Justice John Paul Stevens and Babe Ruth 4/20/1920 – 7/16/2019
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Need Referrals? Call Rosie at LRIS today! at (805) 650-7599 SEPTEMBER – TWO THOUSAND NINETEEN JUSTICE JOHN PAUL STEVENS AND BABE RUTH 4/20/1920 – 7/16/2019 by William Grewe Page 8 DOUGLAS K. GOLDWATER PRESIDENT'S MESSAGE 3 LINDSAY F. NIELSON THINKING THINGS OVER - GREAT TRIAL MOMENTS 7 WENDY C. LASCHER DO BILLABLE HOURS HURT? 9 DAVID L. SHAIN NATIONAL MEMORIAL FOR PEACE AND JUSTICE OPENS IN ALABAMA 12 HAVE YOU HEARD? 15 PANDA KROLL HONORING THE ORIGIN 16 PANDA KROLL WELCOME INN 17 SHOULD NONLAWYERS BE ABLE TO PROVIDE LEGAL SERVICES? 18 CLASSIFIEDS 18 ARTICLES CAN BE VIEWED ONLINE AT WWW.VCBA.ORG CREATIVE DISPUTE RESOLUTION CONTINUING THE EXPANSION AND TRADITION OF EXCELLENCE IN MEDIATION AND ARBITRATION ESTABLISHED IN 1986 BY PAUL D. FRITZ ESQ. (1941-2011) MEDIATION OF ALL CIVIL DISPUTES • Business Litigation • Construction Defects • Serious Personal Injury • Partnership Dissolution • Insurance Claims • Wrongful Death • Probate • Professional & Medical Malpractice • Trade Secret Disputes • Employment - Wrongful Termination • Real Estate JOINING FORCES Hon. David W. Long David M. Karen, Esq. • Ventura County Superior Court, Retired • 35 Year Trial Attorney • Appointed Judge of the Ventura County • Member, American Board of Trial Municipal Court Advocates (ABOTA) • Appointed and served for two years as • The Straus Institute for Dispute Resolution Ventura County Superior/Municipal Pepperdine School of Law (2004) Commissioner • Los Angeles Superior Court-ADR • Chair of the VCBA-ADR Section HIGHLY SKILLED AND EFFECTIVE MEDIATORS WE GET IT DONE cdrmediation.com (805) 498-9494 3155 Old Conejo Road, Thousand Oaks, CA LATERALS AND AFFILIATIONS WELCOMED! OFFICES AVAILABLE! LITIGATION AND TRIAL REFERRALS WELCOMED! DK LAW GROUP DAVID M. KAREN [email protected] (805) 498-1212 SEPTEMBER 2019 • CITATIONS 3 PRESIDENT’S MESSAGE by Douglas K. Goldwater Admittedly, when I was originally presented final milestone birthday that my father got until I broke my treadmill and figured that with the opportunity to serve as Ventura to experience. Following this milestone I should start running outside. Feeling County Bar Association’s president, I had birthday, he only got to celebrate three healthier became addictive and I just kept only one reservation. Over the span of more birthdays. To some extent, I believe adding miles to the run and, soon, other my career, I picked up CITATIONS every that it is natural for individuals to use their activities to the regimen. month and marveled at how the president parents’ lifespans as something of a gauge. was able to come up with material to fill With that in mind, I have been thinking As attorneys, we endure tremendous a page of each issue. This, certainly, was – what should I do differently if, like my stress and devote so much of our time not something that I could do. So, on that father, I only have three more birthdays and ourselves to our clients and career. fateful day when Erik Feingold casually after this year? As a result, we tend to neglect ourselves inquired about whether I wanted to serve by not focusing on our own health and on the Executive Committee and, in 2019, Although this has been on my mind more not spending enough time with our loved as president, the first thought that crossed recently because of the impending milestone ones. While consistently being successful my mind was – will I have to write those birthday, candidly, it’s a nagging thought is, indeed, something to strive for, we are monthly articles for CITATIONS? that has been with me for several years now. not promised tomorrow. When faced with For example, many of you who know me the question “What if I only have three Having now written eight President’s witnessed a physical transformation a few more birthdays left?,” I plan to spend more Messages, I can honestly say that it was years back. While I wish I could say that the time with my family and close friends, more daunting of a task in concept than transformation was the sudden growth of a and to continue to exercise regularly (in it has turned out to be in reality. I was full head of hair, I am referring to my loss hopes of extending well beyond those three able to churn out those first eight articles of approximately 35 pounds. I was never a birthdays). What will you do to get the with relative ease. After completing the runner in my youth unless I was chasing a fullest out of your life? last article, however, I began experiencing soccer ball in short bursts. Realizing that I something of a “writer’s block.” In an had gotten quite out of shape, and with the effort to fight through the block, I began thought of my father’s lifespan in the back asking some prior VCBA presidents for of mind, I started getting on the treadmill Douglas K. Goldwater is a partner at suggestions on future topics about which I each morning. I started with just trying Ferguson Case Orr Paterson, LLP. His practice could write. to run a mile at a reasonable pace, then focuses on family law. He can be reached at built on that to two miles. That progressed (805) 659-6800 or at [email protected]. While some gave me legal-related topics that I could tackle, one former president provided some interesting advice. “Believe it or not,” he said, “You should write about yourself, like you did in your first article.” Write about me? How would that be interesting to anybody? I am still not quite sure, but, heck, I’ll give it a shot. If there are letters to the editor in future issues grumbling about how dull or self-absorbed this month’s message is, then we can all just blame the advice-giver. Fittingly, however, the advice was given to me in advance of the drafting of the President’s Message for September – my birthday month. This year’s birthday is one of those milestone birthdays. While it is certainly a birthday that I will celebrate, it is also one that will be somewhat bittersweet. This particular milestone birthday was the 100% 80% 60% 40% 20% 10% 100% 80% 60% 40% 20% 10% 100% 80% 60% 40% 20% 10% 100% 80% 60% 40% 20% 10% 60% 40% 20% 10% 100% 80% 60% 40% 20% 10% 100% 80% 60% 40% 20% 10% 100% 80% 60% 40% 20% 10% 100% 80% 60% 40% 20% 10% 60% 40% 20% 10% 4 CITATIONS • JANUARYSEPTEMBER 2019 2019 2019 VCBA BOARD OF DIRECTORS OFFICERS MEDIATOR/ARBITRATOR President Douglas K. Goldwater PERSONAL INJURY AND BUSINESS, President-Elect CONSTRUCTION, REAL ESTATE Kathryn E. Clunen AND PROBATE/TRUST DISPUTES AND LITIGATION. Secretary-Treasurer Marc D. Anderson Past President Richard M. Norman, Esq. CharmaineP. Mark H.Kirwin Buehner • Trial Attorney – AV Rated ChiefExecutive Executive Director Officer SteveSandra Henderson, D. Rubio CAE • Member: American Board of Trial Advocates (ABOTA) • Past President and Member of Ventura County Bar Association, LindaLinda K. K. Ash Ash KataKata KimKim Charmaine Buehner Louis H. Kreuzer and Ventura County Trial Lawyers Association Rachel Coleman Louis H. Kreuzer • Trained Mediator - Pepperdine University Straus Institute RachelSasha ColemanL. Collins CameronCameron T. T. NorrisNorris SashaMargaret L. Collins J. Coyle Guillermo"Bert"Guillermo“Bert” PartidoPartida & Negotiation Strategy Institute MargaretVanessa M.J. Coyle Frank KymberleyKymberley E.E. PeckPeck • American Arbitration Association and FINRA Arbitration Panel VanessaDarren M. J. Goodman Frank TimothyRabiah A. J. RahmanQuinn • Reasonable Fees - Flexible Scheduling - No Administrative Charges DarrenJoshua J. S. Goodman Hopstone RabiahJacquelyn A. RahmanD. Ruffin JoshuaBrian S.C. Hopstone Israel JacquelynLauren R. D. Wood Ruffin BrianStephanie C. Isreal A. Johnson Lauren R. Wood Stephanie A. Johnson Richard M. Norman, Esq., Of Counsel Norman Dowler, LLP. CITATIONS EDITORIAL BOARD 840 County Square Drive, Ventura, CA 93003-5406 Co-ManagingManaging Editor Editor (805) 654-0911 • [email protected] WendyCari Ann C. Lascher Potts Co-Managing Editor WendyCari Ann C. Lascher Potts Publisher SandraPublisher, D. CEORubio Steve Henderson Creative J.P. McWaters Creative Mediation J.P. McWaters Where common sense AliceAlice Arnold Arnold RabiahLauren E.A. SimsRahman and the law intersect. RachelRachel Coleman Coleman LaurenKathleen E. J. Sims Smith KarenKaren B. B. Darnall Darnall MichaelClaudia SilvermanR. Sment PandaPanda L. L. Kroll Kroll KathleenAl Vargas J. Smith CarolCarol Mack Mack AlRichard Vargas Walton MichaelRabiah L.A. McQueenRahman Business / Contract Personal Injury Employment Oil & Gas CITATIONS is published monthly by the Real Property Other CITATIONS Real Property Other Ventura County is publishedBar Association. monthly The articlesby the Venturain CITATIONS County Bar are Association. the views of The the authors,articles in CITATIONSand should notare thebe construedviews of theas legalauthors, advice. and should not be construed as legal advice. Every Gisele Goetz, Esq., Mediator Every situation is different. Consult a lawyer Hollister & Brace, a professional corporation situationif you need is different. legal advice. Consult a lawyer if you need Hollister & Brace, a professional corporation legal advice. Submit all advertising, Submit all editorial Submit all advertising, Submit all editorial Serving Ventura and Santa Barbara Counties classified and calendar matters to: Serving Ventura and Santa Barbara Counties classified and calendar matters to: Member: State Bar of California, VCBA, SBCBA mattersmatters to:to: Member: State Bar of California, VCBA, SBCBA VCBAVCBA CITATIONSCITATIONS 44754475 MarketMarket St.St. 54255425 EvergladesEverglades St.St. SuiteSuite BB Ventura,Ventura, CACA 9300393003 (805) 963-6711 Ventura,Ventura, CACA 9300393003 t:t: 805.644-7188805.644-7188 (805) 963-6711 t:t: 805.650.7599805.650.7599 f:f: 805.644-7390805.644-7390 f:f: 805.650.8059805.650.8059 [email protected]@mwgjlaw.com e:e: [email protected]@vcba.org [email protected] www.vcba.orgwww.vcba.org SEPTEMBER 2019 • CITATIONS 5 Congratulations to Jim McDermott and Jessica M. Wan for their recent victory in re: Huy Fong Foods vs.