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Judge Robert Timlin 1932-2017

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PRSRT STD Riverside US POSTAGE County LAWYER PAID PERMIT #1054 Riverside County Bar Association RIVERSIDE, CA 4129 Main St., Ste. 100, Riverside, CA 92501 RCBA 951-682-1015 LRS 951-682-7520 April 2017 • Volume 67 Number 4 MAGAZINE www.riversidecountybar.com [email protected] Judge Robert Timlin 1932-2017 The Official Publication of the Riverside County Bar Association Publications Committee Sophia Choi Robyn Lewis Julianna Crawford Jennifer Lynch Donald Cripe Juanita Mantz Melissa Cushman Christopher Marin DW Duke Chad Morgan CONTENTS Abram Feuerstein Charlene Nelson Stefanie Field Dawn Saenz Alexandra Fong Nesa Targhibi Betty Fracisco Mohammad Tehrani Amy Guldner Jamie Wrage Boyd Jensen Lisa Yang Columns: Editor ............................................. Jacqueline Carey-Wilson Copy Editors ..................... Yoginee Braslaw & Juanita Mantz 3 ...................President’s Message by Jean-Simon Serrano Design and Production ........................ PIP Printing Riverside 6 ............ Barristers President’s Message by Erica M. Alfaro Cover Design .........................................PIP Printing Riverside Officers of the Bar Association President President-Elect Jean-Simon Serrano L. Alexandra Fong COVER STORIES: (951) 682-6400 (951) 955-6300 8 ................................ You Don’t Get to Keep Stolen Property; [email protected] [email protected] Neither Should Your Bank Vice President Chief Financial Officer by Donald P. Wagner Jeffrey A. Van Wagenen, Jr. Jack B. Clarke, Jr. (951) 955-1309 (951) 686-1450 10 ... The Case of Al Capone: An Application of the Taxing Power to [email protected] [email protected] Prosecute an Elusive Criminal Secretary Past President by DW Duke Sophia H. Choi Robyn A. Lewis (951) 955-6300 (951) 682-0488 12 .............Visiting Perry Mason: A Trip to the Temecula Valley [email protected] [email protected] Museum’s Erle Stanley Gardner Exhibit Directors-at-Large by Abram S. Feuerstein Nicholas Firetag Lori Myers 16 ........................................................Alternative Sentencing — (951) 684-2171 (949) 300-3596 [email protected] [email protected] A Look into Use of Alternatives to Incarceration Kelly A. Moran Matthew Strickroth by Nesa Targhibi (951) 955-6300 (951) 955-5400 [email protected] [email protected] Executive Director Charlene Nelson (951) 682-1015 [email protected] Features: 18 .............. Our Friend, Bob — A Tribute to Judge Robert Timlin, Officers of the Barristers Association 1932-2017 by Terry Bridges 20 ......................Presentation of the Saint Thomas More Award to President Treasurer Judge Robert Timlin in May 2004 Erica Alfaro Nesa Targhibi (951) 656-8313 [email protected] Members-at-Large Alexandra Andreen 21 ... Riverside County Bar Foundation, Inc.’s Inaugural Fundraiser Vice President David Hamilton Julianna Crawford Shumika Sookdeo by L. Alexandra Fong Breanne Wesche Secretary 22 ...................Poly High School Repeats as Mock Trial Champion Priscilla George Past President Christopher Marin by John Wahlin Riverside County Bar Association 4129 Main Street, Suite 100 Riverside, California 92501 Telephone Facsimile Departments: 951-682-1015 951-682-0106 Internet E-mail Calendar .................. 2 Membership .............. 19 www.riversidecountybar.com [email protected] Classified Ads ............. 24 Riverside Lawyer, April 2017 1 MISSION STATEMENT CALENDAR Established in 1894 APRIL The Riverside County Bar Association, established in 1894 to foster social inter ac tion between the bench and bar, is a professional or ga ni- 12 Criminal Law Section Noon – 1:15 p.m. zation that provides con tinu ing education and offers an arena to resolve RCBA Gabbert Gallery various prob lems that face the justice system and attorneys prac tic ing in Speaker: Virginia Blumenthal Riverside County. Topic: Child Sexual Abuse Accommodation Syndrome (CSAAS) RCBA Mission Statement MCLE The mission of the Riverside County Bar Association is: 14 General Membership Meeting To serve our members, our communities, and our legal system. Noon – 1:15 p.m. RCBA Gabbert Gallery Membership Benefits 18 Family Law Section Meeting Involvement in a variety of legal entities: Lawyer Referral Service Noon – 1:15 pm (LRS), Riverside Legal Aid, Fee Ar bi tra tion, Client Re la tions, Dis pute RCBA Gabbert Gallery Res o lu tion Ser vice (DRS), Barristers, Leo A. Deegan Inn of Court, Mock Speaker: Tammy Chesworth, Family Court Trial, State Bar Confer ence of Dele gates, Bridg ing the Gap, and the RCBA Services Manager Topic: Child Custody Recommending - Riverside Superior Court New Attorney Academy. Counseling Overview Membership meetings monthly (except July and August) with key note MCLE speak ers, and par tic i pa tion in the many committees and sections. Eleven issues of Riverside Lawyer published each year to update you 19 Estate Planning, Probate & Elder Law on State Bar matters, ABA issues, local court rules, open forum for com- Section Noon – 1:15 pm mu ni ca tion, and timely busi ness matters. RCBA Gabbert Gallery Social gatherings throughout the year: Installation of RCBA and Speaker: Herb Chavers, Esq. Bar risters Of fic ers din ner, Law Day ac tiv i ties, Good Citizenship Award Topic: Helping Clients Prepare and Journey ceremony for Riv er side Coun ty high schools, and other special activities. Through Long-Term Care Challenges Continuing Legal Education brown bag lunches and section work- MCLE shops. RCBA is a cer ti fied provider for MCLE programs. 26 Business Law Sections Noon – 1:15 p.m. RCBA Gabbert Gallery The Riverside Lawyer is published 11 times per year by the Riverside County Speaker: Bar Association (RCBA) and is distributed to RCBA members, Riverside Topic: “Help! They’re Raiding Company County judges and administrative officers of the court, community leaders Assets!—Using TROs & Preliminary and others interested in the advancement of law and justice. Advertising and Injunctions to Protect Your Client” an nounce ments are due by the 6th day of the month preceding publications MCLE (e.g., October 6 for the November issue). Articles are due no later than 45 days preceding publi ca tion. All articles are subject to editing. RCBA members 25 Appellate Law Section receive a subscription au to mat i cal ly. Annual sub scrip tions are $25.00 and Noon – 1:15 p.m. single copies are $3.50. RCBA Gabbert Gallery Submission of articles and photographs to Riverside Lawyer will be deemed to be authorization and license by the author to publish the material in the Riverside Lawyer. For the latest calendar information please visit the RCBA’s website at riversidecountybar.com. The material printed in the Riverside Lawyer does not necessarily reflect the opin ions of the RCBA, the editorial staff, the Publication Committee, or other columnists. Legal issues are not discussed for the purpose of answering spe cif ic questions. Independent research of all issues is strongly encouraged. 2 Riverside Lawyer, April 2017 the wrongful act or omission when such facts are known to the attorney, except that this subdivision shall toll only the four-year limitation.”1 Looking at subsection (2) of the statute, the question remains: When does representation end? The Third Appellate District recent- ly attempted to answer this question. In Flake v. Neumiller & Beardslee (2017) ___Cal.Rptr.3d___, 2017 WL839822 (Flake) for- mer counsel moved to withdraw from representing his client, indi- cating in his declaration that new counsel had already taken over the handling of the case. The motion to be relieved as counsel was filed on November 25, 2009, was unopposed, and was granted on by Jean-Simon Serrano January 7, 2010. On January 6, 2011, the client sued former counsel for malpractice – more than one year after the motion to withdraw When does representation of a client was made but less than one year after the motion was granted. end? Does it end with your client being dis- Former counsel moved for summary judgment, arguing the suit missed from the lawsuit? Does it end when was filed more than one year after any objectively reasonable person your client receives their settlement check would have believed they were still represented by counsel and thus or when you receive your last check for fees? it was time-barred by section 340.6. Plaintiff (former client) argued What about for purposes of malpractice? that representation continues until the agreed-upon tasks or events The statute of limitations for legal mal- have occurred, the client consents to termination, or the court practice is set out in Code of Civil Procedure grants the motion for withdrawal. section 340.6. That section, pertinent to The trial court held that the former client (Flake) had no this discussion, states: objectively reasonable expectation that his former attorney would continue to perform legal services after Flake was served with the “An action against an attor- motion to withdraw. This was especially true because the declara- ney for a wrongful act or omission, tion accompanying the motion indicated that a new attorney had other than for actual fraud, arising taken over representation on Flake’s file. Flake’s malpractice action in the performance of professional was deemed untimely. services shall be commenced within On appeal, the appellate court recognized that “the end of an one year after the plaintiff discovers, attorney-client relationship is not always signaled by a bright line.”2 or through
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