September 2013 Issue - North County Bar Association

NORTH COUNTY
Lawyer
PUBLICATION OF THE
VOL. 30, NO. 9
www.northcountybar.org
SEPTEMBER 2013
Lawyer
NORTH COUNTY
Cover photo from photobucket
Published by the
North County Bar Association
(760) 758-5833 * Fax (760) 758-3979
E-mail: info@northcountybar.org
Web: www.northcountybar.org
249 S. Indiana Ave., 2nd Floor; Vista, CA 92084
P.O. Box 2381 Vista, CA 92085
NCBA
Mary Silva, Executive Director
P.O. Box 2381; Vista, CA 92085
© 2013 North County Bar Association
Our mission is to promote professional excellence,
camaraderie, philanthropy and community outreach
Board of Directors:
Jeffrey Bledsoe Lacy, President
Virginia Lopez, Vice President/Secretary
Christine Mueller, Vice President
Debra Leffler Streeter, President Elect/Treasurer
Kurt Weiser, Vice President
Rafael Acosta, Director
Susan Curran, Director
Michael Doukas, Director
Eric Ginder, Director
Aaron Hanes, Director
Deborah Nash, Director
Mark Reichenthal, Director
Joseph Stine, Director
CONTENTS
Letter from the Editors
3
President's Perspective
5
Elder Abuse Act
6
Partition Actions
8
Meet New Member
David Plantz9
The Affordable Care Act
12
Beach Party Highlights
18
#crimpro
24
26/27
Classifieds/MCLE Calendar
Golf Tournament
September 19th Dinner Meeting
28
Staff:
Mary Silva, Executive Director
Rosemary Contreras, Membership Coordinator
Laurel Cliff, Volunteer
Magazine
Co-Editors: Debra Lewis and Laura D'Auri
Editorial Committee:
Rafael Acosta
Deborah Bayus
Vik Chaudhry
Brenda Geiger
Aaron Hanes
Bill Kamenjarin
Jeffrey Lacy
Virginia Lopez
Ken Lynch
Christine Mueller
Hon. David Moon
Thomas Penfield
Anna Schurmann
Mary Silva
Dennis Stubblefield
Wayne Templin
Kurt Weiser
The North County Lawyer Magazine is published monthly by the
North County Bar Association. Subscriptions, articles, photos and
advertising should be submitted to: NCBA, P. O. Box 2381, Vista,
CA 92085 or info@northcountybar.org, or (760) 758-5833.
The subscription rate for non-members is $40 per year.
Deadline for submissions is the 1st of the month prior to publication.
Scott S. Markus, Esq.
Steven H, Kruis, Esq.
550 West “C” Street #700
San Diego, CA 92101
619.239.2020
To schedule a mediation, please contact
our case manager,
Sue Housh, at 619.239.2020
or sue@agreement.com.
Hon. M. B. Orfield (Ret.) Abby Silverman Weiss, Esq.
Anthony Pantoni, Esq.
The North County Lawyer reserves the right to edit all
submissions.
2
North County Lawyer
Letter from the Editors
By Debra H. Lewis, Co-Editor
By Laura D’Auri, Co-Editor
debra@inclegalattorneys.comalamor@roadrunner.com
Wow. Is it just me, or
is this year speeding by? It’s
not like I’m even doing anything particularly noteworthy, fun or exciting. Just life
at bullet train speed. Seems
like it was just New Year’s
2013, and here it is back to
school already. Maybe I am
just getting old? No, I refuse
to accept that explanation.
At least, not yet. I prefer to
think that the lack of season
change is primarily responsible. Here in Southern California, when I look out my
window, it could be March; it could be November. There
is very little outward sign that time is whizzing by. Nearly
every day, the ocean appears reliably endless and beautiful.
Unlike those poor souls in Punxsutawney, I am not counting the days until spring, relying on a rodent soothsayer to
give me hope that winter is nearly gone. I no longer swelter in my hometown of Chicago’s steaming summer heat
and humidity. Yes, I’m sure that’s the explanation. Time
passes unnoticeably in the warmth and bliss that is San
Diego weather!
Why belong to Listserv discussion group?
Discussion lists are ideal for exchanging expertise,
obtaining feedback and fostering collaboration among
group members.
Copy the link below to join a Listserv discussion group:
NCBA Family Law Listserv:
http://mailman.listserve.
com/listmanager/listinfo/ncba-family
NCBA Civil Litigation Listserv:
http://mailman.listserve.com/listmanager/
listinfo/ncba-civil
NCBA Estates Law Listserv: http://mailman.listserve.
com/listmanager/listinfo/ncba-estates
September 2013
A few years ago I
called my favorite aunt to
see if she wanted to go out
to dinner. “Sure,” she said.
“Pick me up at 4.”
I too am advancing
rapidly to the stage where
I can’t eat pizza less than 8
hours before bedtime without feeling like the Overlords
are waging a laser battle in
my gut.
Gone are those halcyon days of long ago when I
could eat street food in India without adverse effect. Well,
okay, I got dysentery in Banares but hey…. In the Himalayas I also drank water from the Ganges and lived to tell of
it.
Then I traveled through South India for a month
during a drought (read: no washing your hair either), when
the only fluids available for consumption were green coconut milk and warm Coca Cola. Just when I thought I would
die of thirst, I finally found bottled water in Chennai. It was
the first water I saw without silt in the bottom of the glass.
I was so starved for protein that when I saw a package of Laughing Cow cheese triangles in an import store
(cost: $10) I devoured the whole package right in front of
the amazed eyes of the local clientele, who couldn’t believe
anyone could treat an “imported” food with such disdain.
With the influx of IT wealth in India, a trip there
would be very different now… and I wouldn’t have to sleep
on the floor. Yup, there were places where you rented a
“room” but there was nothing in it. (“You said you wanted
a room; you didn’t mention furniture.”)
When I got to Bangkok after India, I stayed at a
fine hotel (but there were still monkeys at the swimming
pool), slept in both beds, took multiple daily showers, and
only ate in the American coffee shop the entire week I was
there.
My stomach is now getting back at me for the international abuse I heaped upon it in my younger years.
I think I may have to give up pizza.
3
Upcoming Section Meetings
ADR SECTION
WHEN: Wednesday, October 9, 12:00 p.m.-2:00 p.m.
FAMILY LAW SECTION
WHEN: Friday October 25, 12:00 noon
CRIMINAL LAW SECTION
WHEN: Friday, November 8, 2013 at 5:30 p.m. -7:00 p.m.
Casa Palmera (14750 El Camino Real; Del Mar, CA 92014)
ADR SECTION
Errata:
In our August issue, source citations
were left out of the Corenbaum v. Lampkin article.
They are as follows:
Corenbaum v. Lampkin, Case No. B236227;
215 Cal.App.4th 1308 (2013);
Howell v. Hamilton Meats & Provisions,
52 Cal.4th 541 (2011).
We apologize to the authors for this error.
WHEN: Wednesday, November 13, 12:00 p.m.-2:00 p.m.
For updates, please visit www.northcountybar.org
Calendar of Events
Dinners are held at
The Crossings in Carlsbad
September 19, 2013
Dinner Meeting
Since 1983, we’ve helped people...
off drugs
off alcohol
October 14, 2013
Golf Tournament
clear their record
October 17, 2013
Dinner Meeting
live peacefully
December 7, 2013
Holiday Celebration
get jobs
keep their family together
get justice.
Help us help them.
4
IS THERE A STATUTORY PROVISION YOU
THINK SHOULD BE CHANGED?
911CriminalLaw.com
Send your ideas and suggestions to NCBA on or before
December 3, 2013.
Executive Director, Mary Silva
info@northcountybar.org or (760) 758-5833
Richard L. Duquette, Attorney at Law
760-730-0500 • rduquette@911law.com
© 2011 Law Firm of Richard L. Duquette.
North County Lawyer
President's
Perspective
I
hope everyone has had a great summer. September 19th will be our Sixth Annual Town Hall
Dinner Meeting where judicial officers will answer pre-submitted questions. You definitely
don’t want to miss it and if you have a question, be sure to
send them to us at bansdc@northcountybar.org
The Conference of California Bar Associations
will be held in San Jose this year from October 11 through
October 13. For those who don’t know, our association
has a legislative committee that participates each year in
the CCBA. If you are interested in joining in then all you
have to do is send us an email. The CCBA is something
that I have personally been involved with for a number of
years now and I have found it very rewarding.
The beach party was a huge success once again.
Kurt Weiser set up the games for the kids while Mary Silva
cooked on the grill.
All of our sections are still going strong so be sure
to get involved for networking and MCLE.
We have our annual golf tournament coming up on
October 14. You don’t have to be good at golf, just come
out and have some fun in the sun!
It has been a terrific year of accomplishments for
our association. We have strengthened our relationships
with other organizations such as Lawyers Club. We have
formed new relationships with other bar associations
throughout the county. We hope to co-sponsor several
events in the coming months.
Most importantly we have really connected well
with San Diego’s law schools to get new lawyers involved
with our organization. While we have a lot to offer any
lawyer, it is especially important to recruit new lawyers so
that they can learn about the civility and camaraderie of
North County.
Jeffrey Bledsoe Lacy
President
Do You Need to Refer a Client,
but don’t know who to call...
760-758-4755
State Bar of California
Certification Number 0027
September 2013
Sponsored by the NCBA
www.lawreferral.org
5
ELDER ABUSE ACT
USING THE CALIFORNIA ELDER ABUSE ACT
TO OBTAIN COMPENSATION FOR SENIOR CITIZENS WHO
HAVE BEEN VICTIMS OF FINANCIAL FRAUD
By Audrey Powers Thornton, Esq.
R
ecently, my elderly 83-year old client discovered
that a family friend -- who had become her financial advisor and trustee -- had been secretly stealing
her money and her real property over the course of
20 years. In a civil lawsuit against the fiduciary, alleging
that he had violated the California Elder Abuse Act, the client’s stolen property was recovered , and attorney's fees and
punitive damages were awarded at trial.
The Elder Abuse Act, (California Welfare and Institutions Code, Chapter 11, Sections 15600 et seq.), is expressly designed to protect a particularly vulnerable portion
of the population from abuse and mistreatment by caretakers, fiduciaries and advisors. The Legislature has included
the Financial Elder Abuse statutes, (Welf. & Inst. Code §§
15610.30 and 15657.5, as a vehicle whereby an elderly victim of financial exploitation, (including various kinds of
tortious conduct: breach of fiduciary duty, fraud, conversion), may bring a civil action to recover her damages and
attorney's fees using the presumptions afforded by the Act
and the penalties that apply. The Act not only provides relief to senior citizens but also provides statutory protections
against financial abuse of mentally impaired adults - "dependent adults".
In California an "elder" is a person who is 65 years
or older. The Act defines Financial Elder Abuse as follows:
“Financial abuse’" of an elderly (or dependent) adult occurs
when a person or an entity "takes, secretes, appropriates,
obtains, or retains real or personal property of an elder or
dependent adult" for a wrongful use, or with the intent to
defraud the elder, or takes the property by undue influence.
(California Welf. & Inst. Code §15610.30.)
This section applies when an elder is deprived of
any property right. It includes deprivation by means of
an agreement, donative transfer, or testamentary bequest,
regardless of whether the property is held directly by the
elder or is held by their representative (such as a conservator, trustee, or other representative of the estate of an elder
or dependent adult, or a person acting within the authority
of a power of attorney). (California Welf. & Inst. Code §
15610.30.)
The Act does not require that the defendant have
a fiduciary relationship with the victim. Financial Elder
Abuse can occur when any person or entity takes the
property of a senior for a wrongful use, or with intent
to defraud, or by undue influence. The Financial Elder
Abuse statute has been used successfully to prosecute an
action on behalf of a senior citizen who was a victim of
banking fraud.
A lawsuit based on violation of the Elder Abuse
Act, claiming Financial Elder Abuse, allows the plaintiff to receive heightened civil remedies, including attorney's fees and costs, and punitive damages, if liability is
proven by a "preponderance of the evidence". The standards for recovery of punitive damages are higher than
for compensatory damages: the party seeking punitive
damages must prove by clear and convincing evidence
that the defendant has been guilty of oppression, fraud,
or malice. (See Welf. &Inst. Code §15657.5 (2)(b).)
In addition, noneconomic damages in a case of
financial abuse are not subject to the $250,000 limitation
that generally applies to recovery for professional negligence against a health care provider. (Welf. & Inst. Code
§15657.5.)
It is important to note that, unlike a prevailing
plaintiff, a prevailing defendant is not entitled to recover attorney's fees under these provisions. Welf. & Inst.
6
Continued on page 22
North County Lawyer
CRIMINAL DEFENSE SPECIALIST
CALIFORNIA BOARD OF LEGAL SPECIALIZATION
FORMER POLICE OFFICER/INvESTIGATOR
JAMES N. DICKS
DEFENDING SAN DIEGANS FROM
CRIMINAL AND DUI PROSECUTION
FOR OVER 25 YEARS
WWW.JIMDICKS.COM
760-630-2000
September 2013
7
PARTITION ACTIONS:
Dealing With Disputes
Between Co-Tenants Of Real Property
By K. Martin White, Esq. and Joseph L. Stine, Esq.
GENERAL NATURE OF CO-TENANCY
Generally, any interest in real property that can be conveyed by deed
can be held in co-tenancy and would be subject to the law of Partition. However, equitable interests that are not reflected in the chain of title (such as
contracts and equitable claims like a constructive trust) cannot be vindicated
through Partition. In the case of a dispute between married persons or domestic partners, a co-tenancy matter would be in Family Court.
Joint Tenancy v. Tenancy in Common
The primary distinction between Joint Tenancy and Tenancy in Common is that “Joint Tenants” have equal interests with a right of survivorship
that occurs by operation of law upon the death of a Joint Tenant (Code Civ.
Proc. § 683). “Tenancy in Common” involves holding title as owners of undivided interests as defined by the vesting instrument(s) (C.C.P. §§ 685, 686),
which need not be equal, and which can be changed only through deeds or
court action.
If the vesting document does not state that there are alternative fractional shares, there is a presumption the shares are equal (Rich v. Smith (1915)
26 Cal.App. 775, 784).
If a party seeks to attack the validity of the vesting, it must be done by
clear and convincing evidence (Ev. Code, § 662.) If more than five years have
passed since the vesting instrument was recorded, any such attack would be
barred by the Statutes of Limitations (C.C.P. §343. See, Robertson v. Superior
Court (2001) 90 Cal.App.4th 1319, 1326.)
K. Martin White
P.O. Box 1826
Phone: (760) 729-1696
marnew@sbcglobal.net
PARTITION IS GENERALLY A MATTER OF RIGHT
Partition as to concurrent interests in the property shall be of right, in
the absence of a valid waiver, and in cases not involving partnership. C.C.P.
§873.710 (b) The purpose of a partition action is to enable co-tenants to have
common title interests eliminated and thereby permanently end all disputes
between them as to the commonly held property. (McGillivray v. Evans (1864)
27 Cal. 92, 96.) Partition is a proceeding in equity, though it is fairly comprehensively governed by the statutory scheme found at C.C. P. §872.010, et
seq. A co-owner may file a partition action. C.C.P. §872.210(b) Venue for a
Partition action is the county/judicial district where the real property is located.
C.C. P, §392 (a).
In the absence of a waiver or a claim for adverse possession (see below), generally a party has no defense to an action for partition of real property,
8
Joseph ("Joe") Stine
Attorney at Law / Mediator
380 S. Melrose Dr. #306
Vista, California 92081
Phone: (760) 643-4150
jstine@melroselawcenter.com
www.jstinelaw.com
Continued on page 14
North County Lawyer
Meet New Member
David L. Plantz
By Debra Lewis
D
avid’s passion for law grew out of his first hand experience in a
lawsuit as an undergraduate student. Going through the process in
real time in conjunction with watching a deft attorney successfully
navigate the legal system on his behalf piqued David’s interest in
pursuing a career in law. Combined with his professionals sales and real
estate experience, David decided law school would allow him to find new
challenges in his field.
Graduating cum laude from the University of San Diego School of
Law, being inducted into the Order of the Coif and winning several CALI
awards for highest grades, enabled David to secure a position in a law firm,
practicing real estate and business law. Although only sworn into the bar a
month ago, he enjoys helping clients contend with the wide variety of issues
presented on a daily basis as well immersing himself in the continual learning that constitutes the practice of law.
In addition to his ambition of making partner one day, David understands the value of giving back. He places high importance on performing
pro bono work.
David L. Plantz
can be reached at
600 W. Broadway #1100
San Diego, CA 92101
(619) 804-2548
davidplantz@sandiego.edu
In his spare time, David enjoys spending time with his wife, football,
soccer, hiking and photography. Although they have no children yet, they
dote on their dogs and love taking them to the beach.
Mediation offices of
DEBRA A. DOMINSKI, ESQ.
SUCCESSFULLY MEDIATING AND ARBITRATING
ALL ASPECTS OF CIVIL LITIGATION FOR OVER 20 YEARS
• personal injury
• real estate
• business
• medical malpractice
11512 El Camino Real, Suite 350
San Diego, CA 92130
(760) 943-7201 phone/fax
E-Mail: dadesq@sbcglobal.net
September 2013
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9
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10
North County Lawyer
Mark A. Chambers
Attorney at Law
FEDERAL COURT
FELONY AND MISDEMEANOR REPRESENTATION
SUPERIOR COURT
FELONY AND MISDEMEANOR REPRESENTATION
Mark A. Chambers
345 W. Ninth Avenue Suite 200
Escondido, California 92025
(760) 489-1808
JUVENILE COURT
CRIMINAL MATTERS
Personal Service to Each Client
31 Years of Quality Criminal Law Experience
September 2013
11
The Affordable Care Act in 1000 Words or Less
By Martha Ann Knutson, Esq
W
hether you
support or
oppose the
Affordable
Care Act (aka “Obamacare”), the law and its
related regulations continue to come into effect. And with many
of the major “effective
dates” falling in the next
few months, lawyers
will likely get many
questions about the Act
if only from friends and
family who will be hearing much about it in the media.
The entire Act as passed in 2010 was two pieces
of legislation totaling 974 pages with more than 400 sections covering everything from esoteric payment models
under Medicare to calorie counts on restaurant menus
and a tax on tanning services. (The Patient Protection and
Affordable Care Act, Public Law 111-148 was enacted
on March 23, 2010, and the Health Care and Education
Reconciliation Act, Public Law 111-152 was enacted on
March 30, 2010. The text of both is available on the
HHS site at http://www.hhs.gov/healthcare/rights/law/
index.html, with links to the actual statutes at large pages
for each section of each title.)
There have been thousands of pages of regulations issued already and more are in the pipeline. Almost every day another bill is introduced in Congress
to amend or change the ACA provisions. Writing briefly
about “The Act” is a true challenge.
The modest goal of this article is simply to give
a snapshot of some of the major provisions that directly
apply to individuals and to certain employers, as well as
to lead to sources that give additional information.
The Individual “Mandate”
The Act requirement that each of us have health
insurance is one of the two provisions of the Act that
12
went up to the U.S. Supreme Court, which upheld it in
July 2012 as a legitimate exercise of the power to “lay
and collect taxes”. Nat'l Fed'n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566, 2573 (2012). (The other provision,
which did not pass scrutiny, related to financing the Act’s
expansion of the Medicaid (in California MediCal) program.) Starting January 1, 2014, those who don’t have
insurance provided through their employer, a federal
program like Medicare or a state and federal program
like MediCal, must purchase insurance on the individual
market or pay a penalty on their annual tax return. The
penalty will be the greater of $95 or 1% of your adjusted
gross income (increasing to 2.5% in 2016). 26 U.S.C. §
5000A.
The Act included several changes to insurance
underwriting that already have or will in the near future
directly affect those seeking to buy insurance for themselves. Pre-existing condition limitations to coverage
ended in 2010 for children under age 19 – in 2014 this
will expand to adults. Coverage for those participating
in clinical trials will also become mandatory in 2014. 75
Federal Register 37188 (June 28, 2010).
Differences in rates based on gender, occupation
or preexisting condition will also end in 2014. The only
rating factors left are age and geography and the Act limits the differential that can apply between different age
groups. Individual states are still deciding if smoking can
be rated or non-smoking rewarded. (California said “not
yet” – ABX1-2 (2013))
Other mandatory changes in the Act as to how
health insurance works have already begun: coverage
for children on their parent’s health plan until age 26 (this
began in 2010 for children without their own employer
sponsored coverage, it expands to all in 2014, 42 U.S.C.
§ 300gg-14, coverage of certain preventative care benefits – including contraception - without copay or deductible, 42 U.S.C. § 300gg-13, and the “medical loss ratio”
requirement that beginning in 2012 required companies
spending less than 80-85% of premiums on benefits to
rebate the overage to policy holders. 42 U.S.C. § 300gg18(b)(1)(A), Cal. Ins. Code § 10112.25.
North County Lawyer
The insurance “Exchanges”
Those who don’t have health insurance available
from an employer or government program, as well as those
who reject their employers’ plan, will have the option of
purchasing health insurance through the new “Exchanges”
(aka “Marketplaces”) that are being set up under the Act.
42 U.S.C. § 18031ff. Each state had the option of setting
up and running its own “Exchange”. California and sixteen other states took up that challenge. The federal government will be running the exchanges in the remaining
states.
California’s “Covered California” Exchange
(www.coveredca.com and www.healthexchange.ca.gov)
solicited participation from insurers in 2012 – thirteen
ultimately decided to participate, but one withdrew. Beginning October 1, 2013, individual Californians will be
able to go onto the Covered California website and “shop”
for health insurance from the remaining twelve insurers. All plans will offer a package of “essential minimum
benefits.” (California’s “benchmark” is based on a Kaiser
small group plan.) There will be some standardized labeling of the offered plans so it will be easier to compare one
company’s “Bronze” plan, for example, with another’s.
All plans offered on the California Exchange will also be
available “off” the Exchange. Cal. Ins. Code § 10112.3
(c)(1).
Included in the operations of the Exchange will
be application of income based subsidies provided for by
the Act. Those subsidies will be available to those earning
100-250% of the federal poverty guideline and who do not
have health insurance offered to them by their employer.
They will be applied to the out of pocket requirements eliContinued on page 15
CRIMINAL AND
DUI DEFENSE
BILL NIMMO
35 Years Experience
Office in Vista
858.679.9511
www.criminaldefensesandiego.com
September 2013
13
PARTITION ACTIONS
Continued from page 8
as any co-owner has the right to same, in the absence of
an agreement waiving such right. (Lazzarevich v. Lazzarevich (1952) 39 Cal.2d 48, 50; LEG Investments v. Boxler (2010) 183 Cal.App.4th 484, 493.)
Ouster/Concurrent Possession/Adverse Possession. A tenant out of possession may establish an ouster
from the tenant in possession. Further, a tenant out of
possession may serve a demand for concurrent possession. One tenant can also claim the whole estate by adverse possession. C.C.§ 843. Filing an answer claiming a
full right to possession can be considered an ouster. See,
e.g. Estate of Hughes (1992) 5 Cal.App.4th 1607, 1615.
There is no Statute of Limitations to an Action
for Partition.
METHODS OF PARTITION
“In kind” partition, i.e., physical division of the
property, is rarely used due to practical constraints. (Code
Civ.Proc., § 872.810.)
Generally, a partition is effected “by sale,” where
the property is sold and the net proceeds are divided.
(Code Civ. Proc., § 872.820.)
Where the parties are in agreement, a partition
may be accomplished “by appraisal.” (Code Civ. Proc., §
873.910.)
As a matter of general equity, the court may be
persuaded to order a partition by appraisal if the cotenant
with the bulk of the interest wishes to buy out the minority interest and the minority interest is being unreasonable.
Consensual Partition/Mediation
The disadvantages to the parties filing a Partition
action are that costs and attorney fees will be incurred by
both sides, some of which are subject to allocation. If the
action is fully litigated through trial and appeal, it could
take years before it is fully resolved. If litigation is filed,
the parties lose control of the disposition of the property
as there is a great likelihood of a forced sale of the property, involving loss of value and selling costs over which
the parties have no control.
Relationships of the parties frequently affect the
ability to agree. Emotional issues can overshadow a party’s ability to make a decision that is appropriate under
the circumstances. These issues often arise as a result of
sibling rivalries and the break-up of romantic relationships
between unmarried persons.
Obviously, the parties should always be aware that
a negotiated resolution short of litigation is desirable. In
some disputes, a pre-litigation mediation may be useful in
facilitating a settlement.
THE PARTITION ACTION
Preparation.
You will need an objective evaluation of the merits,
costs, procedures and consequences of a partition action,
whether brought by the client or someone else. You must
also gather the appropriate financial, title, and valuation information regarding the real property, including evaluation
of potential claims for rental value, contributions for maintenance, and improvements.
These activities are also useful in assisting the client in evaluating the nature and extent of a reasonable position with respect to settlement, whenever the question of
negotiation arises.
Pleadings
Section 872.230 describes the required contents of
the Complaint:
(a)
A description of the real property that is the subject
of the action, both the full legal description and the commonly known physical address;
(b)
All interests the plaintiff claims in the property;
(c)
All interests of record or actually known to plaintiff that persons other than plaintiff or apparent from an
inspection of the Subject Property and that plaintiff reasonably believes will be materially affected by the action,
whether the plaintiff knows the names of such persons or
not, for example:
1. The interests of the other cotenants;
2. Lien of Property Taxes, if any; and
3. A tenancy of some sort by third parties, month to
month or otherwise.
14
Continued on page 16
North County Lawyer
The Affordable Care Act
Continued from page 13
gible individuals would otherwise incur. (For more on the
market places - http://www.cms.gov/CCIIO/Programs-andInitiatives/Health-Insurance-Marketplaces/index.html).
The second “door” of all state run exchanges –
including Covered California – will be available to small
employers (fewer than 50 FTEs) who choose this method
of offering health insurance plans to their employees. A
second feature of this SHOP exchange – allowing the employer to offer its employees more than one plan to choose
from – will be available in 2014 in most of the 17 State
run exchanges, but has been delayed in the 33 federally run
ones. As of this writing there are six insurers participating
in the SHOP portion of covered California.
“Pay or Play” Employers
Another provision of the Act applies to those employing at least 50 full time equivalent (FTE)’s worth of
workers in a particular year. That’s not 50 employees or
even 50 full-time employees - it’s an arithmetic equation.
Essentially, if all the hours paid to employees by a given
employer is > 50 x 40 x 52 (not counting seasonal employees who work less than 120 days), then the employer must
offer health insurance that meets certain minimum requirements to certain employees or pay a penalty. 26 U.S.C.
§ 4980H(c)(2)(E). NOTE: application of the employer
“shared responsibility” provision of the Act was recently
delayed until 2015 by the Obama Administration.
What’s the penalty?
If the offered insurance is “unaffordable” or
doesn’t meet the 60% value test OR if the employer offers no coverage AND at least one of its employees gets
subsidized coverage under the exchange, then the employer can be required to pay EITHER $2,000 / year / for
each “full-time”(32 hours) employee over 30 employees
OR $3,000 for each employee that gets a subsidy on an
Exchange. 26 U.S.C. § 4980H.
Martha Ann Knutson is a health lawyer with an office in
Rancho Bernardo. She can be reached at
mak@mknutsonlaw.com or (858) 705-6633.
North County Bar magazine expresses appreciation to
Jared Schwass (Class 0f 2014), Cal Western School of Law,
for his assistance in researching citations for this article.
Jared can be reached at jaredschwass@gmail.com.
Ordas Dispute Resolution
Complex Disputes + Creative Solutions = Resolution
Patience, persistence and pru-
Which employees?
dence are more than an alliteration, they are part of a skills set
for the resolution of your dispute.
“Full-time” employees must be offered insurance
for themselves and their dependent children (up to age 26).
But a different definition of “full-time” – 30 hours – is used
for this provision. 26 U.S.C. § 4980H(c)(4)(A).
What coverage?
Dale E. Ordas
Coverage of “minimum value” must be offered that
covers at least 60% of the expected medical costs of the
employee. 78 Federal Register 25909 (May 3,2013) The
offered coverage must also be “affordable” – meaning that
the out of pocket cost for employee-only coverage must not
be greater than 9.5% of the employee’s income. 78 Federal
Register 7264 (February 1, 2013). Employers must offer
but are not required to contribute towards the cost of coverage for dependent children. Spousal coverage is technically not required to be offered under the Act.
September 2013
Mediator - Arbitrator - SB #38140
Ordas Dispute Resolution
OrdasADR@ordas.com
http://www.ordas.com
300 Carlsbad Village Dr., Ste 108A
Carlsbad, CA 92008-2990
760.431.7795 • Mobile 760.613.9387
Fax 760.431.9065
25 years as an arbitrator & mediator plus 30 years as a litigator.
Training: Hundreds of hours at Straus Institute at Pepperdine University,
Loyola Law School, Southern California Mediation Association & Association
for Conflict Resolution
Mediation/Arbitration of
Commercial Disputes: Regarding terms or conditions of agreements
for goods, services, real estate or property
Employment: Wrongful Termination, Grievances, Harassment,
Wage & Hour
Torts: Accidents (Workplace Accidents & Workers’ Compensation)
Product Liability, Professional Liability, Toxic Torts and Asbestos
15
PARTITION ACTIONS
Continued from page 14
(d)
The estate as to which partition is sought, e.g.,
the fee title to a residence, and a prayer for partition of
the present and future interests therein according to the
respective rights of the parties thereto.
(e)
The reason why the partition should be by sale
(e.g., because property cannot be physically divided).
The Answer.
C.C.P. §872.410 provides the answer should include (a) Any interest the defendant has or claims in the
property; (b) Any facts tending to controvert such material allegations of the complaint as the defendant does not
wish to be taken as true; and (c) Where the defendant
seeks sale of the property, an allegation of the facts justifying such relief in ordinary and concise language.
If the defendant claims a lien, the date, character,
and amount claimed under the lien are required allegations
(C.C.P. § 872.420) and if the defendant has any claim for
contribution or other compensatory adjustment, it must be
set forth. (Id.)
THE TRIAL
Phase I of the proceedings encompasses:
1. Determining the interests of the parties
(C.C.P. § 872.610)
2. Determining the right to partition
(C.C.P. § 872.210)
3. Determining the manner of partition.
(C.C.P. §§ 872.810, et seq.)
An Interlocutory Judgment articulating the ownership interests and method of partition is entered (C.C.P.
§ 872.720) which is immediately appealable. (C.C.P. §
904.1 (a)(9)).
In Phase II, a referee would be appointed to report
to the Court (C.C.P. §§ 873.010, et seq.) with such report
subject to approval by the Court and confirmation, modification, or setting aside on the motion of a party. (C.C.P.
§ 873.290) The Refereee would request fees incurred for
the Referee’s services and expenses incurred. (C.C.P. §
874.010(b).)
1.
Partition by sale: The Referee would analyze
the situation, make recommendations to Court, and on ap-
proval of sale method, conduct sale subject to Court approval. (C.C.P. §§ 873.510, et seq.) The various potential sale methods are found at C.C.P. § 873.600, et seq.,
which, in addition to any method all parties agree to in
writing, (C.C.P. § 873.600) can include execution-style
sale by auction, (C.C.P. §§ 873.610-873.670) or private
sale. (C.C.P. §873.680)
2.
Partition in kind: The Referee analyzes the situation and makes recommendations to the Court regarding physical division of the real property to accommodate
the respective interests of the parties, (C.C.P. §§ 873.210,
et seq.) including adjustments to accommodate improvements installed by a party (C.C.P. § 873.220) and financial adjustments to compensate for the inability to divide
equally (C.C.P. §§ 873.240).
3.
Partition by appraisal: The parties can agree in
writing to partition by appraisal, where one party buys out
another. (C.C.P. §§ 873.910-873.980)
In the rare event that it would be grossly inequitable to order a sale such as when there is a dramatic
disparity in the respective interests and the majority title
wishes to keep the property), the court can determine as a
matter of general equity not to order a sale, the parties employ valuation experts, and the court determines the terms
of a buy-out of the minority owner by the majority owner.
Distribution: The final Judgment would articulate
the order of application of the sale proceeds and determining allocation of the costs of partition (C.C.P. §§ 873.810,
et seq., 874.010, et seq.) Proceeds are divided commensurate with the parties’ respective interests, after deduction of allowable advances by cotenants, rental credits,
referee fees, costs of sale, and attorney fees and costs, if
applicable. (See Hunter v. Schultz (1966) 240 Cal.App.2d
24; Scott v. Staggs (1954) 129 Cal.App.2d 54; Mercola
v. Chester (1950) 97 Cal.App.2d 140; Willmon v. Koyer
(1914) 168 Cal. 369; Southern Adjustment Bureau, Inc.
v. Nelson (1964) 230 Cal.App.2d 539 ; Milian v. DeLeon
(1986) 181 Cal.App.3d 1185 (unmarried couple); Wilson
v. SLRey, Inc. (1993) 17 Cal.App. 234.)
Costs, including Attorney fees.
The costs of partition include: Reasonable attorney's fees incurred or paid by a party for the common
16
North County Lawyer
benefit; the fee and expenses of the referee; the compensation provided by contract for services of a surveyor or
other person employed by the referee in the action; the
reasonable costs of a title report procured pursuant to Section 872.220 with interest thereon at the legal rate from
the time of payment or, if paid before commencement of
the action, from the time of commencement of the action;
other disbursements or expenses determined by the court
to have been incurred or paid for the common benefit.
(C.C.P. § 874.010.)
Generally, attorney fees incurred for the mutual benefit of the parties in completing the partition are
awardable “off the top” from the funds received from the
sale of the subject property, automatically apportioned in
the ratio of ownership. (Finney v. Gomez (2003) 11 Cal.
App.4th 527, 545-548.)
The “(r)easonable attorney's fees incurred or paid
by a party for the common benefit” are sometimes awarded to both sides if there is a common fund. The common
benefit must be, by definition, the expeditious conclusion
of partition of the real property and apportionment of
the interests. See, e.g., Muller v. Martin (1953) 116 Cal.
App.2d 43; Forrest v. Elam (1979) 88 Cal.App.3d 164.
Attorney fees are available if a party unreasonably fails to unequivocally admit Requests for Admission and forces another party to prove up such Requests.
(C.C.P.§2033.420 (a); Laabs v. City of Victorville (2008)
163 Cal.App.4th 1242, 1276.)
C.C.P.§998 offer procedure has been used as an
additional basis for the award of attorney fees on the basis
of the statutory availability of attorney fees as costs under
the partition law.
APPEAL
The Final Judgment is also appealable as any other final Judgment. (C.C.P. § 904.1 (a)(1).) This applies to
error occurring after the Interlocutory Judgment becomes
final, as the Interlocutory Judgment would be the law of
the case.
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17
Beach Party Highlights
The 2013 NCBA beach party and barbeque
was a total success!
Grandparents, parents, kids, and even a few
lawyers came on down to the Oceanside
Harbor beach for a day of bocce, barbeque,
beach flags, and boogie boarding.
Special thanks to folks who helped make it
possible: Kurt and Nick Weiser, Lionel and
Bill Halsey, Patti Stockaplper, and of course
Mary Silva.
Don't miss it next year!
Pencil in Saturday, August 9, 2014.
18
North County Lawyer
September 2013
19
Continued from page 19
Lots of Games...Fun!!!!
20
North County Lawyer
STREET MEDIATION
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in all areas of civil litigation
• Judge pro tem, Special
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• Folow up conferences are part
of the job description
(760) 634-8231
James W. Street
jim@streetmediation.com
2163 Newcastle Avenue, Suite 200
Cardiff-by-the-Sea, CA 92007
www.streetmediation.com
BANKRUPTCY AND CREDITOR HARASSMENT
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ichaelDoanisaCertified
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21
ELDER ABUSE ACT
Continued from page 6
Code §15657.5 specifically only awards attorneys’ fees
and costs to the Plaintiff. This was affirmed in Wood v.
Santa Monica Escrow Co. (2007) 151 Cal.App.4th, 1186.
The specter of punitive damages and the statutory
language providing for a writ of attachment for the return
of property taken in Welf. & Inst. Code § 15657.01 is a
powerful incentive to the errant fiduciary to seek a settlement of the senior's claim.
Under California law, elder abuse can carry criminal penalties as well. Criminal elder abuse occurs where
any person violates any provision of law proscribing theft,
embezzlement, forgery, or fraud. Criminal penalties also
attach to anyone who violates Section 530.5 of the Penal
Code proscribing identity theft with respect to the property or personal identifying information of an elder, and
who knows or reasonably should know that the victim is
an elder. Violation is punishable by imprisonment in a
county jail not exceeding one year, or confinement in the
state prison for two, three, or four years, when the money,
labor, goods, services, or real or personal property taken or
obtained is of a value exceeding nine hundred fifty dollars
($950); and by a fine not exceeding one thousand dollars
($1,000), by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment, when
money, labor, goods, services, or real or personal property
taken or obtained is of a value not exceeding nine hundred
fifty dollars ($950). (see Penal Code Section 368).
Audrey Powers Thornton is a partner at Thornton Koller,
www.thorntonkoller.com. She can be reached at
760-688-0600.
MEDIATION. A WINNING STRATEGY.
craighiggs.com
22
North County Lawyer
2013 SUSTAINING MEMBERS
CONSUMER FRAUD
Gold
Rafael Acosta
Karen Black
Wentzelee Botha
William Brown
Ron Cozad
Jennifer Creighton
Michael Curran
Susan Curran
Carla DeDominicis
James Dicks
Paul Gavin
Kenneth Gosselin
Karen Heffron
Michael Klein
Jeffrey Lacy
Richard Layon
Charles Richmond
Herbert Weston
Michael Whitton
Silver
Bradley Bartlett
Paul Campo
Mark Chambers
Angelo Corpora
Richard Boyer
Catherine
Kroger- Diamond
John Hansen
Anne Howard
Richard Hyatt
Bruce Jaques
Russell Kohn
Bradley Patton
David Larkin
Constance Larsen
Gregory Lievers
Virginia Lopez
Richard Macgurn
Christine Mueller
Deborah Nash
Kathleen Norris
Garth O. Reid
Kelly Reid
Charles Salter
Jodi Schnoebelen
Jacqueline Skay
Joseph Stine
Debra Leffler Streeter
J. Michael Vallee
Wayne Templin
Kurt Weiser
AND PROTECTION
Proudly Representing North County
Consumers for Over 30 Years.....
• Serious Personal Injury
• Wrongful death
• Consumer fraud
Many years ago, I added Consumer
Fraud and Protection cases to my
plaintiff’s trial practice. Over the
years, my passion for pursuing these
wrongs has grown. Do you have
clients who have been cheated or
ripped-off? I pay generous referral fees
per State Bar guidelines, or, if you’d
prefer to remain involved, we could
work together as co-counsel.
Law Offices of
J. Michael Vallee
603 N. Hwy. 101, Ste. G
Solana Beach, CA 92075
858-755-6477
www.valleelaw.com
Thank you!
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Fragomen, Del Rey, Bernsen & Loewy, LLP
11238 El Camino Real, Suite 100
San Diego, CA 92130
Phone: 1 858 793 1600
www.fragomen.com
ATTORNEYS AT LAW
September 2013
23
#crimpro
By Eric P. Ganci, Esq.
Bound by law changes after pleading: Doe v. Harris
On July 1, 2013, the California Supreme Court
decided Doe v. Harris, holding if you plead to a plea
agreement, and then if the law changes, you can still be
bound by the amendment. "[T]he parties are presumed to
have had existing law in mind when they executed their
agreement...." Harris explains this remains true even if the
Judge or prosecutor is silent as to the statutory changes,
because neither the People nor the Judge give an "implied promise that the defendant will not be subject to the
amended law."
The court balances general contract principles,
and Justice Kennard's dissent hits on a really, really good
point: if the "alteration is material." And that "material
terms of the agreement cannot be modified without the
parties consent." "But when is a term in a plea agreement
'material?' That question has so far not been addressed by
this court." In Justice Kennard's view, "a term in a plea
agreement is material if it is essential to a party's decision
to enter into the agreement."
You have the right to remain silent, but must say so:
Salinas v. Texas
The June 17th U.S. Supreme Court decision Salinas v. Texas gives us all one Constitutional reminder: you
have the 5th Amendment Right to remain silent, but you
must assert that right. If you just remain silent, that silence can be used against you (with some exceptions).
For Salinas, Defendant voluntarily went with
police for an interview after an alleged shotgun murder.
But when Police asked him a question about shotgun
shells related to the murder, he "looked down at the floor,
shuffled his feet, bit his bottom lip, clenched his hands in
his lap, [and] began to tighten up." After a few moments
of silence, the officer asked additional questions, which
Defendant answered. Prosecution used that silence and
reaction as evidence of Defendant's guilt, over objection.
Salinas is a split decision: five justices agreeing, and four
dissenting.
Maryland v. King, holding when a person arrested on a "serious crime", "dangerous offense", "on felony charges", a
buccal cheek swab is not an unreasonable search per the
Fourth Amendment. The court here makes clear this decision applies to "this class of arrestees...." Justice Kennedy
writes the opinion, although the court is split 5-4, with Justice Scalia writing the dissent.
The Court balances the buccal swab against taking fingerprints and booking photos--that it's not intrusive.
Kennedy also addresses "some detainees to lift their genitals or cough in a squatting position" and implies this is not
an unreasonable search.
For King, in 2009 he was arrested and convicted of "menacing a group of people with a shotgun" and
charged with second-degree assault. Upon this arrest, police swabbed him, and linked King's DNA to an unsolved
rape from 2003.
For information please contact
Eric P. Ganci, DUI Trial Lawyer
GALENTE GANCI, APC
110 West "C" Street, Suite 712
San Diego, California 92101
Eric@GandGTrialLawyers.com
T: 619-241-2111
Buccal swab does not violation 4th Amendment:
Maryland v. King
On June 3, 2013 the U.S. Supreme Court decided
24
North County Lawyer
IS THERE A STATUTORY
PROVISION YOU
THINK
SHOULD BE CHANGED?
Send your ideas and suggestions to
North County Bar Association
on or before December 3, 2013
to
Executive Director, Mary Silva to
info@northcountybar.org
or call
760.758.5833
POST-CONVICTION legal matters
Diane T. Letarte, MBA, LLM
M.S. Forensic Psychology
•
•
•
•
Post-Conviction Criminal Defense, 1000+ Hearings
Parole Violations, Prison Lifer Suitability Hearings
Direct and Collateral (Habeas Corpus) Appeals
3-Strikes (Prop 36) Resentencing Petition
PETERS
ATTORNEYS AT LAW
&
FREEDMAN, L.L.P.
A FULL SERVICE LAW FIRM
Experience you can rely on
People you can trust
encinitas office
desert office
760 436 3441
760 773 4463
www.hoalaw.com • mail@hoalaw.com
State Bar of California
Certification Number 0027
Visit us at lawreferral.org
Former President of NC Chapter of Lawyers Club
Judge Pro Tem S.D. Superior Court
619-233-3688 * Toll Free 888-200-8385
dletarte@earthlink.net * www.renegade-attorney.com
1080 Park Blvd., Ste 1008
San Diego, CA 92101
Affiliations: California Association of Parole Defense Attorneys
(CAPDA), National Association of Criminal Defense Lawyers,
Local: Lawyers Club, San Diego Bar, North County Bar.
September 2013
Do You Need to Refer a Client,
but don’t know who to call... or for
Panel Membershisp
CALL YOUR LOCAL
LAWYER REFERRAL SERVICE
at
760-758-4755
25
Classifieds
OCEAN VIEW OFFICES POWERED
BY SOLAR near intersection of 78 and
El Camino Real, executive offices with receptionist, digital phones, high speed Cox
cable, conference room, messenger service,
Westlaw, Rutter, CEB, state of the art technology, etc. 2170 El Camino Real, Oceanside starting at $500. Call Patricia or Gary
(760) 721-0200.
PROBATE-TRUST APPRAISER. Estate valuations, IRS Form 706 compliant,
28 years experience, Expert witness, S.
Dan Lehman - Certified General Real Estate Appraiser. (760) 672-1140.
ENCINITAS-Large & small offices include recept, utilities, internet, phone sys,
$375-$475/mo. Can reduce for services.
(760) 436-2561.
UPSCALE CREEKSIDE LAW
OFFICE SUITES FOR LEASE - Two
separate offices with shared conference
room, law library, two bathrooms, kitchenette, waiting room and reception area.
Plenty of parking. Trash, water, sewer and
all maintenance fees included. Share gas
and electricity. All offices overlook Buena
Vista Creek. Minutes from Highway 78
and the Courthouse; walk to banks and restaurants close by. Partially furnished. One
suite $550, two suites $1,000.00. Please call
(760) 758-3940. Serious inquiries only.
CARLSBAD - two offices for rent in Old
Carlsbad. $700 and $250. Freeway close,
SOLANA BEACH OFFICES ample parking. 2646 Madison St., 92008.
AVAILABLE: Law Firm located off I-5 in Call Vic Balaker at (760) 434-9180 or
DOWNTOWN ESCONDIDO
Solana Beach Corp. Centre has available to (760) 434-1543.
2 OFFICES AVAILABLE - 1st Office
sublet recently remodeled, furnished or unSpace Suite includes 12'x16' office with
furnished, windowed offices with 1 to 2 cu- VISTA OFFICES: Executive Suites to
separate 8'x9' secretarial space.
bicles. Includes use of 3 conference rooms, 1,400 sq. ft. Very easy access to HWY 78.
2nd Office Space Suite includes 12'x 16'
2 kitchens, bathrooms, lobby area, off-street View of courthouse and valley.
office, (with optional separate 8'x9' secreparking and janitorial services. Suite is very Lobby-Kitchen-conference room.
tarial space - rent negotiable).
high quality and located on second floor of (760) 275-6024.
Available now. Amenities include:
a three story building. Please call to set-up SHARE CARLSBAD VILLAGE
* Monitored security system,
time to view. (858) 755-5666 ext. 7233.
OFFICE with personal injury attorney, * Merlin telephones w/voice mail,
Private Office, conference room, shared * Free off street parking, utilities, and janiLEGAL OFFICE IN CARLSBAD
VILLAGE: Looking to share our current kitchen, copy machine, fax. Month to torial services (twice weekly),
Month. Call Simon Mikhael at
* Front lobby receptionist, notary services,
space. Our suite offers many amenities.
(760)
720-2555.
spacious waiting room w/antique furniture,
Established space for an assistant. Ample
* Large conference room, coffee/tea, miparking. Rent is negotiable. Please call
Vista “hourly” CONFERENCE
(760) 434-4747.
ROOMS -- $35/hr or $50/hr for two (me- crowave, refrigerator w/ice maker
diation break room). Between the County * And much more.
NORTH COUNTY CONFERENCE Court House and Hwy 78. (760) 275-6024 * Copy, postage and fax machines also
available.
ROOMS --Available by the hour. Conve- or (760) 415-9984
Well maintained building with long term
niently located in Vista between the Coun- nbelko@roadrunner.com
tenants. These suites will go fast, please
ty Court House and Highway 78. $35 per
call to reserve your showing before they
hour or $50 per hour for both rooms. The
are gone. Please contact Debbie or Frank at
furnished adjoining room is available as a
760-745-1484. If responding by e-mail
second meeting room or private mediation
weebitdebi@sbcglobal.net, please put Of“break room”… (760) 275-6024 or
fice Space Available in the subject line.
(760) 415-9984 nbelko@roadrunner.com.
San Diego Superior Court Expands Free Training Course on
E-Filing with Spotlight on Probate Filings
Due to popular demand, the San Diego Superior Court and One Legal, the Court’s E-file service provider, are offering
two additional free sessions to discuss the legal and procedural requirements for E-filing in the San Diego Superior Court.
Three previous E-filing courses were booked to capacity and now Probate E-filing instruction is also available so two
additional sessions are now being offered.
The free sessions will be held:
• Thursday, September 19, 2013 with training for E-filing in all Civil and Probate case types. The training, which is
open to attorneys and support staff, will be held at Noon in Room 363B on the third floor of the Hall of Justice
(330 West Broadway)
• Friday, September 27, 2013 with training for E-filing in all Civil and Probate case types. The training, which is open
to attorneys and support staff, will be held at Noon in the Jury Lounge of the Vista Courthouse (325 S. Melrose Drive)
The sessions will cover the legal requirements for E-filing as well as a “how to” demonstration for those wishing to
access E-filing in the San Diego Superior Court.
26
North County Lawyer
Education Calendar
PERSONAL INJURY
DATE/TIME: Tuesday 09/10 12:00 Noon
PLACE: NCBA Office (249 S. Indiana Ave; Vista, CA)
TOPIC: How to Win the Impossible Case
SPEAKER: Browne Greene, Esq.
INFO: Richard Duquette - (760) 730-0500
Lionel Halsey- (760) 494-7294
MCLE CREDIT HOURS: 1.0 General (pending)
TRUSTS & ESTATES LAW
DATE/TIME: Wednesday 09/11 7:30 a.m.
PLACE: IHOP, 78 & Sycamore
TOPIC: Business Valuations: How Attorneys Can
Influence The Level of Discounts
SPEAKER: Carl Sheeler
INFO: Mary Cataldo (760) 931-9700
Paul Smith (760) 724-5684
MCLE CREDIT HOURS: 1.0 General (pending)
NEW LAWYERS/BUSINESS LAW SECTION
Speed Writing: Brain to Brief in a Hurry
What: Hands-on CLE designed to help attorneys prepare
high-quality written work involving complicated, involved
facts and laws, and to do so when there’s not enough time
to do it.
When: September 11, 2013 at 12:00-1:15 p.m.
(We will begin promptly at noon.)
Where: NCBA Office (249 S. Indiana Ave; Vista, CA)
Who: Our instructor is Randall Christison, Esq. Following twenty-six years as a top-rated trial and appellate
litigator, he was chosen in 2000 by the Attorney General
of California to create and run the professional development and training program for the Department of Justice.
Don’t miss this energetic and practical program. All NCBA
members who want to improve their legal writing skills are welcome to attend.
1. The speaker will assume experience in drafting legal
documents under time pressure.
2. The speaker asks that those attending have in mind a
project they are now working on or recently had worked on
and to bring a pen and paper.
Info: John Donnoe, Esq. at (858) 201-9030.
MCLE CREDIT HOURS: 1.25 General (pending)
The BANSDC certifies that the above activities conform to the
standards set forth in Section 7.1 for approved education activities
prescribed by the Rules and Regulations of the State Bar of California
governing MCLE and are approved for MCLE credit by the State
Bar of California.
September 2013
CIVIL LITIGATION
DATE/TIME: Thursday 09/12 12:00 noon
PLACE: NCBA Office (249 S. Indiana Ave; Vista, CA)
TOPIC: Creating and Preserving Your Case for Appeal:
How, When and Why to Object, Raise and Preserve IssuesSPEAKERS: Valerie Hong Esq., Christina Bernstein, Esq.,
and Derek Hecht, Esq.
INFO: Susan Curran - (760) 634-1229
MCLE CREDIT HOURS: 1.0 General (pending)
WORKERS’ COMP
DATE/TIME: Friday 9/20 12:00 noon
PLACE: Vista Village Pub
(224 Main Street; Vista, CA)
TOPIC: Elimination of Bias
SPEAKER: Cecile Bereal, Esq.
INFO: Michelle Bettis (760) 476-9990
MCLE CREDIT HOURS:
1.0 Elimination of Bias (pending)
REAL PROPERTY
DATE/TIME: Wednesday 09/25 8:00 a.m.
PLACE: NCBA Office (249 S. Indiana Ave; Vista, CA)
TOPIC: Title Policy
SPEAKER: David G. Boss, Esq.
INFO: James Lund (760) 747-7800
Deborah Zoller (760) 728-0464
MCLE CREDIT HOURS: 1.0 General (pending)
FAMILY LAW
DATE/TIME: Wednesday 9/25 12:00 noon
PLACE: NCBA Office (249 S. Indiana Ave; Vista, CA)
TOPIC: How To Obtain Attorney Fee Orders
In Family Law
SPEAKER: Family Law Section Chair
Pierre Domercq, Esq.
INFO: Pierre Domercq (760) 434-3330
Anastasia Ganatsios (760) 201-9970
MCLE CREDIT HOURS: 1.0 General (pending)
Mark your calendar!
ADR SECTION
WHEN: Wednesday, October 9, 12:00 p.m.-2:00 p.m.
FAMILY LAW SECTION
WHEN: Friday October 25, 12:00 noon
CRIMINAL LAW SECTION
RSVP - info@northcountybar.org
WHEN: Friday, November 8, 2013 at 5:30 p.m. - 7:00
Casa Palmera (14750 El Camino Real;
Del Mar, CA 92014)
ADR SECTION
WHEN: Wednesday, November 13, 12:00p.m.-2:00 p.m.
27
North County
Bar Association of
Post Office Box 2381
Vista, CA 92085
PRSRT STD
U.S. POSTAGE
P A I D
Vista, CA 92085
Permit No. 43
Change Service Requested
NORTH COUNTY
BAR ASSOCIATION
GOLF TOURNAMENT
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The North County Bar Association
cordially invites you to attend its
September Dinner Meeting
Thursday, September 19, 2013
5:30 p.m. to 8:30 p.m. at
The Crossings in Carlsbad
5800 The Crossings Drive, Carlsbad
MONDAY
OCTOBER 14, 2013
Twin Oaks Golf Course
1425 North Twin Oaks
Valley Road
San Marcos
760-591-4700
Terry Kasbeer, Chairman
of the Golf Committee
SHOTGUN START
At 12:45 p.m.
Dinner will be in the Garden Room
Great Atmosphere!
Only $85.00 per player
includes golf fees & dinner
Gather your foursomes!
Further Details to Follow
760-758-5833
Featuring
“Meet the Bench and Get Answers to
Your Questions!”
A Panel
Discussion
This is a rare opportunity. Meet the bench and get answers to your questions! A special panel of judges has
agreed to be present at our September meeting to answer
your questions and concerns, and listen to your suggestions about how the various departments are run.
Please join us and bring a friend!
Please submit your questions, concerns, suggestions or
topics you would like the judges to address by sending an email to bansdc@northcountybar.org, or fax it to
760.758.3979. (Be sure to put “September Dinner Meeting Questions.” No limit to the questions you can ask.)
Please join us and bring a friend!
Cost is $28.00: Meal choices: Chicken, Beef of
Pasta. Please forward your reservations to:
NCBA, P.O. Box 2381, Vista, CA 92085
To pay by Credit Card, please call the bar office at
760.758.5833