Kathleen Johnston Back - 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.N O V E M B E R – T W O T H O U S A N D E I G H T2008 Ben E. NordmanPublic Services Award winnerKathleen Johnston BackPAGE 6Matthew P. GuascoPanda KrollScott Taylor, Esq.PRESIDENT’S MESSAGE 3An Extraordinary Alternative to Law School 10Municipal Law Report: Regulation of Home Businesses 12LETTER TO THE EDITOR 14Robert E. King, Esq.M. Carmen RamírezThe Advantages of Hiring Your Nanny Legally 20The Legacy of Richard A. Weinstock 22CLASSIFIEDS 29STEVE HENDERSONEXEC’S DOT... DOT... DOT... 30what’s new: www.vcba.org

2 CITATIONS • NOVEMBER 2008

NOVEMBER 2008 • CITATIONS 3PRESIDENT’S MESSAGEBy Matthew P. GuascoIs it November already? It must be, because Ihave seen Christmas decorations at variousstores for the last several weeks, the Santa Anawinds have begun their yearly havoc on mygarden, and baseball season, alas, is no more.I am also nearing the end of my term as yourPresident. It has been a wonderful year. Beforeit ends, I have an enjoyable duty to perform:promoting and presiding over VCBA’s AnnualDinner on November 15, 2008, at 6:00 p.m.at the Crowne Plaza Hotel in Ventura.to make this event special: Cheri Kurman(Chair), Don Hurley (Auction), Tony Strauss(Sponsorships), Eric Reed, and Christian Arrieta.Additionally, this event would not be possiblewithout the hard work of our ExecutiveDirector, Steve Henderson, and his capablestaff: Alice Duran, Alejandra Varela, and CeleneValenzuela. There are more volunteers toonumerous to mention, but we thank you forhelping to make the Annual Dinner happen.Apart from being a fun evening, the AnnualDinner also serves an important purpose: Nsetproceeds from the event help the VCBA to continueand expand the Volunteer Legal ServicesProgram. The ticket price covers the cost ofthe event and, depending on attendance, usuallyleaves a little left over which is used to runthe VLSP. In recent years, we have relied onthe auction and event sponsorships to increasethe funds which go to VLSP. It is not too lateto be an event sponsor or to donate an auctionitem. You probably have already receiveda sponsorship invitation. Become a sponsor.Donate a weekend getaway or day spa package,or fine wines, or fine art, or sports tickets, or acondominium stay. Sponsorships and auctiondonations are the most cost-effective meansof raising funds for VLSP. Bid generously onauction items at the Annual Dinner. Your investmentin VLSP helps us to provide legal assistanceto the growing number of people inour community who cannot afford to pay forit themselves.If you want to be a sponsor, let Tony Straussknow. If you want to donate an auction item,contact Don Hurley. When you get your invitation,please send the RSVP back right awayso we can do as much advance planning aspossible. Mark your calendars now, and lookforward to a great evening with your colleaguesfrom throughout Ventura County.Coming together, having fun, supporting agood cause, honoring the community workof our colleagues. The Annual Dinner is theplace to be on November 15, 2008. I hope tosee you there.Matthew P. Guasco is the President of theVentura County Bar Association, and he is OfCounsel to the law firm of Arnold, Bleuel, LaRochelle, Mathews & Zirbel, LLP, in Oxnard,where he handles appellate litigation as wellas trial court litigation in business, real estateand probate matters. He is also a mediator andarbitrator.At the dinner, we will present the Ben E.Nordman Public Service Award to KathleenJohnston Back. Ms. Back’s long-standingservice to her community, especially to familiesand children, exemplify the qualities typicalof past Nordman Award recipients. In additionto honoring Ms. Back, we will recognizethe achievements of the following individualswho have given their time so generously to theVCBA Volunteer Legal Services Program: JosefMarc Dion, Janie Hall Beach, Sandra CannadayKnapp, and Kimberly Kay Shean. Eachwill receive the James D. Loebl, VCBA/VLSP,Inc. Pro Bono Award. In addition to being afun evening of socializing, dining and dancing,the Annual Dinner honors these people andtheir service to the Ventura County community.At this year’s dinner, there will be excellent music,a chance to catch up with friends and colleagues,a silent auction with many great items,a nice dinner, and dancing. Putting on theAnnual Dinner is no small accomplishment,and our profound thanks and appreciation goto the following members of the Annual DinnerCommittee who have worked tirelessly

4 CITATIONS • NOVEMBER 2008NEEDCLIENTS?Become a Member and letthe LRIS get clients for you!LRISLAWYER REFERRAL& INFORMATIONSERVICELRIS Needs MoreAttorneys In TheFollowing Areas:FOCUSED ONWINNINGTelegenics Legal Video and Visual Litigation Support services allowattorneys and law firms to stay FOCUSED ON WINNING through every phaseof a case – from Discovery through Trial or Settlement. For more than 26years, the experts at Telegenics have been relied upon to understand caseobjectives and develop end-to-end visual and presentation strategies togain an edge and win the case…because there areno second impressions.Civil RightsEducation LawGovernment BenefitsIntellectual PropertyTaxation LawTenant RightsMalpractice*East CountyAttorneys in all areas*Spanish speakingin all areasFor more informationcall Alex Varela(805) 650-7599www.vcba.org“Telegenics worked Jury awards with our $12.5 experts million to create in death exhibits of bicyclist which distilled“We The successfully Ventura County used Star Telegenics reported that for the synchronized award of damages video depositions involving a personal whichcomplex technical data into concepts that were readily understood anddestroyed remembered injury or wrongful defendants’ by our death jury credibility in and Garvin greatly v. Seigel trial. contributed The was jury the highest did to a not successful ever believe in Ventura a outcome.” word County. the“I was pleased defendants to have said Telegenics after we as were an integral through part with of my them.” trial team. The juryAlan R. Templeman, responded Lowthorp,- A. BarrywellCappello,to Richards, the creative McMillan,Cappellographics Miller& Noelused.” & Templeman- Mark Hiepler, Law Offi ces of Hiepler and HieplerOur comprehensive trial consultation technologies and responsive services include: Videota Transcript Synchroniza Trial Consultation andCourtroom Presenta Post Production Litiga ation of digital andvisual assets, including computer animationsT E L E G E N I C SLEGAL VIDEO & VISUAL LITIGATION SUPPORT805.981.3994Ventura: inancial Plaza Tower, 300 Esplanade Drive, Suite 900Santa Barbara: 15 West Carrillo Street

NOVEMBER 2008 • CITATIONS 52008 VCBABOARD OF DIRECTORSOFFICERSPresidentMatthew P. GuascoPresident-ElectAnthony R. StraussSecretary-TreasurerKendall VanConasPast PresidentJonathan Fraser LightExecutive Director, CEOSteve Henderson, CAELinda K. Ash Barbara Macri-OrtizClaudia Y. Bautista Joel MarkLaura V. Bartels David A. OssentjukMarge A. Baxter Mark R. PachowiczMitchell F. Disney Anthony M. RamosAmber A. Eisenbrey Joseph L. StrohmanMark M. Fang Alfred VargasRobert L. Gallaway Michael G. WalkerLilian H. Jiang Carol A. WooKathryn Pietrolungo, BarristersAccident 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 background300 Esplanade DriveSuite 1180Oxnard, CA 93036Phone: (805) 388-7123Fax: (805) 988-4948E-Mail: fireball@mailaps.orgCITATIONS EDITORIAL BOARDKaren B. DarnallMichael L. McQueenMichael R. SmentMichael A. VelthoenLouis J. VigoritaJoel R. VillaseñorMichael StraussManaging EditorWendy C. LascherCo-EditorAl VargasPublisher, CEOSteve HendersonGraphics/ProductionJ.P. McWatersGregory T. MayMark E. HancockAris E. KarakalosPanda L. KrollRobert I. LongEric R. ReedCITATIONS 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:Al VargasCo-EditorCITATIONSP.O. Box 25540Ventura, CA 93002t: 805.648.3228f: 805.643.7692e: wendy@lascher.com

6 CITATIONS • NOVEMBER 20082008 Ben E. Nordman Public Services Award winnerKathleen Johnston BackThe more you give, the more capacityto give you discover in yourself – andin your family and your friends. That’sa lesson 2008 Ben E. Nordman PublicServices Award winner KathleenJohnston Back teaches. A Venturanative and a lawyer in a family oflawyers and judges (Kathy is marriedto Superior Court Judge Brian Back;their daughter Shannon is an OrangeCounty Deputy District Attorney;Kathy’s sister, Wendy Lindley, is anOrange County Superior Court judgeand her brother Jerry Johnston is alsoan Orange County Superior Courtjudge), Kathy might have chosen alife of careless comfort. But becauseof her willingness to reach out to thosewho lack that choice, the communityis all the richer – and Kathy wouldbe the first to agree that she is nonethe poorer.The Nordman Award is presented annuallyto a local lawyer who has made extraordinarycontributions to community wellbeing. Itis particularly fitting for Kathy to receivethe award, given that Ben Nordman himselfwas Kathy’s mentor during her early years oflaw practice at Nordman, Cormany, Hair &Compton. Among the many things Kathylearned was that Ben Nordman never turnedaway a client who could not afford to pay.Instead, she says, “he always found a wayto help.”So does Kathy. A wide selection of communityleaders who joined in Kathy’s nomination forthe Nordman Award cited her leadership ather children’s schools, her constructive role inmultiple nonprofit organizations, and mostof all for her devotion to direct assistance toindividuals and families who, Kathy says, “justcrossed my path. They needed something, andno one was providing it.” That epitomizesKathy’s approach to public service – find aneed and don’t wait for an organization tofill it.Several years ago, the Back family (Kathy,Brian, and their five children) took in ateen after his mother died and his fathermoved to Asia. They helped him finish highschool, attend college and find a job. ThenKathy heard of another family acquaintancewho faced the prospect of juvenile hall. Shesays she “knew he was a good kid who justneeded to learn how to make good decisionsfor himself.”At the time, Court of Appeal Justice StevenPerren presided over Juvenile Court. Kathyhad known Steve Perren since her first legaljob, a summer clerkship at Benton, Orr,Duval & Buckingham, where he practicedalongside Jim Sherren, the late Jim McGahan,future Judge David Long, and otherlegal notables. Kathy and Brian were able topersuade Judge Perren to order that the boylive with the Backs instead of being locked up.Kathy made the boy part of their family circle,helping him learn to focus and to develop asense of self-esteem by involving him in one ofher pet projects, reading to first grade classes(before law school, Kathy was a primaryschool teacher). Kathy and Brian have sinceacted as hands-on parents to several othertroubled teens, some for weeks or months,some for a year or two.Informal foster parenthood is far from Kathy’sonly contribution to children and families.Teaching a church class for her daughterand friends, Kathy wanted to organize aholiday project. She asked a shelter to helpher identify a needy family. When asked topick one family from a list of five familieswho would otherwise have a bleak ChristmasKathy could not choose so committedto all five families including 17 children.The church class worked together to providedecorations, a Christmas dinner, andspecifically needed and/or wished forgifts. But more help was needed soKathy’s childrenand friends stepped in(daughter Laurel got her whole 9th gradeclass involved) and “The ChristmasProject” began. It is now in its 11th yearand for many of those involved in thegiving it has become an integral part oftheir own families’ holiday celebrations.Many have found that the joy of grantinga wish to someone who really needsit is the best part of the holiday.A few years ago, the Ventura CountyHuman Services Agency put Kathy intouch with a family of six who werehomeless and living on the edge. Thefamily included an injured father, anoverwhelmed mother, and four childrenstruggling in school. When she realizedhow deep this family’s needs went beyondholiday cheer, Kathy vowed to adopt themfor a year. She solicited family and friends tocontribute money for groceries, school supplies,clothes, and even rent which took themfrom homelessness to a roof over their heads.Kathy tutored the children and recruited herdaughters and friends to tutor. She workedwith a public health nurse to get appropriatemedical care. Two years later, throughKathy’s hands-on attention and the networkof volunteer tutors and other support peopleshe helped the family to build, the childrenare performing admirably, the mother is ableto advocate for them in her own right, andthe father has halted his slide into unemployment.Other families have likewise benefited fromKathy’s community service. Last year duringthe holidays, Kathy organized a massive driveto relieve an Oxnard grandmother who hadassumed the care of ten grandchildren. Theteam helped the grandmother retain housing,clothe the children and make sure each childreceived one wished-for gift. Over the courseof the year Kathy has assisted the grandmotherto a manage a health care crisis, tapped herown family and friends for money so one ofthe older grandchildren could go to the prom,connected the family with a Public HealthNurse, intervened with Human Services toaccess the maximum support available, withBehavioral Health to support a special needs

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10 CITATIONS • NOVEMBER 2008An Extraordinary Alternative to Law SchoolBy Panda KrollCesar Chavez and Barbara Macri-Ortiz’daughter Gina.The walls of Ventura County attorneyBarbara Macri-Ortiz’s Oxnard homeoffice are covered with dozens of awards forher pro bono work. The one conspicuousabsence is a JD diploma: Macri-Ortizreceived her training on the job, rather than ina law school. Macri-Ortiz’s apprenticeship iscodified as the “law office” study program.The possibility of practical, as opposed totheoretical, training flies in the face of whatmost of us know. The highs and lows of ourlegal careers are mirrored by the highs andlows of our law school years. For many of us,the lows included intimidation at the hands ofbrilliant professors, as popularly depicted inthe 1970’s film, the “Paper Chase.” Moreover,accreditation standards for California’s manysmall law schools – heightened by the rise ofInternet correspondence courses – have beenthe subject of public debate. In contrast,the “law office” or “judge’s chambers”alternative to law school attendance isrelatively unknown.The educational component for attorneyadmissions is found in Business andProfessions Code section 6060, subdivision(e) and the State Bar’s Rules RegulatingAdmission to Practice Law in California.The Business and Professions Code providesthat, after completing at least two years ofcollege or successful completion of a collegelevel equivalency program, applicants neednot attend law school, but are eligible foradmission if they “stud[y] law diligently andin good faith for at least four years … [i]n alaw office in this state and under the personalsupervision of a member of the State Bar ofCalifornia who is, and for at least the lastfive years continuously has been, engaged inthe active practice of law.” Study is similarlypermitted in the chambers and under thepersonal supervision “of a judge of a courtof record of this state.” Apprentices mustpass the “baby bar” exam after completionof a first year of law study, and like theirlaw school counterparts, must pass the StateBar Exam. Rule VII of the State Bar Rulesadditionally spells out rigorous requirementsfor both apprentices and their supervisors,including study “during regular businesshours at least 18 hours each week,” and anexamination schedule. Supervisors are limitedto two apprentices, must personally superviseapprentices for at least five hours each week,and must complete detailed reports every sixmonths.www.californianeutrals.orgwww.californianeutrals.orgThere are fewer than 100 California attorneyswho have received their training through suchan apprenticeship. If each of these attorneyshas a unique story, not many can top that ofMacri-Ortiz, who, after two years of studyat UC Santa Cruz, worked directly underCésar Chavez at the United Farm Workersas a labor activist. Macri-Ortiz had alreadyworked for the UFW for over a decade andwas supervising the UFW’s Legal Departmentwhen Chavez decided to formalize theUFW’s legal apprenticeship program, andassigned UFW staff attorneys as supervisors.The program exemplifies one of Chavez’well-known tenets: “Ordinary people cando extraordinary things.” As a condition ofparticipation, Macri-Ortiz and her fellowapprentices committed to serve the Union asattorneys for two years after receiving theirbar cards. All six apprentices who completedthe UFW program passed the bar on theirfirst attempts. Macri-Ortiz reports that thestudy of law was an extension of her priorUFW collective bargaining experience, andprepared her well for the civil rights-relatedwork she does today.Mr. 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 thorough

NOVEMBER 2008 • CITATIONS 11An apprenticeship program, however, may notbe suitable for all would-be attorneys. Macri-Ortiz cautions that apprentices need to bringcertain skills to the table. She suggests thatdiscipline, the ability to write, and an affinityfor hard work may be prerequisites for successin the program. Similarly, attorneys or judgeswho wish to supervise apprentices need to beprepared for the training and reporting tasks.Finances can be complex, as well. Macri-Ortizreports that she recently completed training ofher first apprentice, Jessica Arciniega, a UFWcolleague. Arciniega passed the baby bar and iscurrently waiting for her July bar exam results.Because so much of Macri-Ortiz’s practiceis pro bono, she could not offer full timeemployment sufficient to sustain Arciniegafinancially during the four year program.However, Arciniega was a recipient of threeannual Mexican American Bar Associationscholarships that helped with her expenses,and she landed a part-time position thatcomplemented her study at Macri-Ortiz’soffice. On the positive side, once admittedto the bar, the former apprentice will alreadypossess practical skills rivaling her peers, mostof whom graduate from law school neverhaving prepared a witness for trial or writtena brief. Macri-Ortiz encourages local firms,especially those able to offer work/studyincome, to take on apprentices. For bothapprentices and supervisors, she promises thatthe experience will be extraordinary.Panda Kroll is an associate at the Law Officesof David M. Karen and a member of theCITATIONS editorial board. She is studyingfor her brown belt in karate.

12 CITATIONS • NOVEMBER 2008Municipal Law Report: Regulation of Home BusinessesBy Scott Taylor, Esq.Solo attorneys who register their homeaddress as a “business” address may besurprised to learn that, like other home-basedbusiness owners, they are required to obtaina “Home Occupation Permit” from their cityof residence. This local permit is in additionto the requirement of most municipalitiesthat owners obtain one or more businesstax certificates (licenses) before conductingany business, trade, profession, enterprise,establishment or occupation. While abusiness tax certificate must be regularlyrenewed, and may be required from each citywhere work is performed, a home occupationpermit may only be required on a one-timebasis, upon an inspection certifying that theuse does not diminish the usable parkingspace in the owner’s garage or violate specificzoning regulations or restrictions.Permit application provisions vary amongmunicipalities. Most Ventura Countycities require a home occupation permit.All cities also prohibit outside storage andadvertising signage as conditions of thepermit. The cities, however, vary when itcomes to allowing employees and customersat the residence. For example, the Cityof Camarillo prohibits any employmentin the home other than resident familymembers, and prohibits customers on thepremises except for certain expressly definedinstructional or tutorial uses. Other cities,such as Thousand Oaks and Ventura, permitnon-family employees. Some cities limit thenumber of customers allowed. For example,the County of Ventura limits the number ofcustomers at the residence to no more thansix per day and only between the hours of8:00 am and 5:00 pm. The permit variancesare driven by each municipality’s uniqueneeds. For example, Bob Burrow, Camarillo’sDirector of Community Development, notesthat in cities with many resident writers,a one-employee provision is common, inrecognition that such writers may require ascript assistant.Local zoning laws are intended to preservethe character of a neighborhood that is zonedresidential, to limit nuisances arising fromcommercial uses, and to ensure public safety.According to a 2004 study commissioned bythe Office of Advocacy, U.S. Small BusinessAdministration, there has been “a broadmovement” in the past decade to adoptprovisions reducing the regulatory burdenson home businesses. This is due in part tothe recognition that home-based businessesmake up roughly half of all United Statesbusinesses, and are a strong economic force intheir respective communities. In Camarillo,for example, there are approximately 6,100home-based businesses operating underHome Occupation Permits.Generally permitted home-based businessesinclude attorneys, accountants, appraisers,e-bay re-sellers, construction or landscapecontractors, tutors, software developers,consultants, writers, and agents. Generallyprohibited home-based businesses includeadult entertainment businesses, repairshops (although some municipalities allowsmall-appliance repair), animal-relatedbusinesses, food-related businesses, or anyother uses that are deemed incompatiblewith residential activities. For obviousreasons, uses that require storage of toxicor highly combustible materials are notpermitted. Because of the variety of businessapplicants, most cities apply local provisionsto determine permitted and prohibited useson a case-by-case basis, rather than providingspecific examples of such uses.Generally, home business owners are notpermitted to advertise their home addresseson business cards or elsewhere, althoughpublication of a phone number is acceptable.Further, all municipalities in Ventura Countyprohibit any type of signage at the residenceadvertising a business.Municipalities generally have neither theresources nor the inclination to enforcehome occupation permits unless a neighborcalls to complain. A letter from the city maybe the first time an owner realizes a permitis required. The County of Ventura issueshome occupation permits but does notconduct on-site inspections. The Countyrequires a permit only to verify that theproposed use is commensurate with thespecific land use zone.Once a municipal agency (i.e., codeenforcement) receives notification of analleged unauthorized use, a letter is typicallysent to the business owner indicating that ahome occupation permit and tax certificate/business license is required to lawfully operatethe business from their home. All agencies,except for the County, conduct residentialproperty inspections to insure that thebusiness use does not impact the neighborsor the dynamics of the neighborhood. Forexample, a contractor who wishes to turn hisresidential property into an industrial storageyard would be prohibited from such use.Similarly, a home-based attorney who wishesto utilize his garage as a records and case filestorage unit may be prohibited from thatuse if it diminishes the usable parking area.CITATIONS editorial board memberand solo practitioner Karen Darnall earnsa modest income as a freelance violinist.Many years before moving into her currentCamarillo office, Darnall found about homebusiness regulation in an unusual manner.She and four other musicians had formed agroup, “Fiori Musicali,” and advertised inthe Yellow Pages. A competing musiciancomplained to City Hall that Darnall,the general partner, had failed to obtaina business license in Camarillo. WhenDarnall responded to the City’s inquiry,she acknowledged that her garage was toocluttered to pass a “home occupation”inspection. A City official helped her finessethe situation by allowing her to purchasea business license without undergoinginspection. In contrast, home-based businessowners who disregard a notice of violationmay face penalties ranging from the issuanceof an administrative citation, resultingin a monetary fine to being named in acriminal or civil complaint – admittedly arare result.There is an important legal advantage tobeing properly licensed and permitted. Ahome-based business owner who brings acontract action may need to prove properlicensing to overcome a defense of illegality.Thus, it is in business owners’ advantage tocomply with local zoning rules, especiallybased on the small investment in time and

NOVEMBER 2008 • CITATIONS 13money required for such compliance. Forexample, the City of Camarillo only requiresa one-time $95 application fee.For more information on local regulationsrelated to home businesses, contact yourlocal city code compliance office.Scott Taylor, is an attorney working ascode compliance manager for the City ofCamarillo.Your Clients’ Divorces Can BeDignified, Respectful and Constructive(not to mention Your much Clients' less expensive Divorces and Can much Be less stressful)Dignified, Respectful and ConstructiveIn your practice (not you to mention see the much devastation less expensive and of much divorce less stressful) litigation. With theprotocols of Collaborative Practice and Mediation we do much better forour clients. Every day. I can help your divorcing clients (as I have helpedmany others over the course of the last 8 years) to protect themselves fromthe trauma and expense of the adversarial system.In your practice you see the devastation of divorce litigation. With the protocols of Collaborative Practice andMediation we do much better for our clients. Every day. I can help your divorcing clients (as I have helped many otheover the course of the last 8 years) to protect themselves from the trauma and expense of the adversarial system.Website BusinessesRaise Novel Challengesto Zoning LawsBy Panda KrollCan your neighbor obtain a license tooperate a “porn-dorm”? This issue isbeing litigated in Flava Works, Inc. v. City ofMiami, Fla., No. 07-22370-CIV (S.D. Fla.2008). CocoDorm.com is a subscriptionbasedgay porn website that operates outof a home in residential Miami, Florida.The window blinds were left open once toooften, and neighbors complained to CityHall. A Miami Code Enforcement Boardruled that CocoDorm’s website constitutedan “adult entertainment establishment”operating in violation of Miami’s zoningcode. The owners of CocoDorm are seekingfederal court review, alleging that Miami’sinterest in regulating the secondary effectsof adult entertainment establishmentshad no connection to an Internet-basedwebsite business, because the business wasconducted over the Internet in “virtualspace.” CocoDorm additionally raised Firstand Fourteenth Amendment challengesto Miami’s municipal zoning codes. Thedistrict court has rejected the City’s claimthat CocoDorm lacked standing to bringits challenge because it had never appliedfor the requisite permit. A trial is set forDecember.DAVID P. SCHWARTZ, J.D., CFLS, AV RatedCollaborative Family Law and Mediationdpsfamilylaw.comHelping your divorcing clients negotiate the rapids and shoals of divorce safely and with dignity.Helping your divorcing clients negotiate the rapids and shoals of divorce safely and with dignity.I welcome your referrals and also the opportunity to consult withyou about these alternatives in general or about the specifics ofyour clients situations. Plus, lunch is always on me.I welcome your referrals and also the opportunity to consult with you about these alternatives in general or about the specifics of yourclients' situations. Plus, lunch is always on me.Flexible Scheduling 87 North Chestnut Street Ventura 93001 642-1246Flexible Scheduling 87 North Chestnut Street Ventura 93001 642-1246Founding President - Collaborative Family Law Professionals, Ventura CountyMember - International Academy Of Collaborative ProfessionalsFounding President - Collaborative Family Law Professionals, Ventura CountyAssociation For Conflict Resolution - Advanced Practitioner, Family and DivorceMember - International Academy Of Collaborative ProfessionalsAssociation For Conflict Resolution - Advanced Practitioner, Family and DivorcePanda Kroll practices in Camarillo, teachesat CSUCI, and is a member of CITATIONS’editorial board.

14 CITATIONS • NOVEMBER 2008Letters to the EditorRe: Terrence Bonham’s Ab Initio ArticleDear Editor:With all due respect to my colleagues MarkHancock and Lou Vigorita, since whendid the law profession become a popularitycontest? The Rules of Professional Conductmandate that I be a zealous advocate, andif, under the circumstances, that requiresaggressive or even boorish behavior towardsa witness or opposing party, then I amcompelled to do so, irrespective of whetherI hurt someone’s feelings, violate thecultural tyranny of political correctnessor create a negative self-image. TerrenceBonham’s purpose in sharing his old warstory was to emphasize that attorneys canand should maintain professional andcollegiate relationships while at the same timezealously, even vehemently, representing theirclient. Clients come and go – but opposingcounsel will remain in the adversarial arena,so it is ultimately to the benefit of yourclients to maintain cordial and professionalrelationships. But this cordiality shouldnot leak into the battlefield. Lawyers mustrecognize and embrace the historical genesisand reality that our profession is based oncombat. The precursors to our adversarialsystem were trials by combat; with retainedchampions, essentially hired mercenaries.I have yet to meet a client seeking a nice,polite, sensitive attorney. They want ashark, a bulldog, a piranha, a pit bull.Never have I heard a client express prideand confidence that their attorney was apoodle, guppy or goldfish. We are warriorsand are expected to behave and think assuch. The fact that we can have a mutualrespect and professional courtesy betweenwarriors does not, and should not, diminishthe fact that our clients expect us to act aswarriors on their behalf. We are not in aconciliatory system; the adversary systemhas not been, nor should it be, supplantedby a collaborative model. Wishful thinkingwon’t change human nature. Our professionis fundamentally based on human characterflaws. The courtroom should not be a newagetherapy session where we get in touchwith our inner selves, with the Judge actingas some sort of spiritual guru. I come from along line of Scottish gallowglasses, who haveserved in 400 years of British confrontationsaround the world. The courtroom shouldbe a snickersnee, not a therapy couch forlawyers with low self-esteem.Very truly yours,MICHAEL L. McQUEENirwin r. “rob” miller esq.mediation • arbitrationirwin r. “rob” miller esq.mediation • arbitrationDear Editor:It is a pleasure to practice in a legal communitywith a rich history and – still – a certainlevel of collegiality like ours. I have enjoyedseeing these things reported in the “Ab Initio”pieces in this publication. With a colddrink in hand on a recent afternoon on myporch, I really enjoyed relaxing with TerryBonham’s installment. I actually laughedout loud – the old fashioned way. Thanks,and please keep the installments coming.Greg HerringWant 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 County• Ventura 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.com300 Esplanade Drive, Suite 1760 • Oxnard, CA 93036

NOVEMBER 2008 • CITATIONS 15

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NOVEMBER 2008 • CITATIONS 17

18 CITATIONS • NOVEMBER 2008The Advantages of Hiring Your Nanny Legally. . . and the Consequences of Paying “Under the Table”By Robert E. King, Esq.You’re a busy attorney trying to juggle workand family. To help care for your children,you hire a nanny. Because you think you’llnever get caught, you’ve heard that it costs somuch more to hire legally and hey, let’s faceit, you weren’t planning on being AttorneyGeneral any time soon, you think it’s safe tohire someone under the table. Think again.Amount of control – Another factor forwhether a person is an employee centers onthe issue of control. If you exercise control overhow the person does his or her job in your ownhome – and in almost every case you wouldexercise such control over how your nannyinteracts with your child – then you likely havean employee, not an independent contractor.out of your bank account every two weeksand gets suspicious.Under any of these scenarios, the result is thesame: You get caught and face considerableconsequences.The ConsequencesThe decision to hire someone “under the table”– although it may seem easier and cheaper –ultimately is penny-wise and pound-foolish.If (and most likely, when) you get caught, youwill have committed federal tax fraud andendangered your ability to practice law. Evenif you don’t get caught, you’ll be missing outon legal and tax advantages that would haveapplied if you were paying legally. In short,don’t do it.Admittedly, hiring a nanny legally can bedaunting. There are many legal, tax andinsurance questions that can make employinga nanny, elder care provider or any householdworker seem like an onerous task. On closerexamination, however, hiring a nanny or otherhousehold employee can be a straightforwardprocess that benefits both the employer andemployee.Nannies as EmployeesYou may be thinking that all of this soundsoverly complicated. Couldn’t you just call yournanny an independent contractor and make lifea lot easier? In most cases, the answer is no.The question of whether a nanny is anemployee or an independent contractor isone that can sometimes have gray areas, butin almost all cases under both federal andCalifornia law, nannies are employees.There are several criteria used to determine ananny’s employment status:Economic reality test – Is this the nanny’sonly job? Even if it’s not, does she rely onthis specific job for a considerable amountof her income? Is her financial livelihoodentirely or largely dependent on this job? Ifthe answer is yes to any of these questions,then she’s almost certainly an employee.Regular and substantial hours – The moreregularly a nanny works for a family – both interms of schedule and frequency – the strongerthe case that she is an employee. It is when herhours are minimal and/or fluctuate (i.e. someweeks she may work a few hours, while duringother weeks she may not work at all based onher own schedule) that she could be consideredan independent contractor.The important thing to remember is that it’sthe law that determines who is and who isnot an employee. How the nanny refers toherself, how the family defines her status inan employment contract, or whether she ispaid hourly or is salaried do not on their owndetermine her employee status.Although there can be limited exceptions tothe employee definition for certain familymembers or if you take your child to anotherperson’s home for care, the general rule is thatif you provide a substantial portion or all ofher income and control how she performs herduties in your home, she is your employeeand you are required to pay employment taxesfor her work. These tests also can apply toother household employees such as elder careproviders and personal chefs.Getting CaughtThere are many ways – such as your nanny filingfor unemployment, social security or workerscompensation benefits – that even an amicableparting between you and your nanny couldresult in you facing an investigation for unpaidtaxes. And these are just the unintentionalexamples. They don’t include your disgruntlednanny, upset over some perceived slight, whoquits and turns you in herself – or worse yet,tries to blackmail you. Or the neighbor orco-worker or family member who is envious orhas always had a grudge against you and reportsyou. Or perhaps the IRS decides to audit youand notices the same amount of money flowingBecause you must report householdemployment taxes on your personal federaltax return, failure to pay the appropriate taxesconstitutes federal tax fraud. At a minimumthe consequences include payment of all backtaxes, penalties and interest and can includefederal charges of perjury and tax evasion; finesof up to $250,000; imprisonment for up to fiveyears; and a criminal record for the rest of yourlife. There is no statute of limitations for failureto report and pay federal employment taxes.The professional consequences are equallysevere. For example, Business & ProfessionsCode §6068(o)(4) requires that if you’recharged with a felony such as tax fraud,you must report the charge to the statebar, potentially jeopardizing your ability topractice and earn a living. Additionally, ifyou’re even considering becoming a judge orholding elected or appointed office, having a“Nannygate” story break about you, just as itdid with Zoe Baird, Kimba Wood, or LindaChavez, can ruin your reputation and career.Regardless of your interest in higher office, asan attorney, you trade on your reputation forintegrity, and being labeled a “tax cheat” isn’tgood for anyone’s business.Advantages of Hiring LegallyHappily, there are a number of advantages tohiring a nanny legally. For example, you maybe able to save taxes by putting up to $5,000pre-tax per family per year into a DependentCare Account (“DCA”) to help pay for yournanny. Alternatively, you may be eligible toclaim the federal Child and Dependent CareTax Credit for a minimum tax credit of 20%for the first $3,000 in qualifying expensesfor each of your first two children per year.Most importantly, you get to spend moretime with your family and sleep well at nightknowing that you’ve done everything legally.Don’t underestimate how worrying aboutContinued on page 21

NOVEMBER 2008 • CITATIONS 21The Advantages of Hiring Your Nanny Legally. . . and the Consequences of Paying “Under the Table”Continued from page 18getting caught and the consequences of hiringillegally can take a toll on you personally andprofessionally.Your Bottom LinePerhaps the most common fallacy aboutemploying a nanny legally is that it willgreatly increase your expenses. A review ofthe additional costs, especially in light of thesignificant potential tax savings, reveals thiscontention to be inaccurate.Social security, medicare, and state and federalunemployment taxes add approximately 9%of a nanny’s salary to the typical householdemployer’s costs. However, by maximizing yourtax advantages, the true “burden” of hiring ananny can be substantially less, as little as 4%of your costs.An example best illustrates the true cost. Theapproximate 9% tax burden on a nanny’s$20,000 annual salary likely would cost heremployer roughly $1,800. However, theemployer could shelter $5,000 pre-tax in aDCA and use this money toward paying his orher nanny. Assuming the employer’s effectivetax rate is 20%, the employer’s tax savingsfrom the DCA would be $1,000. Subtractingthis $1,000 savings from the roughly $1,800paid in taxes yields an effective “cost” ofapproximately $800, or roughly 4% of thenanny’s annual salary.Thus in this typical example, the bottom linecost of hiring someone legally is approximately4% more, a small price to pay for the peace ofmind that comes along with hiring your nannylegally. Remember, paying employment taxesisn’t an option, it’s the law.Robert E. King, Esq. is the Founder of LegallyNanny ® , a law firm representing householdemployers and domestic employment andhomecare agencies. Legally Nanny assists clients inhiring, employing, and paying nannies, elder careproviders, and other household employees legally.King specializes in household employment lawand has served as an expert witness in householdemployment matters such as calculating childcarecosts. For more information, you may contact the firmat (714)336-8864 or at info@legallynanny.com.© Copyright 2008 Legally Nanny. All rightsreserved. This article is for informational purposesonly; it is not legal advice.Sidebar: Worker’sCompensation InsuranceThere is bad news and good news when itcomes to worker’s compensation for yourhousehold employee. The bad news isthat you as the employer are required toprovide worker’s compensation insurancefor your household employee. The goodnews, however, is that under Californialaw, all homeowner’s insurance policies arerequired to offer worker’s compensationcoverage for household employees. This isby far the easiest and least expensive way fora household employer to obtain insurancefor an employee working in the home. Buthere again, this coverage may only apply ifyou’re employing someone legally, as mostinsurance policies exclude coverage forillegal activities including – you guessed it –employing someone “under the table.”ARNOLD BLEUELLaROCHELLE MATHEWS &ZIRBEL LLPis pleased to announce thatMatthew P. Guascohas become Of Counsel to the firm.ATTORNEYS AT LAWMr. Guasco was admitted to the California Bar in 1985 (J.D., Golden Gate University School of Law;B.A., University of California, Davis). For over 20 years Mr. Guasco has focused his practice onappeals, writs, and related trial court proceedings. Mr. Guasco is also a trained and experiencedarbitrator and mediator, an Adjunct Professor at Pepperdine University School of Law,a frequent speaker, lecturer and author, the current President of the Ventura County Bar Associationand the past President of the Boys and Girls Club of Ventura.Mr. Guasco will focus his practice on the representation of clients in appellate litigation,consultation and association with counsel in trial court proceedings, and general civil litigationwith an emphasis on business, real estate and probate disputes.300 ESPLANADE DRIVE, SUITE 2100 OXNARD, CALIFORNIA 93036TELEPHONE (805) 988-9886 FACSIMILE (805) 988-1937 WEBSITE: www.atozlaw.com

22 CITATIONS • NOVEMBER 2008The Legacy of Richard A. Weinstock, A Lawyer for Social JusticeBy M. Carmen RamírezAfriend and mentor to many of us,attorney Richard A. Weinstock left uslast September 28, 2008, when he died athis home after a long and brave battle withcancer.In 1972, Dick became the director of theLegal Aid Association of Ventura County,(later known as Channel Counties LegalServices Association). By 1978, he hadalready established a record of successfullylitigating precedent-setting cases for the mostvulnerable and unpopular members of ourcommunity, challenging the establishment,including corporate interests, growers, thegovernment – as well as the organized baritself.Dick was born in Los Angeles to Hungarianimmigrant parents. He grew up in theSan Fernando Valley, attended UCLA,graduating magna cum laude, and earned hisjuris doctor from Boalt Hall School of Lawin 1964. Not content to be limited to a lawdegree, Dick went on to earn doctorate inConfluent Education at UC Santa Barbarain early 80s, following his directorship atthe legal aid program. Returning to law,he became a Santa Monica city attorney,defending the newly adopted rent controllaw in that city. After a time he openeda law office in Ventura, which he onlyrecently closed. During his entire career,Dick focused on defending the interests ofthe disenfranchised: farm workers, students,mobile home owners, pensioners, victimsof civil rights violations and employmentdiscrimination, including pursuing FirstAmendment cases for his clients.He practiced law for more than 40 years, buthe never let his law practice be an obstacleto thoroughly enjoying life. He loved totravel, and during one of his early trips toEurope, he met his wife Carol, a Canadian.They celebrated their 40th anniversarynot quite three weeks before his passing.Dick always took time to “smell the roses,”enjoying traveling, music, sports, reading,and good friends. Dick and Carol hiked theInca Trail in Peru to Machu Picchu, went tothe Himalayas, visited Vietnam, crossed theSahara and rafted the Colorado River. Hewas famous for encouraging his friends andco-workers to take the time to travel, see theworld, and escape the intensity of lawyeringfor a while. His musical interests includedsinging in the choir at Temple Beth Torahin Ventura, and playing the trumpet andsinging with the Geritones, a volunteer bandthat entertained at senior citizen homes.Following the closing of his practice ashort time ago, Dick and Carol moved toVancouver, British Columbia, where theyplanned to spend half the year, fulfillinga longime wish to live in both the U.S.and Canada. They maintained their homeand their friendships here in VenturaCounty. Their son Tiven and his wife,Brandy, accomplished musicians, now livein Boston.Dick was a very popular teacher at VenturaCollege of Law. He also founded the nonprofitlaw organization, Advocates for CivilJustice, during a time when importantcivil rights matters could not be pursuedby the legal services programs. He alsowas a co-founder of Citizens for PeacefulResolutions, which promotes peace andsocial justice in Ventura County.Many of Dick’s colleagues, interviewed forthis article, named his passion for socialjustice, his even-tempered and generousnature. The author of this article hadthe good fortune of sitting second chairwith him in a lengthy jury trial involvingemployee rights. She can attest that it was agreat pleasure to learn from him even whenthe going got tough.Richard Weinstock will be deeply missedby his family, friends, and colleagues.Donations in his name can be made tothe Center for Constitutional Rights,666 Broadway, 7th Floor, New York, NY10012 (www.ccrjustice.org) or InspireHealth, Integrated Cancer Care, 200-1330W. Eighth Ave., Vancouver, BC V6H4A6Canada, (www.inspirehealth.ca).Carmen Ramírez is Director of CommunityPlanning at Central Coast Alliance United fora Sustainable Economy.

,erlocating a volunteerattorney to consult orrepresent the applicant.NOVEMBER 2008 • CITATIONS 23Collaborative Family LawProfessionalsPARTICIPATEIN THE VLSPBecome part of thelegal community servinglow-income residents ofVentura County. The barassociation encourages yourinvolvement in county’s onlyprivate attorney Pro BonoProgram the VCBA/VSLP, Inc.Staffed by a part-time managerand retired attorneys volunteer toparticipate as Emeritus Attorneys, aState Bar of California designationthat allows retired lawyers to providedirect legal representation fora qualified legal services program.Potential clients (applicants) arescreened for income eligibility andthe nature of their problem by staff.Applicants are then routed to anEmeritus Attorney who is responsiblefor determining whether thecase is meritorius and locating avolunteer attorney to consult orrepresent the applicant.For moreinformation call:Verna R. Kegan, EsquireProgram Manager(805) 650-7599bar@vcba.orgTransforming family law into a collaborative process Private No court battles CollaborativeCollaborative Family LawyersJoseph BeltranPaul BlatzSandra BolkerTerry Anne BuchananEd BuckleRebbecca CalderwoodMichael ChristianoSteve DebbasTom HutchinsonPat LamasJan LoomisPatti MannJulianna MarcielEd MatisoffJeanne McNairPaul Miller Creative Win-win climate Clients in chargeSteve MitnickHerman MoraMark NelsonMarsha NiedensGary NorrisMichael PercyDavid PraverRichard RabbinDonna SantoDavid SchwartzHilary ShankinSylvia SotoRandall SundeenRichard TaylorTerry Vielewww.collaborativefamilylawyers.comCollaborative Family Lawyers, Inc. Faster Child sensitiveAllied ProfessionalsMental Health ProfessionalsJames Cole, Ph.D.Deborah Huang, LCSWSilvia Leidig, LCSWAccountantsSusan Carlisle, CPAWayne Lorch, CPAFinancial ConsultantHelen Bass, CSAVocational ConsultantGabrielle David

24 CITATIONS • NOVEMBER 2008

NOVEMBER 2008 • CITATIONS 25Hemming Morse, Inc., Certified Public Accountants, Litigation and Forensic Consultants,is celebrating 50 years as one of the accounting industry’s strategic leaders.HMI is an internationally recognized leader in the areas of litigation and forensic consultingservices, as well as audits of and consulting for employee benefit plans.50TH ANNIVERSARYOur thanks and appreciation toour clients who have played avital role in the firm’s success.805.381.0500www.hemming.comOffices in: San Francisco | Los Angeles | Fresno | Westlake Village | Chico

26 CITATIONS • NOVEMBER 2008Economic Damage Calculations Business Valuations Family LawFinancial Issues Tax IssuesMichael C. Eulau, CPAMBA, Finance, University of ChicagoMSc, Economics, London School of EconomicsOver 17 Years ExperienceEulau Accountancy Corporation200 E. Santa Clara Street, Suite 200Ventura, CA 93001Phone (805) 641-1040

NOVEMBER 2008 • CITATIONS 27UNDER SUBMISSIONBYBy Justice Albert Gilbert$20All proceeds to VCBA/VLSP, IncContact the VCBA office(805) 650-7599

28 CITATIONS • NOVEMBER 2008Past issues of CITATIONS maybe found under “membershipresources” on the bar’s websiteat www.vcba.org.

NOVEMBER 2008 • CITATIONS 29CLASSIFIEDSSERVICES OFFEREDExperienced Computer Tech will provide fastcomputer repair and upkeep including virusremoval, software installation, tutorials, andhard drive clean up. PowerPoint presentationsprepared for attorneys. Law office computerexperience and references. Reasonable hourlyrates. Call Bret at (805)231-8182 or emailsouthflightech@yahoo.com.Office Space AvailableNeed a conference room or two centrallylocated in Ventura County and near the101 freeway? We’ve got you covered. Forfurther information regarding pricing andavailability please contact Sandra Rubio at(805)384-1313.L-343734.qxd:Ventura County Bar Ad 2008 10/2/08 3:22 PM Page 1Tower Space Available. Rare opening forone or more offices in five-star MorganStanley “Tower” – Ventura County’s premieroffice address. Multiple conference roomsin established all-attorney suite 1180, withfull amenities available. Great turn-keyopportunity for solos, mediators and smallfirms. Short or long term. Call (805)988-4848.LEGAL RESOURCES FORCALIFORNIAWork faster and smarterwith these West legalresources:• Westlaw® – KeyCite®• Public Records• Legal Solutions Plus• The Witkin Library• LiveNote• Cowles Legal Systems®• The Rutter GroupCalifornia PracticeGuides• Miller & Starr Library• West LegalEdcenter®• ProLaw®• CFLR DissoMasterSuiteTri-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...$850For the bestservice call983-0015We file your Affadavit of Publication with the courtFor details, contact your West Law Firm Sales RepresentativeGREGG KRAVITZ• In-office training • Free consultations!Phone: 805-654-7027gregg.kravitz@thomsonreuters.comWEST.THOMSON.COM© 2008 Thomson Reuters L-343734/9-08Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters.

30 CITATIONS • NOVEMBER 2008Exec’s Dot…Dot…Dot…By Steve Henderson, Executive Director, M.A., CAELots of familiar faces at the annualmeeting of the State Bar in Montereyheld Septemb , Carmen Ramirez, RonJanes, Tony Strauss, Matt Guasco, KimShean, and Marc Dion. Carmen ended herthree-year term on the board of governors.Kim and Marc collected their hardware fromChief Justice George acknowledging probono efforts…From Henry Thoreau: “Thelaw will never make men free, it is menthat have to make the law free.”…DorothyPrairie, office administrator at HathawayPerrett Webster et al., completed the twodayAvon Walk for Breast Cancer withher daughter and grand-daughter – BTW,Dorothy is 82 years young! There were 2200participants and the walk raised $5 millionfor breast cancer in Southern California.26.3 miles on day one and 13.1 on thesecond day. Congrats to her at dprairie@hathawaylawfirm.com...China? Dien Le at dien.le@calawcounsel.com...From Gracie Allen: “Education isworth a whole lot. Just think – with enougheducation and brains the average manwould make a good lawyer – and so wouldthe average lawyer.”…From MSNBC.com:“An attorney has been suspended for morethan a year for accepting nude dances froma stripper as partial payment for the legalfees she owed him. The Illinois AttorneyRegistration and Disciplinary Commissionsaid Scott Erwin will begin serving a15-month suspension for misconductstarting in November. Erwin, who practicesin the northern Illinois city of DeKalb, andhis client mutually agreed that she’d performnude dances for him in his office as a way toreduce her legal fees, the commission’s reportsaid. He credited her for $534 toward hisbill for services of various legal matters, thereport said. While she agreed to perform thedances, the client contended he touched herinappropriately during those dances, and shewent to the police in 2002 with sexual assaultallegations. Erwin denied any inappropriatetouching happened and he was never chargedcriminally. The woman no longer works as astripper either.”…David Richard is a newfather – baby Hazel was born 9.23 at 10:00p.m. and weighed 6 pounds, 7 ounces. Hazelwas also 20 inches long…Mother Shannondoing just fine...Gordon Lindeen had a thoughtful Letterto the Editor in the November issue of theCalifornia Bar Journal. Wasn’t too pleasedwith the “Lawyers’ Eco Pledge”…From BillMaher: “The Supreme Court ruled that it’sunconstitutional to execute the mentallyretarded. You can still elect them, though.”…Get yourself to the bar’s Annual Installationand Awards Banquet set for November 15at the Crowne Plaza in Ventura. KathleenJohnston Back has been selected to receivethe Ben E. Nordman Public Service Awardwhile Marc Dion, Janie Beach, SandraKnapp, and Kim Shean accept the JamesD. Loebl VLSP, Inc. Pro Bono Public ServiceAwards. Dinner chairperson Cheri Kurmanand her stellar committee consisting of EricReed, Cristian Arrieta, Tony Strauss, DonHurley, Matt Guasco and Mitch Disney,promise a festive event with no lengthyspeeches. The silent auction portion of theaffair is the primary fund-raiser for the bar’spro bono program. Lost your invitation?Call Celene at 650.7599 or go to www.vcba.org...From Beccaria: “The majority ofall laws are nothing but privileges, that is,a tribute paid by all to the convenience ofsome few.”…HOOPS!!! The Barristers hosted the 1 stAnnual “Everlasting Glory” BasketballTournament raising a few hundred bucks forFood Share. The Three-On-Three Tourneydrew nine teams and lawyers from all overour legal landscape. It was held at BalboaMiddle School and the DA Team, CapitalPunishment, won. DA’s Rameen Minoui,Derek Malan, Kevin Drescher and StephenSlyer comprised the winning gang (badpun I’m sure). Rumor has it Judge VinceO’Neill held his own very well with theyouth movement. Mike Strauss gets a tonof the credit, but Barristers officers madesure matters were organized…In the NYTimes Best Sellers dated 9.21, 4 of the top13 books were about the presidential or vpcandidates…Leslie McAdam is a momma otra vez!Fiona Grace was born 10.7 at 8:16 p.m.weighing-in at 6 pounds, 6 ounces, and 19inches long. Big brother Joseph and daddyTom are both exuberant…The VenturaCounty Legal Professionals Association heldtheir annual Boss of the Year and Secretary ofthe Year gala treating 100 folks to a fun eventwith Master of Ceremonies, Judge DavidLong, leading the charge. Boss of the Yearwas once again David Praver, nominated byTamika Schmidt. Bart Bleuel won in 2007.Secretary of the Year was Rennee Hernandez,nominated by Meghan Clark. Thanks toJudge Patricia Murphy and Michael Planetfor their efforts in the selection process…Steve Henderson has been the executivedirector and chief executive officer of the barassociation and its affiliated organizationssince November 1990. He will be volunteeringChicago style at a local polling place November4. Additionally, Henderson laid some seriouscash on the Rays and placed all of it in WallStreet. He will be celebrating 18 years on thejob November 15. Card, letters and moneywelcomed.

32 CITATIONS • NOVEMBER 2008CITATIONSVentura County Bar Association4475 Market Street, Suite BVentura, California 93003PRSRT STDUS POSTAGEPAIDPERMIT NO. 507OXNARD, CA 93030Printed on Recycled Paper – Please Recycle