Lawyer
NORTH COUNTY
Cover photo Sunset in Carlsbad
Photo by Shela Moriarty
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, Vice President/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
Legal Reflections - James Talley
6
Curbing Abuse of The Unruh
Civil Rights Act 8
The No-Notice Unlawful Detainer 10
NCTROC
12
Significant Indemnity and Defense
Relief for Subcontractors 14
Injuries to Children in California
16
April Dinner Photo Gallery
18
#Crimpro22
Classifieds
26
MCLE Calendar/Bench Bar Reception
27/28
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
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.)
Anthony Pantoni, Esq.
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.
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
One of the great benefits of North County Bar
membership is the camaraderie and positive influence
we can have on one another.
We may need help with a
professional problem or we
may be going through a difficult time. While we undoubtedly have loved ones
and trusted friends, sometimes we need to talk to another lawyer; someone who
can really relate.
Just the other day, I met with some fellow attorneys at a local restaurant for happy hour. We chatted about
family, law, interesting cases we were handling and the inevitable frustrations of practicing law. We bounced ideas
off one another and offered some suggestions based on our
similar experiences.
It was great! No pressure. No phones. No emails.
Just a beer, appetizers and good conversation. How nice it
is to know smart, interesting professionals and how helpful it is to socialize with them in a relaxed atmosphere.
Undoubtedly one of the motivating factors for
those of us who choose the legal profession is having the
ability to solve problems, and to help people. The NCBA
is a great way to get to know like-minded friends who can
share your professional and personal challenges.
State Bar of California
Certification Number 0027
Do You Need to Refer a
Client, but don’t know who to
call...
My niece, Chiara, is
finishing her last year at
UCLA. It has been a stressful process, especially
since she is a science major. When she even starts
talking about physics and
neurophysiology, a shunt
opens at the back of my
head and I.Q. points fall
out. She likes detail and
material that all adds up
at the end. In law school,
I used to define the difference in nature as those who excelled at Civil Procedure
and Evidence (detail and procedure oriented), versus those
who excelled in Contracts (concept and global oriented).
I belong to the latter category. Aside from Contracts, my highest grade in law school was in a seminar
course, International Legal Transactions.
The final exam stated: “Your client is McDonalds. They are opening a store in Moscow. Discuss all the
issues.” Slurp. That left me gloriously spinning in space,
reaching out to all the infinite number of arenas that could
be accessed, free to express myself to my heart’s delight.
Chiara, on the other hand, enjoys a good math test.
I wish her well in her chosen vocation – physician’s assistant. Working in a hospital or clinic would
have me running for the Tums. She says the same thing
about Law.
When I muse on Chiara and myself, I understand
why we each chose the field we are in. But when I survey
the assortment of lawyers in North County, I find impressive variety in personality, modus operandi and ability.
And I think most of you could excel at just about anything.
But I think I’ll stay away from science.
760-758-4755
Sponsored by the NCBA
lawreferral.org
June 2013
3
Save the
Dates
3 Legal Seminars
YOU HAVE GOT TO ATTEND:
WHY NOT YOU AS JUDGE OR POLITICIAN?
SPEAKERS:
Hon. Olga Diaz (Deputy Mayor of the City of Escondido)
June 26
Phil Hanneman (Director- Region 18 – San Diego
Democratic party)
TWENTY13
12:00 NOON – 1:00 PM
August 13
TWENTY13
12:00 NOON – 1:00 PM
Hon. Victor Ramirez (Superior Court Judge, Ret.)
The issues of diversity, fund raising and hiring a qualified campaign treasurer
along with the ethical obligations needed to run a winning campaign for
Judge or office will be covered in this informative noon seminar.
WINNING CIVIL APPEAL STRATEGIES
SPEAKER:
David Kay, Esq. (Appellate Lawyer)
Learn the finer issues of economically conducting a civil appeal including
cost bonds, stays, and the tips and traps of managing a winning Plaintiff’s
civil appeal in the Fourth Appellate District, Division 1.
HOW TO WIN THE IMPOSSIBLE CASE
September 10
TWENTY13
12:00 NOON – 1:00 PM
Seminar Location
THERE WILL BE CLE
4
Browne Greene, Esq. (Trial Lawyer)
Meet legend Plaintiff’s Trial Lawyer Browne Greene and his trial team as
they discuss winning the impossible injury case. He’ll examine his recent $7
million verdict for San Diego Criminal Defense Attorney Michael Burke
against the City of San Diego. Portions of his Power Point and electronic
exhibits will be displayed by his audio visual expert.
North County Bar Building: 249 S. Indiana Ave., Vista, CA 92084
Credits, SNACKS AND BEVERAGES PROVIDED FOR ALL SEMINARS!
Limited Seating! PLEASE RSVP:
m@911law.com
SPEAKER:
PRESENTED BY NORTH COUNTY BAR PERSONAL INJURY CO-CHAIRS:
Richard L. Duquette, Esq. & William L. Halsey, Esq.
North County Lawyer
President's
Perspective
I
t is hard to believe that we are almost half way
through the year now. Thank you, everyone, for
continuing to support our association. Remember that you can get involved in a number of
ways. We have a mentoring program, a legislative committee, and a variety of sections. Our New Lawyers Section is going strong and, if you know a new attorney, or
one who is new to the area, tell them to get involved! Our
NLS has also been providing hard-to-get MCLE credits
such as ethics. The NLS welcomes experienced attorneys
to attend meetings and share their knowledge with new
lawyers.
Our legislative committee is currently writing
counter-arguments to some proposed legislative changes
and voicing our support for others. Later this year, the
conference will convene. Proponents and opponents will
get a chance to debate in a formal setting similar to when
a debate occurs in Congress, only much more productive
and friendly. I have done this myself and it was a memorable and rewarding experience.
In partnership with the Law Library, we hosted
a legal clinic in April. Thank you to all of the volunteers
who showed up to contribute. We continue to reach out
to the public to educate and enrich our community. We
also have the People’s Law School where our lawyers get
to teach a class at Escondido’s Adult School regarding a
subject of their expertise. I have taught Family Law 101
for a few years and, personally, have found it rewarding,
as well as educational. You think you know something
until you have to teach a few hours of class on it. Then
you really figure out what you know!
Our sections are going strong and we continue to
work to provide better services to our members. If you
want to get involved, you should call or email the section
chairs. All contact information for committees and sections is in our directory and on our website. Or you can
just call Mary at our bar office at 760.758.5833 or email:
bansdc@northcountybar.org
Jeffrey Bledsoe Lacy
President
Sustaining Membership
You are encouraged to become one of our many Sustaining Members.To be a "Gold" or "Silver" Sustaining
Member, a member pays the regular dues for the appropriate category, plus an additional $250 or $100 per year.
These members are recognized with a certificate of appreciation. Also, a list of Sustaining Members is published
each month in the North County Lawyer Magazine and on the bar's web page at www.northocuntybar.org.
June 2013
5
Legal Reflections
James Talley
By Bill Kamenjarin
Who or what inspired you to become a lawyer?
Initially, the 1960’s television show Judd for the
Defense, starring Carl Betz. I was also inspired by my
experiences in high school speech class and debate competition thanks to my terrific high school speech teacher,
Jerry Thomas, who just happened to be a close friend of
legendary rock DJ, Kasey Kasem.
What is your idea of the perfect law practice?
Working with two wonderful and supportive law
partners for over 30 years, and three legal assistants who
have each worked for me for 20 years or more and enjoy a
mutual support relationship.
What is the quality you most admire in a lawyer?
The delicate combination of being able to deal
with adversaries civilly and candidly without betraying
their clients’ confidentiality.
What is the quality you least admire in a lawyer?
Lack of reasonable client control and personal
attacks on opposing lawyers based only on their clients'
claims and positions.
When are you the happiest?
When my clients and my staff assistants understand that my goal is to serve their best interests as well as
mine.
What makes you unhappy?
When clients, opposing counsel, or opposing parties make negative claims against me or my staff to cover
their own mistakes and dishonesty.
Which famous lawyer, actual or fictional, do you most
identify with?
I don’t identify with any famous fictional lawyers
because they are not reality-based, and virtually all of the
famous lawyers who I am familiar with have character
flaws that led to them becoming famous, none of which I
would want to emulate. The one lawyer who I can think of
in San Diego County whom I respect the most and would
emulate, if I had the talent to do so, is Browning Marean
of the law firm of DLA Piper.
What do you consider your greatest legal accomplishment?
Running a law practice in two distinctly different legal specialties - family law and workers’ compensation - for 41 years based almost completely on word-ofmouth advertising.
What have you learned from that?
That my dad was right; namely, that the harder I
work, the luckier I get!
What is a significant mistake from which you have
grown/learned as a lawyer?
That humility is not a bad thing. Specifically,
when you make a mistake, don’t be afraid to admit it but,
simultaneously, vow to learn from the mistake and make
sure you don’t repeat it.
If you had not become a lawyer, what would you have
done instead?
Because the sport of tennis was so instrumental in
my obtaining a bachelor’s degree via an athletic scholarship, I was tempted to take a pass on going to law school.
Specifically, I was tempted to become a school teacher so
that I could get off early in the afternoon and not work
summers which would have allowed me to continue my
passion for tennis. Fortunately, one of my mentors at the
tennis courts, Doc Singleton, kept reminding me of my
commitment to become a lawyer.
6
Continued on page 20
North County Lawyer
2013 New Lawyers Section: It’s Good For You!
It's a great opportunity to get out and socialize with fellow attorneys in a fun and causal setting!
Join the North County Bar Association’s newest section designed for new lawyers!
Evening social events and lunch-hour MCLE meetings are balanced to help you achieve your personal goals
Mixer
Thursday, June 13, 2013
at 5:30 p.m. - 7:00 p.m. at the
Mother Earth Brewing Co.
206 Main Street, Vista 92084
Casey Ames
Drop by; we look forward to meeting you!
Hosted by John Donnoe
John Donnoe
If you have questions, please feel free to contact either Casey Ames: casey@toothacreameslaw.com,
(760) 440-9998, or John Donnoe: jdonnoe@donnoelaw.com, (858) 201-9030.
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June 2013
7
CURBING ABUSE OF
THE UNRUH CIVIL RIGHTS ACT
By Lawrence G. Campitiello
T
he Unruh Civil Rights Act (“UCRA”) codifies,
among other things, fundamental rights for disabled individuals. (Civil Code §51 et seq.) The
liberties protected include the right to have full
and equal access to privately operated facilities that are open to the general public. The legislation is
designed to promote the removal of physical barriers encountered by disabled persons that limit their access to,
and enjoyment of, public places such as restaurants, bars,
golf courses, movie theaters, retail stores, hotels, and office buildings.
The purpose and spirit of this directive is important to all of us, particularly as our population ages. Unfortunately however, some have employed the UCRA for
personal financial gain, rather than the advancement of
civil rights. A minority group of “professional plaintiffs”
and the lawyers who assist them have exploited the law to
create a cottage industry designed to extort monetary settlements from business owners. Some of those plaintiffs
have literally filed dozens of lawsuits and reaped thousands of dollars from unsuspecting retailers, and apartment and restaurant owners. Frequently, these suits are
based solely on a “drive-by” assessment of the location,
with the claimant never actually having suffered any damage or having personally encountered an access impediment. While these unscrupulous plaintiffs often promote
themselves as advocates for the rights of disabled citizens,
their true motivation is typically to leverage a quick payday rather than secure the removal of access barriers.
In an effort to curb this abuse, the California legislature has enacted a number of changes to the UCRA,
most of which became effective in late 2012. If you represent business or property owners, or if you represent an
individual who has been the legitimate victim of construction-related accessibility discrimination, you should be
aware of the following:
I. Potential Pitfalls of Pre-Litigation Demand Letters
Attorneys may no longer include a demand for
money, or an offer or agreement to accept money, in a
pre-litigation demand letter directed to a building owner
or tenant that asserts a construction-related accessibility
violation. (Civil Code §55.31(b).)
Any such demand letter must include facts suf-
ficient to allow a reasonable person to identify the basis
of the alleged violation, including an explanation of the
specific access barrier the individual encountered, and the
date of each particular occasion on which the barrier was
encountered. (Civil Code §55.31(a).) The demand letter
must also be accompanied by a written “advisory” (in a
form delineated by statute) that sets forth in detail the recipient’s legal rights. (Civil Code §55.3(b).)
An attorney making a pre-litigation demand in a
case of this type must simultaneously provide a copy of
the demand letter to the State Bar of California, in order
that the State Bar may determine whether the demand letter complies with legal requirements. The attorney must
also send a copy of the demand letter to the California
Commission on Disability Access. (Civil Code §55.32(a).)
An attorney who distributes a demand letter that does not
comply with applicable law may be subject to discipline
by the State Bar. (Civil Code §§55.31(d) & 55.32(c).)
It should be noted that these recent legislative
changes only apply to pre-litigation demand letters sent
by attorneys. Also, there is no requirement that a party
send a demand letter prior to proceeding with a lawsuit
alleging a construction-related accessibility claim. (Civil
Code §55.3(d).)
II. Mandatory Advisory Notice Must Now Accompany
Summons
An attorney who serves a complaint that includes
a construction-related accessibility claim must send a
copy of the complaint to the California Commission on
8
Continued on page 24
North County Lawyer
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9
The No-Notice Unlawful Detainer
By Nathan Low
I
have represented many real property owners who,
for the first time in their careers, have needed to
remove a residential occupant. Logic collides with
law when they tell me: “They didn’t pay, so why
can’t I just move their stuff to the front yard and change
the locks?” But, as strict as California eviction law is,
other property owners actually go too far the other way
thinking a written notice is prerequisite to every unlawful detainer action. Let me first set the general context for
a residential unlawful detainer, and then point out when
unlawful detainer can be commenced with no prior notice.
Because commercial unlawful detainer requirements are
left more to contract, they are not treated here.
Do Not Try Self-Help
The first rule: do not resort to self-help. Anyone
in actual and peaceful possession of real property–even
without a right to possession–can sue a property owner
for forcible entry (CCP §1159) or forcible detainer (CCP
§1160). These arise when the owner retakes possession by
violence, threat, or even peaceable means, and turns out or
refuses entry to the occupant. Maintaining peace requires
that actual possession not be disturbed except by legal
process. I explain to my clients that only law enforcement
can physically remove an uncooperative occupant; they
will act only with a court order; and unlawful detainer is
the quickest means to get a court order.
Unlawful Detainer
“Unlawful Detainer” is defined in Code of Civil
Procedure sections §1161 et seq. In lay terms, it means
to remain in possession of real property after termination
of the right of possession. Unlawful detainer proceedings
are remarkably expedited, based on a public policy to preserve the peace while acknowledging the grave harm a
wilful tenant can cause. A defendant has only five days to
respond to summons. Trial must occur within 20 days after a proper request is filed. Circumstances for a continuance are limited. Cross-complaints are not allowed. And
though counterintuitive, title normally cannot not be litigated. The policy trade-off is that landlords must strictly
comply with the implementing statutes.
Notice
Terminating the tenant’s right of possession is
key to unlawful detainer. Code of Civil Procedure sec-
tion 1161 requires three-day notice of default and right
to cure a breach of the lease. Civil Code section 1946
requires a 30-day notice to terminate a periodic tenancy,
or 60-day notice if the tenant has occupied the premises
for more than one year. Code of Civil Procedure section
1161b now requires 90-day notice to terminate a tenancy
following foreclosure. Civil Code section 1953 makes a
tenant’s right to notice unwaivable.
But, no notice is required as to employees,
agents, licensees, tenants at sufferance, or deceased tenants.
Types of Occupancy
Because different notice requirements apply, it is
helpful to review the differences between tenancy at will,
tenancy at sufferance, and license.
A tenancy is an estate in land. It carries a right
of exclusive possession. A tenant at will has possession with the landlord’s consent and, therefore, a lawful occupant. A tenant at sufferance does not have the
landlord’s consent and can be deemed a trespasser. The
typical holdover tenant exemplifies the difference. During the lease term, the tenant is a tenant at will, having
the landlord’s consent. But, by holding over after lease
expiration without consent, he becomes a tenant at sufferance. But he is restored to tenant-at-will status if the
landlord allows him to remain with or without payment
of rent. Consent, not rent, is the key.
A license is not a tenancy. It is a personal, revocable and generally nonassignable privilege given orally
or in writing to do something upon land. It is not an estate
10
North County Lawyer
Join - NCBA Listserves
in land or a possessory interest. A licensor can enter any
part of the premises at will while a landlord’s right of entry
is limited by a tenant’s right of quiet enjoyment.
The difference between license and tenancy can be
highlighted this way: a licensee has the owner’s consent, so
he is not a tenant at sufferance; but, lacking exclusive possession, he is not a tenant at will. Examples of licensees may
include adult children and guests.
Section 1161 subpart 1 authorizes unlawful detainer
proceedings for all kinds of occupancy, but requires notice
only as to tenancies at will which, admittedly, is by far the
most common circumstances. Therefore, for all the other
species of relationships, no notice is required. These include
where the occupant has possession because of his employment (e.g., the apartment manager or personal attendant has
on-site living quarters); or is merely a licensee (e.g., an adult
son or daughter or comes to visit and refuses to leave); or
is a tenant at sufferance (e.g., the tenant holding over after
expiration of a fixed-term lease without landlord consent).
Lastly, Civil Code section 1934 terminates a deceased tenant’s right of possession automatically. Of course,
the objective of an unlawful detainer action here would be
to remove all occupants holding under the deceased tenant.
In closing, property owners must be careful to comply with statutory hurdles for residential unlawful detainers,
but need not create new ones. Although the large majority
of circumstances require pre-lawsuit notice to terminate the
right of possession, some do not, and counsel can help clients expedite a necessary eviction where no prior notice is
required.
What is a Listserv?
A Listserv is an e-mail discussion group. Members of
the group can easily come together to discuss a topic of
shared interest as well as exchange information and expertise. The NCBA operates three (3) Listservs discussion groups in the fields of family law, trust/estates and
general civil litigation.
Who can join?
Membership in any of the groups is open to all members
of the North County Bar Association.
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
Nathan Low can be reached at 760.747.7800.
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June 2013
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JUDGE PRO TEM S.D. SUPERIOR COURT
MEMBER N.C.R.C. INSURANCE MEDIATION PANEL
MEDIATED OVER 4,000 CASES
ARBITRATED OVER 1,000 CASES
11
NORTH COUNTY’S TEMPORARY
RESTRAINING ORDER CLINIC
“Bridging the Gap between the Legal Community and Pro Per Litigants”
By Anastasia Ganatsios
F
amily law attorneys are certainly familiar with
Family Court Services and likely familiar with
the Family Law Facilitator’s Office, but many
do not know that there is a Domestic Violence
Restraining Order Clinic on the Vista Court campus that
offers legal services free of charge to the public.
The San Diego Volunteer Lawyer Program (SDVLP) is a private, non-profit organization that serves all
of San Diego County offering vital legal services to the
indigent, elderly, and legally underserved population of
San Diego County. North County is fortunate that SDVLP provides the community with a free, walk-in clinic to
assist pro per litigants in matters concerning civil harassment, domestic violence, elder abuse, and sexual abuse.
This important resource is led by staff attorney
Laura Handler who has managed the clinic since 2007.
Ms. Handler and her legal assistant, Michele White, manage approximately 210 walk-ins per month with an annual volume reaching 2,500 plus and growing. In order
to effectively run a clinic that handles this volume of litigants, the clinic needs 3-6 volunteers per day to staff the
office. Volunteers consist of attorneys, retired legal professionals, law students, and paralegals.
Ms. Handler describes the clinic’s mission as
follows: “To provide advocacy, legal services, and referrals to victims of sexual abuse, elder abuse, domestic
violence, and civil harassment.” This mission is realized
each day as help is provided to numerous pro per litigants
lining the hallway outside the clinic, hoping to change
their lives in meaningful ways. In each case, a volunteer
will meet privately with a litigant and conduct an intake
to determine whether she/he will qualify for services and
if the court can provide the desired relief. If the answer is
“yes,” the volunteer will assist in preparing judicial council forms, drafting declarations, preparing evidence, and
coaching the litigant for the hearing. SDVLP staff and
volunteers generally do not represent litigants at the hearing for permanent relief. Litigants will proceed in pro per
or obtain referrals for legal representation. Once papers
are filed for qualified litigants, the clinic’s staff remains
available to assist with follow-up questions and further
court preparation.
12
Michele White, staff legal assistant and
Laura Handler, staff attorney
In some cases, litigants will require either different or more comprehensive services in which case SDVLP
staff will make referrals to Child Welfare Services, the
sheriff’s department, attorney referral services, or other
organizations that provide services better suited to the litigant’s needs.
The clinic provides valuable support to countless
people each year. Members of our North County community depend on SDVLP’s tireless and dedicated staff and
volunteers to continue the clinic’s mission.
For those looking for an opportunity to donate
their time to serving our community, Ms. Handler is accepting applications for new volunteers. Volunteers receive free training and valuable experience which they can
use to launch a career in family law or bolster an existing
resume. For those who simply want to give back to the
community, there is no more rewarding experience than
to have helped people regain control over their lives and
receive meaningful protection for themselves and their
families.
In addition to fielding questions about volunteering, Ms. Handler is an excellent resource for information
about domestic violence and related matters. She has
made presentations to Child Welfare Services, the NCBA
Family Law Section, and the North County Law Library.
If you have a need to make a referral or invite Ms. Handler
to speak to your group, she can be contacted at lhandler@
sdvlp.org.
The Domestic Violence Restraining Order Clinic
is located next to the Civil Business Office in the south
tower of the Vista Courthouse. Clinic hours for domestic violence and elder abuse matters are from 8:30 a.m. to
4:30 p.m. Monday through Friday, with civil harassment
matters handled on Monday, Wednesday and Friday from
8:30 a.m. to 12:30 p.m.
North County Lawyer
Mark A. Chambers
Attorney at Law
FEDERAL COURT
FELONY AND MISDEMEANOR REPRESENTATION
SUPERIOR COURT
FELONY AND MISDEMEANOR REPRESENTATION
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June 2013
13
Significant Indemnity and
Defense Relief for Subcontractors
By Debra H. Lewis, Co-Editor
B
eginning January 1, 2013, the California Legislature eased Subcontractor’s indemnity and defense
burdens in both private and public construction
projects. This is particularly good news for subcontractors who have been squeezed by onerous indemnification provisions during these hard economic times by
builders with a "take it or leave it" attitude. Here are some
of the important specifics.
1. No Indemnification or Defense in the face of
Active Negligence
Now, the general contractor, an upstream subcontractor or the owner cannot enforce the broad indemnity
clause that requires indemnity and costs of defense even
in the face of the indemnified person’s active negligence.
California Civil Code 2782.05(a) relieves that burden,
making any such clause void and unenforceable.
2. Scope of Work Should be Stated as Narrowly as Possible in the Contract
A subcontractor has no obligation to defend an
owner, general contractor, or upstream subcontractor until
and unless there is a tender of the claim. The tender must
include information that the claimant provided related to
the claims caused by the subcontractor’s scope of work. In
other words, there must be a connection between the claim
and the subcontractor’s promised performance.
3. Defense Costs Must be Allocated
The written tender must include an allocation of
defense fees and costs based on the claims alleged to be
caused by the subcontractor. The builder must allocate a
share to itself to the extent a claim is alleged to be caused
by its work, actions or omissions and a share to each subcontractor to the extent a claim is alleged to be caused by
the subcontractor’s work. California Civil Code section
2782.05(e)(2)
4. Subcontractor can Defend or Pay a Reasonably Allocated Defense Share
No later than 90 days after receipt of the written
tender, a subcontractor notify the builder that the subcontractor has elected to maintain control of the defense with
counsel of its own choice. The defense must be a complete
defense to the extent alleged to be caused by the subcon-
tractor, including any vicarious liability claims resulting
from the subcontractor’s scope of work. The complete
defense does not include claims resulting from any other
party’s scope of work, actions or omissions. Civil Code
section 2782.05(e)(1). Alternatively, the subcontractor
can pay a reasonably allocated share of the builder or
general contractor’s defense fees and costs. Civil Code
section 2782.05(e)(2)
5. Subcontractor Can Ask for Reallocation of
Defense Fees and Costs
A subcontractor has the right to ask for a reallocation of the defense fees and costs, which must be done
by the builder or general contractor within 30 days of final resolution of the claim. If the time frame is not met,
the subcontractor can pursue a claim for damages with
interest at 2% per month. California Civil Code section
2782.05(f).
6. No Circumventing by Choosing Different
State’s Law
Any attempt to put a different state’s law into the
contract to avoid this new law will not work. The law
specifically states that no matter what choice-of-law rules
are in the contract, California law applies. Any waiver is
contrary to public policy is void and unenforceable. California Civil Law section 2782.05(c) and (d)
This new law does not apply to design professionals.
Debra Lewis practices business and tax law with her
daughter Sara Compton. Their firm is INC. Legal, APC
located in Carlsbad. She can be reached at
debra@inclegalattorneys.com or 760.931.4742.
The website is www.inclegalattorneys.com.
14
North County Lawyer
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15
Injuries to Children in
California
By Russell Kohn
I
njuries to children (aka minors) present many special
legal issues and requirements that differ from cases
involving adults. This article addresses some of the
unique issues involved in claims for injury to minors.
Generally, due to their active daily routine, children are
more susceptible to injuries than the average adult. It is
very important to have an attorney involved in cases pertaining to children because these cases usually cannot be
settled without petitioning the court for approval of the
settlement.
Liability Issues in Children’s Injury Claims
Children are not held to the same legal standards
of behavior as adults for determining negligence. Whereas an adult is held to the standard of an ordinary reasonable person, a child is only required to use the amount
of care that a reasonably careful child of the same age,
intelligence, knowledge, and experience would use in that
same situation. See CACI 402. Also see Daun v. Truax
(1961) 56 Cal. 2d 647, 654, 16 Cal. Rptr. 351, 365 P.2d
407, and Cummings v. County of Los Angeles (1961) 56
Cal.2d 258, 263, 14 Cal. Rptr. 668, 363 P.2d 900.
It should be noted that children under the age of
five are incapable of committing negligence as a matter of
law. Christian v. Goodwin (1961) 188 Cal. App.2d 650,
655, 10 Cal.Rptr. 507.
Court Proceeding Issues in Children’s Injury Claims
In California, minors can only enforce their legal
rights in a civil case through a guardian ad litem. A guardian ad litem is an adult who the court appoints to pursue a
civil case on behalf of a child. The guardian ad litem is a
"guardian" of the child’s rights. Most often, the court appoints the child’s parent as the guardian ad litem.
California has unique laws relating to time limits
to file civil actions for minors. In most cases, the statute
of limitations clock starts when the child reaches 18. This
means, for example, that a child injured in a traffic collision could wait until two years after his or her 18th birthday to begin an action (CCP §352). There are many exceptions to this general rule that shorten the time limit to
file a lawsuit such as in cases for medical malpractice and
cases against government entities. Therefore, it is wise to
promptly consult with an attorney knowledgeable about
claims for injuries to children.
There are numerous special time limits on children’s claims currently in effect. For example, when a
child is injured before or at the time of birth, the lawsuit
(other than medical malpractice suits) must be filed within
six years of birth (CCP §340.4). A minor’s medical malpractice lawsuit must be initiated within three years of the
act of malpractice, or within one year after the parents discovered, or should have discovered, the injury unless the
child is under six years old. If the child is under six, the
lawsuit must be initiated within three years or prior to the
child’s eighth birthday, whichever period is longer (CCP
§340.5). Lawsuits alleging child sexual abuse generally
can be brought until the person is 26 years old or until
three years have passed since the person discovered, or
could have reasonably discovered, that his or her injuries
were related to sexual abuse, whichever period is longer.
(CCP § 340.1)
Interestingly, the courts must give preference in
trial setting to litigants who are under the age of 14. As
stated in Code of Civil Procedure section 36(b), “A civil
action to recover damages for wrongful death or personal
injury shall be entitled to preference upon the motion of
any party to the action who is under the age of 14 years
unless the court finds that the party does not have a substantial interest in the case as a whole.” This statute
makes it mandatory to give trial preference. See Peters
16
North County Lawyer
v. Superior Court (1989) 212 Cal.App.3d 218, 223-224,
260 Cal.Rptr. 426. The court must set the case for trial
within 120 days after the motion for preference is granted. The policy reasoning behind mandatory trial setting
preference for minors is to ensure timely access to courts
by children under 14 who have suffered personal injury
or parent death. See Peters v. Superior Court, supra, 212
Cal.App.3d at p.226.
Settlement Issues in Children’s Injury Claims
In California, a judge must usually approve the
settlement of any child’s claim. If the child does not have
assets over $5,000, including the settlement payment,
then the law allows payment of the settlement funds to
the child’s parents or legal guardian. Most insurance
companies will insist on court approval if the gross settlement amount exceeds $5,000 even if the child’s net
recovery is less than $5,000 after reductions for attorney
fees, costs, and medical expenses.
To obtain court approval of a settlement of a
child’s claim, a lengthy, detailed petition must be filed
with the court. Then, a hearing is usually held before
a superior court judge at which the child and the child’s
parent or guardian must appear. The judge must determine that the settlement, as well as the distribution of the
proceeds, is in the best interests of the child. The judge
will usually require that the settlement proceeds be held
in trust for the child until after the child reaches 18 years
old. This is usually accomplished by placing the funds
into a blocked bank account. Some larger settlements are
placed with an annuity company to pay out after the child
turns 18 in order to achieve a higher rate of return on the
funds, and to provide for a specific payout stream. If the
preservation of government benefits such as Medicaid is
important, the consideration should be given to placing
the settlement funds into a special needs trust.
A child’s injury claim involves many unique and
sometimes complex issues. It is always a good idea to
consult an attorney who is experienced in handling child
injury claims.
Russell Kohn can be reached at 760.721.8182
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April Dinner Highlights
A special thanks to Mike Bosworth for his presentation on "Story Seekers For Lawyers:
What Great Rainmakers Do - Using the Power of Story to Make Rain."
Also, a thank-you to all in attendance. David Branfman and Mike Bosworth
Brandon Miller, Gregory Lievers, and Judge Robert Dahlquist
Matthew Cristiano & Kurt Weiser
18
Jack Bucci & Rafael Acosta
Judge David Moon, Ret. & Jeffrey Lacy
David Dekker & James Lund
North County Lawyer
Wm. Lionel Halsey & Russell Kohn
Sue Loftin & Rene Leakakos
Ikuko Sano & Melissa Bustarde
Matthew & Jenny Verduzco
Susan Gorman, Larry Campitiello, and Laura D'Auri
Ira Carlin & Silvina Tondini
June 2013
19
Legal Reflections
James Talley
Continued from page 6
What would you advise new lawyers?
Find an experienced lawyer to connect with, either as an associate, employer, or simply as a mentor. The
most troubling problem I see with new lawyers is their
lack of any contact with an experienced lawyer or lawyers to guide them in their practice of law not only as to
lawyer skills and knowledge, but also professional ethics.
What is one piece of advice you wish someone had
given you as a new lawyer?
My reality is that the mentor lawyers who I turned
to for advice when I started as a new lawyer (Pete Johnson, Dick Ring, Bob Helm, and Dan Cronin, Sr.) gave me
great advice whenever I asked for it. Thus, I cannot think
of any critical advice that I was deprived of as a new lawyer.
How, have you - and the practice of law - changed over
the years?
When I started practicing law in 1972, lawyer
advertising was forbidden. In retrospect, I wished it had
never changed. Seeing attorneys advertising on the radio,
on television, and on the covers of telephone books distresses me greatly. I became a lawyer because I wanted to
be a professional, not a huckster trying to sell myself with
false claims. Lawyer advertising is out of control, which I
find both depressing and unprofessional.
What do you like to do when you are not working?
I am a pysmatic philologist, namely an obsessively inquisitive English language wordsmith. I love to
write about the English language which was the inspiration for my State Bar Board of Legal Specialization Digest
Column, Lex Lingua. I am also obsessive about tackling
the "word jumble" in each morning’s edition of the North
County Times as well as being a devotee of the History
Channel and the Bill O'Reilly Show on cablevision. Dancing and traveling the world with my wife are also very
important non-work activities.
How would you like to remembered?
That I worked hard and honestly, and was absolutely devoted to my wife, my two children, my law partners and staff members in ways that were not apparent at
the time, but they realized later, not because of what I said,
but what I did.
20
North County Lawyer
POST-CONVICTION legal matters
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M.S. Forensic Psychology
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#crimpro
By Eric P. Ganci
New for Criminal Procedure this Month
'toll' and dispute what the phrase 'toll the running of the
probation period' means per Penal Code 1203.4(a). The
Court finds "toll" to be ambiguous, and "the most common understanding of the term 'toll' in a legal context is
'to stop the running of; to abate.'" And the court rejects
that it means "to extend."
Recap on the recent Confrontation cases:
In case you missed out on the Confrontation fun
with the US Supreme Court holding of Williams, and
the subsequent California Supreme and Appellate Court
cases, the April 22 decision of People v. Barba (2013
DJDAR 5131) gives a nice recap of all the cases (which
in California started with Lopez, Dungo, and Rutterschmidt), facts, and holdings. Plus, it's always nice to
see the word "tasseomancy" used in a decision.
The main points: 1) to be testimonial, the outof-court statement must have been made with some degree of formality or solemnity, and 2) an out-of-court
statement is testimonial only if its primary purpose pertains in some fashion to a criminal prosecution.
Blood draws require a warrant?
On April 17, the US Supreme Court decided
Missouri v. McNeely (2013 DJDAR 4918). While it
was a big decision, it really is the exact same decision
as Schmerber v. California (1966) 384 U. S. 757. The
People were requesting an overall exception to Search
and Seizure for a DUI blood draw for exigency because
of the changing/dissipating blood level. The court says
no, and will continue on a case-by-case basis.
What does "toll" mean? People v. Leiva (4/8/13):
On April 8, the California Supreme Court decided People v. Leiva (2013 DJDAR) to determine what
constitutes the plain, commonsense meaning of the word
Conflict between Appellate Courts and Realignment
Act:
We’re seeing disagreement among the California Courts of Appeal on Realignment. On April 10, the
Court of Appeals decided People v. Kelly (2013 DJDAR
4653) which disagrees with the October 2, 2012 decision
of People v. Clytus (2012) 209 Cal.App.4th 1001. The
issue here: when does a Court impose a sentence? Kelly’s answer: "sentenced" per Realignment means the day
the punishment is imposed--the day it leaves the Judge's
lips.
How to define "loss” in a criminal case:
People v. Evans (2013 DJDAR 4558) from April
9 comes out of Judge Parsky's Department, downtown
San Diego. The decision: whether 'loss' as used in the
statute is limited to property loss or includes other economic losses, such as lost income or profits. The court
finds "loss" means "the value of the property taken, damaged, or destroyed, and not other types of economic losses suffered by the victim.
Eric P. Ganci, DUI Trial Lawyer
GALENTE GANCI, APC
110 West C Street, Suite 712
San Diego, California 92101
T: 619-241-2111
22
North County Lawyer
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June 2013
23
CURBING ABUSE OF
THE UNRUH CIVIL RIGHTS ACT
Continued from page 8
Disability Access within five days of service. (Civil Code
§55.32(b).) Failure to do so may subject the attorney to
State Bar discipline. (Civil Code §55.32(c).)
Additionally, attorneys who cause a summons
and complaint to be served in a construction-related accessibility case must also now cause the defendant to be
served at the same time with a written “advisory” (form
provided by statute) that informs the defendant in detail of
legal rights, including:
• the right to request a stay of the proceedings
and an early evaluation conference under
certain circumstances; and
• the defendant’s ability to possibly reduce
exposure to minimum statutory damages by
taking timely action to remedy alleged
construction-related accessibility violations.
(Civil Code §55.54.)
III. The Defendant’s Opportunity to Reduce Exposure to Statutory Damages
The UCRA provides for the recovery of actual
damages (which can be trebled), as well as attorney’s fees.
It also provides for the recovery of statutory damages in
the minimum amount of $4,000 for each offense. (Civil
Code §52(a).) However, statutory damages may now only
be recovered for a violation of a construction-related accessibility standard if the plaintiff personally encountered
the violation on a particular occasion and was actually deterred from accessing the place of public accommodation.
(Civil Code §55.56.)
Also, defendants can now reduce their potential
exposure to statutory damages by having their property
inspected by a Certified Access Specialist (“CASp”). The
$4,000 minimum award can be reduced to $1,000 if the
property owner: (1) had the property inspected by a CASp
before any lawsuit was filed; (b) the owner can show it
either completed the modifications recommended by the
CASp, or was in the process of taking reasonable steps
to complete the recommended modifications, prior to the
date the plaintiff was allegedly denied equal access; and
(c) the owner can demonstrate that all modifications recommended by the CASp were completed within 60 days
of being served with the complaint. (Civil Code §55.56.)
Even a defendant who has not had its property
inspected by a CASp before the lawsuit was filed can still
reduce its exposure to minimum statutory damages from
$4,000 to $2,000 by: (1) having the property inspected
by a CASp post-filing and completing all recommended
modifications within 30 days of being served with the
complaint; and (2) demonstrating that it is a “small business,” defined as having 25 or fewer employees on average over the last 3 years, and with average annual gross
receipts of less than $3.5 million over the last 3 years.
(Civil Code §55.56.)
IV. The Defendant’s Ability to Request a Mandatory
Evaluation Conference
Defendants who do not qualify for an early evaluation conference under Civil Code §55.54, or who elect
not to employ that procedure, may nonetheless request a
mandatory evaluation conference pursuant to Civil Code
§55.545. Like the early evaluation conference, the mandatory evaluation conference is designed to minimize the
legal proceedings and promote resolution of the claim.
The plaintiff also has the right to request a mandatory
evaluation conference if the defendant fails to do so.
(Civil Code §55.545(a).)
V. Special Notice Requirement for Commercial Landlords
Although not part of the UCRA, related legislation also now requires that every commercial lessor disclose in each lease form executed on or after July 1, 2013
whether the property being leased has undergone inspection by a CASp and, if so, whether the property has or has
not been determined to meet all applicable constructionrelated accessibility standards. (Civil Code §1938.)
These changes in the law will hopefully serve to
reduce the monetary incentive for greedy individuals to
file bogus lawsuits, and promote instead the true legislative purpose of removing barriers to accessibility.
Lawrence G. Campitiello can be reached at
619.595.3208
Sullivan Hill Lewin Rez & Engel
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24
North County Lawyer
Letters to
the Editor
Ordas Dispute Resolution
Complex Disputes + Creative Solutions = Resolution
Patience, persistence and pru
North County Lawyer is soliciting
“Letters to the Editor” for a new column in our
magazine.
We welcome well-written, timely comments on
subjects of interest to the general legal community.
Opposing opinions or rebuttals will also be welcome.
Send to: bansdc@northcountybar.org or mail to
North County Bar, P.O. Box 2381, Vista CA 92085
dence are more than an alliteration, they are part of a skills set
for the resolution of your dispute.
Dale E. Ordas
Mediator - Arbitrator - SB #38140
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300 Carlsbad Village Dr., Ste 108A
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(760) 434-1543.
Cover in Solana Beach. Perfect set up for a
solo attorney or business professional with VISTA OFFICES: Executive Suites to
opportunity (degree of support entirely op- 1,400 sq. ft. Very easy access to HWY 78.
tional/negotiable) to take advantage of full View of courthouse and valley. Lobbystaff, including receptionist, legal assistant Kitchen-conference room.
and/or paralegal. Please contact Sarah at (760) 275-6024.
Blumberg Law Group at (858) 509-0600 to
SHARE CARLSBAD VILLAGE
schedule a time to view the office and its
OFFICE with personal injury attorney,
facilities.
Private Office, conference room, shared
kitchen, copy machine, fax. Month to
Month. Call Simon Mikhael at
(760) 720-2555.
Protect Your Most
Valuable Asset
Your Ability to Earn a Living
North County Bar Member Benefit
Approved Disability Income Policy
Permanent Discounts
Financial Concepts
Insurance & Financial Services
John D. Pivirotto– President
CA Insurance Lic. #: 0699308
FOR SALE - 30 year Estate
Planning, Trust, Probate and Elder
Law practice. Turn key operation.
Terms available. (760) 522-3238.
CARLSBAD - THE TOWERS AT
BRESSI RANCH - Two nice offices with
secretarial bay in attorney suite for rent.
Large and small conference rooms, kitchenette, good parking, utilities, internet, phone
system. Rent negotiable. 6104 Innovation
Way, 92009. Call Edward Ballard at
(760) 602-3363, Ext. 106.
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.
DOWNTOWN ESCONDIDO 2 OFFICES AVAILABLE - 1st Office Space
is - $975/mo. Suite includes 12'x16' office
with separate 8'x9' secretarial space.
2nd Office Space is $900/mo. Suite includes
12'x 16' office, (with optional separate 8'x9'
secretarial space - rent negotiable).
Available now. Amenities include:
* Monitored security system,
* Merlin telephones w/voice mail,
* Free off street parking, utilities, and janitorial services (twice weekly),
* Front lobby receptionist, notary services,
spacious waiting room w/antique furniture,
* Large conference room, coffee/tea, microwave, refrigerator w/ice maker
* And much more.
* Copy, postage and fax machines also
available.
Well maintained building with long term
tenants. These suites will go fast, please
call to reserve your showing before they
are gone.
Please contact Debbie or Frank at
760-745-1484. If responding by e-mail
please put Office Space Available in the
subject line.
OFFICES -Two ocean view offices for
sublease in suite with conference room in
Del Mar. $1,500 per month each. Contact
Tom Vance at (858) 793-0040 or
tom@vanceblair.com
Call Now: 650–348-1880
26
North County Lawyer
Education Calendar
TRUSTS & ESTATES LAW
DATE/TIME: Wednesday 06/12 7:30 a.m.
PLACE: IHOP, 78 & Sycamore
TOPIC: Fiduciary Licensing The Complaint Process
SPEAKER: Marguerite Lorenz , CTFA CLPF
INFO: Mary Cataldo (760) 931-9700 and
Paul Smith (760) 724-5684
MCLE CREDIT HOURS: 1.0 General
ADR/CIVIL LAW
Joint Section Meeting
DATE/TIME: Wednesday 06/19 12:00 noon
PLACE: Bar Office (249 S. Indiana Avenue; Vista, CA)
TOPIC: What Lawyers Need to Know About PTACA
"The Patient Proctection and Affordable Care Act"
SEAKER: Martha Ann Knutsen, Esq.
INFO: Bill Kamenjarin (760) 729-0107 and
Susan Curran (760) 634-1229
MCLE CREDIT HOURS: 1.0 General
WORKERS’ COMP
DATE/TIME: Friday 6/21 12:00 noon
PLACE: Vista Village Pub
(224 Main Street; Vista, CA)
TOPIC: Spine Surgery Update
SPEAKERS: Dr. Kamshad Raiszadeh and
Dr. Ramin Raiszadeh
INFO: Michelle Bettis (760) 476-9990
MCLE CREDIT HOURS: 1.0 General
CIVIL LITIGATION
DATE/TIME: Tuesday 06/25 12:00 noon
PLACE: Bar Office (249 S. Indiana Avenue; Vista, CA)
TOPIC: 10 Most Common Employer Mistakes
SPEAKER: Douglas Clifford, Esq.
INFO: Susan Curran - (760) 634-1229
MCLE CREDIT HOURS: 1.0 General
PERSONAL INJURY
Lunch will be provided
DATE/TIME: Wednesday 06/26 12:00 noon
PLACE: Bar Office (249 S. Indiana Avenue; Vista, CA)
TOPIC: Why Not You as Judge or Politician?
SPEAKERS: Hon. Victor Ramirez (Superior Court Judge, Ret.)
Hon. Olga Diaz (Deputy Mayor of the City of Escondido)
Phil Hanneman (Director- Region 18 – San Diego
Democratic party)
INFO: Richard Duquette - (760) 730-0500
Lionel Halsey- (760) 494-7294
MCLE CREDIT HOURS: 1.0 General
June 2013
FAMILY LAW
DATE/TIME: Wednesday 6/26 12:00 noon
PLACE: Department 11- Vista Superior Court
(325 S. Melrose Avenue; Vista, CA)
TOPIC: TBA
SPEAKERS: TBA
INFO: Pierre Domercq (760) 434-3330
Anastasia Ganatsios (760) 201-9970
MCLE CREDIT HOURS: 1.0 General
INTELLECTUAL PROPERTY LAW
DATE/TIME: Thursday 06/27 12:00 noon
PLACE: Law Offices of Eric D. Morton, APC
(2173 Salk Ave., Ste. 250; Carlsbad; CA 92008)
TOPIC: TBA
SPEAKERS: TBA
INFO: Eric Morton - (760) 722-6582
MCLE CREDIT HOURS: 1.0 General
For Calendar Changes
Please visit us at
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.
Bench Conduct and Demeanor Training for
Temporary Judges/Settlement Conference
North County
Date: Friday, June 14, 2013
Registration: 1:00 p.m. – 1:30 p.m.
Time:
1:30 p.m. to 4:30 p.m.
Location: Vista Courthouse Jury Lounge
(325 S. Melrose Drive; Vista, CA
More information can be found on the court’s
website at:http://www.sdcourt.ca.gov/portal/page.
Please call or email me if you would like to reserve
a space for this class or if you have any questions.
Amber Scott at amber.scott@sdcourt.ca.gov
Phone - 619.450.7443
27
Bar Association of
Northern San Diego County
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
The North County Bar Association And
Lawyers Club-North County Chapter
cordially invites you to attend its
Bench & Bar Reception
Thursday, June 20, 2013
5:30 p.m. to 8:30 p.m. at
The Crossings in Carlsbad
5800 The Crossings Drive in Carlsbad
Highlights of the evening will include
the introduction of each judge in attendance by
Honorable Michael Kirkman
San Diego Superior Court Supervising Judge
in addition to the announcement of
Attorney of the Year by
Jeffrey Lacy, NCBA President
plus
Lawyer Referral Service
Presentation of the William R. Fletcher Award
“The Fletch Award”
Community Service Award
presented by
Lawyers Club-North County Chapter
Please join us and bring a friend!
Cost is $30.00 Includes Bountiful Buffet and Wine. 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.