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President's Message

Welcome to 2014-2015!   It is with great enthusiasm that I welcome you to the 2014-2015 session of the Desert Bar Association. It is a particular honor to be installed as the President of the DBA...

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Upcoming Events

DBA Luncheon: "Ethics MCLE"    presented by Joseph Jones; Friday, November 21, 2014; 11:30am @ The Classic Club in Palm Desert.

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1st Annual DBA/Inn of Court Judge and Lawyer Hall of Fame Awards    Tuesday, December 9, 2014. California Supreme Court Justice Carol Corrigan to be keynote speaker; 5:30 p.m. @ The Pavilion, Indian Wells Golf Resort.

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MCLE: HOW TO HAVE AN EFFECTIVE MEDIATION    Wednesday, December 10, 2014; 11:45am-1:00pm @ Riverside County Law Library, Indio Branch, 46900A Monroe Street, Indio. 1.0 hr FREE General MCLE credit.

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More events coming soon!    Be sure to check back with us.

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Save the Date

January 16, 2015   DBA Luncheon. Presiding Judge Harold Hopp to present "State of the Court" 11:30am @ The Classic Club.

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January 30-31, 2015   Home Grown MCLE: "Trial Academy" 12.0 hours MCLE credit for $179. Call Irene at 760-771-5490 to RSVP.

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February 1, 2015   Home Grown MCLE: "Negotiate Like the Pros" 5.0 hours MCLE credit for $95. Call Irene at 760-771-5490 to RSVP.

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February 2015   DBA Mixer at a location TBD.

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March 14, 2015   Home Grown MCLE: "Personal Injury/Civil Update" 5.0 hours MCLE credit for $95. Call Irene at 760-771-5490 to RSVP.

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April 2015   DBA Mixer at a location TBD.

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April 11, 2015   Home Grown MCLE: "Criminal Law Update" 5.0 hours MCLE credit for $95. Call Irene at 760-771-5490 to RSVP.

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June 27, 2015   38th Annual Bird Awards and Distinguished Judges Night @ Sun City Palm Desert. Invitations to come in Spring 2015.

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More events to come!   Be sure to check back with us.

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Past Events

Chief Justice of California Luncheon - April 2012    Photos from the Luncheon for the Chief Justice of California, April 19, 2012

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OneJustice Bus Project - April 2012    Photos from the OneJustice Bus Project - April 2-3, 2012

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Bird Awards 2011 - Beach Blanket Indio    Photos from Beach Blanket Indio, June 3, 2011.

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2011 Court of Appeal Visit    Photos from April 2011 Court of Appeal Visit

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April 2011 Cocktail Mixer    Photos from Cocktail Mixer at Cork Tree on April 20, 2011

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59th Annual Installation of Officers & Trustees    Photos from the 59th Annual Installation of Officers & Trustees on October 23, 2010

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Bird Awards 2010 - Alice in Lawyerland!    Photos from Alice in Lawyerland, June 26, 2010.

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Senior Law Day 2010    Photos from Senior Law Day 2010

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Items of Interest

GOVERNOR BROWN APPOINTS TWO TO RIVERSIDE COUNTY SUPERIOR COURT

Wednesday, November 12, 2014. Governor Edmund G. Brown Jr. today announced the appointment of Susanne S. Cho and James T. Latting to judgeships in the Riverside County Superior Court.

 

Cho, 48, of Palm Desert, has been an attorney at the Law Offices of Rodney Lee Soda since 2004. She served as a deputy public defender at the Riverside County Public Defender’s Office from 1994 to 2004. Cho earned a Juris Doctor degree from the University of California, Hastings College of the Law and a Bachelor of Arts degree from the University of California, Los Angeles. She fills the vacancy created by the retirement of Judge David B. Downing. Cho is a Democrat. Cho will be the first Korean American woman judge ever appointed to the Riverside County Superior Court.

Latting, 65, of Palm Desert, has been of counsel at Roemer and Harnik LLP since 2002. He was general counsel and managing general partner at Latting and Co. from 1996 to 2002 and from 1984 to 1988. Latting was a partner at George, Hull, Porter and Kohli P.S. from 1990 to 1996 and an associate at Bogle and Gates from 1988 to 1990, where he was an associate from 1979 to 1981. He was a partner at Bratcher, Owen, Latting, Teague and Owen from 1981 to 1984 and an associate at Crowe and Dunlevy from 1978 to 1979. Latting earned a Juris Doctor degree from the University of Oklahoma College of Law, a Master of Science degree from the London School of Economics and a Bachelor of Arts degree from Yale University. He fills the vacancy created by the retirement of Judge Gary B. Tranbarger. Latting is a Democrat.

 







FAMILY LAW SECTION HOLIDAY PARTY - DECEMBER 2, 2014

The 2014 Family Law Section Holiday Celebration will be held on Tuesday, December 2, 2014, 6:00pm, at Copley's Restaurant in Palm Springs. $65/person. RSVP/Payment Deadline: November 24, 2014. Please respond early, as seating is limited. For inquiries and to RSVP, please contact Carolyn Martino at (760) 200-0700. For more information, please click here to download the invitation and menu in PDF format.







FAMILY LAW SECTION MEETING - NOVEMBER 20, 2014

The last regular meeting of 2014 will be on Thursday, November 20, 2014 at 5:30 p.m. The meeting will be held in the banquet room of Sizzler located at 81760 Highway 111, Indio, CA 92201. The featured presenter is Donald J. Miod CPA, ABV, CVA, CBA, FCPA, CFF, CFS, CGMA who will be speaking on “The proper care and feeding of forensic accountants – Obtaining the most cost efficient and best use.”

 

Topics to be covered include:
• Engagement methods
• Discovery and common document repositories
• Meet and confer
• Side by side analysis
• Technology and assisting during depositions and trial
• Appointment under §730
• Practice aid handouts
• Making the court’s decision as paired down as possible
• Keeping the cost as reasonable as possible.

 

This presentation is not to be missed! 1 hour general MCLE credit available. RSVP required, as space is limited. To RSVP, please contact Rejeanne Eyre at (760) 863-3840 or reyreesq@gmail.com.

 

Additionally, any submissions for the November 2014 newsletter should be sent no later than November 17, 2014. Submissions should be made to Rejeanne Eyre.







FAMILY LAW SECTION NEWSLETTER - OCTOBER 2014 EDITION

The October 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.







OTHER BAR MEETING IN RANCHO MIRAGE

The Other Bar is a group of lawyers, judges, law students and other legal professionals who are in recovery or who seek to get into recovery from issues with alcohol and drugs. There is a meeting in Rancho Mirage at the Betty Ford Center every Monday evening at 7:00 p.m. Contact Charley R. at 760-698-8033, for details.







TAKING THE FEAR OUT OF SERVICE IN MEXICO

Take the fear out of process serving abroad! To validly serve abroad requires complying with the requirements of that country. Focusing on Mexico, Family Law Facilitator Pamela J. Peery will cover how to properly serve a person abroad. She will also provide a brief comparison of the agreements which require such procedures in various countries. Open to All. No Cost. Wednesday, October 15, 2014, 12:00pm-1:00pm at the Riverside County Law Library, Indio Branch, 46900 A Monroe Street, Indio, CA 92201. For more information contact Indio Branch Staff at 760-848-7151 or lawlibrary.indio@rclawlibrary.org. To download the flyer for this event, click here.







FAMILY LAW SECTION NEWSLETTER - SEPTEMBER 2014 EDITION

The September 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.







RESULTS OF THE DBA ELECTION

The votes have been tallied, and we are now happy to announce your incoming Officers and Board of Trustees of the Desert Bar Association for 2014-2015:

 

OFFICERS:
President - Michael B. Rover
Vice President - Julie A. Rosser
Secretary - Karen J. Sloat
Treasurer - Carlos L. Campos

 

TRUSTEES:
James T. Latting
Kimberly T. Lee
Robert J. Gilliland, Jr.
Roger K. Tansey
Christoffer J. Thomsen
Natalie S. Keller
Amir H. Afsar
Rejeanne Eyre







CHEMERINSKY SUPREME COURT REVIEW FOR 2014

For anyone who missed the recent special DBA luncheon, where Dean Erwin Chemerinsky provided our members with an update on this past year's U.S. Supreme Court decisions, here is a link to it written form: http://www.calbarjournal.com/August2014/TopHeadlines/TH1.aspx.







FAMILY LAW SECTION NEWSLETTER - JUNE 2014 EDITION

The June 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.







FAMILY LAW SECTION NEWSLETTER - MAY 2014 EDITION

The May 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.







FAMILY LAW SECTION NEWSLETTER - APRIL 2014 EDITION

The April 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.







FAMILY LAW SECTION NEWSLETTER - MARCH 2014 EDITION

The March 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.







FAMILY LAW SECTION NEWSLETTER - FEBRUARY 2014 EDITION

The February 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.







FAMILY LAW SECTION NEWSLETTER - JANUARY 2014 EDITION

The January 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.







PASSING OF RONALD T. GOLAN

Ron (11/4/1930-1/23/2014) was born in New York City, N.Y. His parents were Louise E. Golan and Sylvia (Weinstein) Golan. Ron was an Attorney at Law for over 50 years and a member of the Desert Bar Association. Previous occupations include Trans World Airline Pilot, President of Golan Imports Company, and Commissioner of Palm Springs International Airport. As a young man he managed a water company that was on the site of what is now Sunnylands. He was also an entrepreneur and Real Estate Broker. Ron was a founding member of the NTSB Bar Association. He served his country as a U.S. Air force fighter pilot from 1951 - 1955. He was active duty during the Korean War. Ron attend The University of Southern California for both Undergraduate Studies and Law School. He was a graduate of Beverly Hills High School. Ron is survived by his companion Cheryl Parker of Palm Desert, Calif., daughter Terri Ann Dickson of Rancho Santa Fe, Calif., sons Jon Eric Golan of Long Beach, Calif., Peter Louis Golan of Vista, Calif., and sister Barbara "Joy" Escoe of Costa Mesa, Calif. He also has three grandchildren. Ron loved animals and leaves behind two dogs and three cats. He was a proud lifetime member of The Living Desert and always supported military organizations such as the Wounded Warrior Project and the American Legion. Ron will be buried at Riverside National Cemetery. If you would like to honor his passing with a gift, the family asks that you please make a donation on Ronald Golan's behalf to Wounded Warrior Project at www.woundedwarriorproject.org.







PASSING OF ANTHONY E. SHAFTON

Anthony E. Shafton, 72, of Palm Desert, California, passed away on July 17, 2013 in Rancho Mirage. He was born July 17, 1941 to Ellis Shafton and Edythe Brown in St. Louis, Missouri. He married Sandra Loos on September 2, 1990 in Los Angeles. He was a lawyer for 47 years and practiced at Berger Kahn Shafton Moss Figler Simon and Gladstone from 1975 to 2001. Thereafter he practiced law in Palm Desert. He was a member of the Los Angeles County Bar Association. He served in the U.S. Army from 1959-1960 as a PVT E-2. He is survived by his wife, Sandra Shafton of Palm Desert; daughter, Dr. Elizabeth (Jeffery) Shafton Bias of San Ramon, California; son, Brian (Jennifer) Shafton of Sherman Oaks, California; sister, Randy (Jiggs) Gallager of Palm Springs, California; grandchildren, Mitchell and Hallie of San Ramon. A Memorial Service will be held in Los Angeles at a later date. Forest Lawn Memorial-Parks & Mortuaries.







U.S. SUPREME COURT DISMISSES PROP 8 APPEAL ON STANDING GROUNDS

Here is a link to download the U.S. Supreme Court's opinion in Hollingsworth v. Perry: http://db.tt/ezhkNan6







U.S. SUPREME COURT PARTIALLY STRIKES DOWN DOMA

Here is a link to download the U.S. Supreme Court's decision in U.S. v. Windsor: http://db.tt/qkHPkBWQ







THOMAS J. McDERMOTT, JR., IS INDUCTED INTO TRIAL LAWYER HALL OF FAME

Since 1994, the Litigation Section of the State Bar of California has inducted one or more attorneys into the Trial Lawyer Hall of Fame. This award is given to professionals who have excelled as trial lawyers and whose careers exemplify the highest of values and professional attainment.

 

The Litigation Section is pleased to announce that Thomas J. McDermott, Jr., will be inducted into the Trial Lawyer Hall of Fame. The reception and dinner in his honor and presentation of the award took place in Hollywood on June 22, 2013.

 

Tom McDermott has been practicing business law for 52 years, from the Los Angeles area, to New York, Washington DC and currently, in Palm Desert. He has litigated in state and federal courts in California, Nevada, Arizona, Michigan, Massachusetts, Illinois, Iowa, Florida, Wisconsin, and Indiana. During that time he has represented many diverse clients, including major corporations and diverse industries, government entities and prominent entertainers.

 

Tom helped found and was president of the Association of Business Trial Lawyers (ABTL); he was the first editor of its Bulletin, president of the UCLA Law Alumni Association, chair of the Litigation Section of the State Bar of California, chair of the Lawyer Representatives Coordinating Committee of the Ninth Circuit Judicial Conference, chair of the Ninth Circuit Judicial Conference, and chair of the Ninth Circuit Advisory Board. He has received the John Frank Award, given once a year by the Ninth Circuit to a lawyer for outstanding service to the federal courts. He is a Fellow of the American College of Trial Lawyers. Tom has written extensively for California Litigation, the publication of the Litigation Section of the State Bar of California. Mr. McDermott was one of the founders of the Los Angeles Opera Company and represented it for many years. He served on the board of the Los Angeles Music Center Performing Arts Council.

 

Outside the law, he served in the Army in Korea, was the Barbeque Champion of the World, was an amateur magician, and he met his wife when both were taken hostage in a coup d'etat in the Philippines.







RIVERSIDE COUNTY LAW LIBRARY ANNOUNCES NEW DIRECTOR

 

Victoria Williamson has been selected as the new Director for the Riverside County Law Library. Victoria began her career in Riverside with Best, Best & Krieger LLP where she ultimately became Director of Library Services. She went on to acquire positions as a Reference Librarian at the University of LaVerne College of Law, Assistant Director of Public Services, and later Assistant Director of Strategic Directions & Development at the San Diego Law Library. With over 22 years of experience, she has returned to Riverside ready to lead the Law Library in living up to its mission of providing free and open access to the law for all in the County. To read the entire announcement, please click here.







TO SUMMARILY ADJUDICATE OR NOT ADJUDICATE: THE RECENT AMENDMENTS TO ยง 437c

California’s statutory summary judgment and adjudication provisions are found in Code of Civil Procedure section 437c. The statute was amended by the State Legislature effective January 1, 2012. The changes are significant.

Prior to the amendment, a party could move for summary adjudication of (1) one or more causes of action, (2) affirmative defenses, (3) claims for damages, or (4) issues of duty. In reality, this mainly translated into summary adjudication motions on certain causes of action, on punitive damages, or on straightforward affirmative defenses such as the statute of limitations.

The purpose of allowing such motions under the statute is to expedite litigation and eliminate needless trials. PMC, Inc. v. Saban Entertainment, Inc. (1996) 45 Cal.App.4th 579, 590. However, despite the stated purpose of the statute, parties interested in having the court determine major issues that, if resolved, would not dispose of an entire cause of action or an entire affirmative defense, could not look at 437c for a mechanism for judicial resolution of the issue. Before the recent amendment, the only option to adjudicate issues was through a motion in limine.

Now, with the adoption of these changes to Section 437c, parties can move for summary adjudication of a legal issue or claim for damages even if that issue does not completely dispose of a cause of action, an affirmative defense, or an issue of duty, according to specified procedures. To read more on this topic, click here.







FREE MCLE PROGRAMS FROM THE OFFICE OF LEGAL SERVICES

The State Bar Office of Legal Services has worked with legal aid advocates and the Practising Law Institute (PLI) to develop these training programs which are available on demand at the PLI website. Registration is free.

Advocating for Veterans - The Basics on Benefits, Discharge Upgrades and Cultural Competency
Total MCLE Credits 6.25: Elimination of Bias 1.00; General 5.25

Family Law Series - The Basics: Pro Bono Representation in Low-Income Family Law Cases in California
MCLE Credits, General 9.25

Protecting Domestic Violence Survivors and Their Children
MCLE Credits: General 2.

Defending Unlawful Detainers: Training Pro Bono Attorneys to Help Families Avoid Homelessness
MCLE Credits: Total Credits 6.25: Elimination of Bias 1.00; General 5.25.

Protecting the Rights of Homeowners with Limited Scope Representation.
MCLE Credits 3.25 General.

Chapter 13 Bankruptcy: Its Value and How It Benefits Low-Income Debtors.
MCLE Credits 6.25 General.







NEW LEGAL ETHICS AND TECHNOLOGY RESOURCE PAGE IS ONLINE

The general Ethics Information page at the State Bar website has added a new area dedicated to Ethics and Technology -- a collection of resources that address professional responsibility issues raised by the use of Internet websites, email, chat rooms and other technologies. The resources include advisory ethics opinions, articles and MCLE programs.

 

Most of the resources are internal links to other pages on the bar’s website and some are external links to local or specialty bar associations. The new page is organized both by the type of resource (ethics opinion, article, etc.) and by subject matter (law firm websites, electronic files, social networking, etc.).

 

The new service focuses on providing basic legal research leads on how the rules apply to new technologies rather than specific law office systems, hardware or software options. For the latter, the resources of the State Bar’s Law Practice Management & Technology Section can be considered.







CA SUPREME COURT OPINION: CASSEL V. SUPERIOUR COURT OF LOS ANGELES (SUPER. CT. NO. LC070478, FILED 1/13/11)

"The issue here is the effect of the mediation confidentiality statutes on private discussions between a mediating client and attorneys who represented him in the mediation."

 

The [Court of Appeal] majority concluded, when a mediation disputant sues his own counsel for malpractice in connection with the mediation, the attorneys — already freed, by reason of the malpractice suit, from the attorney-client privilege — cannot use mediation confidentiality as a shield to exclude damaging evidence of their own entirely private conversations with the client. The dissenting justice urged that the majority had crafted an unwarranted judicial exception to the clear and absolute provisions of the mediation confidentiality statutes. 

 

Though we understand the policy concerns advanced by the Court of Appeal majority, the plain language of the statutes compels us to agree with the dissent.

 

To read the entirety of the Court's opinion, please click here.







ABA Journal: Plaintiff Who Discussed Suit with Lawyer on Work E-Mail Can't Claim Privilege

Posted Jan 20, 2011 8:02 AM CST
By Debra Cassens Weiss

 

A woman who sued her employer claiming discrimination can’t shield her lawyer e-mails in the litigation because they were sent from her work e-mail account, a California appeals court has ruled.

 

Gina Holmes had claimed the e-mail was protected by the attorney-client privilege, according to stories by Wired’s Threat Level blog and Technolog on MSNBC.com.

 

The Sacramento-based appeals court said the e-mail was not a protected confidential communication because Holmes’ employer, the Petrovich Development Co., had warned that employee e-mails were not confidential and were subject to monitoring.

 

“The e-mails sent via company computer under the circumstances of this case were akin to consulting her lawyer in her employer's conference room, in a loud voice, with the door open, so that any reasonable person would expect that their discussion of her complaints about her employer would be overheard by him,” the court said.

 

Last March, the New Jersey Supreme Court protected e-mails sent from a personal account on a work computer to a lawyer. The court noted that the e-mails weren’t clearly covered by the employer’s policy, and they contained the standard warning that they were confidential attorney communications.

 

To view this article on the ABA Journal website, please click here.









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