MAG-Riverside Lawyer 0705 300373 - Riverside County Bar ...

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Litigation Update (continued from page 13)ney fees even though they do not have a personal obligation to paythem, the Court of Appeal disagreed, holding that the statute does notspecify “that any particular person must have incurred the expert witnessfees, just that the fees must have been actually incurred.”Statute mandating relief from default based onlawyer fault applies, even though the lawyer islicensed only in another jurisdiction.Code of Civil Procedure section 473, subdivision (b) mandatesthat the trial court grant relief from default where the lawyer for thedefaulting party files an affidavit statingthe default resulted from her or his mistake,inadvertence, surprise, or neglect. InRodrigues v. Superior Court (2005) 127 Cal.App.4th 1027 [26 Cal.Rptr.3d 194] [SixthDist.], the court held that this requirementapplies even where the lawyer is admitted topractice only in another jurisdiction.Criminal case regardingappellate jurisdiction may haveimplications for civil cases.In People v. Nickerson (2005) 128 Cal.App.4th 33 [26 Cal.Rptr.3d 563] [Third Dist.],the Court of Appeal held that where a defendantis charged with both a misdemeanorand a felony, and after the preliminary hearingthe magistrate strikes the felony, anappeal from a subsequent conviction of themisdemeanor lies to the Appellate Divisionof the Superior Court and not to the Courtof Appeal.This case might implicate appellatejurisdiction in a civil case that starts out asan unlimited jurisdiction case, but, becauseof pretrial rulings (e.g., reducing damageswhich may be claimed to less than $25,000),becomes a limited jurisdiction case. Doesthis mean that an appeal from the resultingjudgment should be filed in the AppellateDivision of the Superior Court? Until thisissue is clarified, it might be wise to filenotices of appeal directed to both courtswhen confronted with this situation.Mark A. Mellor, Esq., is a partner of The MellorLaw Firm specializing in Real Estate and BusinessLitigation in the Inland Empire.Republished with the permission of the State Barof California Litigation Section.Riverside Lawyer, July/August 2005 21
DEFENDER OF THE CONSTITUTION AWARDThe Inland Empire Chapter of the FederalBar Association presented its 2005 Defenderof the Constitution Award to Oswald Parada,Directing Attorney of the Office of FederalPublic Defender for the Central District ofCalifornia’s Eastern Division (which includesboth Riverside and San Bernardino Counties).John Rayburn, the Chief of the United StatesAttorney’s Office for the Eastern Division, presentedMr. Parada with the award at a May 5luncheon held in the Mission Inn Music Roomand attended by over 80 members of the InlandEmpire legal community. Mr. Parada, a highlyregarded criminal defense attorney, establishedthe Eastern Division’s Federal Public DefenderOffice ten years ago and was one of thefounding members of our local Federal BarAssociation.The Defender of the Constitution Awardhonors an individual whose work clearly reflectshis or her sworn commitment, as a member ofthe bar, to support and defend the Constitutionof the United States. Anyone may nominatea candidate for consideration by the Board ofDirectors of our local chapter of the FederalBar Association, which selects the recipient.A nominee must be a member in good standingof both the State Bar of California and thebar of the United States District Court for theCentral District of California, and practice orwork primarily in the Inland Empire. Thenominee may be a judge or a lawyer, includinga public attorney, government official, lawenforcement official, law professor, or communityactivist.The award, initiated last year when it waspresented to United States District Judge RobertTimlin, is named in honor of Professor ErwinChemerinsky, the long-time USC Law Schoolprofessor who last year left Southern Californiafor Duke Law School. For each of the past sixyears, Professor Chemerinsky has graciouslypresented his popular Constitutional Law lectureto lawyers of the Inland Empire, alternatingbetween San Bernardino and RiversideCounties. Without notes or ever missing abeat, Professor Chemerinsky provides a briefbut insightful and balanced summary of high-lights of numerous cases from the Supreme Court’s previous year’sdocket, as well as a preview of significant pending appeals.A plaque containing a description of the award and a list of itspast recipients is located in the Attorney Workroom at the GeorgeE. Brown, Jr., United States District Courthouse (Room 360) inRiverside. If you would like to nominate someone for the 2006award, please submit the name of the nominee and a brief explanationof why he or she deserves the recognition to: Allena Johnson,United States District Court, 3470 12th Street, Riverside, California,92501.22 Riverside Lawyer, July/August 2005
Page 1 and 2: July/August 2005 • Volume 55 Numb
Page 3 and 4: MISSION STATEMENTEstablished in 189
Page 5 and 6: 4 Riverside Lawyer, July/August 200
Page 7 and 8: WHAT DOES ONE CONSIDER A TRAGEDY?By
Page 9: OPPOSING COUNSEL: RODRIC A. PACHECO
Page 12 and 13: BENCH TO BARThe Honorable Sharon Wa
Page 14 and 15: LITIGATION UPDATEby Mark A. MellorH
Page 16 and 17: LOST IN CYBERSPACEserver from Outlo
Page 18 and 19: Supreme Court Justice O'Connor andJ
Page 20 and 21: scribed to anymore. I told myself t
Page 24 and 25: OSWALD PARADA - RECIPIENT OF THE DE
Page 26 and 27: What Does One Consider Tragedy? (co
Page 28 and 29: were tired. They wanted to leave. A

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