18703_Barnotes 11/2/05 2:31 PM Page 1 VOLUME 12 • ISSUE 8 • NOVEMBER 2005 A Publication of the San Fernando Valley Bar Association In This Issue HUNDREDS GATHER FOR ANNUAL INSTALLATION GALA Photos by Scott Patrick President’s Message ..........................3 Message from LRIS Director ............5 Santa Clarita Valley Bar ....................7 Association Report from the Foundation ............9 SFVBA Reaches Out to Minority Bar Community ......................................11 Notice to Attorneys..........................12 Registered Domestic Partners Have Same Rights as Married Couples ....15 Classified Ads ..................................19 New Members ..................................20 Calendar of Events Page 23 More than two hundred and fifty members and friends of the Bar attended the San Fernando Valley Bar Association’s Annual Gala on September 24 at the Warner center Marriott to celebrate the installation of Richard A. Lewis as the SFVBA’s seventy-sixth President. Lewis and the SFVBA’s officers and trustees were sworn in by Senior U.S. District Judge Terry Hatter. State Bar President James Heiting and Kay Hodge, Chair of the ABA’s Commission on Racial and Ethnic Diversity, were guest speakers at the celebratory event. The evening also recognized the accomplishments of Immediate Past President Alice A. Salvo, who presented the President’s Award to Marlene Seltzer, Chair of the SFVBA’s Probate & Estate Planning Section and an associate in Salvo’s law offices. 18703_Barnotes 11/2/05 2 • Bar Notes 2:31 PM Page 2 www.sfvba.org LEWITT HACKMAN L EWITT, H ACKMAN, S HAPIRO, M ARSHALL, & H ARLAN a law corporation November 2005 18703_Barnotes 11/2/05 2:31 PM Page 3 November 2005 www.sfvba.org Bar Notes • 3 FOR THE PEOPLE SAN FERNANDO VALLEY BAR ASSOCIATION 21300 Oxnard Street, Suite 250 Woodland Hills, CA 91367 Phone (818) 227-0490 Fax (818) 227-0499 www.sfvba.org BOARD OF TRUSTEES President ..........................Richard Lewis President-Elect ............Patricia McCabe Secretary ..................Sue Bendavid-Arbiv Treasurer ..........................Tamila Jensen Past President ..................Alice A. Salvo Executive Director ..........Elizabeth Post TRUSTEES Seymour I. Amster Jonathan Arnold Caron Caines James E. Curry Robert Flagg David Gurnick Irene Mak Everett Meiners Mishawn Nolan Carolyn Reznik-Camras Myer J. Sankary Jan Frankel Schau Alan J. Sedley Jeffrey M. Slater STAFF LRIS Director ................Michele Morley LRIS Counselor ..................Gayle Linde LRIS Counselor ....................Rosita Soto Events Coordinator ..........Linda Temkin Administrative Asst ........Aileen Jimenez SECTION CHAIRS ADR..........................................Alan Saler Business Law ..............Stephen M. Levine Steven R. Fox Criminal Law ................Seymour Amster Alan Eisner Family Law..........................Keri Caetano Michelle Robins Intellectual Property, Entertainment and Internet Law ..............John Stephens Mishawn Nolan Litigation ............................Robert Flagg Jan Frankel Schau Cynthia Elkins New Lawyers ..................David Bobrosky Probate & Estate Planning ......................Wendy Hartmann Marlene Seltzer Small Firm and Sole Practitioner ..........Lisa Lerner Miller Workers’ Comp.............William Kropach Bar Notes is published 11 times a year. Articles, announcements, and advertisements are due by the first day of the month prior to the publication date. The articles in Bar Notes are written for general interest and are not meant to be relied upon as a substitute for independent research and independent verification of accuracy. Layout & Design Pre-press & Printing, Master Graphics Printing (818) 343-0500 © 2005 San Fernando Valley Bar Association This month we observe Veterans Days, and celebrate all those who gave their lives in defense of our nation and to protect our freedoms. However, I hope that as we take part in the various Veterans Day ceremonies, or watch the films that honor “our greatest generation” we remember the words of Abraham Lincoln, who stated in his Gettysburg Address, on November 19, 1863, “it is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us . . . that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion. . . .” I hope as we engage in our daily practices, we remember that through our advocacy and actions, we are advancing, in our own way, the cause that Lincoln spoke so eloquently of, “that government of the people . . . by the people . . . for the people . . . shall not perish from the earth.” When I was in college, my professors continuously stressed that we are a government of laws, not men. If that is so, lawyers are essential. In order for law to be more than an abstraction, law needs lawyers to breath life into it, to interpret it, apply it, and insure that it applies to all fairly. It seems, then, that as we strengthen the rule of law, we strengthen our government and ensure its survival, exactly what Lincoln implored us to do. As I celebrate Veterans Day and honor the many men and women who have given their “last measure of devotion” in defense of our country, our ideals and our freedoms, I shall also celebrate my fellow lawyers. Richard Lewis can be contacted at (818) 7040585 or rlewis@Richardlewis.com. SFVBA MEDIATOR DIRECTORY The San Fernando Valley Bar Association has an online Mediator Directory to help members and your clients find qualified mediators. To find an experienced mediator in all areas of law, visit www.sfvba.org/public/mediatordir.htm To be listed in the directory, attorney mediators can visit our website to download an application. P R O F E S S I O N A L R E A L E S TAT E S E RV I C E S • CH-13 Refinancing (Up to 85% of value). • CH-7 (1 day old) Purchase or Refinance. • 100% Financing with recent Bankruptcy. • Difficult Transactions? . . . . . . . . .No Problem! • Low credit scores? . . . . . . . . . . . .No Problem! • 6 Month old Foreclosure? . . . . . .No Problem! • Self Employed? No 1040s? . . . . .No Problem! Ivan Sanzana – President (661) 600-2007 www.sanmarinofinancial.com EQUAL OPPORTUNITY LENDER 18703_Barnotes 11/2/05 2:31 PM Page 4 4 • Bar Notes www.sfvba.org November 2005 MICHELMAN & ROBINSON, LLP a full service law firm Areas of Practice: • Banking and Premium Financing • Commercial and Employment Litigation • Corporate, Securities, and Business Transactions • Healthcare and Medical Law • Insurance Litigation/Coverage • Intellectual Property, Unfair Competition and Trade Secrets • Legislative and Administrative Advocacy • Real Estate and Commercial Leasing MICHELMAN ROBINSON, LLP ATTORNEYS AT LAW Los Angeles Office 15760 Ventura Blvd, Suite 500 Encino, California 91436 Tel: 818-783-5530 Fax: 818-783-5507 Orange County Office 4 Hutton Centre, Suite 300 Santa Ana, California 92707 Tel: 714-557-7990 Fax: 714-557-7991 www.mrllp.com 18703_Barnotes 11/2/05 2:31 PM Page 5 November 2005 This has been the best year in decades and possible the best year ever for the LRIS. Last month I spoke about some of the people who make this happen. Before I get to the cold numbers, I want to continue telling you about the people who create our success. Aileen is the Administrative Assistant for the SFVBA and she also does valuable work for the LRIS. She is the first person that many of the public and the attorneys speak with when they call. Anyone who has spoken with her knows that she cannot do enough for you. If you are an attorney, she will answer your questions, solve your problems, and do these things professionally. Her voice and her attitude readily convey that she is truly pleased to be given the opportunity to be of service. Because the LRIS has high volume of calls, she often is required to keep the calls juggled while callers are waiting to speak with Gayle or Rosie. She reassures callers that they will receive a returned call. She also explains that the calls are handled in the order in which they are received. She stays calm and charming while she answers a variety of questions, distributes MCLE tapes, schedules attorneys for VAST and greets the members and public. She provides good service to the public and the members. She willingly does the work that is asked of her. When Rosie is gone, Aileen and I work together to handle the emergency, Spanish-speaking referrals. The success we have is because of the qualities and skills of the panel attorneys. Howard Schnee is an excellent example. He is a member of the National Academy of Elder Law Attorneys. He has been with the Senior Program, helping seniors have access to legal counsel and answering their questions, since 1986. Twenty years of service is truly “staying the course.” Not surprisingly, Howard completed two LA marathons. The reason Howard volunteers at the senior centers is that he is committed to giving back to the community and improving the quality of life of seniors and the quantity of information they have about legal issues. For twelve years Howard coached his daughters’ soccer teams. This experience gave him time with his family and opportunities to teach and to learn. Talking with Howard, what comes through his is love of learning. He enjoys the law because it is fluid and changing www.sfvba.org which requires constant study. He told me that going to the senior center or meeting with any client was always a learning experience. He might have to do research on a new point of law, or develop a new approach to dealing with a client and their issues. He wants every client contact to be an opportunity to learn from each other. He believes in planning that prevents legal problems. Howard mentioned that he attends the Probate Section meetings because of the exchange of information and the congeniality that occurs at these meetings. Howard has a BA in history and economics and continues to read in these areas. If asked, he probably would explain the Laufer Curve and regal us with a story about a historical event or time. He is also a very good communicator and never hesitates to raise issues with me about ways to improve the Senior Program. We adopted one of his ideas this past year. The Senior Program and its clients are very fortunate to Bar Notes • 5 have Howard Schnee as a resource and as an example of a productive and giving way to live. The successful year is allowing us to increase our marketing budget and programs during the new fiscal year. We are also hiring a part-time person to help with Spanish speaking referrals. Number of referrals: 3068 Number of contacts for information and referrals: Over 10,000 Percentage fee income earned by members: $2,000,000 LRIS Net-Income: $73,406 Source of Referrals; Attorneys, Marketing, Other organizations and agencies, other professionals Top ten areas of practice for referrals: (This varies annually) Family, Personal Injury, Criminal, Employment and Wills, Estates, and Trusts, Workers’ Compensation, Real Estate, Family Law Limited Scope, Social Security, Business. 18703_Barnotes 11/2/05 6 • Bar Notes 2:31 PM Page 6 www.sfvba.org November 2005 18703_Barnotes 11/2/05 2:31 PM Page 7 November 2005 Celebrating the Rule of Law It is with great anticipation and enthusiasm that we begin the second year of our revitalized Santa Clarita Valley Bar Association. We do this, first of all, with enormous gratitude for the invaluable assistance so generously afforded us by your San Fernando Valley Bar Association. We look forward to continued association and cooperation toward the end of two stronger and more viable associations, which will continue to work together to serve our profession and communities. I am personally proud and excited to be the President of the SCVBA for this coming year. I only hope that I can continue the strong and effective leadership of our out-going President, L. Rob Werner, who had a vision, and made it happen in a most extraordinary way. We will continue to have monthly meetings affording MCLE credit, not only for the lawyers who work in our community, but also for those who merely live here and work in other parts of Southern California. We will continue to attempt regular meetings for the exchange of ideas, in various locations and at various times, in order to afford maximum participation from all who would like to participate, and despite the diverse schedules of those persons. We will continue to foster relationship and communication between ourselves and a very active and viable Antelope Valley Bar Association, and by facilitating a potential bridge between Antelope Valley and San Fernando Valley Associations. We will continue to work in our schools to provide purposive awareness of the legal profession among our young people, through participation in debating and mock trial activities. We will continue to try to find ways to channel those in need of legal advice to those willing to provide it, and commensurate with a variety of life’s circumstances. We will continue to www.sfvba.org Bar Notes • 7 BY WILLIAM R. LIVELY, SCVBA PRESIDENT encourage our members to become involved members of the San Fernando Valley Bar Association, as well as our own Association. We will continue to seek involvement with the diverse needs of our community, such that we may be appropriately involved in activities designed to meet those needs. As I write this, I have just returned from attending our Community’s first annual “Law Day” event. Our SCVBA organized this event to celebrate “The Rule of Law”, and the activities in pursuit of justice we share with the many law enforcement, governmental and other administrative bodies of our community at large. We were honored to have Steve Holzer and Alice Salvo of the SFVBA in attendance, as well as many of our local leaders, including our Mayor Pro-Tem, Laurene Weste; Assistant Fire Chief, Matt Gill; CHP Captain, Ellen Conley; and Deputy District Attorney, Dan Damon. We were most privileged to also have, as speakers and presenters of awards, Supervisor Michael Antonovich, District Attorney Steven Cooley and Sheriff Lee Baca. John Boston, our Community’s Historian and one of the editors of our newspaper, The Signal, served as Master of Ceremonies. It was a significant event for us and our Community, just as it has been a significant year for us, and we intend it to be just a beginning step in a long record of service to our profession and the people of our community. • TOXIC MOLD • ASBESTOS • HAZARDOUS WASTE • ENVIRONMENTAL LITIGATION/TRANSACTIONS STEPHEN T. HOLZER PAST PRESIDENT, SFVBA Please visit my weblog, “Environmental Legal Blogs” at http://environmentallegal.blogs.com/sholzer Phone: 818-222-5812 or 213-683-6671 E-mail: sholzer@pmcos.com or SteveH1031@aol.com 18703_Barnotes 11/2/05 8 • Bar Notes 2:31 PM Page 8 www.sfvba.org November 2005 At the recent State Bar of California meeting, Richard Block was recognized for his 30 years as a California Certified Specialist in Taxation Law and an instructor in that area of law. Currently, Richard is one of the approximately 600 Certified Specialists in Taxation Law. Richard Block has been a member of the LRIS since before we had LRIS members on computer records. He repeatedly refers his clients to the LRIS for matters outside his areas of practice. Family Law Attorney Irene Mak was one of three local women honored by Congresswoman Hilda Solis, Co-Chair of the Congressional Caucus for Women’s Issues, on October 13 for her commitment for ending domestic violence. Mak has assisted many domestic violence victims on a pro bono basis. The event coincided with October’s designation as National Domestic Violence Awareness Month. Mishawn Nolan, an Associate with the law offices of Greenberg & Bass, was named one of the San Fernando Valley Business Journal’s 40 Under 40, celebrating the professional achievements of 40 young business professionals all under the age of 40. Nolan’s specialty is intellectual property and she is a member of the SFVBA’s Board of Trustees. 18703_Barnotes 11/2/05 2:31 PM Page 9 November 2005 www.sfvba.org Bar Notes • 9 BY ANNE ADAMS, VCLF PRESIDENT There seems to be no shortage of charities that need our help. There will always be people that need a helping hand. In December, many charities send direct mail solicitations to our homes hoping we will be more generous with cash donations in the spirit of the holidays and focus on year-end tax deductions, such as charitable donations. Many people’s charitable giving has recently been focused on the victims of natural disasters, especially Hurricane Katrina. Many of us watched the news reports from the areas hit by Hurricane Katrina and felt some connection for the people who lost their homes, their personal possessions and sometimes friends and family members. As we watched the results of Hurricane Katrina on our televisions, many people opened their hearts and raised funds or donated food, clothing, and other items to help the victims of Hurricane Katrina start rebuilding their lives. Many local charities held special fundraising events to help the victims of Hurricane Katrina. Some people decided to help without going through formal charities. I saw a sign in my neighborhood asking for donations for a neighborhood garage sale for the purpose of donating the proceeds to the victims of Hurricane Katrina. After Hurricane Katrina, we heard about Hurricane Rita and the effects it had. Some of us were most affected by our local fires when friends and family members had to evacuate their homes under the threat of local fires from Chatsworth to Thousand Oaks. Since all of us are vulnerable to natural disasters, we tend to relate to the victims of these events since we know that our families could one day be victims of floods, earthquakes, fires, and other events. Many people choose to support health related charities that fight AIDS, cancer, diabetes, and many other illnesses. Many people support health related charities because they have friends or family members that suffer from these diseases. Who are the natural supporters of the charities that support providing legal services to people who cannot afford them? We are. People that work in the legal profession understand the impact that legal services organizations have on people’s lives. We understand how the law can make a significant impact on an individual’s life. The law is part of our everyday lives because we work in the field. Many people have little contact with the legal profession. Many of you perform pro bono work to help local legal services organizations. Consider supporting this legal foundation so we can continue to provide law–related grants. As members of the legal profession, we understand how important this work is to many people’s lives. Anne Adams can be contacted at (818) 715-0015 and anneadamslaw@sbcglobal.net. 18703_Barnotes 11/2/05 10 • Bar Notes 2:31 PM Page 10 www.sfvba.org November 2005 Attention All Lawyers Need Office Help? Receptionist • Legal Secretary ree our f orm e s U F isting e! Job L this issu e d insi ee! is Fr e c i v Ser Filing Clerk • Calendar Clerk Document Manager Copy/Mail Room Assistant Paralegal Here’s what our students and grads learn how to do: • Conduct legal research, legal analysis, case briefings, Shepardizing, and draft memorandums. • Draft civil litigation documents including complaints, answers, interrogatories, discovery, motion for summary judgment and prepare a trial notebook. • Administrative duties, document organization and calendaring. • Advanced skill training in civil litigation and transactional law in practicum setting. • Students endure over 400 hours of training in the Professional Paralegal Academy and over 150 hours in the Legal Secretary Academy. Depo and Conference Room Available Working in collaboration with the Universal City North Hollywood Chamber of Commerce, meeting space is available close to the 170 and 101 freeways. • Day & Evening Times • $135 (4 hours) or $250 (8 hours) • Seats up to 35 comfortably (tables and chairs) • Coffee and fax service available* • Electrical outlets and White Board • Ample free parking • Walking distance to restaurants, Starbucks, copying • Comfortable and confidential space For booking, please call Linda @ 818.508.5155 *minimal fee Los Angeles Valley College Extension 5800 5800 Fulton Avenue Valley Glen, California 91401 P: (818) 947-2320 F: (818) 947-2930 Email: Goldmaa@lavc.edu Web: www.lavc.edu 18703_Barnotes 11/2/05 2:31 PM Page 11 November 2005 www.sfvba.org One of the adopted goals of the SFVBA’s 2004-2007 Strategic Plan is to “increase outreach to the minority bar community to build stronger relationships that will increase the diversity of the profession of the San Fernando Valley.” The SFVBA has taken steps to reach this goal by developing joint programs with the Mexican American Bar Association (MABA). In June, the associations’ lawyer referral services initiated a one-year pilot program offering MABA LRIS members who are fluent in Spanish a free SFVBA LRIS membership. At its September 11, 2005 meeting, the SFVBA Board of Trustees voted to enter into discussions with MABA’s leadership concerning that bar association becoming an affiliate of the SFVBA. Recently, MABA requested our assistance to help revive their referral service to better meet the needs of the Spanish-speaking community. We are happy to oblige. Did you know that you could be sued for an inappropriate referral to a friend or colleague if things go badly between them? Have you ever wanted to refer a client to another attorney in an area of specialization that you don't practice but did not know anyone you could trust? You can safely refer a client to MABA LRIS without any risks since we are State Bar Certified and carry our own insurance to protect against inappropriate referrals. All of our attorneys must meet minimum standards of experience in order to participate in referral panels. Bar Notes • 11 Contact our administrator Silvia Morgan so that she can send you MABA LRIS brochures. You can keep them in your waiting room or in your office to hand to clients needing referrals to areas of law you do not practice. Let's help each other to network amongst our own community of Talented and Experienced Latino Attorneys!!! By the way, we are still in need of more attorneys to whom to refer cases in the following areas: Bankruptcy & Insolvency; Business; Civil Appellate; Entertainment; Environmental; Insurance; Intellectual Property; International; Labor & Employment; Landlord/Tenant; Real Property; Taxation; Wills, Trusts, & Estates; Workers Compensation. Sign up for MABA LRIS!!! Contact Silvia for more information at (213) 481-2889 or mabalaco@sbcglobal.net. Messenger Service Discounts to SFVBA Members 24th Year of Service to the San Fernando Valley/Southern California Legal Community Probat eal E stat es atee & Tr ust R Real Estat statee Se Serr v ic ices We have the expert skills needed to complete all processes involved in the sale of probate and trust properties. From start to finish...our services are personalized to your needs. In this real estate market we have unsurpassed skills and experience to maximize the estate value. Toby Salkin & Sue Drazen Thorough, Conscientious and Professional d 818.657.4475 c 818.585.6484 • Noon Court Run - same day filing in all So. Cal. Courts • Process Serving Per Your Exact Specifications • Last Minute Court Filings in All Southern California Courts • Mobile Notary • Custom Courier Routes • Regular, Rush and Hot Rush • Licensed/Bonded/Insured Uniformed Messengers (818) 774-9111 • (323) 851-7500 (310) 273-3002 • (805) 777-7170 “We Don’t Promise Anything We Can’t Deliver” 18703_Barnotes 11/2/05 2:32 PM Page 12 12 • Bar Notes www.sfvba.org November 2005 UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA PUBLIC NOTICES Local Bankruptcy Rules and Forms Effective October 17, 2005 Revisions to the Local Bankruptcy Rules and forms for the Central District of California Bankruptcy Court have been approved and become effective October 17, 2005. The following outlines the Local Bankruptcy Rule and forms that have been revised or added to accommodate the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. • Local Bankruptcy Rule 1006-1 Application for Payment of Filing Fees in Installments and/or Waiver of Filing Fee was revised to add a procedure for an application to waive the filing fee for a voluntary petition, and change the procedure for an application to pay the voluntary petition filing fee in installments. • Nine mandatory Local Bankruptcy Rule forms for Relief from Stay were revised or added as indicated in the table below. The Local Bankruptcy Rules and Forms are located on the Court’s web site www.cacb.uscourts.gov under Procedures/Rules/Forms. New Local Bankruptcy Rule Printed copies of the Local Bankruptcy Rules and forms will be available for purchase from the copy services at the Los Angeles, Riverside, Santa Ana, and San Fernando Valley divisions, and from the Clerk’s Office in the Northern Division. BAR NOTES wants YOU to contribute by-lined, substantive articles in any practice area Deadlines: Requirements: • • • • • 1,000 words California-style cites No footnotes or endnotes 3d-person voice 3-line biography at the end of the piece • • • • • • • • • • December 1 for February issue January 1 for March issue February 1 for April issue March 1 for May issue April 1 for June issue May 1 for combined July/August Summer issue July 1 for September issue August 1 for October issue September 1 for November issue October 1 for December issue Questions? E-mail Lisa Miller at lisa@lmillerconsulting.com 18703_Barnotes 11/2/05 2:32 PM Page 13 November 2005 www.sfvba.org Bar Notes • 13 Additional Local Bankruptcy Rules Forms Effective October 17, 2005 Revisions to the Local Bankruptcy Rules forms, for the Central District of California Bankruptcy Court, have been approved and become effective October 17, 2005. The forms listed below are in addition to those announced by Public Notice 05-014 on October 6, 2005. These forms accommodate the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Additional Fee Changes Effective October 17, 2005 The following additional bankruptcy fee changes become effective on October 17, 2005, as a result of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub. L. No. 109-8. For fee increases previously announced for Chapters 7, 11, and 13, please see Public Notice 05-008, dated August 22, 2005. * Chapter 15 replaces ancillary petition filings under 11 U.S.C. § 304. For additional fee information, please access the Fee Schedule under General Information on the Court’s web site www.cacb.uscourts.gov. 18703_Barnotes 11/2/05 14 • Bar Notes 2:32 PM Page 14 www.sfvba.org November 2005 Director’s Interim Guidance Regarding Tax Information Under 11 U.S.C. § 521 Effective October 17, 2005, all tax information provided in accordance with section 521 of the Bankruptcy Code is subject to the Judicial Conference of the United States Policy on Privacy and Public Access to Electronic Case Files http://www.privacy.uscourts.gov/Policy.htm (“JCUS policy”) (JCUS SEP/OCT 01, pp. 49-50). In accordance with the JCUS policy, the debtor should take the following steps to redact personal identifiers in any tax information filed with the court or provided to the trustee or creditor(s), in either electronic or paper. • Social Security numbers. If an individual’s social security number is included, only the last four digits of that number should appear; • Names of minor children. If a minor child(ren) is/are identified by name, only the child(ren)’s initials should appear; • Dates of birth. If an individual’s date of birth is included, only the year should appear; and • Financial account numbers. If financial account numbers are provided, only the last four digits of these numbers should appear. Court employees are not responsible for redacting any of the personal identifying information. The responsibility for redacting personal identifiers rests solely with the debtor. Please refer to the Director’s Interim Guidance Regarding Tax Information under 11 U.S.C. § 521 for more information implementing the JCUS policy. The Interim Guidance may be found at www.uscourts.gov/bankruptcycourts/DirTaxGuidance. Psychotherapy Individual, Couple, Groups Charlyne Gelt, Ph.D., MFT, CGP (818) 501-4123 • www.drgelt.com 16055 Ventura Blvd., #1129, Encino, CA 91436 Divorce Healthier Relationships 1+1=3 Women’s Groups William J. Kropach WORKERS’ COMPENSATION STATE CERTIFIED SPECIALIST 20% REFERRAL FEE PAID PER STATE BAR RULES CHAIRMAN SFVBA WORKER'S COMPENSATION SECTION SINCE 1987 DIRECTOR VCLF OF SFVBA 1980 - 2001 FORMER TRUSTEE OF SFVBA UCLA LAW SCHOOL, 1971 818-609-7005, EXT. 25 http://home.earthlink.net/~wkropach 18703_Barnotes 11/2/05 2:32 PM Page 15 November 2005 www.sfvba.org Bar Notes • 15 BY EVERETT F. MEINERS The California Supreme Court in the case of Koebke v. Bernardo Heights Country Club (Aug. 2005) 36 C4th 824 held that domestic partners registered under the California Domestic Partner Rights and Responsibilities Act of 2003 “are the equivalent of spouses for the purposes of the Unruh Act. . . .” The Unruh Act provides that all persons “no matter what their sex, race, color, religion, ancestry, national origin, disability, or medical conditions” are entitled to full and equal accommodations in all business establishments. Prior court decisions had held that this requires businesses “to serve all customers on reasonable terms without discrimination . . . .” The Act prohibits apartment owners from refusing to rent to a family with a minor child (Marina Point Ltd. v. Wolfson (1982) 30 C3d 721) or restricting a condominium development to persons over 18 (O’Conner v. Village Green Owners Assn. (1983) 33 C3d 790). The protections of the Unruh Act are not limited to those enumerated above; the Court has held that the categories listed in the statute (sex, race, color, religion etc.) are only “illustrative rather than restrictive” of the categories covered by the Act. However, the Court has also held that the Unruh Act was not intended to “ban all forms of arbitrary discrimination.” Thus, in Harris v. Capital Growth Investors XIV (1991) 52 C3d 1142 it was held that the Unruh Act did not prohibit economic status discrimination in a case where it was contended that the an apartment owner violated the Act by requiring that the prospective tenant have gross monthly income of at least 3 times the monthly rent. The Court concluded that this type of discrimination was not similar to the personal characteristics which are expressly set forth in the Unruh Act. Thus the question ultimately before the Court in the Koebke case was whether the plaintiff’s marital status discrimination claim was covered by the Act. The Plaintiff, Birgit Koebke, was a regular equity member of the Bernardo Heights Country Club (“Club”) since 1987 who had paid over $18,000, plus monthly dues, for that membership. Members were entitled to use the golf course without additional fees and that right was extended to the members’ “legal spouse and unmarried sons and daughters. . . .” Guests could be invited to play, but they paid the regular green 18703_Barnotes 11/2/05 16 • Bar Notes 2:32 PM Page 16 www.sfvba.org November 2005 fees and were limited as to the number of times they could play, a limitation not applicable to members and their family. Koebke had a lesbian relationship with Kendall French since 1993. In 1998 they executed a written Statement of Domestic Partnership, and subsequently became Registered Domestic Partners with the City of San Diego and the State of California. On several occasions Koebke requested the Club to recognize that relationship and to treat French as a family member entitled to the rights and privileges accorded to married members’ families. The Club refused contending that members had to be married under state law to so qualify. The trial court and the court of appeal upheld the Club’s argument that the Unruh Act did not apply. On appeal, the Supreme Court held that marital status discrimination was similar to the other characteristics (sex, race, color, religion, ancestry, national origin, disability or medical condition) covered by the Unruh Act and that therefore discrimination based on marital status is prohibited in businesses covered by the Unruh Act. Next the Supreme Court reviewed the Domestic Partner Act and concluded that couples who register under that Act have been granted by the Legislature “legal recognition comparable to marriage. . . .” The Court noted that the Domestic Partner Act specifically provides that “Registered domestic partners shall have the same rights regarding nondiscrimination as those provided to spouses.” Thus, the Court concluded that “discrimination against registered domestic partners in favor of married couples is a type of discrimination that falls within the ambit of the Unruh Act” and that “the Unruh Act prohibits discrimination against domestic partners registered under the Domestic Partner Act in favor of married couples.” Everett F. Meiners represents employers in all aspects of employment and labor law for the Los Angeles law firm of Parker, Milliken, Clark, O'Hara & Samuelian. He can be reached at (213) 683-6610 or efm@pmcos.com 18703_Barnotes 11/2/05 2:32 PM Page 17 November 2005 www.sfvba.org Bar Notes • 17 SFVBA rents its Executive Boardroom for depositions and hearings. Amenities include breakout room, beverage service, and free parking. Only $125 per day. SFVBA attorney members receive free library privileges at the University of West L.A. San Fernando Valley Campus in Warner Center. Call (818) 883-0529 for library hours. Join Southland Civic Federal Credit Union and gain access to great interest rates on deposits and loans, no fee traveler checks, and more. Call (800) 426-1917. MBNA offers members the exclusive Platinum Plus MasterCard. Call (800) 457-3714. Mention priority code OMKA. Spectrum Clubs offers SFVBA members corporate discount rates on health club memberships with a savings of $14 - $22 per month and a waiver of the $99 initiation fee. Canoga Park, Valencia and Thousand oaks locations. To sign up, contact Kevin Brown in Canoga Park at (818) 884-5034. Contact the SFVBA office to receive a package of discount coupons & membership cards for Southern California’s major theme parks and attractions. Now Messenger Service offers members who open new accounts a 5% discount off their current rates. Call (818) 774-9111. Save 20% on investigative services. Contact J R Investigations (818) 704-9925. Chase Manhattan Mortgage gives members 1/2 point fee discount on fixed and adjustable rate programs. Call John Bartnicki at (818) 226-0888. Certified Tax Law Specialist, CPA Representation before the IRS, Franchise Tax Board, State Board of Equalization and other government agencies in audits and other controversies. Income and estate tax preparation and planning, tax opinion letters, transactional planning, and other tax related matters. Federal and State Criminal Tax Matters. Michael D. Daniels Certified Specialist in Taxation, Board of Legal Specialization, State Bar of California 20700 Ventura Blvd., Ste. 227,Woodland Hills, CA 91364 (818) 227-5648 Attorney Services of Southern California offers SFVBA Members who open a new account FREE court filing service and guarantee to beat current process service rates. Call (818) 772-4795. SFVBA members save $10 on new AAA Membership. Please also ask us about new insurance with many available discounts. Call Nell Derderian at (805) 306-8181. 18703_Barnotes 11/2/05 18 • Bar Notes 2:32 PM Page 18 www.sfvba.org November 2005 L AW O F F I C E S MAZO & VIDOR A PROFESSIONAL CORPORATION In Association with L AW O F F I C E S PISEGNA & ZIMMERMAN NEIL M. MAZO & PAUL M. VIDOR WILLIAM ZIMMERMAN & LORI DECRISTO Attorneys at Law 18703_Barnotes 11/2/05 2:32 PM Page 19 November 2005 www.sfvba.org Bar Notes • 19 SHERMAN OAKS ATTORNEY TO ATTORNEY REFERRALS… APPEALS & TRIALS $95/hour. I'm an experienced trial/appellate attorney, Law Review. I'll handle your appeals, trials or assist with litigation. Alan Goldberg (818) 421-5328. DUI, TRAFFIC CITATIONS Executive suites available. Includes receptionist, conf. rooms, kitchen, photocopying facilities, and parking. High speed T1 Internet connection available. 14156 Magnolia Blvd. Call Eric (818) 784-8700, ext. 119. SPACE AVAILABLE… CANOGA PARK VAN NUYS One furnished interior office @ $475/mo. No lease. No parking charges. No extras. Congenial people, kitchen, conf. room, fax and phone hookup available. Westlaw access @ $50/mo. Call Garry or Terry at (818) 715-7100. Window office available. Includes receptionist, conference room, copier and fax. Reasonable rent. Call Dianne Myers (818) 947-0118. & P.I. Experienced attorney specializing in traffic related matters. Handling all court locations in CA. 20% referral fee paid to attorneys per State Bar rules. AMIR SOLEIMANIAN. (818) 389-7188. EMPLOYMENT LITIGATION Sexual Harassment Discrimination, Wrongful Termination, QuiTam/ Whistleblower, Overtime Violations, etc. 25% Referral Fee paid to attorneys per State Bar Rules. Law Offices of Jill B. Shigut (818) 708-6655. PRIVATE AND LASC MEDIATION Assisted resolution of real estate and business disputes. David I. Karp, Mediation Services. SBN 90608. (818) 781-1458. david@karpmediation.com. ENCINO Executive office 16’x16’ 7th floor. Prestigious Encino building on Ventura Blvd. Includes receptionist, secretarial space, some storage. Referrals probable. Ideal for solo practitioner. Maya at (818) 981-8810. Seven offices with 7-secretarial spaces plus furnished reception room and kitchen. Call Patti K (owner/agent) (818) 7883651. Window office available in professional office building. Includes use of conf. room and receptionist. Photocopier, phones and DSL and parking available. Call Scott (818) 995-9116. SOCIAL SECURITY DISABILITY/SSI Extensive experience in Social Security Disability/SSI, all levels of appeals, including federal litigation. 20% referral fee paid to attorneys per State Bar Rules. Irene Ruzin (818) 325-2888. NORTH HOLLYWOOD Prime Office Space. Only one large exterior and one large interior law offices left (of 13 offices) on top floor of The Academy of Television, Arts & STATE BAR CERT. WORKERS COMP SPECIALIST Sciences Tower in booming NoHo Arts Over 25 years experience-quality practice. District, 8500 sq. ft. suite, secretarial bay, 20% Referral fee paid to attorneys per State dramatic conference room with view of Bar rules. Jack Goodchild, PLC. (818) 380-1600. Valley, interior conference room, library, large work and storage areas, TRADEMARK APPLICATIONS Don’t your clients deserve quality and fast service? DSL network access, Westlaw and phone system available. Alan I. Cyrlin, Esq. U.S. and international Call (818) 506-1500. trademark registration. AlanCyrlin@msn.com/ 818-609-2367. The Alacrity Advantage. SM Window Office. Secretarial area, phone answering, receptionist, conference room, kitchen. Copier and fax available. Easy freeway access. Congenial surroundings. Possible referrals from 8 attorneys. (818) 901-0166. WOODLAND HILLS Terrific penthouse on Ventura Blvd. in Warner Center with great views. 3 11x14 and 1 14x14 available. Secretarial bays, kitchen, conference rooms, library, full amenities. Must see. Call Jim (818) 716-7200 x141. VAN NUYS Executive Offices in the heart of the San Fernando Valley from 350 sqft to 7200 sqft available now, walking distance to Courthouse, Federal buildings, police station and easy access to Freeways 101, 170 and 405. Prices starting at $1.35 sqft with full service gross lease. Please call Ron (818) 807-8200 Roberto (818) 266-8707. or SUPPORT SERVICES… NOTARY OF THE VALLEY Traveling Notary Public. 24 hours-7 Days. Attorneys’ Office • Clients’ Office • Homes • Hospitals • Jails. David Kaplan (818) 902-3853 SFVBA Assoc. Mbr. www.notaryofthevalley.com WRONGFUL TERMINATION 25% Referral Fee paid to attorneys per State Bar Rules on Wrongful Termination, Sexual Harassment, Discrimination, and Federal False Claim Cases. 20+ years experience; Heavy Jury Trial Experience. Danz & Gerber (818) 783-7300 Beautiful offices in Woodland Hills available for lease, furnished or unfurnished. Luxurious space including EXPERT… STATE BAR DEFENSE WOODLAND HILLS & PREVENTATIVE LAW Former: State Bar Prosecutor; Judge Pro Tem. Legal Malpractice Expert, Bd. Certified CA & ABA. BS, MBA, JD, CAOC, ASCDC, A.V. (818) 986-9890 Fmr. Chair SFBA Ethics, Litigation. Phillip Feldman. www.LegalMalpracticeExperts.com. StateBarDefense@aol.com conference rooms, window offices with balconies, full library, state of the art office equipment and amenities. Contact Vicki at (626) 308-1171. 18703_Barnotes 11/2/05 2:32 PM Page 20 20 • Bar Notes www.sfvba.org November 2005 SEYMOUR I. AMSTER Attorney at Law • Member of the SFVBA Board of Trustees since 2002 • Experienced in handling Appellate, Federal and State Criminal Cases • Certified Criminal Law Specialist, Certified by the Board of Legal Specialization of the State Bar of California 6320 Van Nuys Boulevard, Suite 300 Van Nuys, CA 91401 (818) 947-0104 Fax: (818) 781-8180 siaesq1@aol.com THE FOLLOWING JOINED THE SFVBA IN SEPTEMBER 2005: Suzanne Alpert Neighborhood Legal Services of LA County 13327 Van Nuys Boulevard Pacoima, CA 91331-3099 (818) 492-5239 Fax (818) 896-6647 suzannealpert@nls-la-org Family Law Jerome J. Blum Herzlich & Blum, LLP 15760 Ventura Blvd. Suite 2024 Encino, CA 91436 (818) 783-8991 Fax (818) 783-6682 jerry@herzlich-blum.com Commercial Debt Collection Vatche Bostadjian Law Offices of Vatche Bostadjian 550 N. Brand Blvd. Ste. 1800 Glendale, CA 91203 (818) 246-5879 Fax (818) 507-5199 vascolaw@hotmail.com Civil Litigation Mieko Braun 9746 Caaba Avenue Chatsworth, CA 91311 (818) 727-0008 Fax (818) 727-0003 hirai@linc21.com Law Student Melinda Ebelhar Michelman & Robinson LLP 15760 Ventura Blvd. Suite 500 Encino, CA 91436 (818) 783-5530 Fax (818) 783-5507 mebelhar@mrllp.com Vincent Green Michelman & Robinson LLP 15760 Ventura Blvd. Suite 500 Encino, CA 91436 (818) 783-5530 Fax (818) 783-5507 vgreen@mrllp.com Insurance Bad Faith Paul Hanna Michelman & Robinson LLP 15760 Ventura Blvd. Suite 500 Encino, CA 91436 (818) 783-5530 Fax (818) 783-5507 phanna@mrllp.com Yunie K. Hong Neighborhood Legal Services of LA County 13327 Van Nuys Boulevard Pacoima, CA 91331-3099 (818) 492-5245 Fax (818) 834-7552 yuniehung@nls-la.org Public Law Robin James Michelman & Robinson LLP 15760 Ventura Blvd. Suite 500 Encino, CA 91436 (818) 783-5530 Fax (818) 783-5507 rjames@mrllp.com Nareg S. Kitsinian Girardi & Keese 1126 Wilshire Boulevard Los Angeles, CA 90017 (213) 977-0211 Fax (213) 481-1554 nkitsinian@girardikeese.com Civil Litigation Martin J. Kotowski Michelman & Robinson LLP 15760 Ventura Blvd. Suite 500 Encino, CA 91436 (818) 783-5530 Fax (818) 783-5507 mkotowski@mrllp.com Jeffrey Lewiston Michelman & Robinson LLP 15760 Ventura Blvd. Suite 500 Encino, CA 91436 (818) 783-5530 Fax (818) 783-5507 jlewiston@mrllp.com William J. Mall III Michelman & Robinson LLP 4 Hutton Centre Drive Suite 300 Santa Ana, CA 92707 (714) 557-7990 Fax (714) 557-7991 wmall@mrllp.com Ronald H. Mandel Gray, York & Duffy, LLP 15760 Ventura Boulevard 16th Floor Encino, CA 91436 (818) 907-4000 Fax (818) 783-4551 rmandel@gydlaw.com Civil Litigation Carol J. Medof Mediation & Arbitration Offices of Carol J. Medof 15900 Woodvale Road Encino, CA 91436 (818) 905-8452 medof@adelphia.net Arbitration and Mediation Cathy S. Miller-Ginsburg Miller-Ginsburg Law Offices 920 Hampshie Road Suite A-27 Westlake Village, CA 91361 (805) 494-9474 Fax (805) 494-9475 millerginsburg@aol.com Conservatorships, Estate Planning, Probate, Trusts Julie Rivera-Coo Neighborhood Legal Services of LA County 9354 Telstar Avenue El Monte, CA 91731 (626) 307-3667 Fax (626) 307-3650 julieriveracoo@nls-la.org Family Law Michelle R. Sepich Gray, York & Duffy, LLP 15760 Ventura Boulevard 16th Floor Encino, CA 91436 (818) 907-4000 Fax (818) 783-4551 msepich@gydlaw.com Construction Law, Employment, Personal Injury 18703_Barnotes 11/2/05 November 2005 2:32 PM Page 21 www.sfvba.org Bar Notes • 21 18703_Barnotes 11/2/05 22 • Bar Notes 2:32 PM Page 22 www.sfvba.org November 2005 18703_Barnotes 11/2/05 2:32 PM Page 23 November 2005 www.sfvba.org Probate & Estate Planning Section and ADR Section Topic: Mediating Probate and Trust Disputes Speaker: Andrew Wallet, Myer Sankary and Jerry Gerstenfeld (moderator) Date: November 8 Time: 12:00 p.m. Place: Encino Glen Restaurant, Encino Cost: $30 members prepaid; $35 at the door $35 non-members prepaid; $40 at the door MCLE: 1 Hour Bar Notes • 23 Workers’ Compensation Section Topic: How To Depose a Psychiatrist: Essential Elements and Effective Techniques Speaker: Irwin Savodnik, M.D. Date: November 16 Time: 12:00 Noon Place: Encino Glen Restaurant, Encino Cost: $30 members prepaid; $35 at the door $35 non-members prepaid; $45 at the door MCLE: 1 Hour Litigation Section Topic: Small Firm & Sole Practitioner Section Topic: Maximizing Media Relations Speaker: Brenda McGann, former Executive Editor, Daily Journal Date: November 9 Time: 12:00 Noon Place: SFVBA Conference Room, Woodland Hills Cost: $20 members prepaid; $25 at the door $25 non-members prepaid; $30 at the door Litigation Hollywood Style: See What the Stars are Pleading Speaker: Jonathan Arnold, Greenberg & Bass Date: November 17 Time: 5:00 p.m. “Non-alcohol Happy Hour!” Place: SFVBA Conference Room, Woodland Hills Cost: $20 members prepaid; $25 at the door $25 non-members prepaid; $30 at the door MCLE: 1 Hour Family Law Section Topic: Panel: ABA/Los Angeles County Bar Association Real Property Section Community Outreach Program Co-Sponsored by SFVBA Dates: November 2 (Some Taxing Questions) November 9 (Land Use and Environmental Laws) November 16 (Construction Agreements and Disputes) November 30 (Development Subdivision Map Act) Time: 6:30 p.m. - 8:00 p.m. Place: LACBA LexisNexis Conference Center, 281 S. Figueroa St., Los Angeles Cost: Free; Light refreshments will be served MCLE: Provided by ABA RSVP: For further information email Trudi Lesser at tlesser@sswesq.com or Tom Quilling at thomas.quilling@hklaw.com. Date: Time: Place: Cost: MCLE: Hot Tips Commissioner Mark Weiss and Gary Weyman, Esq. November 28 5:30 p.m. Encino Glen Restaurant, Encino $40 members prepaid; $45 at the door $45 non-members prepaid; $50 at the door 1 Hour SIGN ME UP! SEND CHECK TO SFVBA 21300 Oxnard St., Suite 250 Woodland Hills, CA 91367 SECTION __________________________________ NAME ____________________________________ STATE BAR # ______________________________ TELEPHONE # ______________________________ CHARGE IT! __________________ CC #__________________________EXP. DATE ________ SIGNATURE __________________ FOR MORE INFORMATION CALL (818) 227-0490 EXT. 105 Food and beverages served at every MCLE event! * Please note that no credit will be given unless notice of cancellation is provided 48 hours before scheduled event 18703_Barnotes 11/2/05 2:32 PM Page 24 Phone: (818)995-1040 Fax: (818)995-4124 15303 Ventura Boulevard, Suite 1040 Sherman Oaks, CA 91403 E-mail: INFO@KETW.COM Visit us @ www.KETW.COM Litigation Support • Expert Witness Forensic Accountants • Family Law Matters Business Valuations • Loss of Earnings • Damages OFFICIAL SPONSORS OF THE SAN FERNANDO VALLEY BAR ASSOCIATION Member SEC Practice Section American Institute of Certified Public Accountants When you need more than just numbers...you can count on us... Call Mike Krycler or Ken Walheim PRESORTED STANDARD U.S. POSTAGE PAID CANOGA PARK, CA PERMIT NO. 348 21300 Oxnard Street, Suite 250 Woodland Hills, CA 91367 Change Service Requested