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VCBA MISSION STATEMENT To promote legal excellence, high ethical standards and professional conduct in the practice of law; to improve JANUARY – TWO THOUSAND FIFTEEN access to legal services for all people in Ventura County; and to work to improve the administration of justice. LIVING ABROAD BUT WORKING IN VENTURA PART ONE by Michael A. Strauss Page 7 Santillana del Mar, Spain. WILLIAM M. GREWE PRESIDENT’S COLUMN: “TRy NOW WE CAN ONLy LOSE…" 3 MATTHEW BROMUND THE RETURN OF THE VCBA IMMIGRATION SECTION 8 DAVID A. SHANEYFELT CyBER INSURANCE: WHAT yOUR CORPORATE CLIENT NEEDS TO KNOW 11 WILLIAM E. PATERSON FILM REVIEWS 14 KEVIN R. NIMMONS INSTALLATION OF EV CHARGING STATIONS ON LEASED PROPERTy 17 CHRISTIAN R. ARRIETA REVIEW OF JOHN GRISHAM’S SyCAMORE ROW 18 ROBERT M. SAWYER LETTER TO THE EDITOR 21 CLASSIFIEDS 21 STEVE HENDERSON ExEC’S DOT…DOT…DOT… 22 ARTICLES CAN BE VIEWED ONLINE AT WWW.VCBA.ORG 2 CITATIONS • JANUARY 2015 ATTORNEY SERVICES COURT SERVICES DEPOSITION OFFICER ASSIGNMENT SERVICE OF PROCESS SUBPOENA PREPARATION PHOTOCOPY SERVICES SKIP TRACING OUR MOST IMPORTANT SERVICE IS VENTURA 674 County Square Drive, Suite 107 Ventura, CA 93003 Phone: (805) 650-9291 PEACE OF MIND. Fax: (805) 658-8170 E-mail: [email protected] Established in 1993 in Ventura, CA, Commercial Process Serving, Inc. is your premier local Attorney Service! SANTA BARBARA With a fully staffed office, Registered Process Servers & 209 E. Anapamu Street Santa Barbara, CA 93101 Photocopiers, and field experienced managers, CPS has you Phone: (805) 845-4200 covered. We provide an array of solutions guaranteed to meet Fax: (805) 845-4201 E-mail: [email protected] ALL of your legal service needs. Let our extensive resources, investments and experience work for you. NEW SANTA MARIA LOCATION!124 West Main Street, Suite C Santa Maria, CA 93458 BEST RATES GUARANTEED! Phone: (805) 361-0781 References Readily Available Fax: (805) 361-0782 E-mail: [email protected] Same Day Services | Email Status & Service Confirmation | Conformed Face Pages Emailed Fees Advanced | Daily Pick Up/Retainers | Statewide/Nationwide Coverage Large Format Printing/Scanning | Copy Services, Color & BW JANUARY 2015 • CITATIONS 3 PRESIDENT’S COLUMN: “Try Now We Can Only Lose…” Light My Fire, The DOORS, 1966 or just maybe… by Bill Grewe January 1777 There are people and Washington, silently rebuffed, spoke once the man who fought not to lose, won it all moments that slip by without notice. Such more from horseback in the cold winter and we, in warm shoes, live that prize. a moment occurred on December 31, air. He laid it out, this thing he saw, from 1776. It would carry into January, and its the heart. His army was positioned like January 19, Martin Luther King Day reach affects us to this day. no one before them to strike for liberty The “I’ve Been to the Mountaintop” speech and country. and not the “I Have a Dream Speech” is my There was no fanfare. The men involved favorite. King would deliver it the night were a sorry lot. Some with shoes. Some What country? Where was it? These fellows before his assassination. without. Hungry. Sick. Exhausted. Cold. had been running for their lives daily and Very cold. John Hancock described them all knew it. This wasn’t Washington rallying It must have seemed like a time when as “broken by fatigue and ill-fortune.” the troops. He was salvaging the troops. everything was coming apart, but really, Oh, to have heard it. If Washington was it was coming together. King had been These were the fellows who crossed the not persuasive enough, the cause was over. to Memphis a week earlier to support Delaware days before with Washington. The enterprise lost, right there in the snow a sanitation workers’ strike. Trash men. Their service was up at the stroke of without one incoming shot. Really hard work. Much more so than it midnight. Rightfully so. Weak and with is today. little left, but alive, the Delaware crossing Somehow, Washington, the one man who secured a high note as their commitment saw it, conveyed his vision. Then, he scaled The trash trucks were poorly maintained. came to a close. Now, hungry and camped back his request. Not six months. Would Two workers were crushed inside one. in the cold, they knew they had truly “seen they fight with him for seven more days? The earlier trip to Memphis had not gone it through.” Seven days. well. There was violence. King couldn’t control things. Washington called them together just The men spoke among themselves. Slowly, hours before discharge. They had followed a few stepped forward. Then more. Nearly King was fighting not to lose. As long as this man on what had been a steady path all. Could they have imagined what the cause was nonviolent, there could be no of retreat. They had worn out their boots Washington saw at that moment, that they justification for extinguishing it. Violence from the heel forward behind a general could win this thing? If they could, there is and lawlessness would unleash a crushing who fought not to lose and not to win. no way that they would have also imagined blow to the cause. Keep the cause alive, and what Washington expected to do should a lucky blow could come. Like a puncher’s chance in the later rounds, they be victorious: return to his farm. Washington was fighting, in his words, for King returned to Memphis to try again to a “lucky blow that would rouse the people.” The Delaware crossing produced an ember. lead peaceful support, but there was concern He landed such a blow when he crossed the It was the voluntary decision to keep on that the commitment to non-violence was Delaware, but Washington knew the sting by this sorry group that blew warmth on slipping away, empowering the opposition. inflicted was slipping away as midnight the opportunity allowing Washington to neared. strike before the high point was snuffed. King was not well. Exhausted. The weather, Right there. All things were possible going a storm watch in place, didn’t help. He What his men knew is that, for many, the forward. decided to stay behind in his hotel room cold, hunger and illness of the campaign while his assistant, Ralph Abernathy, went would be passed to others. Washington proceeded to do what he to the hall to speak. always did: They broke camp, leaving just Washington spoke to the men gathered a few behind to keep fires going and make A capacity gathering had defied the weather before him and asked that they give him a bit of noise, to mislead the enemy who for the evening rally. The fervor in the hall just another six months. He promised a was certain to come. He went on the attack. was high. Abernathy returned to the hotel, sizable payment he did not have. Then, Strike, strike, strike. And then retreat. woke King, and explained that he had to he waited for the men to step forward in Immediately, he stunned the enemy again, appear. King dragged himself out of bed and acceptance. No one moved. Why would sending a message that this thing was not went to the hall. The speech he delivered they? There comes a time when one must over. Just as important, the citizenry started was unprepared. It’s just beautiful. There is put his wellbeing first. to come around. As we all know, in time, Continued on page 5 4 CITATIONS • JANUARY 2015 2015 VCBA BOARD OF DIRECTORS OFFICERS President William M. Grewe President-Elect Charmaine Buehner Secretary-Treasurer Erik B. Feingold Past President Laura V. Bartels Executive Director, CEO Steve Henderson, CAE Linda K. Ash Joshua S. Hopstone Katherine Hause Becker Thomas J. Hutchinson Kathryn E. Clunen Amy Dilbeck Kiesewetter Rod L. Kodman Kata Kim Rachel Coleman Mark Kirwin Margaret Coyle Alfonso Martinez Rennee R. Dehesa Susan L. McCarthy Jill L. Friedman Michael A. Strauss Douglas K. Goldwater Andy Viets CITATIONS EDITORIAL BOARD Managing Editor Wendy C. Lascher Publisher, CEO Steve Henderson Graphics/Production J.P. McWaters Assistant Editor BONGIOVI MEDIATION Heather Hackney Mediating Solutions since 1998 Karen B. Darnall Rachel Coleman Mediator • Arbitrator • Discovery Referee Michael L. McQueen Michael R. Sment Panda L. Kroll Gregory Herring Al Vargas Lauren E. Sims Kathleen J. Smith Carol Mack “ere is no better ambassador for the CITATIONS is published monthly by the Ventura County Bar Association. Editorial content and value of mediation than policy are solely the responsibility of the Ventura County Bar Association. Henry Bongiovi.” Submit all advertising, Submit all editorial classified and calendar matters to: matters to: VCBA CITATIONS HENRY J. BONGIOVI 4475 Market St., 1050 S. Kimball Suite B, Ventura, CA 93004 Ventura, CA 93003 t: 805.659.6800 AV Preeminent Rating Conducting Mediations Attn: Executive Director f: 805.659.6818 (5 out of 5) throughout California t: 805.650.7599 [email protected] f: 805.650.8059 AVVO Rated ‘Superb’ 805.564.2115 e: [email protected] (10 out of 10) www.henrybongiovi.com w: www.vcba.org JANUARY 2015 • CITATIONS 5 Continued from page 3 “Try Now We Can Only Lose…” no ego. This is one man at a moment in mater, UCLA, as an example of what a his-head jam, now the emblem for Jordan time leading the struggle for a cause of the liberal arts education can do for you. footwear. Nope. Kobe said this: ages against insurmountable odds. There was no one else with his voice, humility or In 1966, having lost a gig on Sunset Aggression. It’s not one game or manner of leadership, and there would not Boulevard as well as a recording opportunity, one play, in particular; it’s just his be again.