JJUNEUNE 22016016 • $$44 A PublicationPublication ofof thethe SanSan FernandoFernando ValleyValley BarBar AssociationAssociation
Los Angeles Superior Court’s Technology Innovations
The Emerging Locality of International Law
Defending Free Speech and the Valley’s Adult Entertainment Industry www.sfvba.org 2 Valley Lawyer ■ JUNE 2016 www.sfvba.org Andrew L. Shapiro
now available as a private Mediator & Arbitrator
Andrew L. Shapiro is utilizing his extensive negotiation and trial experience to expand a growing mediation practice. Over the years he has personally handled over 1,500 pro bono cases as a Court Settlement Officer, Arbitrator or Mediator for Los Angeles and Ventura County Superior Courts.
Practice Areas: ÂWrongful Death ÂSpinal Cord Injuries ÂPremises Liability ÂTraumatic Brain Injuries ÂProducts Liability ÂDangerous Conditions of Public Property ÂBicycle, Auto, Motorcycle & Truck Accidents ÂSerious Dog Attacks ÂMedical Malpractice
Memberships: ÂAmerican Board of Trial Advocates (ABOTA) ÂConsumer Attorneys Association of Los Angeles (CAALA) ÂConsumer Attorneys of California (CAOC) ÂLos Angeles County Bar Association ÂSan Fernando Valley Bar Association
"Andy is an excellent lawyer with a firm understanding of not just the law, but the personal injury business. More importantly he is a wonderful person, who has the right temperament to be a Lewitt Hackman fantastic mediator. Trial lawyers on both sides of the fence will LH benefit from Andy’s mediation skills. It will only be a short time until the personal injury community will recognize his talents and Lewitt, Hackman, Shapiro, Marshall & Harlan he will join the ranks of elite mediators." A Law Corporation – Matthew B.F. Biren, Biren Law Group
"I have known Andy Shapiro for over 30 years. I had cases against him when I was practicing and have mediated and arbitrated 818.907.3266 cases with him in my more recent capacity as a Neutral Hearing [email protected] Officer. Based on my experience with him, Andy has the skills and 16633 Ventura Boulevard, Eleventh Floor more importantly, the temperament, to be extremely effective in Encino, California 91436 this endeavor. His many years of experience will serve him well, and I enthusiastically endorse and support his entry into the field." – Darrell Forgey, Judicate West
www.sfvba.org JUNE 2016 ■ Valley Lawyer 3 4 Valley Lawyer ■ JUNE 2016 www.sfvba.org CONTENTS VALLEY AWYER A Publication of the San Fernando Valley Bar Association JUNE 2016
Winner of the 2014-2015 1122 1166 LA Press Club Award
37 4433
2266 DEPARTMENTS
7 President’s Message FEATURES 9 From the Editor 12 The Emerging Locality of International Law | BY JONATHAN ARNOLD 10 Event Calendars
16 Get Online, Not in Line: Los Angeles Superior 11 Public Service Court’s Technology Innovations | BY JUDGE MICHELLE WILLIAMS COURT MCLE TEST NO. 92 ON PAGE 25. AND JUDGE SAMANTHA P. JESSNER 30 New Members
37 Membership & Marketing 26 The Bare Facts: Lawyers Defend Free Speech Committee and the Valley’s Adult Entertainment Industry | BY ELIZABETH POST 39 Santa Clarita Valley 43 Valley Community Legal Foundation to Hold Bar Association First Ever Virtual Gala | BY D. SHAWN BURKLEY 41 Valley Community COLUMNS Legal Foundation
32 Book Excerpt Classifieds Trial of the Century | BY MARK J. PHILLIPS AND ARYN Z. PHILLIPS 44
www.sfvba.org JUNE 2016 ■ Valley Lawyer 5 INTERESTED IN ADVERTISING
SAN FERNANDO VALLEY BAR ASSOCIATION IN Valley Lawyer? 5567 Reseda Boulevard, Suite 200 Tarzana, CA 91356 Phone (818) 227-0490 Fax (818) 227-0499 Grow your practice. Promote your service. www.sfvba.org EDITOR Market your firm. Michael D. White
GRAPHIC DESIGNER Marina Senderov
BOARD OF TRUSTEES
President ...... Carol L. Newman President-Elect ...... Kira S. Masteller Secretary ...... Alan E. Kassan Treasurer ...... Anie N. Akbarian Past President ...... Caryn Brottman Sanders Executive Director ...... Elizabeth Post
TRUSTEES
Jonathan Birdt Yi Sun Kim William A. Daniels Kathy G. Neumann Michelle E. Diaz Samuel R.W. Price Barry P. Goldberg Joanna M. Sanchez Peta-Gay Gordon Marlene Seltzer Alexander J. Harwin John F. Stephens Sean E. Judge Toni Vargas Nicole Kamm
STAFF Director of Public Services ...... Rosie Soto Cohen Visit for Director of Education & Events .... Linda Temkin www.sfvba.org Editor ...... Michael D. White Referral Consultant ...... Fanny Arellano the 2016 Media Kit ...... Catherine Carballo- Merino Member Services Coordinator .... Melissa Garcia
SECTION CHAIRS
Bankruptcy Law ...... Steven R. Fox Business Law & Real Property ..... Steven J. Shapero ...... Neil M. Sunkin Criminal Law...... David S. Kestenbaum ...... Angela Berry-Jacoby Employment Law ...... Kimberly Westmoreland Family Law ...... Sandra Etue ...... Kenneth Nahigian ...... Amir Aharonov Intellectual Property, Entertainment & Internet Law ...... John F. Stephens ...... Thomas M. Morrow Litigation ...... Christopher P. Warne New Lawyers ...... Christopher Blaylock ...... Hannah Sweiss Probate & Estate Planning ...... John E. Rogers Small Firm & Sole Practitioner ...... Arsalan Hayatdavoodi Taxation Law ...... Ronald Hughes ...... Hratch J. Karakachian Workers’ Compensation ...... Jeffrey S. Swartz
Valley Lawyer is published monthly. Articles, announcements, and advertisements are due by the first day of the month prior Contact (818) 227-0490, ext. 101 to the publication date. The articles in Valley Lawyer are written for general interest and are not meant to be relied upon as a substitute for independent research and independent verification of accuracy. to place your ad. Printing Southwest Offset Printing © 2016 San Fernando Valley Bar Association
6 Valley Lawyer ■ JUNE 2016 www.sfvba.org PRESIDENT’S MESSAGE
CAROL L. NEWMAN Community SFVBA President AUTOMOBILE Courts EXPERT WITNESS
T THE MOST RECENT nonserious, nonviolent felonies meeting of our Inclusion & involving the mentally ill, chronically Diversity Committee at the homeless, substance abusers, and Van Nuys courthouse, our recent veterans. honoree, the Hon. Huey Cotton, told As of the writing of this article, the us about two initiatives which the Los Van Nuys court has handled only nine Angeles Superior Court is currently cases. There are at least two reasons Jack G. Cohen spearheading in the Criminal Courts why there are not more cases in the since the beginning of this year. The system. One reason is that the universe 30 Years Experience in word needs to get out to the legal of nonserious, nonviolent felonies is the Automobile Business community and the public about small, especially in light of Proposition these programs. As a civil litigator, I 47. Another reason is that the program knew nothing about these programs. is just getting underway, and more Plaintiff and Defense I was intrigued, and spoke with the people need to fi nd out about it. Hon. Gregory A. Dohi from the Van The fi rst step in qualifying for Consulting with attorneys, Nuys Superior Court to fi nd out more. one of these courts is for a defense dealers, consumers, The following article is based on my attorney to approach the District insurance companies conversation with Judge Dohi as well Attorney with an appropriate case. The Appraisals as publicly available information. District Attorney’s offi ce then screens These initiatives stem from the these cases thoroughly, but if the case Industry standards realization among judges, prosecutors, is deemed appropriate, the case must defense attorneys, and probation be approved at the head deputy level. Dealer fraud offi cers that the legal community needs The District Attorney’s offi ce has Vehicle sales and leasing to try something different to work a commitment to a team approach toward better outcomes with offenders in handling such cases. If the case is Dealership practices who are mentally ill or chronically approved, it would then be referred to homeless, in order to promote public one of the Community Collaborative New and used auto safety both in the near and the long Courts, where it would be evaluated transactions term. Additionally, more needs to be by a dedicated probation offi cer who Auto warranty issues done to produce better outcomes with consults if necessary with a social veterans. So while there have always worker from the Department of Mental Finance documentation been collaborative approaches in these Health. If a qualifying case is identifi ed and analysis cases, a dedicated courtroom with in a district that is not one of the four access to services and familiarity with participating courts, the case can be Lender-dealer relationships service providers will help in these transferred to one of them. The judges Wholesale & Retail types of cases. in this program are also working closely with the Veterans Administration and Diminished value cases Community Collaborative Courts Veterans Justice Outreach social The fi rst such program is the workers. Community Collaborative Courts, The Community Collaborative OFFICE: 747.222.1550 of which there are four, in Van Court is designed to address the CELL: 818.445.5500 Nuys, downtown, Compton, and multiple issues presented by the at-risk [email protected] Long Beach. These courts handle populations it serves. The client must www.sfvba.org JUNE 2016 ■ Valley Lawyer 7 participate in treatment as a condition of the program, such as residential drug treatment. This could be a very productive alternative to languishing in jail for a year. One great benefi t of this program is that it has a very gifted probation offi cer, Talibah Coffee, who has been exceptional in fi nding out what clients need and matching them with the appropriate programs. Another benefi t is frequent and constant monitoring by a single judge who is personally familiar with the cases and the clients. Clients know that they will face the same judge repeatedly, which leads to better oversight and more consistency.
Third District Program for Chronically Homeless The second such program is for the chronically homeless and mentally ill in the Third Supervisorial District, and deals with misdemeanors as well as felonies. In this program, the court works directly with the San Fernando Valley Community Mental Health Center. This program provides housing. If the clients have committed misdemeanors, their misdemeanors can be dismissed if they live in the designated housing, attend sessions and receive treatment, including medical management through the Center, and pick up no new cases for 90 days. For felonies, they would have to enter a plea and be convicted, and then they can get their probationary term reduced if they live in the designated housing and receive their counseling and treatment from the Center for typically 18 months (but could be longer). This program, which has a larger eligible population, is already obtaining some very good outcomes. The bigger message from both of these programs is that for the chronically homeless, mentally ill, substance abusers, and veterans, there may be an option other than just traditional jail and probation. To quote Judge Dohi, “The court is working toward an option that is a win-win-win for the clients, courts, and community.”
8 Valley Lawyer ■ JUNE 2016 www.sfvba.org FROM THE EDITOR
MICHAEL D. WHITE SFVBA Editor Changing the Guard
Y NAME IS MICHAEL WHITE AND I HAVE THE Department. He, on the other hand, spent three years clerking privilege of being named editor of Valley Lawyer for a federal appellate judge in Anchorage, Alaska, followed by magazine and content manager of the SFVBA’s a tour of duty with the Los Angeles County District Attorney’s website. A daunting task, to be sure, but it’s always rewarding offi ce. to take on a fresh challenge and advance a worthy goal—that The sheer breadth of their experience has enlivened of providing you with useful, substantive information in a timely many a family holiday gathering with chuckles, grins and fashion that will assist you in better serving your clients. sometimes epic stories of satisfaction and frustration, victory Change, once again, proves to be the only constant. Under and defeat, justice applied and, sometimes, justice denied. Irma Mejia, Valley Lawyer reaped a fresh embrace from its But, interestingly, as disparate as their niches are, their paths readers, garnering a shelf-load of prestigious awards from its converge at one critical point—they both possess an almost professional peers along the way. ethereal reverence for the law. It’s an honor to ‘carry on’ in consort with the committed “I really couldn’t see myself doing anything else,” my and talented staff of an Association that does so much to serve nephew once told me, calling the law “the glue that holds our its members and the community that they, in turn, serve. society together.” Natalie nods. My sincere thanks for the opportunity and each of you has Without it, he said, “there would be chaos. As disjointed my promise that I will do my best to build on that foundation and ill-applied as it sometimes is, it’s just about all we have and carry on that good work. that holds us together. It’s quite a responsibility to see that it’s evenly applied and respected.” All in the Family Sometimes, he said, “it’s easy to forget that what we do is In the true spirit of full disclosure, both my niece and nephew a high calling.” are attorneys. Extremely intelligent and capable, the trails Michael D. White has a B.A. in Journalism from CSUN and a they’ve blazed through the legal forest primeval have gone in Certifi cate in International Business from the Japan External markedly divergent points of the compass. Niece Natalie has Trade Organization’s (JETRO) Institute of International Studies spent the last fi ve years practicing personal injury law here in & Training in Tokyo. Michael has 38 years’ experience as a southern California, while nephew Chris serves as an Assistant journalist for the San Fernando Valley Business Journal, Los District Attorney in northern California. Angeles Daily News, and Long Beach Press-Telegram, among Tri-lingual and well-traveled, she has taken an interest in other newspapers and trade publications. He was also the Web international affairs, with the goal of working for the U.S. State Content Editor for the Los Angeles County MTA.
www.sfvba.org JUNE 2016 ■ Valley Lawyer 9 JUNE 2016 CALENDAR
SU MON TUE WED THU FRI SAT
Valley Lawyer Member Bulletin Deadline to submit announcements to editor@ sfvba.org for July issue.
See page 37
Probate & Employment Member Estate Planning Law Section Appreciation Section Employee Dinner 12:00 NOON Complaints 5:30 PM MONTEREY AT ENCINO 12:00 NOON THE STAND RESTAURANT SFVBA OFFICE ENCINO Taxation Law Darla Cunningham Board of Trustees See ad on page 11 6:00 PM Section and Criminal will discuss the SFVBA OFFICE Law Section basics of how to Criminal Tax Fraud investigate employee complaints regarding Sponsored by discrimination, harassment, etc. (1 MCLE Hour)
Bankruptcy THE ONLY LEGAL MANAGEMENT SOFTWARE Law DESIGNED TO HELP Section CRIMINAL DEFENSE Settling with ATTORNEYS GENERATE the Trustrees MORE BUSINESS. 12:00 NOON SFVBA OFFICE 6:00 PM SFVBA OFFICE Attorney Stella Havkin leads this Mark Pastor addresses criminal popular seminar. tax fraud. Free to current (1.25 MCLE Hours) members! (1 MCLE Hour)
JULY 2016 SAVE THE DATE
New Lawyers Section Litigation Section Networking Mixer Hot Topics with the Insurance Experts Sponsored by WEDNESDAY, JULY 20 12:00 PM SFVBA OFFICE
WEDNESDAY, JULY 13 The expert insurance panel of Andrew Zehnder, Sandra 6:00 PM Hunt and Robert Corenson discuss hot litigation issues and LAKESIDE CAFÉ, ENCINO corporate compliance. (1 MCLE Hour)
Free Networking Mixer for New Lawyers!
The San Fernando Valley Bar Association is a State Bar of California MCLE approved provider. Visit www.sfvba.org for seminar pricing and to register online, or contact Linda Temkin at (818) 227-0490, ext. 105 or [email protected]. Pricing discounted for active SFVBA members and early registration.
10 Valley Lawyer ■ JUNE 2016 www.sfvba.org PUBLIC SERVICE
ROSIE SOTO COHEN Meet the Talented New Director of Team Member Public Services
HE ATTORNEY REFERRAL SERVICE IS PROUD TO spends most of the day helping Valley residents, particularly introduce our new ARS Consultant, Catherine Carballo- monolingual Spanish speaking clients and senior citizens, to Merino. Catherine was born and raised in Los Angeles fi nd a qualifi ed lawyer or appropriate legal resources. Another and she recently graduated from UC Davis with a B.A. in chunk of her time is well spent speaking with panel members English. She is a fi rst-generation Hispanic American, and was and their staff about potential referrals. the fi rst in her family to graduate from college. “These past few months have been a great learning Catherine’s passion for public service stems from her own experience for me,” Catherine says. “There are many aspects family’s experiences growing up. She recalls how diffi cult it of law and the courts that I was misinformed on. Television was for her parents to get any form of help advertisements, movies, and even attorney ads all because they didn’t understand English. make it sound as if suing someone is easy.” Thanks Looking back, she believes that their lives to the help of experienced ARS panel members, would have been easier if there were more Catherine has become a better intake consultant, people who are bilingual or who render understanding that there are a lot of factors to interpreting services. Those experiences determining whether or not there is even a case. are what motivated Catherine to want to Catherine is also administering the Senior become an interpreter or translator. She Citizen Legal Program and is currently working to has already completed several projects as a expand such services. The job requires Catherine to freelance translator, which have taught her tap into her compassionate and caring side, which how important it is to break through language by far will be the most rewarding part of the job. After barriers. a few weeks of public service work, Catherine gets Catherine describes herself as more book smart than it. “Being in the referral service isn’t just about making money street smart. She recognizes that there is a lot to learn and for attorneys,” she says. “It’s also about sending people to the experience before she can become an effective interpreter. right place so they can receive the legal help they need—and That experience is what she hopes to get out of working as an no one needs this help as much as senior citizens.” Attorney Referral Service Consultant. “I hope to continue on this learning path and to help March 1 was Catherine’s fi rst day. These past two and a grow the attorney referral service into something community half months, she and fellow ARS Consultant Fanny Arellano engaging. I also hope to learn more about the legal system and have fi elded nearly 2,000 calls and over 100 online referral terminology.” requests from persons in need of legal assistance. Catherine Catherine can be reached at [email protected].
FRIDAY,
JUNE :1730 PM PM -7 5:30 , MEMBER The Stand APPRECIATION Encino DINNER jjoinoin uuss fforor a ccasualasual ddinnerinner oonn tthehe ppatio.atio.
www.sfvba.org JUNE 2016 ■ Valley Lawyer 11 TThehe EEmergingmerging LLocalityocality ooff IInternationalnternational LLawaw
By Jonathan Arnold
ET’S START WITH WHAT’S fi nancial transactions regarding Cuba. International Commercial Terms happening across the Atlantic. Meanwhile, abutting the Pacifi c, the Let’s use the UCC as a jumping off The United Kingdom is abuzz North American Free Trade Agreement point. Pursuant to state-specifi c with “Brexit,” whereby there may be (NAFTA) continues apace. enactments, Article 2 contains some a referendum on anything ranging Most recently, with the emergent ready-to-use shipping terms, one of from an all-out exit by Britain from the Trans Pacifi c Partnership (TPP) and the most familiar of which is Free on European Union to a renegotiation the correlative increase in international Board (FOB) at the named location. of the scope and terms of England trade that is sure to further develop, it Utilization of FOB, with the named remaining. has become more important than ever place, generally determines whether On this side of the pond, the U.S. for transactional attorneys in California a particular contract contains a set Department of Commerce’s Bureau to become not only fl uent with the of delivery or destination obligations of Industry and Security and the Uniform Commercial Code (UCC), but in connection with shipped goods. Department of the Treasury’s Offi ce of also more familiar with some of the key However, agreements where one of Foreign Assets Control is progressively norms of private international law and the parties, or one or more of the revising export restrictions and the application of same to international shipment destinations, is outside of expanding the range of authorized commercial contracting. the United States typically rely upon
Jonathan Arnold is an attorney with Boeing. He may be reached at [email protected].
12 Valley Lawyer ■ JUNE 2016 www.sfvba.org International Commercial Terms, which a bank to agree to provide a letter of are published by the International credit. Second, many banks follow Chamber of Commerce. a known custom and practice in The Emerging Locality The utility of these terms (the the banking industry known as the most recent set are known as Uniform Customs and Practice for INCOTERMS® 2010) is that they Documentary Credits (UCP) and UCC of International Law provide for more specifi cally defi ned §5-116(c) specifi cally contemplates obligations for both the seller and the application of the UCP—which is buyer. This is especially relevant in the currently UCP 600. arena of international transportation, The third is application of the which necessarily includes who-is- independence principle when an issuer supposed-to-do-what when it comes of a letter of credit (i.e., the buyer’s to export and import obligations. The bank) is provided with the proper INCOTERMS® 2010 also speak to documents by the seller, the issuer insurance, risk of loss and all the other pays the seller out of the issuer’s own valences that may come into play with liquid assets, thereby providing some international shipments. protection against a buyer’s insolvency For example, utilization of Free (though this subissue alone could also Carrier (FCA) generally requires that be the subject of a treatise). the seller deliver the subject goods, cleared for export, to the carrier that Choice of Law has been named by the buyer to be Now, we’ll turn to one of the heavy authorized to pick up the goods at the hitters—choice of law. Absent a seller’s premises or some other named clear choice of law provision in an place. FCA obligates the buyer to international agreement (or, arguably, assume all risks and costs associated one that is ultimately inapplicable with delivery of goods to the fi nal due to the totality of the contracting destination, including any and all circumstances), a default position transportation after seller’s delivery to taken by many courts is that the the named carrier, as well to pay any United Nations Convention on customs fees to import the goods into Contracts for the International Sale a foreign country. of Goods (CISG) will apply. Similar in many respects as to form as the UCC, Letters of Credit the CISG was developed by the United Returning to the UCC and again Nations Commission on International pursuant to state-specifi c enactments, Trade Law. Article 5 of the UCC contains a The CISG was agreed to in Vienna statutory scheme in connection with in 1980 and came into force in 1988, letters of credit: a specifi c undertaking so it’s relatively new. While case law by an issuer—typically the buying interpreting many of its provisions (e.g., party’s bank—whereby the party Art. 19) remains a work in progress, entitled to draw against the letter the CISG is generally more favorable of credit—typically the seller or the to the seller, as opposed to the UCC, seller’s agent—may do so once certain which tends to favor the buyer. Art. conditions precedent have occurred. In 6 of the CISG provides, in pertinent many international transactions, this is part, that, “[t]he parties may exclude usually by presentation of documents the application of this Convention (e.g., shipping documents) that strictly or…derogate from or vary the effect of conform to the terms of the applicable any of its provisions.” letter of credit. One takeaway from this is that a The utility of letters of credit are clear choice of law provision should threefold. First, they show that a be drafted into any agreement where buyer is suffi ciently creditworthy for either the buyer or a delivery point is
www.sfvba.org JUNE 2016 ■ Valley Lawyer 13 outside of the United States. Another on the above, a typical subset of regarding choice of law. Any is that even with today’s nearly direct provisions might look like: Dispute that has been unable communications capabilities (e.g., to be resolved by the Parties Skype), most international agreements Concurrent with the execution pursuant to this Agreement shall have very involved sets of correlative of this Agreement, Buyer shall be brought in the federal or state performance obligations. deliver to Seller a confi rmed and courts, as applicable, in Los There is also the ever-present irrevocable letter of credit from Angeles County, California and urtext of differing legal cultures, Buyer’s bank for the amount each Party irrevocable submits often running long the lines of of the total Purchase Price to the exercise of jurisdiction and either common law versus civil hereinabove and Buyer shall venue of such courts. law, or different national traditions. instruct Buyer’s bank to make For example, the second party is payment(s) to Seller in U.S. Buyer expressly and irrevocably a German company, conditioned dollars against the letter of credit agrees to waive any claim to by the norms of the Bürgerliches in accordance with the terms immunity based on being an Gesetzbuch—essentially the civil code thereof in the form attached agency, instrumentality or organ of Germany. In light of this, any choice hereto as Exhibit X (Letter of of a government regarding any of law provision should be linked with Credit). The Letter of Credit shall proceedings to commence an escalation provision so that the be valid until all payments under litigation or arbitration or enforce parties’ respective representatives the Agreement are made to Seller. any award of any court or can progressively discuss any and Should the validity period of tribunal brought pursuant to this all issues, and then must exhaust said Letter of Credit expire prior Agreement. Buyer’s waiver herein whatever regime is specifi cally thereto, Buyer shall arrange for includes, but is not necessarily contemplated by the operative the validity period to be extended limited to, any claim of immunity agreement prior to any party resorting until all such payments have been from service of process, immunity to arbitration or litigation. made. Such payment(s) shall be of jurisdiction and immunity of Also, what if your California made upon demand and without any of Buyer’s property from levy client is selling something to a large any administrative and/or judicial and/or execution. international entity? Imagine, if you action. All charges related to the will, that AT&T stands for Australian Letter of Credit shall be borne by Exports Telephone & Telegraph and that the the Buyer. Finally, remember that this has been government of the Commonwealth about selling something internationally of Australia maintains a 20% stake Shipment shall be FCA Seller’s and any item that is sent from in AT&T. Things start off well but facility, Van Nuys, California the United States to any foreign differences as to the performance (INCOTERMS® 2010). locale is deemed to be an export. specifi cations of what your client is And something being an export selling to AT&T reach an impasse. In the event of any dispute, triggers application of U.S. export Your client seeks to commence claim or controversy arising controls—most typically those of the arbitration but AT&T refuses to even out of or in any way related to Department of Commerce, less often accept service, claiming sovereign this Agreement, including any the Department of State. immunity. question as to the formation, Most exports will proceed under Whenever working with a validity, interpretation, the auspices of the Department of parastatal entity (government owned performance, breach or Commerce and, thankfully, most companies or companies funded or termination (Dispute), the Parties exports probably will not require a secured by state investment), it is a shall attempt to resolve such license. However, every seller that very good idea to have a waiver of Dispute as outlined herein. exports (and every seller’s counsel) sovereign immunity provision. This should at least be aware of this. will serve to preclude a buyer of your The U.N. Convention on the Do not merely rely upon a freight client’s goods from raising defenses International Sale of Goods shall forwarder, if for no other reason to to jurisdiction, execution pursuant not apply to this Agreement. This see that the paperwork required to be to judgment and/or award, and Agreement shall be governed tendered by the seller to the buyer in ultimately enforcement of execution in and construed according to the our FCA scenario has run according any nation where the prevailing party laws of the State of California, to plan…and to the operative may seek to attach assets. So based excluding from such law the rules agreement.
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www.sfvba.org JUNE 2016 ■ Valley Lawyer 15 Get Online, Not in Line: LLosos AAngelesngeles SSuperioruperior CCourt’sourt’s TTechnologye chnology InnovationsInnovations
By Judge Michelle Williams Court and Judge Samantha P. Jessner
16 Valley Lawyer ■ JUNE 2016 www.sfvba.org By reading this article and answering the accompanying test questions, you can earn one MCLE credit. To apply for the credit, please follow the instructions on the test answer form on page 25.
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www.sfvba.org JUNE 2016 ■ Valley Lawyer 17 HE LOS ANGELES SUPERIOR COURT (LASC) 2 For decades, the court has had no fewer than 12 different is improving its technology and technological functions case management systems. Because the 12 systems do in signifi cant ways. This article will discuss the not communicate with each other, there are essentially 40 technological innovations that have been implemented and data repositories of case information. By the end of 2017, those that will be implemented in the near future. In addition, the LASC will have new case management systems in this article will discuss why the court has prioritized technology each division (Civil, Criminal, Juvenile, Probate, and Family upgrades and how the improvements will be funded. Law), most of which will be able to communicate with If you have recently used the services of the court each other. either as a litigant or an attorney representing a litigant, you have no doubt noticed some of the LASC’s technological 3 In adoption proceedings, although it sounds apocryphal, improvements. For example, if you have (unfortunately) received the court has never had a computerized case a traffi c ticket, you may have noticed that the LASC now has management system. As a result, all adoption records an avatar on its website (www.lacourt.org) that helps parties are maintained either by handwritten record or in an Excel through the process of paying a ticket and other procedures. spreadsheet. This means that many adoption records are In addition, the avatar answers frequently asked questions. maintained the same way they were more than a hundred If you have fi led a motion in a civil courtroom, you have used years ago. the Court Reservation System (CRS) to calendar the motion 4 The most fun fact: the LASC maintains paper fi les that, and pay the fi ling fee—the closest the court can get to the if they were stacked one on top of the other, would be Open Table app where one can make a restaurant reservation thirteen times taller than Mt. Everest! online. If you practice regularly in the personal injury departments, By the end of 2017, with the installation of new case you may have delivered your fi ling to the court electronically management systems for all case types, which will include rather than have a bike messenger wend her way through electronic fi ling, we will begin to get rid of the reams of paper traffi c in a mad dash to get to the courthouse before it closes. that the court must store. In addition, all documents, fi lings, These are a few examples of technological upgrades intended and data in every type of case will be electronically stored in to enable the court and practitioners to work more effi ciently state-of-the-art computer systems (in other words, not DOS). and in a more cost-effective way and to increase access to Finally, litigants and lawyers will easily be able to transmit justice. documents to the court by means of electronic delivery and fi ling. Why Is the LASC Prioritizing Technology Upgrades and Innovations? Given Recent Budget Cuts, How Can the Court Afford to The court’s decision to prioritize technology improvements is Upgrade Technology? not without signifi cant costs. But to understand how essential Given the unprecedented budget cuts in recent years that technology upgrades are to maintaining the fundamental have greatly affected courts throughout California, one might functions of the largest court system in the country, one must wonder how the LASC can afford to invest in the technological have an appreciation for where the court was in terms of innovations discussed in this article. A big part of the answer technology not that long ago. Here are some fun facts that is that several years ago a decision was made that courts show how important technology improvements are to the LASC. in California are required to keep only 1% of their budget in 1 The current case management systems for the Civil and reserve. Previously, a court could keep an unlimited amount in Probate Divisions are DOS-based (short for disk operating reserve. In other words, individual courts could independently system). Some readers of this article are too young to decide how much they wanted to save for a rainy day. remember DOS because it has been out of commission As part of this policy change, the year-end funds cannot since 2000, although the LASC kept using it. exceed 1% of a court’s budget. As a result, two years ago LASC had to spend its reserve funds or lose them. Because these monies are only available once, they cannot be spent on a continuing expense such as an employee’s salary.
Judge Michelle Williams Court and Judge Samantha P. Jessner are judges in the Civil Division of the Los Angeles Superior Court and Vice-Chairs of the court’s Technology Committee, chaired by Assistant Presiding Judge Daniel J. Buckley.
18 Valley Lawyer ■ JUNE 2016 www.sfvba.org www.sfvba.org JUNE 2016 ■ Valley Lawyer 19 The Executive Committee of the LASC, after extensive heavy”). Each judicial offi cer determines how many motions of consideration and analysis, chose to prioritize technological a particular weight she is able to hear per day and what days improvements, among other expenses and projects, in she wants to hear certain types of motions. The availability of spending what the court refers to as one-time funds. dates on CRS is based on this criterion. The court’s goals in upgrading technology are to create Once attorneys and court staff grew accustomed to
cost savings, to increase effi ciencies in light of the loss of using CRS, it became evident that CRS does save courtroom courthouses, courtrooms, and staff, and to increase access staff members’ time. As a result, CRS frees up courtroom to justice. staff to concentrate on the many other tasks created by swollen dockets in civil courtrooms. The court then Technology Innovations the Court Has Implemented gradually expanded CRS to unlimited courtrooms in district courthouses and a handful of other courtrooms in the Mosk Court Reservation System courthouse. In response to the budget cuts of several years ago, the The Court Technology Services elicited feedback from LASC not only was forced to lay off employees but also to staff and judicial offi cers in courtrooms that had implemented close courthouses. Because the number of cases the LASC CRS and made changes and improvements to CRS as handles did not change, the court was forced to fi gure out a result of the feedback received. In January 2016, the how to do more with less. In other words, the court had to court implemented the latest version of CRS in all general fi gure out how to work smarter, better, and more effi ciently jurisdiction courtrooms. Although CRS has taken some with fewer resources. To that end, the court developed its getting used to by litigants, court staff, and judicial offi cers, own court reservation system (CRS). CRS is an online system it has enabled courtroom staff to work more effi ciently and that enables parties in civil limited and unlimited jurisdiction allowed litigants to easily make and change hearing dates. courts to reserve motion hearing dates. In the past, if a party wanted to secure a motion date for PI E-Delivery On March 1, 2016, the LASC implemented an electronic a hearing, the party had to telephone the court and confer delivery pilot project in the personal injury courts located in with the courtroom assistant. This meant that staff spent a the Mosk courthouse and the Antonovich courthouse in the considerable portion of the day answering the phone and Antelope Valley. The project is called PI E-Delivery. It enables fi nding a mutually convenient motion date with a party on a party to deliver a fi ling to the court electronically. The goals the telephone. In 2013, in response to budget cuts, the of this project are (1) to begin to transition the court and court LASC hubbed all of the personal injury cases fi led in the users to fi ling documents electronically and using electronic LASC (except PI cases fi led in the Antelope Valley) into three records as the offi cial court record; (2) to prepare for the courtrooms in the Mosk courthouse. (There are now fi ve PI launch of the new case management system later this year, courtrooms.) which will eventually include e-fi ling capabilities; and (3) to At the time, approximately 15,000 PI cases were being decrease the lines at the fi ling windows, or, as we like to say, handled in three courtrooms. (The number of PI case fi lings to get fi lers out of line and online. has increased since 2013.) Because of the number of cases PI E-Delivery requires that the fi ling party deliver or and the loss of staff, the LASC was forced to develop a way transmit an electronic version of the fi ling/document (usually for parties to obtain motion reservation dates without having a PDF) and any fees associated with the fi ling to an E-Filing to call an already overburdened staff that was handling about Manager (EFM). The EFM then transmits the fi ling and fees 5,000 cases in each department. (At the time, telephone to the court. (The procedures for PI E-Delivery can be found hours for each courtroom were limited to about two hours per on the court’s website.) Upon receipt of the document by the day.) court, the court sends the fi ling party a Notice of Receipt of The answer was to develop an online court reservation Documents by email, which includes an identifying number. system enabling parties to reserve motion dates without If the fi ling is submitted in correct form, the court will having to coordinate with a staff member in a courtroom. The accept it for fi ling and send an email notifying the submitting LASC’s Court Technology Services department (headed by party of the fact that it has been accepted for fi ling. In Snorri Ogata, the court’s Chief Information Offi cer) developed addition, the court will email an electronic conformed copy the fi rst iteration of CRS (fondly referred to as Chris). of the document(s). If the fi ling is rejected for some reason, Every type of motion is given a weight which is the court will send the submitting party an email notifying the determined by the amount of work involved for the research party of the rejection. If the document is accepted, it is stored attorney and the judicial offi cer in preparing the motion for in the court’s document management system. hearing and decision (e.g., a motion to be relieved as counsel Essentially, the PI E-Delivery project replaces two is “extra light” and a motion for summary judgment is “extra procedures, fax fi ling and having to send a bike or other
20 Valley Lawyer ■ JUNE 2016 www.sfvba.org messenger to the courthouse to fi le documents with the court. As of March 1, 2016, the court no longer accepts fax fi lings in general jurisdiction personal injury cases. However, a litigant can still fi le at the fi ling window in the Mosk courthouse and the Antonovich Antelope Valley courthouse. There are fees associated with the PI E-Delivery project. There is a $4.95 convenience fee that is paid to the third party (EFSP or EFM). If a customer doesn’t use the third party vendor’s payment system, the cost is 2.75% of the fi ling and/or fi rst paper fee, plus the $4.95 convenience fee. There are some limitations on the types of documents that can be submitted to the court by means of the PI E-Delivery system. Specifi cally, the following documents cannot be submitted:
Documents involving an attorney-client fee dispute Any fi ling where the fi ling party is legally incompetent, is a guardian ad litem, or is under a conservatorship Request to Waive Court Fees (FW-001) Request For Accommodations By Persons With Disabilities (MC-410) Civil Deposit Form (LACIV 083) Documents in a PI case deemed complicated and transferred to an independent calendar court
Along with the development of the PI E-Delivery project, the court also developed a program that enables the personal injury judicial offi cers to access and view all of the documents in a case fi le online. In addition, it allows a judicial offi cer to make notes or annotations regarding documents in the system. TURNER’S APPRAISALS It also allows the judicial offi cer to receive legal memoranda from research attorneys and review and make changes to IRS Qualified and these work-ups. This system is called Judicial BenchView. As a result of the functionality of Judicial BenchView, rather California State than having to pick up a large stack of pleadings to review and analyze a motion and prepare a tentative ruling (and perhaps Certified Residential lug it home over the weekend), the judicial offi cer is able to Real Estate Appraiser review all pleadings online, annotate and highlight if desired, review the research attorney’s memoranda, and prepare a tentative ruling. The judicial offi cer can also access the Judicial BenchView from the bench during a hearing or proceeding. In Mike Turner (818) 384-6869 short, the Judicial BenchView enables a judicial offi cer to work www.TurnersAppraisals.com in a paperless environment if she wishes. As of the time of writing of this article, over 300 law fi rms Appraisals For and attorney services have signed up to use the PI E-Delivery Bankruptcy Mediation portal. In addition, the number of fi lings using the PI E-Delivery Date of Death Prenup Agreement portal has increased every week in the approximately six weeks Divorce Probate that the project has been available as attorneys become more Estate & Portfolio familiar with this service and how to use it. Retrospective The PI E-Delivery portal is the fi rst step toward decreasing and someday eliminating those Everest-sized stacks of paper and toward court users, judicial offi cers, and staff working in a paperless or nearly paperless environment. www.sfvba.org JUNE 2016 ■ Valley Lawyer 21 Technology Innovations the Court Plans to Implement in evidence that has been electronically recorded in some the Future fashion, whether it is a voicemail message on a cell phone, a scene fi lmed with a cell phone, a photo taken with a cell Case Management Systems and E-Filing phone, or some other type of digital recording. By the end of 2017, the LASC will move from 40 different Historically, if an attorney or party wished to present databases in 12 case management systems that do not digitally recorded evidence or an electronic presentation, the easily communicate with each other, if at all, to a new case attorney or party had to bring equipment to the courtroom management system in each case type-Civil (including to play or display the evidence. This will no longer be the Unlimited, Limited, and Small Claims), Criminal (including case in certain courtrooms. The LASC is installing a Digital Traffi c), Probate (including Mental Health), Family Law, and Evidence Presentation System in a number of courtrooms Juvenile. The Appellate section will be a hybrid of Civil and that often hold criminal or domestic violence trials or Criminal given its docket. evidentiary hearings. The system comprises a document The court’s schedule for implementation is ambitious. The camera, laptop hookups for the attorneys, large screen LCD estimated implementation dates are as follows: TVs for viewing, and controls for the judge to deactivate the devices if necessary. May 2016 Probate The court will provide litigants and court staff with May 2016 Civil Small Claims training materials and guides that explain how the system September 2016 Limited Civil works and what adaptors or cords must be provided by the October 2016 Traffi c litigants to enable them to play or show digital recordings November 2016 Unlimited Civil and evidence. The intent is to enable litigants to present February 2017 Juvenile evidence to the fact fi nder in an easy and reliable manner July 2017 Family Law and have continuity of equipment throughout the County. It August 2017 Mental Health is anticipated that the Digital Evidence Presentation Systems September 2017 Criminal will be installed by this summer.
The companies with which the court has contracted to LASC Website design and implement new case management systems allow Most people rely on technology in some way every day. for a good deal of customization so that the case management It has become more and more common, especially system product is designed to fi t the needs of the LASC and its in metropolitan areas like Los Angeles, to conduct constituents. For over a year, the court has reassigned subject both personal and business transactions electronically matter experts (SMEs) from all aspects of court operations using computers, smart phones and tablets. And this (e.g., management, judicial assistants, clerk’s offi ce personnel) transformation makes sense—it saves valuable time and to work offsite with these two vendors to work through every resources and provides the opportunity to engage in real aspect of the court’s case management processes to design time transactions to create effi ciencies in everyday life. case management systems that will create effi ciencies and function smoothly while forging the path to eventual paperless Access to Justice courtrooms. The LASC has turned to technology to help it fulfi l its mission In addition, for each case management system, either the to serve the community by providing equal access to justice vendor or the LASC’s Court Technology Services department to the public in the face of persistent budget constraints. has designed a Judicial BenchView program enabling the In addition to hardware and case management software judicial offi cer to view all fi lings and court documents online improvements (some of which are discussed herein), the in the courtroom, chambers, and remotely, to annotate and court has also implemented a plan to optimize its online highlight documents, and to receive and review memoranda presence using the website. and other documents from research attorneys. These improvements are not simply limited to organization and design. In updating and upgrading the Courtroom Technology website, the court has added functionality to ease the In most trials or evidentiary hearings, some evidence, if not all, burden on the public in accessing information and services. is presented in electronic form. For example, in the digital and These innovations benefi t attorneys, self-represented litigants visual world that we live in, jurors expect to see a PowerPoint and the public at large. presentation during closing argument. With the increase in the use of body cameras by law enforcement, it is anticipated Get Online, Not In Line! that digital recordings will be admitted with more frequency In March 2015, the court launched its “Get online, not in in criminal trials. Attorneys and parties often seek to admit line!” campaign designed to encourage court users to take
22 Valley Lawyer ■ JUNE 2016 www.sfvba.org advantage of the services offered on the court’s website, saving litigants, attorneys, and others time and money. The best tangible example of the effect of these innovations to date is the way the court has leveraged its online presence to provide services and information to users concerning traffi c matters. The upgrade started with a redesign–the traffi c page offers a comprehensive traffi c questions and answers section and an interactive online assistant created to provide a more tailored experience for the customer. The assistant guides the customer through the traffi c pages while asking questions and giving instructions in order to provide information and options specifi c to the user’s traffi c situation. Instructions are provided in English, Armenian, Chinese, Korean, Spanish, and Vietnamese. Services available include: payment and closing of tickets, requests for payment plans, extension requests, traffi c school applications, court date reservations, and ticket status updates. This automated assistant provides audio assistance in all six languages and walks the user through various screens providing information and prompts that aid the user with the completion of the service requested. Prior to the implementation of these features, customers were required to appear before a judicial offi cer to make requests for payment plans and partial payments could only be made at a courthouse. Now, customers have the option of conducting this business using the website or by way of an in-person visit to a courthouse. The impact of these improvements is clear. At the Metropolitan courthouse in downtown Los Angeles, the busiest courthouse handling traffi c matters, wait time has gone from hours to minutes on most days. Innovations in the way the court serves the public in traffi c matters is just one of many ways in which the court is implementing technological enhancements to provide improved access to justice. Improvements in the website have been made across the board in every case type. In the next sections, the article will summarize the website improvements and innovations with an emphasis on those features most applicable to civil practitioners.
Design For those of you who remember the old website design, the new design is a breath of fresh air. The template is the same basic template used by the Judicial Council and many other Superior Court websites across the state. It is informative, organized and user-friendly for novices and experienced internet users alike. Court users can access the home page at www.lacourt. org. The homepage includes quick links to commonly sought information, such as case summaries and case calendars, the ever-popular court date calculator, information concerning remote appearances, and the fi ling court locator. Information www.sfvba.org JUNE 2016 ■ Valley Lawyer 23 concerning online services, forms and fi lings, self-help, jury courthouse, navigate to the court resources tab. There duty and division specifi c information can be accessed by you will fi nd links to every Los Angeles County courthouse, selecting the corresponding tab at the top of the home page. which in turn provide contact and location information as well as access to Google Maps driving directions, and a brief Civil Division description of parking options and other services available at The most effi cient way to access information and services that location. available relevant to civil cases is to navigate to the Civil You will also obtain access to PDF copies of relevant Division page (from the homepage, select the Divisions court approved local forms, like the Motion/Opposition/ tab and then select the link to the Civil Division page). This Stipulation to Transfer Complicated PI Case to IC Court and page provides access to a trove of information and services Order, Informal Discovery Conference form, and Request essential to civil practitioners, including online services, for Refund form. The Los Angeles Superior Court Local information concerning the specialty courts, court resources, Rules and current fee schedule can also be accessed from other services and information, news and notices and the this page. civil Q&A. Other Services and Information Online Services This section includes links to the case number prefi x matrix, The new website is designed to be a powerful tool to assist information about expedited jury trials and instructions for attorneys and the parties in litigating their matters. Available those wishing to make an appearance in a matter using online services include access to civil case document images, CourtCall. It also includes links to useful tools for litigators party name search, CRS, case calendar, case summary, like model protective orders, effi cient litigation stipulations, courtroom information, fi ling court locator, personal injury e- and agreements concerning discovery conferences and Delivery and tentative rulings. motions in limine. Are you looking for the courtroom email address or telephone number? Do you want to know how your judge News and Notices handles ex parte applications, law and motion or trials? The court periodically issues news releases and notices Not sure about the e-Delivery project and how to fi le your concerning court-related activities, changes and projects. documents? Online services is the place to go for answers This page contains a repository of news releases and to all of these questions, assistance in fi ling documents via notices to attorneys issued by the court as well as the e-Delivery, making hearing reservations and more. posting of public notices relating to court events, annual reports and other court publications. Specialty Courts To facilitate uniform dissemination of information about the Civil Q&A way the specialty courts operate, the court dedicated a This section includes answers to basic questions about civil section of the Civil Division page to links to pages dedicated litigation. While geared toward self-represented litigants, this to each of the civil specialty courts—complex civil litigation, section might prove useful to less experienced practitioners unlawful detainer, general jurisdiction personal injury, limited as well. civil collections, limited civil non-collections and settlement. Each page includes information and links to additional The Los Angeles Superior Court is the largest court resources of value to attorneys practicing in those courts. system in the United States, serving 9.5 million people living For example, the Complex Litigation Program page and doing business within 4,000 square miles. Its ability to features an overview of the Program and links to important fulfi ll its mission to provide equal access to justice depends documents like the complex civil case questionnaire, initial on the effi cient use of resources, especially technological status conference order, and model protective orders. The resources. General Jurisdiction Personal Injury page includes links to all By the end of 2017, the LASC will offer electronic fi ling of the General Orders and Notices to Attorneys applicable to in all case types and will have the technological capacity to cases pending in the personal injury hub. And the Settlement store all court records electronically. The LASC website will Programs page provides an explanation of the parameters of continue to evolve to meet the needs of court users, many the settlement program, a list of settlement offi cers and a link of whom conduct daily business regularly over the internet to the settlement conference intake form. using smart phones, tablets and other portable devices. And the court will continue its valued partnerships with the Court Resources bar, justice partners and other stakeholders to meet the If you need a LASC civil form or directions to your important and changing needs of the community.
24 Valley Lawyer ■ JUNE 2016 www.sfvba.org MCLE Answer Sheet No. 92 Test No. 92 INSTRUCTIONS: 1. Accurately complete this form. This self-study activity has been approved for Minimum Continuing Legal Education 2. Study the MCLE article in this issue. (MCLE) credit by the San Fernando Valley Bar Association (SFVBA) in the amount of 1 3. Answer the test questions by marking the hour. SFVBA certifies that this activity conforms to the standards for approved education appropriate boxes below. activities prescribed by the rules and regulations of the State Bar of California governing 4. Mail this form and the $20 testing fee for SFVBA members (or $30 for non-SFVBA minimum continuing legal education. members) to: San Fernando Valley Bar Association 1. An avatar is available on the 11. Judges will not be able to deactivate 5567 Reseda Boulevard, Suite 200 LASC website to help traffic ticket the devices in the new Digital Tarzana, CA 91356 recipients pay their fine. Evidence Presentation System. ❑ True ❑ False ❑ True ❑ False METHOD OF PAYMENT: Check or money order payable to “SFVBA” 2. Currently, LASC maintains all 12. The LASC homepage provides Please charge my credit card for $______. adoption records by handwritten quick links to case summaries, case calendars, information concerning record or an Excel spreadsheet. ______remote appearances, and the filing ❑ True ❑ False Credit Card Number Exp. Date court locator. 3. The court has yet to implement its ❑ True ❑ False ______Authorized Signature own court reservation system (CRS). 13. Court users can access the homepage ❑ True ❑ False at www.lacourt.org. 5. Make a copy of this completed form for ❑ True ❑ False your records. 4. Documents involving an attorney- 6. Correct answers and a CLE certificate will client fee dispute or a request to 14. The most efficient way to access be mailed to you within 2 weeks. If you waive court fees cannot be have any questions, please contact our information and services relevant to office at (818) 227-0490, ext. 105. submitted to the court via the civil cases is to navigate to the Civil PI E-Delivery system. Division page. Name______❑ True ❑ False ❑ True ❑ False Law Firm/Organization______5. The Judicial BenchView system 15. Available online services include Address______allows judicial officers to receive legal access to civil case document City______State/Zip______memoranda from research attorneys. images, party name search, CRS, case calendar, case summary, courtroom Email______❑ True ❑ False Phone______information, filing court locator, State Bar No.______6. At the time of writing this article, and PI e-Delivery. only 100 law firms and attorney ❑ True ❑ False ANSWERS: services have signed up to use Mark your answers by checking the appropriate 16. You cannot find courtroom email box. Each question only has one answer. the PI E-Delivery portal. addresses or telephone numbers ❑ ❑ ❑ True ❑ False with the new online services. 1. True False ❑ True ❑ False 2. ❑ True ❑False 7. The PI E-Delivery portal is the 3. ❑ True ❑ False first step toward decreasing, and 17. Initial status conference order and someday eliminating, the Everest- model protective orders will be 4. ❑ True ❑ False sized stack of paper the court uses. provided via a link on the Complex 5. ❑ True ❑ False ❑ True ❑ False Litigation Program page. 6. ❑ True ❑ False ❑ True ❑ False 8. The new case management system 7. ❑ True ❑ False for Family Law cases is estimated to 18. You will be able to obtain PDF copies 8. ❑ True ❑ False be implemented in July 2017. of relevant court approved local forms 9. ❑ True ❑ False when you navigate over to the court ❑ True ❑ False ❑ ❑ resources tab. 10. True False 9. In most trials or evidentiary hearings, ❑ True ❑ False 11. ❑ True ❑ False some evidence, if not all, is presented 12. ❑ True ❑ False 19. Useful tools for litigators, like model in electronic form. protective orders, can be found 13. ❑ True ❑ False ❑ True ❑ False under the LASC webpage titled Other 14. ❑ True ❑ False 10. Historically, an attorney wishing to Services and Information. 15. ❑ True ❑ False ❑ True ❑ False present digitally recorded evidence 16. ❑ True ❑ False had to bring their own equipment 20. By the end of 2017, the LASC will offer 17. ❑ True ❑ False into the courtroom to play or display electronic filing in all case types and 18. ❑ True ❑ False the evidence. will have the technical capacity to ❑ ❑ ❑ True ❑ False store all court records electronically. 19. True False ❑ True ❑ False 20. ❑ True ❑ False www.sfvba.org JUNE 2016 ■ Valley Lawyer 25 The Bare Facts: Lawyers Defend Free Speech and the Valley’s Adult Entertainment Industry
By Elizabeth Post
26 Valley Lawyer ■ JUNE 2016 www.sfvba.org OR MANY YEARS, THE SAN FERNANDO VALLEY Fernando Valley. At the same time, free content available was the hub of the adult entertainment industry, on the internet, rampant content piracy, a greater tolerance home to hundreds, perhaps thousands, of adult fi lm nationwide for the production of adult content, increased studios, websites, adult “toy” makers, phone sex companies, competition, and an upsurge in local regulation, such as the and porn magazines. The Valley’s status was underscored passage of Los Angeles County’s Measure B, have slowed when the communities of Reseda and Van Nuys served as the local adult fi lm production considerably in recent years. In backdrop for Boogie Nights, the Academy Award-nominated 2012, when Measure B passed, 480 fi lm permits were issued fi lm that chronicled the porn movie industry of the late 1970s by FilmL.A. (the nonprofi t that processes on-location fi lm and early 1980s. permits). Between 2013 and 2015, no more than 40 were Adult entertainment nested in the Valley in the mid-1900s. issued annually. The area was close enough to Hollywood so fi lmmakers could The Canoga Park-headquartered Free Speech Coalition obtain necessary fi lm equipment and assistance provided, (FSC) is the adult entertainment industry’s trade association often incognito, from persons knowledgeable in pre- and post- and legal watchdog. Since its founding in 1991, the FSC’s production work needed to make a fi lm. But the outer reaches positions and issues have been defended and championed of the Valley, such as Chatsworth and Canoga Park, were by a cadre of lawyers in California and across the nation who sparsely populated and far enough from urban Los Angeles, so are dedicated to advocating for free speech and the First that pornographers could avoid public attention and the reach Amendment. of police and other law enforcement. In the following report, Valley Lawyer profi les some key Today, industry leaders, including Vivid Entertainment legal issues faced by the adult entertainment industry in the with its global headquarters in Universal City and Chatsworth- San Fernando Valley and the lawyers who represent the based AVN Media Network, employ thousands in the San industry in legislatures and courts across the nation.
Measure B Measure B—The Safer Sex in the Adult Film Industry Act—was passed in 2012 by Los Angeles County voters, garnering about 57 percent of the total votes cast. The Act requires adult fi lm performers to use condoms while engaged in sex acts. Prominent First Amendment defense attorney H. Louis Sirkin has been involved in litigation over Measure B, which settled earlier this year. Though the settlement upheld the condom requirement, he says, many provisions of Measure HH.. LouisLouis SirkinSirkin wwasas rraisedaised iinn CCincinnati,incinnati, OOhio.hio. HHee B were determined to be unconstitutional, and enforcement rreceivedeceived a B.A.B.A. inin PoliticalPolitical ScienceScience inin 19621962 andand a J.D.J.D. inin of the condom requirement is not likely to occur for several 11965965 ffromrom tthehe UUniversityniversity ooff CCincinnati.incinnati. AAdmitteddmitted iinn 11965,965, years. hhisis practicepractice isis primarilyprimarily criminal,criminal, withwith anan emphasisemphasis onon According to Sirkin, “Its requirements inhibit actors, writers wwhitehite collarcollar crime,crime, civilcivil rights,rights, andand constitutionalconstitutional law,law, inin and producers from exercising their free choice in expressing pparticulararticular FFirstirst AAmendmentmendment iissues.ssues. their message regarding human sexual behavior, in violation of SirkinSirkin bbeganegan rrepresentingepresenting cclientslients iinn tthehe aadultdult iindustryndustry their constitutional right to free expression protected by the First ddueue ttoo hhisis sstrongtrong ddesireesire ttoo ppreventrevent ccensorship,ensorship, wwhichhich hhee vviewsiews aass a tthreathreat ttoo ffreedomreedom aandnd llibertyiberty aandnd tthehe ““cancercancer Amendment and also their right of free association.” ooff ddemocracy.”emocracy.” IInn 11990,990, hhee rrepresentedepresented DDennisennis BBarrie,arrie, Measure B, he states, “also infringes upon their right to DDirectorirector ofof Cincinnati’sCincinnati’s ContemporaryContemporary ArtArt Gallery,Gallery, whowho privacy protected by the Fourth Amendment and their right to wwasas indictedindicted forfor obscenityobscenity inin thethe RobertRobert MapplethorpeMapplethorpe substantive due process protected by the Fifth and Fourteenth eexhibitionxhibition entitledentitled “The“The PerfectPerfect Moment.”Moment.” ThisThis year,year, hishis Amendments to the U.S. Constitution. In a free society an aacquittalcquittal celebratescelebrates itsits 25th25th anniversaryanniversary andand thethe LosLos individual has the fundamental right to self-determination AAngelesngeles CountyCounty ArtArt MuseumMuseum andand GettyGetty CenterCenter areare and choice in the manner in which he or she performs in the ccurrentlyurrently ppresentingresenting a jjointoint eexhibitionxhibition ooff MMapplethorpe’sapplethorpe’s performing arts.” wworks.orks. Free Speech Coalition Executive Director Eric Paul Leue, Sirkin’sSirkin’s mostmost notablenotable accomplishmentaccomplishment waswas hishis adds, “I believe it is important that we realize that an industry 22002002 vvictoryictory bbeforeefore thethe UUnitednited SStatestates SSupremeupreme CCourtourt iinn AAshcroftshcroft vv.. FreeFree SpeechSpeech CoalitionCoalition. TThehe CCourtourt sstrucktruck ddownown that has successfully self-regulated and coexisted for decades ttwowo ooverbroadverbroad pprovisionsrovisions ooff tthehe CChildhild PPornographyornography is being pushed underground. Thousands of jobs, tens to PPreventionrevention AActct ooff 11996996 tthathat aabridgedbridged ““freedomfreedom ttoo hundreds of millions of dollars in lost tax revenue, and what we eengagengage iinn a ssubstantialubstantial aamountmount ooff llawfulawful sspeech.”peech.” call a true ‘lawsuit bonanza.’” www.sfvba.org JUNE 2016 ■ Valley Lawyer 27 State Ballot Initiative California’s Condoms in Pornographic Films Initiative will be one of potentially eighteen measures on the upcoming November ballot. The measure would require use of condoms and other protective measures during pornographic fi lming, and compel pornography producers to pay for certain health services and checkups. The measure was proposed by AIDS Healthcare Foundation President Michael Weinstein and authored by Valley Jeffrey J. Douglas of Santa Monica practices criminal attorney Bradley W. Hertz. It is opposed by the Free Speech ddefenseefense inin statestate andand federalfederal courts.courts. HeHe receivedreceived Coalition and the Valley Industry and Commerce Association a B.A.B.A. withwith highhigh honorshonors fromfrom UCUC BerkeleyBerkeley andand a (VICA). JJ.D..D. fromfrom UCLA.UCLA. SinceSince hishis admissionadmission toto thethe StateState “The Initiative creates a cause of action for any California resident, without any injury pleading requirement, BBarar inin 1982,1982, hehe hashas advisedadvised allall segmentssegments ofof thethe against any producer, distributor or seller, or aider and aadultdult entertainmententertainment industry.industry. DouglasDouglas hashas servedserved abettor, of recordings [fi lm, internet, photography, etc.] aass ChairChair ofof thethe BoardBoard ofof DirectorsDirectors ofof thethe FreeFree which appear to depict oral or penetrative sex if a condom SSpeechpeech CoalitionCoalition sincesince 19951995 andand currentlycurrently actsacts is not visible,” says Free Speech Coalition Chair Jeffrey aass ChairmanChairman EmeritusEmeritus ofof thethe FirstFirst AmendmentAmendment Douglas. “Although the defendant has as a defense that LLawyersawyers AssociationAssociation andand asas a DirectorDirector ofof thethe ACLUACLU a condom was used, this is a fact question that can be FFoundationoundation ofof SouthernSouthern California.California. established only after full discovery and well past the A nationallynationally recognizedrecognized spokespersonspokesperson forfor demurrer stage.” tthehe adultadult entertainmententertainment industry,industry, DouglasDouglas hashas This is not limited to the so-called adult entertainment ssuccessfullyuccessfully defendeddefended clientsclients inin statestate andand federalfederal industry in this era of increasingly sexually explicit content, oobscenitybscenity casescases andand isis consideredconsidered amongamong thethe leadingleading he says, asserting that “mainstream producers and aauthoritiesuthorities onon 1818 U.S.C.U.S.C. §2257,§2257, a keykey federalfederal adultadult distributors of motion pictures, including theater owners, ffilmilm regulatoryregulatory statute.statute. HeHe hashas testifiedtestified beforebefore cable and streaming services, are all subject to such tthehe CaliforniaCalifornia legislaturelegislature and,and, onon occasion,occasion, beforebefore lawsuits. Even more astonishingly, workers can be sued by CCongress,ongress, andand waswas thethe plaintiff’splaintiff ’s representativerepresentative inin members of the public, based on the perception that the AAshcroftshcroft v.v. FreeFree SpeechSpeech CoalitionCoalition. Initiative’s requirements were not followed.” WhenWhen askedasked aboutabout opportunitiesopportunities forfor ValleyValley Unlike those in more mainstream entertainment, llawyersawyers toto practicepractice inin thethe industry,industry, DouglasDouglas says,says, says Douglas, “actors and actresses commonly have a fi nancial interest in the productions. The initiative ““TheThe adultadult entertainmententertainment industryindustry isis significantlysignificantly language purportedly protecting workers is an intentionally uunderrepresentednderrepresented byby thethe legallegal community.community. WhileWhile disingenuous and deceptive. Never before have workers ttherehere areare lawyerslawyers whowho handlehandle thethe typicaltypical rangerange faced the possibility of being personally liable for safety rule ooff mattersmatters associatedassociated withwith bothboth entertainmententertainment violations purportedly for their protection, or being subject aandnd technologytechnology [intellectual[intellectual property,property, contractualcontractual to harassing lawsuits by the public.” ccorporateorporate andand taxtax matters,matters, litigation,litigation, estateestate planning,planning, According to FSC Executive Director Leue, “From ffamilyamily law,law, etc.],etc.], therethere a justjust fewfew practitionerspractitioners inin a change to the private right of action, to rebuttable eeachach arena.”arena.” presumptions, and making workers liable to lawsuits—even injured workers—the state ballot initiative in California is a grave threat to our workers.”
Elizabeth Post is Executive Director of the San Fernando Valley Bar Association, a position she has held since 1994, and Publisher of Valley Lawyer. She can be reached at [email protected].
28 Valley Lawyer ■ JUNE 2016 www.sfvba.org OSHA The scope of California’s Condoms in Pornographic Films Initiative is far reaching. “The Weinstein Initiative treads upon and tries to supersede the authority of Cal/OSHA,” according to Sonoma County employment law attorney Karen Tynan, who provides advice and assistance to the FSC on issues of regulatory compliance and California employment law. “There are current Cal/OSHA regulations in place, and KKarenaren TTynanynan, ooriginallyriginally a ““southernsouthern ggal”al” ffromrom GGeorgia,eorgia, we’ve been trying to get ‘industry appropriate’ regulations ggraduatedraduated fromfrom thethe U.S.U.S. MerchantMerchant MarineMarine AcademyAcademy andand passed for six years. The initiative violates worker privacy, sservederved inin thethe MerchantMerchant MarineMarine forfor tenten years.years. AfterAfter startingstarting confl icts with Cal/OSHA regulations, and tries to create some a family,family, sheshe leftleft thethe seasea toto attendattend nightnight schoolschool atat thethe EmpireEmpire type of new rights of action for civil complaints against CCollegeollege SchoolSchool ofof LawLaw inin SantaSanta Rosa,Rosa, CaliforniaCalifornia whilewhile raisingraising performers and others in the industry.” hherer familyfamily duringduring thethe day.day. SinceSince herher admissionadmission toto thethe BarBar inin The initiative, she says, “would make changes to the Labor 22001,001, TTynanynan hhasas ppracticedracticed eemploymentmployment llawaw aandnd rregulatoryegulatory Code that would cause worker harassment, create liability for llawaw tthroughouthroughout CCalifornia.alifornia. distributors, and other ‘crazy’ results.” T Tynanynan iiss pproudroud ttoo rrepresentepresent KKink,ink, EEvilvil AAngel,ngel, IIntersec,ntersec, aandnd manymany otherother companiescompanies thatthat preferprefer toto remainremain namelessnameless 2257 Recordkeeping Requirements ssinceince sshehe bbeganegan wworkingorking wwithith aadultdult cclientslients sseveneven yyearsears aago.go. 18 U.S.C. §§2257 and 2257A impose burdensome ““WeWe hhaveave aamazingmazing bbusinessusiness ppeopleeople iinn tthehe iindustry,ndustry, lleadingeading ttechnologyechnology ppeople,eople, aandnd ffrankly,rankly, jjustust ddarnarn fi nene employees.employees. WeWe recordkeeping and labeling requirements on whoever produces rreallyeally dodo wantwant toto contributecontribute toto thethe economyeconomy andand bebe a greatgreat a visual depiction of actual or simulated sexually explicit conduct. ppartart ofof thethe entertainmententertainment business,business, butbut thisthis harassmentharassment andand Under the statutes enacted in 1988, it is a federal crime to refuse ttargetedargeted pprosecutionrosecution ggoesoes ttoooo ffar.”ar.” to permit the Attorney General or his designee to conduct an inspection, without a search warrant, of the records, and for any person to knowingly sell or transfer any matter that includes a covered sexual depiction that does not have the statement on it describing where the required records are maintained. The law is aimed at prohibiting the employment of minors in adult productions; however, any person who produces a sexual image is subject to the law, even if the image is created for private, personal use such as ‘sexting’ or sharing personal JJ.. MMichaelichael MMurrayurray was born and raised in Cleveland, Ohio. sexual imagery on adult dating websites and social networking HHee receivedreceived hishis B.A.B.A. fromfrom thethe UniversityUniversity ofof NotreNotre DameDame andand sites. hhisis J.D.J.D. fromfrom ClevelandCleveland StateState University’sUniversity’s Cleveland-MarshallCleveland-Marshall “The adult industry has always condemned child CCollegeollege ooff LLaw.aw. AAdmitteddmitted ttoo ppracticeractice iinn OOhiohio iinn 11976,976, pornography, has been dedicated to its eradication, and has MMurray’surray’s areasareas ofof practicepractice includeinclude FirstFirst AmendmentAmendment andand encouraged enforcement of the laws prohibiting the use of ootherther cconstitutionalonstitutional llitigation,itigation, ccriminalriminal ddefense,efense, ccivilivil llitigation,itigation, minors in sexually explicit fi lms,” says Cleveland-based attorney aandnd federalfederal andand statestate appeals.appeals. HeHe isis a FellowFellow ofof thethe AmericanAmerican CCollegeollege ooff TTrialrial LLawyersawyers aandnd PPastast PPresidentresident aandnd NNationalational J. Michael Murray. “Adult fi lm producers have, for decades and CChairmanhairman ooff tthehe FFirstirst AAmendmentmendment LLawyersawyers AAssociation.ssociation. long before the original version of the statute was enacted in MurrayMurray recalls,recalls, “In“In thethe latelate 1970s1970s andand thethe 80s80s intointo 1988, always checked IDs of their performers to verify they were tthehe earlyearly partpart ofof thethe 90s,90s, statestate andand federalfederal obscenityobscenity over the age of majority. In all those years there have been only pprosecutionsrosecutions againstagainst thosethose involvedinvolved inin thethe productionproduction a handful of cases in which an underage performer appeared aandnd distributiondistribution ofof adultadult sexuallysexually explicitexplicit materialsmaterials werewere in adult fi lms. In each instance the underage performer used a ccommonplace.ommonplace. Indeed,Indeed, inin thosethose years,years, thethe DepartmentDepartment ofof fraudulent ID to gain access to the production.” JJusticeustice wwagedaged a wwarar oonn ppornographyornography aandnd tthehe aadultdult iindustry.ndustry. Murray and his fi rm have represented the Free Speech I ddefendedefended nnumerousumerous oobscenitybscenity pprosecutionsrosecutions iinn mmanyany Coalition and other plaintiffs in a suit challenging the sstatetate aandnd ffederalederal ccourtsourts iinn tthehe ccountry.ountry. TThosehose pprosecutionsrosecutions constitutionality of 2257. Since 2009, the case has wound a ssubsidedubsided iinn tthehe 990s0s aandnd 22000s000s aass aadultdult mmaterialsaterials ggrewrew iinn circuitous path through the U.S. District Court for the Eastern aacceptance.cceptance. NNowow oobscenitybscenity pprosecutionsrosecutions aarere uuncommon.”ncommon.” District of Pennsylvania and the U.S. Court of Appeals for the TheThe issues,issues, hehe says,says, “shifted“shifted toto licensinglicensing andand zoningzoning Third Circuit. Murray argued the case for a third time before rregulations,egulations, restrictionsrestrictions onon hourshours ofof operation,operation, andand otherother the same Third Circuit panel last December and, he says, “By rregulationsegulations directeddirected againstagainst adultadult establishments.establishments. TheThe adultadult the time this is published, however, a decision may have been nnightclubightclub industryindustry becamebecame moremore ofof a targettarget ofof variousvarious rregulations.”egulations.” rendered.” www.sfvba.org JUNE 2016 ■ Valley Lawyer 29 Digital Millennium Copyright Act of 1998 The Digital Millennium Copyright Act (DMCA) is a U.S. copyright law (17 U.S.C. §512) that implements two 1996 treaties of the World Intellectual Property Organization. The law has provisions, frequently referred to as the ‘safe harbor provisions,’ limiting liability of online services for copyright infringement by their users. “In the adult industry, the DMCA is an everyday issue because of the growth and dominance of user submitted CCoreyorey SilversteinSilverstein waswas bornborn inin Canada,Canada, butbut spentspent hishis content websites (such as tube sites and forums) and a tteenageeenage yearsyears inin MichiganMichigan andand Indiana.Indiana. HeHe receivedreceived substantial increase is content piracy,” says Michigan attorney a B.S.B.S. fromfrom PurduePurdue UniversityUniversity andand hishis J.D.J.D. fromfrom thethe Corey Silverstein. UUniversityniversity ofof DetroitDetroit MercyMercy SchoolSchool ofof Law.Law. SilversteinSilverstein waswas admittedadmitted toto practicepractice lawlaw iinn In essence, he says, “the adult industry is divided into MMichiganichigan inin 2006,2006, thethe DistrictDistrict ofof ColumbiaColumbia inin 20072007 content producers seeking to protect their intellectual property aandnd ArizonaArizona inin 2012.2012. MoreMore thanthan halfhalf ofof hishis practicepractice and websites that permit user submitted content and seek iiss devoteddevoted toto adultadult industryindustry clientsclients andand hishis areasareas ofof protection from copyright infringement claims related to ppracticeractice includeinclude FirstFirst Amendment,Amendment, criminalcriminal defense,defense, content submitted by users. The Federal Trade Commission is ccivilivil litigation,litigation, intellectualintellectual property,property, informationinformation very active and in the past few years has become aggressive ttechnologyechnology law,law, internetinternet law,law, andand transactionaltransactional law.law. in investigating consumer complaints against online WhileWhile inin lawlaw school,school, hehe becamebecame acquaintedacquainted withwith businesses, including those operating in the adult industry aann individualindividual whowho ownsowns a stakestake inin anan internetinternet hostinghosting space.” ccompanyompany thatthat providedprovided itsits servicesservices forfor a largelarge numbernumber According to Silverstein, “The U.S. Copyright Offi ce ooff adultadult entertainmententertainment websites.websites. AsAs a result,result, hishis clientsclients recently decided to review the DMCA’s safe harbor provisions nnowow includeinclude websitewebsite operators,operators, internetinternet hostinghosting and accompanying notice-and-takedown procedures, and ccompanies,ompanies, contentcontent producers,producers, billingbilling companies,companies, the Library of Congress has requested public comment. pprogrammers,rogrammers, developers,developers, softwaresoftware engineers,engineers, andand ootherther technologytechnology serviceservice providers.providers. AccordingAccording toto The FSC’s position is that this is a great opportunity for the SSilverstein,ilverstein, “The“The adultadult industryindustry isis veryvery technologytechnology industry to have its opinions heard and urges all industry ddrivenriven andand traditionaltraditional geographicalgeographical businessbusiness members to capitalize on the opportunity to have a voice while bboundariesoundaries dodo notnot existexist duedue toto allall ofof thethe variousvarious the government is demonstrating its openness to reform.” ttechnologicalechnological toolstools currentlycurrently availableavailable andand thosethose thatthat The DMCA, he says, “remains valid and enforceable law aarere createdcreated eacheach andand everyevery dday.”ay.” regardless of the Library of Congress seeking public comment. SilversteinSilverstein isis a membermember ofof severalseveral professionalprofessional All website operators—especially those dealing with user aassociations,ssociations, includingincluding thethe FirstFirst AmendmentAmendment LawyersLawyers submitted content—need to comprehend and implement the AAssociationssociation andand thethe FoundationFoundation forfor IndividualIndividual RightsRights DMCA as both an intellectual property enforcement tool and iinn EducationEducation (F.I.R.E.).(F.I.R.E.). defensive mechanism against potential third party claims.”
Robert L. Howell Timothy D. McGonigle Law Offi ces of Timothy D. McGonigle, APC Robert L. Howell Los Angeles Studio City Legal Malpractice The following members joined in March and Kyle M. Ellis Dependency April 2016: Tarzana Erin M. Polisano General Practice Janine Jeffery Law Offi ce of Jerold S. Cohn Reily & Jeffery, Inc. C. Kerry Fields Erin M. Polisano Emilia A. Arriola Encino Woodland Hills West Hills Berman & Berman, APLC Workers’ Compensation USC Marshall School of Business Litigation Personal Injury Encino Los Angeles Paralegal Sreoshi S. Datta Larry J. Levine Ellie Saadat Neighborhood Legal Services Stephanie Forman Wall Street Prison DaCorsi Placencio PC Upekkha Batuvantudave of LA County Tharpe & Howell Consultants Pacoima Woodland Hills Van Nuys Sherman Oaks Moorpark Business Litigation Law Student Family Law Civil Litigation Associate Member Jeffrey I. Ehrlich Paul L. Freese Jr. Allen Mark Splopuko Irwin Mark Bledstein Lauren M. McAllister Reseda Ehrlich Law Firm Neighborhood Legal Services Law Offi ces of Mitchell Law Offi ce of I. Mark Bledstein Civil Litigation Encino of LA County Sperling Encino State Bar Certifi ed Specialist: Pacoima Criminal Law Appellate Law Sherman Oaks Public Interest Family Law Arthur Nick Niavez Chazan Family Law, P.C. Kia S. Champion Sara Eliot Scott Goldfl am Myrna Velasquez Los Angeles Champion Law Firm Law Offi ce of Sara Eliot Goldman, Magdalin & Krikes, LLP Family Law Encino Van Nuys Woodland Hills Van Nuys Criminal Law Labor and Employment Law Workers’ Compensation Law Student
30 Valley Lawyer ■ JUNE 2016 www.sfvba.org www.sfvba.org JUNE 2016 ■ Valley Lawyer 31 Trial of the Century
The recent O.J. Simpson miniseries has brought the epic trial to the forefront of the public’s mind more than 20 years after the murder case against the football legend consumed our attention and televisions. The 1995 criminal trial is one of ten stories told by long-time SFVBA member Mark Phillips and his daughter Aryn in their new book, Trials of the Century: a Decade-by-Decade Look at Ten of America’s Most Sensational Crimes. Following is a condensed excerpt from the Phillips’ soon-to-be- released book.
By Mark J. Phillips and Aryn Z. Phillips
F YOU ARE OLD ENOUGH TO the fear and fascination Americans working class parents who separated read this, you likely experienced have with race relations, as the trial when he was fi ve. He grew up in the fi rsthand the trial of O. J. Simpson was that of an African American for housing projects of the Potrero Hill for the murder of his ex-wife, Nicole the murder of his Caucasian ex-wife neighborhood, where as a teenager he Brown Simpson, and her friend, Ronald and her Jewish friend, surrounded ran with a fast crowd and was briefl y Lyle Goldman. No trial before or since by the aura of potentially racist white incarcerated at the San Francisco Youth has captured the passions of so many policemen allegedly driven to frame him Guidance Center. But he excelled in Americans, or sparked so much media for a murder he didn’t commit, with guilt athletics and earned a scholarship to attention. determined by a predominantly female USC, where he played running back for That is partially because O. J. black jury. But overriding all was the the Trojans in 1967 and 1968, setting Simpson was the most famous fact that television reporting had come records and winning awards, including American celebrity to be charged with of age in the 1990s, matured from its the Heisman Trophy. murder in three generations. Celebrity grainy youth of the 1960s. More than He was drafted by the Buffalo Bills victims, certainly, and even notorious one station carried every moment of in the fi rst round and had breakout criminals, but not since the trial of the nine month trial from gavel to gavel, years from 1972 to 1976, winning the Roscoe “Fatty” Arbuckle for the murder and every other television network, NFL rushing title four times. He was of actress Virginia Rappe in 1921 had newspaper and news magazine elected to the Football Hall of Fame in an American of Simpson’s popularity covered the story on a daily basis. 1985, his fi rst year of eligibility. and stature been charged with murder. Simpson was born on July 9, As his professional football career Also contributing to the coverage was 1947 in San Francisco, the son of wound down, Simpson smoothly
Mark J. Phillips has been practicing law for 35 years at Goldfarb, Sturman & Averbach in Encino and is a Certifi ed Specialist in Estate Planning, Trust & Probate Law. He can be reached at [email protected]. Aryn Z. Phillip holds BAs in History and International Relations from Emory University, a Master’s in Public Health from Harvard University, and is pursuing her PhD in Public Health at UC Berkeley.
32 Valley Lawyer ■ JUNE 2016 www.sfvba.org moved to a career in acting in the late fatal slash across her neck. Ron was 1970s, starring in several major fi lms stabbed thirty times all over his body. and as a commentator for Monday Both victims had defensive wounds to ERISA Night Football. His fame and popularity their hands, incurred trying to ward off led to numerous endorsements, the assault. LAWYERS including that of spokesman for Hertz, The evidence against Simpson in whose commercials he sprinted was initially overwhelming. His long through airports like a running back, history of physical violence against LONG TERM DISABILITY, dodging obstacles and leaping Nicole included a conviction in 1989 for LONG TERM CARE, HEALTH, suitcases. He was more than a popular spousal abuse. Photographs surfaced EATING DISORDER, AND LIFE football player; he was a personality. of a bruised and battered Nicole from INSURANCE CLAIMS At 6’1”, 210 pounds, and classically prior altercations with Simpson. Police handsome, he was “O.J.,” and instantly had responded to her 911 calls, and WE HANDLE BOTH recognized wherever he went. He she had warned them that she feared ERISA & BAD FAITH thrived on the attention, stopping to Simpson would kill her. At the crime MATTERS sign autographs for all who asked. scene, fi ve drops of blood led away Simpson met the blond and from the bodies, four of which were beautiful Nicole Brown in 1977 at on the left side of bloody size 12 shoe • California Federal and a Beverly Hills nightclub where she prints, indicating that the assailant was State Courts worked as a waitress. She was then injured on the left side of his body. eighteen and just three weeks out of Simpson wore size 12 shoes, and the • More than 20 years high school. After many years of dating, next day police observed him wearing a experience Simpson and Nicole were married bandage over a deep cut to the middle in February of 1985. Physical and fi nger of his left hand. Preliminary mercurial, Simpson was unquestionably tests on all fi ve blood drops at the • Settlements, trials abusive to Nicole and police were crime scene matched Simpson, and and appeals called at least nine times to break Nicole’s and Ron’s blood was found up domestic disputes. Articles in the in Simpson’s car, and more of his National Enquirer reported that Nicole blood on the driveway of his home. A aborted six pregnancies during her bloody glove recovered from his home Referral fees as allowed relationship with Simpson because matched one left at the murder scene. by State Bar of California she had come to believe that he was And while he could account for most of clinically insane. She fi led for divorce on his time that day, he had no alibi for the February 25, 1992. hour in which the murders took place. Handling matters Shortly after 10:00 p.m. on June On Friday, June 17, the LAPD 12, 1994, Nicole and Ron Goldman notifi ed Simpson’s lawyer, Robert throughout California were murdered outside Nicole’s Shapiro, that they were ready to charge condo on Bundy Drive in the affl uent and arrest his client. Shapiro negotiated Brentwood neighborhood of Los a delay until 11:00 a.m. for Simpson to Angeles, just a few blocks from voluntarily turn himself in. That morning Simpson’s Rockingham Avenue estate. Simpson was at the home of friend and 818.886.2525 A veteran LAPD detective, one of the lawyer Robert Kardashian, and with fi rst offi cers to arrive at the scene, said him was Al Cowlings, who had known “It was the bloodiest crime scene I have Simpson since their high school days in ever seen.” Nicole and Ron were found San Francisco, and had played football in pools of blood. Barefoot and wearing with him for USC and the Buffalo Bills. a loose shift, Nicole lay curled up at The two friends left the Kardashian the foot of the stairs outside her front residence in the late morning in www.kantorlaw.net door, stabbed seven times in her neck Cowlings’ matching white Ford Bronco, Dedicated to helping people and head. She was apparently face leaving behind a cryptic suicide note. “I receive the insurance down when the murderer put a foot in can’t go on,” Simpson wrote. “Please benefits to which they her back, pulled her head up by her think of the real O. J. and not this lost are entitled hair, and nearly decapitated her with a person.” www.sfvba.org JUNE 2016 ■ Valley Lawyer 33 When Simpson did not appear at More than a dozen helicopters followed two Hispanics, one Caucasian/Native Parker Center, police announced an all overhead. American and one Caucasian female. points bulletin that lasted the day. Back at the Rockingham estate, The racial composition of the jury differed Six hours later, Simpson and Simpson was allowed to call his mother, dramatically from that of the community, Cowlings were located by tracking drink a glass of orange juice, and was and even from the pool of prospective their cell phone use to a freeway some then taken into custody. jurors, which had initially been 40% 80 miles south in Orange County, Because the murders were white, 28% black, 17% Hispanic and near the cemetery where Nicole had committed in the upscale West Los 15% Asian. been buried just the day before. What Angeles neighborhood of Brentwood, Simpson quickly assembled for followed was the now famous two-hour the District Attorney’s offi ce would have himself a powerful team of lawyers, slow speed chase at 35 miles per hour been within its rights, indeed would have led by Robert Shapiro. Though well- along Los Angeles freeways back to kept with practice, by fi ling the charges respected, Shapiro had yet to try a Simpson’s home in Brentwood, a media in the Santa Monica judicial district where murder case. He was soon joined by event watched by millions of people the crimes occurred. Instead, District Johnnie Cochran, an experienced both in the United States and abroad. Attorney Garcetti fi led the case in the criminal defense attorney best known Television coverage of the event shows central district downtown, allegedly for his unsuccessful defense of Black spectators pulled over on the freeway for the convenience of attorneys and Panther member Elmer “Geronimo” Pratt and out of their cars to watch and court staff, but where the percentage of some twenty years earlier, and the more wave as the procession went by, and potential black jurors was much higher. It recent acquittal of Michael Jackson on thousands of others lining overpasses was a tactical blunder. child molestation charges. Next to come to witness the spectacle of Cowling’s That was evident when jury selection aboard was F. Lee Bailey, long past his Bronco trailed by a string of squad got underway on September 24. The youth but famous for the defenses of cars. Some held up crudely lettered ultimately chosen jury of ten women Sam Sheppard and Patty Hearst. Two signs in support of the football legend. and two men consisted of eight blacks, New York lawyers, Barry Scheck and Peter Neufeld, were hired to handle the blood evidence, and nationally known Harvard law professor Alan Dershowitz was retained to manage appellate issues. Arguably the best lawyers money could buy, they were quickly dubbed by the media the “Dream Team.” Arrayed against them was the entire weight of the prosecutor’s offi ce, marshaled under lead trial attorneys Marcia Clark and Christopher Darden, assisted by a small army of consultants, experts, investigators and attorneys. All told, twenty-fi ve prosecuting attorneys were assigned to the case, thirteen full- time and twelve part-time. LEGAL DOCUMENT SERVICE After opening statements by both Serving the San Fernando Valley Exclusively sides, the prosecution presented more REGISTERED PROCESS SERVER than 70 witnesses over 99 full trial days in a detailed and complex presentation. These witnesses were grouped into what REASONABLE RATES attorneys Clark and Darden believed $45 Standard 3-Day Service was a coherent system designed to $55 Priority 24-Hour Service prove the guilt of Simpson beyond a $65 Rush Same Day Service reasonable doubt, but the sheer number of witnesses was daunting. The fi rst 818.312.6747 group included relatives and friends of both Simpson and Nicole, whose testimony was intended to evidence
34 Valley Lawyer ■ JUNE 2016 www.sfvba.org Simpson’s former brutal treatment of investigating offi cers, primarily Mark Nicole and his documented history of Fuhrman and Phillip Vannatter, who abuse. The second set of witnesses the defense contended had dripped BOUTIQUE were offered to prove that Simpson had Simpson’s uncorrupted blood on the time and opportunity to commit the the back gate of the crime scene, CRIMINAL murders. The fi nal group were those his driveway and his home, and had DEFENSE FIRM intended to tie Simpson directly to the intentionally removed a bloody glove murders, including detectives Phillips, from the Bundy crime scene and planted Lange, Fuhrman and Vannatter, and it behind Simpson’s guesthouse. long and technical testimony regarding As the defense presentation STATE AND FEDERAL CRIMINAL DEFENSE the results of tests on blood, fi bers, hair unfolded, the claim that Simpson had and footprints from the crime scene and been framed resonated ever more FIRM PARTNERS INCLUDE: Simpson’s residence. Forty-one blood clearly. The arguments for a police Former Senior Deputy District Attorney samples had been harvested, with tests frame-up were based on circumstantial UCLA and Pepperdine Law Professor that clearly implicated Simpson. This line evidence, but played well to the minority Bar-Certified Criminal Law Specialist testimony, diffi cult for even lawyers to jury. The defense discredited the police follow, occupied nearly twelve weeks department’s chain of possession of the of trial. reference blood drawn from Simpson at But in the midst of this testimony Parker Center the day after the murder. came what many saw as the turning There was surprising testimony about point in the trial, the prosecution the bloody glove found at the Simpson instruction to Simpson to try on the residence. It was still wet and sticky bloody gloves. They were unusual and at 5:00 a.m., when independent tests uncommon gloves, with only a few showed that blood exposed to the hundred made, and there was both air for some seven hours should have evidence of Simpson’s purchase of dried, and there was also no evidence Super-Lawyers Top 2.5% identical gloves and photos of him of blood on the ground or leaves around A.V. –Preeminent Rating wearing them. There was no doubt it. Finally, there were the socks allegedly Avvo 10/10 Superb that Simpson owned these gloves, or found on the fl oor of Simpson’s RECENT VICTORIES: ones exactly like them. Yet still it was a bedroom. Police investigators claimed reckless miscalculation by a prosecution to have found a pair of the defendant’s $3 Million Fraud Case - Dismissed, so convinced of Simpson’s guilt that socks marked with both his blood and Government Misconduct (Downtown, LA) they chanced a demonstration without that of Nicole. But they didn’t appear Murder - Not Guilty by Reason of knowing with certainty that the gloves on an inventory video tape initially taken Insanity, Jury (Van Nuys) would fi t. by the LAPD to protect them from later Medical Fraud Case - Dismissed, It was a disaster. To all claims of theft from the property, and Preliminary Hearing (Ventura) appearances struggling to pull the Simpson’s blood allegedly contained Domestic Violence - Not Guilty, Jury battered gloves on over latex under- traces of a preservative added to his Finding of Factual Innocence (San Fernando) gloves, Simpson said loud enough for reference blood taken for sampling. $50 Million Mortgage Fraud - Dismissed, the jurors to hear “They don’t fi t.” The Most tellingly, the socks had splatter Trial Court (Downtown, LA) latex gloves may have inhibited the fi t, patterns on both sides, suggesting that DUI Case, Client Probation - Dismissed or the leather gloves may have shrunk the blood had soaked into the socks Search and Seizure (Long Beach) from wetness, exposure or non-use, when there was no foot in them. Numerous Sex Off ense Accusations: but it was a setback from which the But the most electrifying testimony Dismissed before Court (LA County) prosecution never recovered. came from detective Mark Fuhrman. Several Multi-Kilo Drug Cases: Dismissed On July 10, Simpson’s lawyers Questioned by F. Lee Bailey whether he due to Violation of Rights (LA County) began their defense in chief, and they had ever used the “N” word in the past went on the offensive. Their argument ten years, he responded that he had was two-fold; fi rst, that the blood not. Yet in the possession of the defense Eisner Gorin LLP evidence was collected and tested were 13 hours of taped interviews 14401 Sylvan Street, Suite 112 in such a way that it was corrupted that Detective Fuhrman had given to Van Nuys, CA 91401 and thus unreliable, and second professor and aspiring screen writer 24/7 Immediate Intervention that Simpson was framed by the Laura Hart McKinney. In those tapes, www.sfvba.org JUNE 2016 ■ Valley Lawyer 35 recorded between 1985 and 1994, he in America are color-blind, and this used the epithet some 40 times, along lets them rationalize the abolition with racially tinged statements against of affi rmative action and a judicial blacks, Jews, and other minorities. system that incarcerates a much With the jury absent on September 6, greater percentage of black males. 1995, Fuhrman was asked by defense In their turn, black Americans feel attorney Gerald Uelmen whether he had abandoned by the loss of preferences tm ThePerfectLTCSolution ever falsifi ed a police report, planted or that only sought to make up for the manufactured evidence in the Simpson centuries-old head start that white case, and whether his testimony Americans enjoy. Consistent with their given at the preliminary hearing was beliefs, white Americans polled before Contact me to discuss completely truthful. To each question, the verdict predominantly believed a very unique offering. Fuhrman asserted his 5th Amendment Simpson to be guilty, while black ThePerfectLTCSolutiontm privilege not to incriminate himself. Americans believed the opposite. provides: Simpson never testifi ed in his own Those beliefs did not change with defense. Simpson’s acquittal. • LIFETIME Benefits Final summation by both sides In fact, that acquittal only occupied four days in the last week of fed those divergent beliefs. Black • Optional Cost September 1995, and the jury retired Americans felt vindicated in the face of Living for deliberations shortly after 9:00 a.m. of a biased police establishment, while Adjustment (3%) on October 2, but in only four hours white Americans were convinced that • 10-pay, 20- pay they notifi ed Judge Ito that they had a black jury ignored the evidence to or Single-pay options reached a verdict. The court adjourned free a clearly guilty black celebrity. with instructions that the verdict would Defense counsel Allan Dershowitz is • Guaranteed be read at 10:00 the following morning, more nuanced. While not asserting Premiums! October 3. Simpson’s innocence, he believes The entire country came to a that the prosecution intentionally put • Backed by A+ halt to hear the verdict that morning. on a case it knew to be partially false, rated carrier Ninety-one percent of all televisions in in order to prove what it honestly Learn more at operation in America were turned to believed to be Simpson’s guilt. Such Corpstrat.com/ the coverage, only the fi rst U.S. moon conduct being improper under the law, ThePerfectLTCSolutiontm landing and the funeral of John F. he contends Simpson to have been or [email protected] Kennedy attracting a larger share of the properly acquitted. Others are more audience. The LAPD went to full alert, direct: in an opinion piece published arrayed against a repeat of the Rodney in the LA Times six weeks before the 70% of Americans King riots. President Clinton was briefed verdict Joseph Wambaugh, former will need some type on national security measures, then left LAPD offi cer and best-selling author of of Long Term Care. the Oval Offi ce to watch with staffers, The Onion Field, wrote: one of an estimated 140,000,000 “The bottom line is this: although Whats your plan? Americans tuned in. Larry King, host of the crimes perpetrated in the King CNN’s Larry King Live, told his viewers and Simpson cases had nothing “If we had God booked and O. J. was to do with racism, the aftermath available, we’d move God.” of those events had everything to To the surprise of most of America, Corporate Strategies Inc do with racism. Johnnie Cochran the jury found Simpson not guilty. Martin Levy, CLU, Principal has not only played the race card, That the Simpson case was 1 800 914 3564 he’s dealt it from the bottom of the ultimately about race was understood www.Corpstrat.com deck.” Ca. Lic 0C24367 by the media immediately. It is tempting to believe that by 1995 a post–Civil More information on Trials of the Rights America had shrugged off its Century: a Decade-by-Decade legacy of prejudice, but the reality is Look at Ten of America’s Most different. Most white Americans polled Sensational Crimes can be found at opine that the laws and institutions www.trialsofthecenturybook.com.
36 Valley Lawyer ■ JUNE 2016 www.sfvba.org MEMBERSHIP & MARKETING COMMITTEE
ALAN E. KASSAN SFVBA Secretary Networking the Valley Bar
HY DO BAR ASSOCIATIONS EXIST? NOT We launched VBN in March of this year. At our March exactly a profound existential question, but and April meetings, we had around 30 people. Once word instead, a pragmatic one that the SFVBA started to spread, interest exploded, and we had over 60 Membership & Marketing Committee continuously debates people attend our most recent meeting on May 2. The idea at its monthly meetings. Bar associations obviously exist to was to start with one meeting group, and then to expand facilitate continuing education, to liaise with the community, to with other groups of 20-40 people meeting in different parts encourage knowledge sharing across practice areas, and to of the Valley. mediate fee disputes. Our Association also happens to have a The meetings are fun and informal, but we do have very successful Attorney Referral Service, which aids people in some structure to help facilitate networking. Our members our community identify qualifi ed attorneys to assist with legal have already made new professional connections, new matters. friends, and from this we’ve seen a multitude of business The SFVBA strives to excel in managing and offering these referrals in the group. and a litany of other incidental benefi ts to our members, but VBN is in its infancy, but is certain to grow and become we decided we needed to do more. We wanted to build a a powerful business development tool for members. Our forum to enable more substantive, positive interaction between charter group meets the fi rst Monday of the month from our members, with the goals of building our businesses and 5:30 p.m. to 7:00 p.m. in a private setting at a Valley enhancing our professional lives. So…we developed the Valley restaurant. Bar Network (VBN). Our next meeting is scheduled for June 6. If you are The VBN mission statement is “to enhance SFVBA interested in participating, please contact SFVBA Director membership with a dedicated, consistent networking program of Education & Events Linda Temkin at [email protected] or so as to promote new and ongoing professional relationships, (818) 227-0490, ext. 105, or email Membership Committee and to facilitate collaboration and reciprocal business referrals.” Chair Alan Kassan at [email protected].
www.sfvba.org JUNE 2016 ■ Valley Lawyer 37 38 Valley Lawyer ■ JUNE 2016 www.sfvba.org SANTA CLARITA VALLEY BAR ASSOCIATION
SAMUEL R.W. BRIAN E. Equilibrium — PRICE KOEGLE SCVBA President SCVBA Past The Art of the President Work/Life Balance [email protected] [email protected]
OR MANY ATTORNEYS, MANAGING BOTH A The Bar Association also provides its members with access legal career and any sort of life outside of work is to continuing legal education credits, which helps to alleviate a diffi cult, if not impossible task. Long hours, deadlines, the stress associated with searching out programs needed to and client maintenance often increase stress and make comply with the State Bar requirements. Finally, we encourage any downtime all the more precious. Adding to that stress, our members to give back to the local community through our the billable hour requirements set by most fi rms create an community outreach committee and the many events it holds, inhospitable environment for a healthy work/life balance. That including blood, toy, and food drives, our annual high school stress will commonly manifest itself in burnout, substance speech competition and scholarship program, and our fi rst abuse and other stress-related illnesses, will frequently reduce annual day of service, which will take place later this year. productivity, and can even end in catastrophe. While we all strive to succeed in our chosen profession, it is For those attorneys who also have families, making and important for each of us to remember that life is short, and you spending quality time with their spouses and children, while a will never read an epitaph that reads “I really wish I had billed priority, often takes a backseat to work, career and progress. more hours.” Consequently, the relationships that really matter suffer at the 1 expense of our own professional accomplishments. www.abanet.org; see also Connie J. A. Beck, Bruce D. Sales & G. Andrew H. Benjamin, Lawyer Distress: Alcohol-Related Problems and Other Psychological The problem has become so prevalent among attorneys Concerns Among a Sample of Practicing Lawyers, 10 J.L. & Health 1 (1995-1996). that the American Bar Association and the State Bar of California have both committed signifi cant resources to assist attorneys in balancing their careers with a healthy and happy personal life. Articles, books, seminars and videos are specifi cally designed to focus us on avoiding burnout, refi ning time management skills, and enjoying our (limited) downtime, all in an effort to help those within our profession cope with the natural stressors we experience on a daily basis. The problem is for most attorneys, these resources rarely affect any real change in our behavior! Sadly, this lack of balance is increasingly leading to discontent within our industry. According to an ABA survey of attorneys, as reported by the New York Times in January 2008, 44% of lawyers surveyed indicated they would not recommend the profession to a young person interested in the fi eld. Further, although the statisticians disagree on the relevance and/or signifi cance of the data, it is undisputed that the number of reported cases of substance abuse, including alcoholism, major depressive disorder and suicides among U.S. practicing attorneys have steadily increased over the course of the last twenty-fi ve years, to reach all-time highs within our industry.1 The Santa Clarita Valley Bar Association proudly encourages its members to enjoy a healthy work/life balance. Nearly all of our members live or work in the Santa Clarita Valley, with many doing both within the community. The SCVBA encourages members to interact and network socially through our monthly events and networking mixers, and through our expanding social offerings. www.sfvba.org JUNE 2016 ■ Valley Lawyer 39 www. Life Insurance Term, Universal Life, Survivorship, Estate Planning, Key-Person Disability Insurance Insure your most important asset—"Your ability to earn income" Insures you in your own occupation Benefits keep up with inflation Long Term Care Insurance Several quality carriers for individuals and firms Health Insurance All major insurance companies for individuals & firms
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40 Valley Lawyer ■ JUNE 2016 www.sfvba.org VALLEY COMMUNITY LEGAL FOUNDATION
LAURENCE N. KALDOR Helping Jayden Find Family President
HEY THOUGHT THEY WERE nation is the problem greater than in Los We played together for a while and just going to see a baseball Angeles County, where 30,000 children then I left for the day. When I went game. But when six-year-old who have been abused or neglected are back the next day, he had that teddy Jayden and his newly adoptive mother, under the jurisdiction of the Dependency bear with him, and he started talking Shellie, arrived at the minor-league Kane Court. about how friends can’t leave friends County Cougars’ ballpark in Geneva, Jayden and Shellie met years alone. It broke my heart.” Illinois over Labor Day weekend, they before, following Shellie’s inquiry about Shellie fl ew back to Chicago realized something was up. adoption with an online adoption that evening convinced they were a “Welcome to our family, Jayden! registry. Then 4-year-old Jayden was good fi t. She eagerly contacted the Congratulations!” read the banner living in a group home for medically adoptions worker and stated her on one wall of the luxury box. A loop fragile children. He had a rough start desire to adopt him. That weekend, of photos of Jayden played against to life, having suffered life-threatening she met Jan, Jayden’s CASA, who another wall. A table in the had been working with the middle of the room overfl owed boy since July of that year. with presents. “My role in the beginning You see, Shellie’s was to connect with him, to adoption of Jayden (a journey be a part of his life as much that began years before in as I could be,” Jan explains. Los Angeles) had just been “He had no family in his fi nalized. It was offi cial and life, and I would visit him at family and friends turned out school and his group home, for the big surprise in force. and attend his doctor’s The size of the party spoke appointments and physical to the excitement that had therapy appointments. I been building since Jayden would take pictures and and Shellie met. More than videos of him to share with 50 family members and friends were in injuries—cervical/spinal-cord damage, Shellie, the court, and his social attendance. So was Jan Miller, Jayden’s compression fractures to two vertebrae, workers.” Court Appointed Special Advocate and upper extremity deformity—as a Meanwhile, Jan was working with (CASA), who fl ew in from Los Angeles result of extreme physical abuse. When others on the case to get Jayden the as a surprise guest. Shellie met him, he was a quadriplegic equipment he would need for his life CASA of Los Angeles improves but was becoming more verbal, could outside of the medical home, including the lives of children in the dependency sit with support, and was learning to a portable gastronomy tube—he wasn’t system by pairing them with trained use his legs. able to eat on his own at the time—and volunteer advocates. CASA seeks to “I introduced myself as a friend,” a gait trainer, to allow him to stand reduce and reverse the effects of child Shellie remembers. “I told him I brought upright and walk within a harness so he abuse and neglect. Nowhere in the a friend with me. It was a teddy bear. could develop strength in his legs.
About the VCLF The Valley Community Legal Foundation is the charitable arm of the San Fernando Valley Bar Association. The Foundation’s mission is to support the legal needs of the youth, victims of domestic violence, and veterans of the San Fernando Valley. The Foundation also provides educational grants to qualifi ed students pursuing legal careers. The Foundation relies on donations to fund its work. Please visit thevclf.org to donate. www.sfvba.org JUNE 2016 ■ Valley Lawyer 41 By June 2013, everything was she just went to the restroom, she was fi nalized, although he dreaded fi nally in place for Jayden to live with would have to talk to him through the having to go back to California for Shellie. She fl ew back out to Los door. Jan continued as his CASA. the hearing. He refused to answer Angeles to pick him up, allowing a She visited him in his new home in questions about his life in California day for a trip to Disneyland before the September of 2013, talked to him and would speak of no one he knew fl ight back. Jayden, however, couldn’t by Skype at least once a month, there—except for Jan, whom he wait to get to Chicago. He desperately talked to Shellie even more often, and began calling Grandma Jan. He got wanted to leave his old life behind. participated in school and therapeutic a nice surprise in August, when the For the fi rst few months, life in conferences by speakerphone. judge agreed to conduct the fi nal Chicago was full of ups and downs. Still, Jayden talked constantly adoption hearing from Los Angeles via Jayden was so insecure that Shellie about his adoption. It was clear that Skype. literally couldn’t leave his side. If he wouldn’t be truly at ease until it “Mom, I’m adopted now, so I don’t have to go back to California,” he said afterward. “We’re a family now. You’re my mom and I’m your son and that’s it. It’s all done.” “You’re right. It’s all [done],” Shellie told him. With that, the last of his insecurity about his family melted away. Now Jayden talks instead about school, cars, food (he’s eating on his own), and—his favorite activity—buddy baseball, in which an able-bodied boy hits the ball for him and he runs the bases in his wheelchair. His prognosis is still in many ways uncertain and he often asks whether eventually he will be able to drive a car or walk on his own, but he has a poise about it all, that can only be described as precocious. “I may not be able to do everything other kids can do,” he says, “but I can do them my way.” “There are a lot of Jaydens in the San Fernando Valley, too many,” tells Laurence N. Kaldor, president of the VCLF. “Support of the Bar and the VCLF are very concrete ways an attorney, a judge, or a business person can make a real difference. Whether it’s an individual or a fi rm or corporation, your donation to the VCLF will let us help the next Jayden fi nd a new family.”
CASA is supported by the generous contributions of individuals, companies, and organizations. The VCLF is proud to support CASA and amazing people like Jayden, Shellie and Jan Miller.
42 Valley Lawyer ■ JUNE 2016 www.sfvba.org VValleyalley CCommunityommunity LLegalegal FFoundationoundation ttoo HHoldold FFirstirst EEverver VirtualVirtual GalaGala
By D. Shawn Burkley
HE CHARITABLE FOUNDATION tickets, an honoree, opportunities gala, will be held between July 8 and of the SFVBA—the Valley for sponsorship, and a donor-based July 22. Auction items are donated Community Legal Foundation— auction. The Foundation will be selling by Board members, supporters and will be holding its fi rst ever virtual gala virtual tickets, which will include members of the SFVBA. All revenue this year from May until the end of July. information about the honoree, a raffl e from the sales will go directly to The initiative is the fi rst of its kind for the entry, instructions regarding the auction Foundation programs. Items continue group, which has been studying ways (which will be, of course, online), and to be added but currently include to increase the percentage of each be accompanied by a few fun items tickets to the American Music Awards, donation that can be allocated to the for a nominal sum. Because the tickets VIP luxury box tickets to see Carrie Foundation’s many charitable projects. will be priced to sell, participants are Underwood, jewelry, sports and movie “When all is said and done, the encouraged to purchase as many tickets memorabilia, vintage wine, and much Virtual Gala could result in more as their budget will allow. more… with items being added weekly. than 90% of the money raised going Importantly, the Gala will have The auction site can be found at http:// directly to the causes that we all care for its honoree retiring Judge Michelle bit.ly/1TaY4wD.1 about. This is not always the case with Rosenblatt. “Her honor served in a traditional events, which incur much variety of key roles for the Foundation, The Opportunity higher overhead costs,” says Foundation and the Gala is our opportunity to show So how can you make the Virtual President Laurence Kaldor. our appreciation,” says Kaldor. Gala a success? Simple. Buy tickets. In other words, by holding most Participants are also welcome to Become a sponsor. Donate items for of the traditional fundraising activities honor the estimable Judge Rosenblatt the online auction and bid on others. In online, more revenue can be allocated through tributes and testimonials the coming weeks, emails will be going directly to help the legal needs of the which are being offered through the out to the legal community providing San Fernando Valley’s youth, veterans, Foundation, and will be printed in the information on how to do all of these victims of domestic violence, and July issue of Valley Lawyer. things. If you would like to be sure our Valley’s most socioeconomically Sponsorship of the Gala is also that you receive these emails, please challenged with programs like family law being offered by the Foundation at a provide your email to info@theVCLF. mediation and Blanket the Homeless. variety of levels. Name sponsors, for org and the Foundation will be glad to example, will have the opportunity to be include you on their list. The Concept associated with all aspects of the Gala, The Foundation is depending But what is a virtual gala and how is it including a presence in Valley Lawyer on people like you to make this, the different from a traditional event? Well, and the Metropolitan News, as well fi rst ever Virtual Gala, a 21st century fi rst there is no physical event that as online. More information regarding success. requires attendance. Hence, the Virtual sponsorships can be obtained by 1 Full URL: https://www.biddingforgood.com/auction/ Gala’s tagline, No Jacket Required. emailing [email protected]. auctionhome.action?auctionId=258704318 All of the elements of a traditional An online auction, always one of gala will remain in place, including the most popular aspects of a traditional
D. Shawn Burkley is a Board Member of the Valley Community Legal Foundation of the SFVBA. He was recently admitted to the State Bar of California. He can be reached at [email protected].
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44 Valley Lawyer ■ JUNE 2016 www.sfvba.org PPRESIDENT’SRESIDENT’S CIRCLECIRCLE
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