement ofthe legal profession and the empowermentof the Latino community through advocacyand the promotion of equal justice.For information about scholarshipapplications, how to donate to the scholarshipfund, or to purchase tickets, contact JessicaArciniega at (805)988-0285.VC MABA is proud to announce this year’skeynote speaker, Rachel F. Moran, deandesignateat the UCLA School of Law andformerly a Boalt Hall law professor. Moranwill be the first Latina dean of a top-rankedU.S. law school. Moran, who teaches torts,education law, and race and the law, willassume the role of dean and professor of lawon October 15.Moran served as president of the Associationof American Law Schools in 2009. Shehas published and lectured extensively oneducation law and policy, family law, andcivil rights and antidiscrimination law.Following her undergraduate education atStanford and law school at Yale, Moranclerked for Chief Judge Wilfred Feinbergof the U.S. Court of Appeals for the 2ndCircuit.“The selection of Rachel Moran as the nextdean of UCLA School of Law is a greattriumph for our law school,” said Stephen C.Yeazell, UCLA Law’s interim dean. “RachelMoran is a respected and accomplished legalscholar, an excellent and dedicated teacherand a terrific institution builder.”Judge Conroy to Be HonoredCourt Appointed Receiver/Referee“Mr. Nielson is more than just a pretty face.He is one of our best receivers.”(Hon. John J. Hunter, October 9, 1999)The Superior Court has appointed Mr. Nielson in over 400 casesinvolving the sale of real property, partnership or businessdissolutions, partition actions and matters requiring a referee.LINDSAY F. NIELSONAttorney at LawMember – California Receiver ForumEmail: nielsonlaw@aol.com845 E. Santa Clara, Ventura, CA 93001(805) 658-0977“This year’s dinner will honor Judge GayConroy with the Access to Justice Award.Members of MABA recognize Judge Conroyfor her leadership in establishing the FamilyLaw Self-Help Center, among her manyachievements, and her commitment to alllitigants having access to the legal system.MABA ScholarshipsThe annual dinner raises money to providescholarships to students pursuing a career inthe legal field. This year, VCMABA expectsto award four $1,000-dollar scholarships.www.sgmlaw.net


24 CITATIONS • SEPTEMBER 2010®RINGLERASSOCIATESThe FIRST NAME inSTRUCTURED SETTLEMENTSProud Member of the President’s Inner Circle of CAOCSERVING the VENTURA COUNTY AREAPAUL FARBERPaulFarber@ringlerassociates.comCalif. Insurance License 0F82495ALL SERVICES PROVIDED AT NO COST to PLAINTIFF or DEFENSEwww.ringlerassociates.com 800-734-3910 toll free®Sometimes 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


CLASSIFIEDSOFFICE SPACE AVAILABLERestored Victorian Home - built in late 1800’s.Ventura City Landmark. Offices start at $500/month, or rent whole building consisting of4650 square feet, 17 offices, two fireplaces, pluscommon furnished reception area. 143 FigueroaStreet, old town Ventura, between the Missionand Fairgrounds, across the street from Court ofAppeal. Landlord pays utilities, janitorial andprovides furnished common reception area. CallDon Parrish at (805) 340-1204.Part-time Law Office Available - Conejo Valley.Maintain a professional address and meet clientsin an attractive setting. One or more days aweek available in a top Thousand Oaks location,including mail services, copy machine, andconvenient conference room. (805) 497-4662.Law Office - View office in private suite in theCourt of Appeal building on Santa Clara Street,Ventura. Receptionist provided for clients andphones, law library/conference room, kitchen,free copying. $950 per month. Contact T. Viele(805) 643-865.Westlake Village Offices for Rent - Spaciousattorney and secretarial office in established,desirable Westlake Village professional building.Shared suite with another attorney and secretary.$800 monthly. Call (805) 496-5004.2 Window Offices - Multi-office suite locatedin the Paseo Camarillo Professional Center. Idealfor any sole practitioner. Suite has two conferencerooms, common area, and handicap access. Manyamenities. Conveniently located minutes fromthe 101 freeway near Carmen Drive off-ramp.Walking distance to banks and food court plaza.Call (805) 384-1313 or email srubio@vcds.bzfor more information.Tower Office Spaces Available - Free Rent withrare opening in suite 1180 in the “Tower” VenturaCounty’s premier office address. “King’s Corner”office with great views as well as individualwindow offices available in multi-conferenceroom, established full attorney suite 1180. Fullamenities available, including potential foroverflow or start-up assistance. Great turnkeylocation for solo, small firm and mediators.Short or long term, best offers accepted! Call(805) 988-4848.OFFICE FURNITUREFiling Cabinets & Table For Sale - Four (4)grey Steelcase 42” wide 4-drawer lateral filingcabinets with shelf locks, in excellent condition.70” x 40” Danish teak dining table with twoleaves. Call Susan at (805) 339-0960.LOST WILLLast Will and Testament of James Yee - The LawOffice of Hilary Shankin is seeking informationfrom any attorney who might have worked onthe Last Will and Testament of James Yee. Mr.Yee was a resident of Oxnard who appears to havedied intestate. His family has retained the LawOffice of Hilary Shankin to handle the probateof this estate. If you have any information onthis matter please contact Ms. Hilary Shankinor her paralegal at (805) 650-7847.FOR SALETired of Paying Rent? - Own your law officebuilding Downtown Ventura. Walk to Court ofAppeal, City Hall, 12 Minutes to the Courthouse.Call (805) 653-2505.SEPTEMBER 2010 • CITATIONS 25Victory Videolegal videographydepositionsDVD - Digital - VHSWayne Marien, CLVS805.404.3345victoryvid@mac.comwww.victoryvideo.u sTri-County SentryNewspaperLEGAL/PUBLIC NOTICESWe can publish your Trustee’s Sales,Probate Notices and Change of Names.Court Order No.125431Rates:Trustee’s Sales...$225 approxPetition to Admin $180Change of Name...$110Legal Notices...$9.50For the bestservice call983-0015We file your Affidavit of Publication with the courtA PARALEGALIS HIDING IN YOUR OFFICEAttorneys: Paralegals can bring better service to the client and decrease your workload,while providing a higher profit margin. You remain competitive and are able to serve moreclients. Is there someone in your office who could benefit from paralegal training?Paralegal ProfessionalCertificate ProgramClasses begin Sept. 20.For questions regarding theprogram, contact Craig A.Smith, paralegal@els.ucsb.edu,893-7440. To enrollcall 893-4200 or visitwww.extension.ucsb.eduSERVICES OFFEREDContract Attorney - Let me pick up where youleft off. Court appearances, document review,research, pleadings, motions, discovery, generalpractice. Affordable rates. Call Kate Brolan(805)861-0690, or email: k8brolanlaw@gmail.com.ChanginglivesUNIVERSITYOF CALIFORNIASANTA BARBARA


26 CITATIONS • SEPTEMBER 2010Exec’s Dot…Dot…Dot…By Steve Henderson, Executive Director, M.A., CAEIt was a conspiracy of miraculous proportions.A coalition of ex-compadres. They wentahead without my permission. I knew itwould go south immediately and crudely. Sofar, my photo, circa 1976, has been likened indozens of ways and none of them flattering.My favorites include Ted Kaczynski (forthose of you too lazy to Google, he’s theUnibomber); a Doobie Brother (althoughI don’t know if they were referring to theband or Mary Jane); a Buttface (the mostaccurate so far); Jeremiah Johnson (anunattractive one, not the Robert Redfordone); a Caveman of some sort (consideringI hadn’t showered in days, I can see thatone); a cross between the Unibomber andSanta (don’t quite get the Santa part unlessmy belly was being assumed); and a laborlaw lawyer thought it humorous that it wasunlikely I could pass a urine test. The pictureof me at a base camp in the High Sierras alsoproduced an array of photoshopped softporn including J Lo and some stranger witha pony-tail named Tiffany. The good news?They could actually raise some serious coinfor the VLSP, Inc., which is the reason I’mplaying. 200 people generates $10,000. I’mhoping for 300 friends to drop by the TowerClub and $15,000 goes to an Award Winningcommunity service. The question remains.Will I be in attendance?...The Ben E. Nordman Public Service Awardwill be presented during the bar’s AnnualInstallation and Awards Banquet November20. You still have a brief window to submita Nomination Form (they are due 9.10)and can easily be found at www.vcba.org.Last year’s recipient, Bob Huber, iscampaigning for Mayor of Simi Valley. The1997 recipient? Carmen Ramírez is runningfor the Oxnard City Council…Video ofthe Month: www.metacafe.com “A WorldWithout Lawyers”…Ventura lawyer, JohnParker, has his Letter to the Editor publishedin the July California Lawyer regarding thelegalization of Mary Jane…From Lisa Spillman: “FYI, I just readthe book “Making Your Case” by USSCJustice Antonin Scalia and Bryan Garnerand came across a quote from the lateVentura attorney Ed Lascher (p.166), “Itis a pleasingly brief and ritualistic touch toopen with ‘May it please the Court’; it is acrashingly boring waste of time to describesycophantically how happy counsel is tobe there.”…Recommended reading of themonth: The Autobiography of an Execution.By David R. Dow. The University ofHouston Distinguished Professor and Yalelaw school graduate is an appellate attorneywho has represented more than 100 deathrow inmates…Jon Light has publishedan article for the May/June edition of CAEmployer entitled, “Cheech & Chong NeedNot Apply.”… A to Z firm will be celebratingits 20th Anniversary 9.2Barristers’ Treasurer John Negley climbedto the top of Mt. Whitney, 14,500 ft., onFather’s Day weekend with his 10-yearoldson Matthew and his 60-years-youngmother. The three generations of Negleysused ice axes and crampons to reach thetop in unseasonably high snow fall. Theyclimbed from 3:00 a.m. until 9:30 p.m.– 18 1/2 hours to reach the highest pointin the continental U.S….Movie Quote ofthe Month: Frank: “Your Honor, ladiesand gentleman, this is irrefutable evidencethat the defendant is, in fact, lying. Judge:“This is a preliminary hearing. There is nodefendant. There is no jury. It’s just me. Son,what in the hell is wrong with you?” FromFrank Abagnale (Leonaro DiCaprio) tries hishand at lawyering in Catch Me If You Can(2002)…On August 1, at Paradise Covebeach in Malibu, Matt LaVere asked hisgirlfriend, Alicia Monturano, to marry him.They met randomly at a club in Las Vegaslast year. She resided in New Jersey, but theyhit it off and did the bi-coastal commute for6 months. She said yes and has moved toVentura…License Plate of the Month: JUVLAW ona late model Honda Accord piloted by Inn ofCourt board member Deborah Jurgensen…These people live among us! A New Jerseycouple who gave their children Nazi-inspirednames should not regain custody of them, astate appeals court ruled August 5 . , citing theparents’ own disabilities and the risk of seriousinjury to their children. The state removedHeath and Deborah Campbell’s three smallchildren from their home in January 2009.A month earlier, the family drew attentionwhen a supermarket refused to decorate abirthday cake for their son, Adolf HitlerCampbell. He and siblings JoyceLynn AryanNation Campbell and Honszlynn HinlerJeannie Campbell have been in foster care.Oh, BTW, Heath Campbell, 37, cannotread and Deborah Campbell dropped out ofhigh school before finishing the 10th grade.BTW #2, a Wal-Mart in Pennsylvania woundup decorating the cake…Brian Nomi is anew papa. Baby Mathew was born at 1:21p.m. August 4. He weighs seven pounds, sixounces. His wife, Dream, doing great andBrian reports Matthew “eating and peeingjust fine.”…The Ventura Superior Court’s local rules wererevised effective July 1. They may be viewedat www.ventura.ca.gov...Some happenings atthe VC PD office you may not be aware of –Howard Asher was appointed Assistant PDin May. Monica Cummins was appointedChief Deputy PD in July…Wanna box? I’mtrying to find an opponent for Dean Hazard,who’s been training for three-plus years atVentura’s KO Boxing Club. He spars oncea week and trains once a week and ready fora sanctioned fight. Problem is, you have tofight someone within 5 years of either sideof your age. Dean’s Bar # is 105794 and canbe reached at 981.8555…Steve Henderson has been the executivedirector and chief executive officer of the barassociation and its affiliated organizations sinceNovember 1990. He will be celebrating his45th year on this earth 9.17 and is acceptingChimay Ale, Red Stripe, Fosters, or Pacifico.Better yet, donate a buck or ten to the vcba/vlsp, inc. And finally Henderson will be in theBig Apple viewing the “Yanks and the Sox”9.25. Henderson may be reached at steve@vcba.org, Twitter at stevehendo1, FB, LinkedIn,or preferable 650.7599.


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

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