The Family Law Section meeting for this month will be Thursday, April 30, 2015 at 5:30 p.m. at Trilussa Café in Cathedral City. The speaker will be John Patrick Dolan, Esq., to share the exciting new developments of our first ever local law school. RSVP to email@example.com or 760-200-0700.
The family of William Nolan Cosgrove would like to express its deep appreciation to the Board of Trustees and all of the members of the Desert Bar Association who offered their condolences, prayers and offers of personal and professional assistance following Bill's untimely death. We were overwhelmed by the attendance at Bill's funeral and the numerous flowers, gifts and telephone calls, emails, sympathy cards and donations to charities in Bill's name.
With deep appreciation,
The Family of Bill Cosgrove
Ayotte & Shackelford have released their new Court & Attorney Directory for 2015-2016. You may download a copy of the directory in PDF fomat by clicking here. (Note: the PDF file is 3MB.)
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.
ELWOOD M. RICH (November 20, 1920 - January 29, 2015) Retired judge Elwood M. Rich (Woody) was born in Turbot, Northumberland County 20 November 1920 to George and Helen Mary Rich, who were itinerant workers in the apple orchards. He grew up in Williamsport, Lycoming County, in north-central Pennsylvania and sometimes lived with his maternal grandfather, Attorney John Wesley Group, in Rauchtown, Clinton County. In Williamsport he lived baseball and played in locally organized groups who played teams from the surrounding area. These youths were the fore-runners of the new internationally-organized Little League, begat in Williamsport.
Woody attended Williamsport High School, from which he graduated in 1939. Woody enrolled in Duke University in 1939 where he graduated and completed his first year of law school. He passed the California and Illinois Bar Exams in 1946. He never missed a day of school from junior high through law school.
After a short stint of civil practice in Glendale, he came to Riverside in 1947 and was employed by W.O. Mackey in the District Attorney's Office, where he remained until elected judge in 1952. He married Lorna Beryl Smith Jirik, daughter of Edgar Vernon Smith and Ella Elizabeth Moe in 1948 in Hemet, CA. Lorna was born 11 February 1921 in Saskatoon, Saskatchewan, Canada and passed away July 28, 2007.
In 1952 when he was thirty-two years old, he ran for the position of Municipal Court judge in Riverside Judicial District, was elected and served there for eighteen years with almost perfect attendance.
Woody founded what is now California Southern Law School in Riverside in 1971 and was dean of the law school until 2014.
Woody was appointed to the Riverside Superior Court in April 1971 by then Governor Ronald Reagan and retired there in November 1980. He worked two days a week as a mediator for Riverside Superior Court from 1984 until 2012 and privately in mediation and arbitration from 1981 until 2013. Throughout the years he and Lorna enjoyed extensive domestic and foreign travel and participated in many Elderhostel (now Road Scholar) adventures. Woody was a voracious reader and movie buff; he loved his long-time, simple yet responsible life in the Wood street area of Riverside. He and Lorna were generous financial supporters of Eden Lutheran Church.
Judge Rich passed away on January 29, 2015, at the age of 94. His remains will be interred in Riverside's Evergreen Memorial Historic Cemetery. Woody is survived by four sons, Stevan, Brian, Gregory, and Scott, five grandchildren and two great-grandchildren.
At Woody's request there will be no formal services.
In lieu of flowers, contributions in his memory will be gratefully received by Eden Lutheran Church, 4725 Brockton Avenue, Riverside 92506; Evergreen Memorial Historic Cemetery, P.O. Box 20544, Riverside 92516 and The Community Foundation, 3700 Sixth Street, Suite 200, Riverside 92501 (Attn: Lorna B. Rich Endowment Fund).
Effective December 1, 2014, the court will begin offering private attorneys expedited access to the courthouses in Riverside County. Members of the California Bar will be given the opportunity to apply for and receive a court-issued photo identification card. Attorneys with this type of identification will be provided expedited screening at secured court entrances. Expedited screening is defined as walking through the magnetometers and not being required to have personal items go through x-ray screening. If a private attorney does not present a valid court-issued identification badge, he or she will be subject to the same screening as members of the general public.
Attorneys will be required to provide identifying documentation in order to receive a court-issued identification card. The required identifying documentation will include a current, valid State Bar card and photo identification. A minimal processing charge of $15 will be required. This access is intended to expedite screening for counsel, which will reduce delays in court hearings due to congested lines outside the courthouse.
The program is being piloted from January through June of 2015. If, at the conclusion of the pilot the court elects to continue with the program, the identification cards will be valid for a set period of time. More information is available on the court's website. To download the electronically-fillable PDF form needed to apply fora private attorney badge, please click here.
The November 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download it, please click here. (Warning: the newsletter is approximately 4MB in size and could take some time to download on a slow connection.)
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.
The October 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.
The September 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.
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:
President - Michael B. Rover
Vice President - Julie A. Rosser
Secretary - Karen J. Sloat
Treasurer - Carlos L. Campos
James T. Latting
Kimberly T. Lee
Robert J. Gilliland, Jr.
Roger K. Tansey
Christoffer J. Thomsen
Natalie S. Keller
Amir H. Afsar
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.
The June 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.
The May 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.
The April 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.
The March 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.
The February 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.
The January 2014 edition of the Desert Bar Association Family Law Section Newsletter is now available for download. To download, please click here.
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.
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.
Here is a link to download the U.S. Supreme Court's opinion in Hollingsworth v. Perry: http://db.tt/ezhkNan6
Here is a link to download the U.S. Supreme Court's decision in U.S. v. Windsor: http://db.tt/qkHPkBWQ
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.
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.
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.
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.
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.
"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.
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.
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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