Retiring Court of Appeal Justice Paul Coffee Sets Retirement Sails

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VCBA MISSION STATEMENT To promote legal excellence, high FEBRUARY – TWO THOUSAND TWELVE ethical standards and professional conduct in the practice of law; to improve access to legal services for all people in Ventura County; and to work to improve the administration of justice.

Retiring Court of Appeal Justice Paul Coffee sets retirement sails

Page 6

By Wendy Cole Lascher

Dien Le BARRISTERS: A Glimpse into the Past and Looking to the Future 3 Steven Z. Perren LETTER TO THE EDITOR: MORE BAR SHOW MEMORIES 5 Louis J. Vigorita CONTEMPLATING COFFEE 7

William E. Paterson FILM REVIEWS: HUGO, A BETTER LIFE, THE DESCENDANTS... 9 Louise A. LaMothe MED-ARB? MAYBE 14 EAR TO THE WALL 16

JILL L. FRIEDMAN WLVC: A Reception with the Appellate Justices of Division Six 17 We Read So You Don't Have To: TEETH, NOT LIP SERVICE 18

ClassiFiedS 21

STEVE HENDERSON EXEC’S DOT... DOT... DOT... 22

This will be your last issue of CITATIONS unless you have paid your bar dues!!! 2 CITATIONS • FEBRUARY 2012

A proud member of the Ventura County Bar Association FEBRUARY 2012 • CITATIONS 3 President’s Message: Ventura County Barristers – A Glimpse into the Past and Looking to the Future By Dien Le

Nights were started at the Salvation Army’s Transitional Living Center in Ventura, where Barristers assist indigent residents who need access to our courts in such areas as family law, criminal law, and housing. Barristers hope to build on this idea and expand outreach to other community organizations. This year, VCBA’s pro bono program, Volunteer Lawyer Services Program (VLSP), will be a fortunate beneficiary of Barristers’ fundraising efforts.

Those who think that Barristers is no longer about training and professional development of new attorneys, should remember that Barristers still presents its Bridging the Gap conference every other year, featuring Apart from the first message, which is currently consists of over 15 board members. distinguished panelists and provides up to traditionally supposed to be about the The original focus was on having brown bag 6 MCLE credits (free for new admittees). president, I want to focus the rest of the year lunch meetings at the courthouse by inviting Another Barristers’ activity that has made on the diverse faces and things that make judges and attorneys to speak about different a big comeback in the past year (thanks to VCBA a great organization. With that in areas of law, practice tips and providing current Treasurer Rennee Dehesa) is the mind, each month I will be showcasing one continuing education. One of Barristers’ Mentorship Program. This program is or more of VCBA’s 35 sections, committees signature events has to be Judges’ Pizza an invaluable way for newer attorneys to or affiliates. Night, which gives members the exclusive receive career advice and guidance from more opportunity to meet all of the local justices, seasoned attorneys. One of the most active sections with a long judges and commissioners in an informal distinguished history is the Ventura County setting. The event has become so popular It’s worth noting that Meghan pioneered the Barristers. What better way to start than over the years that during the administration development of an e-mail distribution list by looking at the Barristers President’s of Meghan Clark (2001), the location of of members, while during my year (2002), Award plaques hanging in the hallway of the event had to be kept a secret (attendees I infamously became dubbed the “king the VCBA office. There you will find the had to call the VCBA office) so as to prevent of spam” for my prolific use of e-mails to names of all the past presidents of Barristers LA attorneys and other non-Barristers from notify members. However, Joel Villaseñor beginning with Joe Strohman (1986) and crashing. Under the leadership of Jesse (2005) was known for the most creative and ending with Christina Stokholm (2011). Cahill (2007), the focus then shifted to eloquently written e-mail blasts. With the Also included among that list are Greg more fun and social events with the first advent of social media, Mike Strauss (2009) Totten (1987) and Paul Tyler, who has the Bowling Night. Katie Pietrolungo (2008) was the first to create Barristers’ Facebook distinction of serving two terms (1997 and continued the momentum of more sports- page. 1998). While I assumed that Joe was the related and competitive events with the first first president, upon further investigation, I Barristers’ Cup Three-on-Three Basketball What is clear from all of my interviews of learned that Barristers was founded in 1982 Tournament. This inaugural tournament was past and current members is that all felt that by Richard Loy. However, Rick is quick recognized with an Award for Achievement getting involved with Barristers offers them to give credit to Judge Fred Bysshe, who from the ABA Young Lawyers Division. the chance to “meet people you would not was VCBA president that year and was a Another fun event that soon followed was otherwise get to,” get to know colleagues strong proponent of establishing a “young” the annual darts tournament. outside of the office and develop lasting attorneys group. Judge Bysshe has been an friendships, and give back to the community, unstinting supporter ever since. Barristers then eventually combined the which they find the most rewarding. Given fun, social and competitive activities with the current challenges facing new attorneys Barristers, which started as a modest group supporting local charitable causes such entering one of the most difficult job of 10-15 members, has now grown to over as Food Share, YMCA, Make-A-Wish markets, compounded by the fact that most 100+ members. To be a Barrister, you have to Foundation, and Habitat for Humanity. Barristers are still paying back significant be either less than 36 years old, or in practice Last year, through the efforts of current loans from law school, fostering such for seven years or less. The Barristers Board Vice President Matt Purcell, the Self-Help Continued on page 5 4 CITATIONS • FEBRUARY 2012

2012 VCBA BOARD OF DIRECTORS OFFICERS MEDIATION/ ARBITRATOR President MEDIATION/ ARBITRATOR Dien Le President-Elect Richard M. Norman Joel Mark Richard M. Norman Secretary-Treasurer Laura V. Bartels Past President Joseph L. Strohman Executive Director, CEO • 40 years litigation experience-AV rated. Steve Henderson, CAE • Personal injury, business, construction, employment, real estate, probate/trust, partnership and corporate disputes and dissolutions • Member: American Board of Trial Advocates Bret G. Anderson• 40 Michaelyears S. Lavenant litigation• experience-AV rated. Jessica Arciniega Alyse M. Lazar Past president Ventura County Bar Association and Ventura County Alvan A. Arzu• PersonalSusan L. McCarthy injury, business,Trial Lawyers construction, Association employment, real estate, Linda K. Ash Kathryn E. Pietrolungo • American Arbitration Association and NASD arbitrator Michele M. Castillo probate/trust,Eric R. Reed partnership• Trained Mediator– and Pepperdinecorporate University disputes Straus Instituteand dissolutions Josef M. Dion Christina S. Stokholm • Erik B. Feingold Michael A. Strauss Reasonable fees and flexible scheduling. No administrative charges. • Member: American Board of Trial Advocates Jill L. Friedman Robert S. Krimmer, Richard M. Norman Douglas K. Goldwater• PastBarristers president Ventura County Bar Association and Ventura County William M. Grewe Of Counsel Trial Lawyers Association Norman Dowler, LLP CITATIONS EDITORIAL BOARD 840 County Square Drive • American Arbitration AssociationVentura, and California NASD 93003-5406 arbitrator Managing Editor •WendyTrained C. Lascher Mediator– Pepperdine(805) 654-0911 University [email protected] Straus Institute • Publisher,Reasonable CEO fees and flexible scheduling. No administrative charges. Steve Henderson Graphics/Production Richard M. Norman J.P. McWaters Assistant Editor Of Counsel Bill Lascher NormanSpe Dowler,cial iLLPzin g in Karen B. Darnall rachel Coleman 840 County Square Drive Michael L. McQueen Mark E. Hancock Michael R. Sment Aris E. Karakalos Ventura,Le Californiagal P l93003-5406aceme nt Michael A. Velthoen Panda L. Kroll Louis J. Vigorita Gregory Herring(805) 654-0911Leg a [email protected] Staffing and Executive Recruitmen t Al Vargas Carol Mack Expertise • Experience • Efficiency Serving the recruitment needs of lawyers and law firms CITATIONS is published monthly by the Ventura for more than 30 years with integrity and confidentiality! County Bar Association. Editorial content and policy are solely the responsibility of the Ventura County Bar Association. Submit all advertising, Submit all editorial classified and calendar matters to: matters to: VCBA CITATIONS 4475 Market St., P.O. Box 25540 Suite B, Ventura, CA 93002 Ventura, CA 93003 t: 805.659.6800 Focused Recruitment Attn: Executive Director f: 805.643.7692 Kathi Whalen, CAC & Staffing President & Founder t: 805.650.7599 [email protected] f: 805.650.8059 e: [email protected] [email protected] w: www.vcba.org 805.443.8422 • www.whalenbryan.com FEBRUARY 2012 • CITATIONS 5 LETTERS TO THE EDITOR: MORE BAR SHOW MEMORIES

I do remember the first bar show. I had no member of the cast, finishing the scene Re: Hon. George Eskin's Jan 2012 article idea what they were up to or why. I was a with a rousing chorus of “I Am Woman.” entitled “Standing Ovation.” newly hired Deputy. I was in the chorus of She was joined by her co-conspirators on marching scouts George Eskin mentioned. the stage as the audience’s wrath turned to Enjoyed your article in CITATIONS. It was at the Elk’s Lodge Hall in Oxnard. As laugh. Theater, after all, is the great educator. Some great memories there. I recall at the the years passed the shows became funnier The number of lawyers in the county was discussion in Thousand Oaks about topless and more intricate. The era lasted a decade relatively small and the "inside" jokes were dancing that there was a suggestion that the or so. We had performances at the Holiday understood by all. We knew and liked one practice should be governed by local zoning Inn, the Elk’s Lodge, Mandalay Bay and (I another… or, perhaps, time has made it so. ordinances. I believe that it was Marv Lewis believe) The Lobster Trap. I recall one was George was the driving force. who spoke up and said that topless dancing so successful that the audience exceeded the should take place in the “erogenous zone.” numbers of dinners that had been ordered. Ever resourceful, someone, I know not Steven Z. Perren is Happy New Year whom, went out for McDonald’s Burgers an associate justice of which, as I recall, may have been a step Division Six of the Roland Purnell up. Also dear to my heart was the number 2nd District Court of is a retired judge of performed in drag by the male ensemble Appeal. the Ventura Superior that, by design, was a lampoon of the Court. feminist movement. As it progressed one could sense the audience discomfort until Nancy Sieh boldly stood up and rebuked us. She stormed to the stage with her escalating rebuke equaled only by the audience’s equally rising cheers and despite Frank’s seemingly sincere and futile efforts to calm her. On stage she gracefully moved from scold to President’s Message: Continued from page 3 networking opportunities may prove more beneficial than ever in terms of assisting with the job search.

2012 president Bob Krimmer’s goal is to keep the energy going by maintaining the current initiatives, while being sensitive to the time constraints of newer attorneys and the legal community as a whole during these tough economic times. Initially, Bob had reservations about taking on this position because he was older than everyone else (having had a previous career in the entertainment industry), but soon felt very welcomed. He believes Barristers is not so much a function of age, but common shared experiences as a new attorney starting out in the profession. I wholeheartedly share Bob’s vision of enhancing the communication, coordination and collaboration with VCBA because when all is said and done we are all part of one bar.

Dien Le is a partner at Westlake Village-based Sullivan Taketa LLP, where he represents clients in business litigation, employment litigation, real estate litigation and appellate matters in both federal and state courts. 6 CITATIONS • FEBRUARY 2012

BAR LEADERSHIP Retiring Court of Appeal ADR SECTION Justice Paul Coffee sets retirement sails Michael Wolfram 491-2770 ANNUAL DINNER By Wendy Cole Lascher Eric Reed 288-1300 ASIAN BAR John Fukasawa 383-2788 A native of Madera County, Coffee joined BANKRUPTCY the Navy in 1954, after graduating from Michael Sment 654-0311 U.C. Berkeley. He spent six years as a naval BARRISTERS aviator and then returned to Berkeley to Robert S. Krimmer 988-9886 BENCH/BAR/MEDIA COMMITTEE attend Boalt Hall School of Law. Kendall VanConas 988-9886 BENCH-BAR RELATIONS COMMITTEE Coffee learned what it was like to be a Matt Guasco 256-4972 trial lawyer during 12 years of insurance BLACK ATTORNEYS ASSOCIATION defense practice in San Jose, followed Alvan Arzu 654-2500 BUSINESS LITIGATION SECTION by another 17 years in San Luis Obispo. Erik Feingold 644-7188 He was elected to the American Board CITATIONS of Trial Advocates in 1982 and became Wendy Lascher 648-3228 president of the tri-counties chapter in CLIENT RELATIONS 1989. Coffee also served as president of Dean Hazard 981-8555 COURT TOUR PROGRAM the Association of Defense Counsel of Thomas Hinkle 656-4223 Northern California in 1989. CPA LAW SOCIETY Douglas Kulper 659-6800 “No matter where I was, I tried to Fellow Justice Steven Perren first met EAST COUNTY BAR Coffee in 1978 when Perren handled Bret Anderson 659-6800 remember what it was like being a trial FAMILY LAW BAR lawyer. I wanted our court to be a plaintiffs’ personal injury cases and Douglas Goldwater 659-6800 hospitable place.” Coffee was the managing partner for INTELLECTUAL PROPERTY Hoge, Fenton, Jones and Appel in San Chris Balzan 658-1945 Retiring Court of Appeal Justice Paul Luis Obispo. Perren says Coffee “was J.H.B. INN OF COURT a wonderful opponent: fair, tough and David Lehr 477-0070 Coffee obviously achieved that goal. The JUDICIAL EVALUATION COMMITTEE first words from every staff member, lawyer courteous. He gave nothing away but Linda Ash 654-2580 and judge I interview about Coffee on the respected what you did and expected the LAW LIBRARY COMMITTEE eve of his retirement focus on how nice, same in return. He set a standard for Eileen Walker 444-6308 how human he is. civility amongst the litigation bar that MEXICAN AMERICAN BAR ASSOCIATION should be the model for all trial lawyers.” Rennee Dehesa 988-8324 PRO BONO ADVISORY BOARD Kathy Pendergest, Coffee’s judicial David Shain 659-6800 assistant throughout his Court of Appeal Appointed to the Superior Court of San PROBATE & ESTATE PLANNING SECTION career, describes him as a “very kind man, Luis Obispo County in 1992, Coffee Amber Rodriguez 643-4200 very dedicated. He has a great deal of rotated through a variety of assignments. REAL PROPERTY That diverse experience served him well Ramon Guizar 988-8365 integrity. His door was always open to SILENT AUCTION everyone and he is a great listener, an all- when Governor Deukmejian elevated Donald Hurley 654-2585 around really good guy.” Research attorney Coffee to the Court of Appeal in 1997. VCBA/VLSP, INC. Audrey Austin, who started working at His colleague Justice Kenneth Yegan Joseph Strohman 659-6800 the Court of Appeal at the same time as noted that Coffee “came to us with the VLSP, INC. EMERITUS ATTORNEYS practical wisdom that one can obtain only Verna Kagan 650-7599 Pendergest and Coffee, says Coffee is an VC TRIAL LAWYERS ASSOCIATION “amazing attorney with an amazing sense from long service in the trenches of the Allen Ball 339-2950 of humor...He’s a naturally talented writer” trial court. [The late] Presiding Justice VC WOMEN LAWYERS with “amazing compassion for human [Lester] Roth would call this, ‘toiling in Jill Friedman 644-7188 struggles and failings” and an ability to the vineyard of the law.’ We were indeed VCBA STAFF 650-7599 look at a case “beyond the words on paper.” fortunate to have had a colleague who Steve Henderson - Executive Director had toiled so long and so well.” Coffee Alice Duran - Associate Executive Director And Division Six Clerk Paul McGill notes Celene Valenzuela - Administrative Assistant how Coffee always treats the court’s staff says that in handling appeals he always Alejandra Varela - Client Relations Manager with respect, is always thoughtful and “remembers what it was like being a trial Verna Kagan, Esq. - VLSP Program Manager considerate of their workload and how he judge.” Among other things, this has led Peggy Purnell - CTP Coordinator could help the staff. him to remind his fellow justices “to give Judith Logan - Development Director precise instructions in [our] opinions FEBRUARY 2012 • CITATIONS 7

about what should happen in the trial the law, his integrity, and his friendship. appellate court justice. I wish him a well- court.” Paul has been around the block, the deserved, happy and fruitful retirement.” wharf, and the mountains. He is a pilot, a When Coffee left the Navy and the thrill navigator, a litigator, a jurist, and, forever, of carrier landings, he took up car racing. a gentleman.” Wendy Cole Lascher He also became an avid pleasure sailor. is a State Bar certified After joining Division Six and moving to McGill recognized Coffee as “the best of specialist in appellate Ventura, Coffee took up residence aboard the best. We are all very blessed to have law with the firm his sailboat in the Ventura Harbor. He such wonderful people to work for.” And Ferguson Case Orr only recently moved ashore, to a “land Yegan summed up for all of us: “I already Paterson LLC in yacht.” miss Paul Coffee and he hasn’t really left Ventura. yet. He is a fine gentleman and a fine Coffee converted to Catholicism several years ago. He is active in his faith, attends Mass daily and participates weekly in a Bible study group. He has CONTEMPLATING COFFEE also been a regular at his gym, at the By Lou Vigorita Ventura Farmers Market, and at local As a workers’ compensation attorney singing in chambers. breakfast hangouts. Remembering his I would not have the opportunity to law practice roots, Coffee is frequently try cases with Paul Coffee the defense Most impressive to me was Paul’s seen at meetings of Ventura County attorney for the simple reason that I spirituality. He traveled up north to Trial Lawyers and ABOTA. did not practice civil law. Nor would the retreat center because that is where I be appearing before Paul Coffee the his heart was. The other retreatants Katy Graham, another of Coffee’s research civil judge for the same reason. I would were an amalgam of Paul’s old friends, attorneys, says she learned from Coffee’s not even appear before Paul Coffee including trial judges, appellate justices, example how to get along with other the appellate justice. My workers’ former opposing counsel, and former people in ways she had never imagined compensation appeals rarely went that government officials from his pre- before she went to work in Coffee’s far. Nonetheless, I did get to meet Paul Ventura days. Their mutual admiration chambers. “He puts no energy into Coffee the “contemplative.” was evident. defending his own point of view; he never embarrasses other people or even makes Paul Coffee the retreatant introduced me All the while Paul shared with me his unnecessary remarks about people. He to the annual silent retreat for the legal thoughts and encouragement. Looking puts all his energy into understanding profession that takes place in Los Altos, back, I think he was showing by example the other person’s point of view,” Graham California. A few years ago Jim Farley that there is more to life than the practice said. asked me to give a ride to a friend who of law or appointment to the bench. had recently had back surgery. Little He painted the big picture for me that Coffee’s colleagues are among his many did I know that would be Paul Coffee. weekend, and I am very grateful that I friends. Perren emphasized that Coffee The six-hour drive there and back was had that one-on-one time with one of the has the “insight of an experienced and almost as rewarding as the retreat itself. most spiritual men I have met. common sense lawyer who had a gift for Paul treated me to stories of growing assessing what a case [is] really about; and up in the Central Valley, “holier than a sense of compassion that transcended thou” classmates at Cal, defense attorney Lou Vigorita handles our professional relationship...He has litigation wars, partner stories, the workers’ compensation often been a source of wisdom and Central Coast commutes to Bay Area and Social Security counsel for me.” Presiding Justice Arthur partnership meetings and anecdotes disability law. Gilbert wrote for the San Luis Obispo about the appellate bench. Through Paul He is a member Bar publication that as the court and the I got an insider’s view of the justices, of CITATIONS’ world have changed over the years, “what from Justice Gilbert’s “Can’t we all editorial board. remained constant was Paul’s presence, get along” entreaties to Justice Perren his wisdom, his humanity, his devotion to 8 CITATIONS • FEBRUARY 2012

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FEBRUARY 2012 • CITATIONS 9 FILM REVIEWS: HUGO, A BETTER LIFE, THE DESCENDANTS, POINT BLANK, THE ARTIST AND NAMES OF LOVE By Bill Paterson

Hugo of a cryptic message which will change decency of this hard-working man. many lives. Watching the automaton as The film is also a vivid portrait of life Who would have thought that the man it slowly comes back to mechanical life in East L.A., a place far removed from who brought us “Taxi Driver”, “Raging is but one of the myriad of captivating the manicured yards of the West Side Bull” and “Goodfellas” would favor us scenes Scorsese has conjured up for us. where Carlos spends his workdays. In its with a “family film?” But hats off to theatrical release.”A Better Life” earned Martin Scorcese for “Hugo,” a warm A brief confession: for the first half- a paltry $1.8 million. A shame, because hearted tale perfectly suited for the hour or so of the film I had the uneasy it is one of the most memorable films holiday season. feeling that all “Hugo” had to offer was of the year. special effects. However, my patience It is the late 1920s and young Hugo was rewarded and once the story began The Descendants (Asa Butterfield) lives alone in the to unfold I was hooked. I would love to upper reaches of a Paris train station say more about how the tale plays out, Starring the ever-dependable George (the present day Musee d’ Orsay). In but why spoil surprises? Scorsese is one Clooney, “The Descendants” has his lonely aerie he tends the intricate of our most renowned directors and the garnered a host of critical acclaim and workings of the stations’ massive striking images he captures at the end awards. I am in a distinct minority on clockworks. Forced to live by his wits, of the film are a testament to both his this one and cannot echo the praise that Hugo has two imperatives in life. The love of film history and his cinematic has been lavished on the film. In fact first is to avoid being captured and artistry. Take the time to see “Hugo” on let me go out even further on a limb – I sent off to an orphanage by the ever the big screen. actively disliked it. watchful station inspector (Sasha Baron Cohen). The second is to reconstruct Unfairly overlooked (Now on DVD) Matt King (George Clooney) is a an “automaton,” a broken mechanical A Better Life Honolulu attorney undergoing three man which his father rescued years ago simultaneous crises. His thrill-seeking from a museum. Contained within its Carlos Galindo (Demian Bicher) is wife, (with whom he has less than an hundreds of cogs and gears is the key a Mexican “illegal” who has lived ideal relationship) has been in a boating to Hugo’s future if only he can get it in Los Angeles for years, working accident and is in a coma. This leads to working again. his way up from day laborer to his his second problem, trying to control his own landscaping route. He lives with pre-teen and teenage daughters. He gets Another denizen of the station is Mr. his rebellious teenage son, whom he as much respect from them as a substitute Meliese (Ben Kingsley), the humorless fears will not take advantage of the teacher would get on a bad day. Lastly, owner of a small store that sells old toys educational opportunities he never had. he has to make a decision as to what to and magic kits. When he catches Hugo The lawyer Galindo paid to secure a do with his multi-generational family’s trying to purloin some of his inventory, green card never came through, so he extensive parcel of virgin land in Kauai, Mr. Meliese grabs him and takes away lives a precarious existence – always one for which a resort developer has offered Hugo’s most precious possession, a traffic stop away from deportation. His hundreds of millions of dollars. What, notebook with all the drawings and life gets even harder when his truck and you ask, will happen to his wife? Will calculations Hugo needs in his quest all his tools are stolen. Desperate, he and he and his rebellious teenage daughter to re-build the automaton. Hugo begs his son scour the city to find the thief and come to terms? What will win out in the to have it back, but to no avail. Hugo’s the truck that is their lifeline. end, the horde of cash being dangled in luck changes, however, when he meets front of him, or preserving his family’s Meliese’s granddaughter, Isabelle (Chloe “A Better Life” is an inspirational portrait Hawaiian heritage? Let me just say that Moretz). Isabelle craves adventure. of an honorable man who broke only suspense is not one of the film’s virtues. Together she and Hugo develop a plan to one law in his life – crossing the border In my (contrarian) view, “The get his book back and unlock the secret into the U.S. to escape a life of poverty. Descendants” is an unconvincing soap of the automaton. What neither of them In his impeccable performance, Bichir opera masquerading as highbrow film know is that the automaton is the bearer perfectly captures the stoic dignity and fare. I didn’t find the central characters Continued on page 11 10 CITATIONS • FEBRUARY 2012

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JOHN JACOBS, CPA GREGG BURT, CPA PAUL THOMAS, CPA FEBRUARY 2012 • CITATIONS 11 FILM REVIEWS: Continued from page 9 in the film at all believable. Too many reasons he cannot comprehend. Before picture taken with him. It hits the front scenes depend on contrivance rather than long, he is swept up into a violent world page. The momentary notoriety, and her emotional truth, and the characters are in which nothing is quite as it seems and fearless attitude, get the woman a part given lines which exist only in movies. he doesn’t know whom to trust. as a dancer in one of George’s films. As the beleaguered father seeking to (Their meeting on the set is but one of establish a better relationship with his “Point Blank” continually keeps you off the myriad of truly inspired scenes in oldest daughter, Matt is a throwback balance with a gritty story full of twists the film.) George later gives her a piece to the hapless fathers who populated and turns. In an era of big budget action of advice that launches her to stardom 50’s sitcoms. The only difference is clones, “Point Blank” is a refreshing as “Peppy Miller.” Little does George that Ricky Nelson didn’t repeatedly reminder that there is no substitute for know that talking pictures are just over tell Ozzie to go “F—k” himself (and creative direction and an original script. the horizon and that his star is destined profane variants on that theme) while Case in point. There is a foot chase in to sink while Peppy will become one of Ozzie assumed the pose of a deer in the which Samuel is forced to flee for his Hollywood’s biggest stars. headlights. But even Matt’s capacity life through an endless labyrinth of for humiliation at the hands of his building corridors and Parisian streets. What is so enthralling about the “The oldest daughter pales in comparison to It is more exciting than anything the Artist” is how it takes this slender “plot” what he puts up with from the boy she special effects wizards of Hollywood and turns it into cinema magic. The lack brings home. I know we are supposed have come up with in many a year. Pure of dialogue (there are occasional subtitles to laugh at this miscreant’s behavior and visceral excitement. Not to be missed. in the manner of old silent films) provides Matt’s masochistic tolerance for verbal both a challenge and an opportunity. To abuse. However, what works in “The The Artist convey emotions that would otherwise Simpsons” doesn’t work here. require dialogue, visuals have to play a I hope I am wrong, but I suspect that much larger role and the actors have Now, of course, the answer to the “The Artist” may remain confined to to rely on gestures rather than words. above acerbic comments is that “The the art house circuit. If so, many will Everything has to be either larger than Descendants” is meant to be a bittersweet miss a film which I expect will grace life or remarkably subtle. Two scenes in comedy and we are supposed to buy into nearly every 2011 Top Ten list. While the film perfectly capture this concept. the conceit that for all its exaggerated audiences in the 1920s flocked to see In one, Peppy, while still a Hollywood characters and “edgy” dialogue, the silent films, it took a rare act of faith to nobody, goes into George’s dressing characters represent the universal themes make such a film today. Yes you heard room and wistfully wanders about trying of troubled family relationships. I me correctly – a silent film in black to imagine what it would be like if he couldn’t buy into any of it. This is a and white in the era of 3D and Dolby would ever notice her. She spies his coat family straight out of Hollywood, as is Surround Sound. Thankfully there are hanging on a rack and what she does the requisite Kumbaya note on which still those hardy souls who are willing to next tells us everything we need to know the film ends. A major disappointment back a film based on quality rather than about longing. A bookend to that scene from a good director and a talented cast. audience demographics. If you love film, is later in the film when George, who you cannot afford to miss “The Artist.” has now lost everything, finds himself A Better Use of Your Film Going staring at a tuxedo in a shop window. I Time (Now on DVD)“Point Blank” is The story set-up is pure melodrama. do not know who came up with these an adrenalin-fueled crime thriller from What better venue for such a story than scenes but standing by themselves they France that grips you from the first scene a silent film? George Valentin (Jean are worth the price of admission. to the last. It opens with a wounded Dujardin) is one of the kings of silent film. man being chased through a darkened A Douglas Fairbanks look alike, he is the building. Just when you think you know toast of Hollywood and the mainstay Bill Paterson is Of what is going on you get a sudden jolt. of Al Zimmer’s (John Goodman as a Counsel for Ferguson The scene then shifts to a Paris hospital crass cigar chewing Hollywood mogul) Case Orr Paterson where a male nurse unknowingly foils Kinascope Studios. One day, as George LLP. an assassination plot. Like the Robert is being fawned over by the press and Redford character in “Three Days of the eager fans, a young woman in the crowd Condor,” he is now a marked man for (Berenice Bejo) ends up having her 12 CITATIONS • FEBRUARY 2012 s a significant benefit to our members...the Ventura County Bar Association has identified these Insurance and Financial Planning Aprofessionals to accommodate your insurance needs. 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For many years, I would have answered wish to have me act as arbitrator after mediator. After a full day mediation this question “no.” Now I’m a fence the mediation. Usually, at some point session, the parties’ representatives were sitter. In the course of many years of during the session, many or most of the close to settlement on the majority of practice as a full-time neutral, I have issues either have been solved or I see the claims against the escrow in the run across conflicts in which the parties that they could be if a remaining issue or case, but three categories of claims were want a solution using a single neutral issues could be dealt with by a decision holding up complete agreement. When who agrees both to mediate and to maker. The parties then express the I suggested settling the issues that could arbitrate. Accordingly, I have developed conviction that it would be best for me be agreed to, while leaving for a later the ground rules for using it that I to be that decision maker. Frequently, arbitration the remaining issues, the discuss here. neither lawyer has had an earlier case parties were interested. Then, one of using this procedure and neither has the lawyers suggested that I serve as Mediator, then Arbitrator? thought about the implications. their arbitrator to decide those three From the parties’ viewpoint, having a categories of claims. When the other side single neutral sometimes makes sense. How to give the parties and counsel agreed, the parties’ representatives set to Initially at least, lawyers and their clients what they want while still preserving a work negotiating and documenting an are most interested in getting the dispute separation between the role of mediator arbitration procedure. The parties agreed resolved using all of the tools at their and that of arbitrator? There is little on the content of the evidence to be disposal. Having a mediator who can guidance in this area, for the most presented (without oral testimony) to also decide any issues that arise later is, part. If the case is administered by me. They also specified the award should of course, more cost effective for them, the American Arbitration Association, be enforceable under the New York since the neutral who understands the when the parties to a mediation request Convention. That stipulated dispute case already does not need to be brought the neutral to rule on issues that remain resolution process became part of the up to speed on the issues for decision to be decided after the bulk of the case parties’ settlement agreement, drafted after mediation. has settled, the Association requires by the lawyers and signed by the parties’ the neutral to prepare new written representatives. Later, I received the On the other hand, most ADR neutrals disclosures and allow the statutory evidence, deliberated, and then rendered are understandably wary, because we period (two weeks in California) to a final award. My award referenced the see the pitfalls. In mediation, we are elapse before acting in the new capacity. earlier settlement and decided the three acting as facilitators of the parties’ categories of claims the parties had settlement discussions. While our style My first ground rule for neutrals is: don’t submitted to me. The final award thus may be evaluative – in that we discuss initiate this suggestion. Let it come from gave a comprehensive and enforceable the likely outcomes if one or more of the parties instead. If they believe that framework to the entire dispute. the issues in the case were presented to you will bring value to the process, they a decision maker – we and the parties will ask you. Arbitrator, then Mediator? know that we are not serving in that No doubt many of us serving as altogether different, adjudicatory role. Second, design the process with care. arbitrators have arrived at the evidentiary Moreover, an indispensable tool in our Be sure to work through in your own hearings only to discover that the parties mediation work is the series of private mind the implications for you of want to attempt settlement beforehand. caucuses we hold with each side alone; wearing two hats. Gather all of the Sometimes they wish to do so alone, and indeed, we may not ever meet in joint tools you will need to accomplish each I have sat in an empty hearing room, session. We tell the parties that we will of your tasks. Have the parties agree to often with the court reporter, waiting keep in confidence the information they your roles, have the lawyers agree on a to learn if they have been successful. If divulge in those private caucus sessions. timetable for presentation of any facts they are, they put the agreement on the Some of this information is admissible and legal authorities, and decide how record and my service as their arbitrator evidence, but much more is not and its you will conduct both the settlement is over. reliability is untested. It is not entirely meetings and any possibly necessary possible for me to forget the private later arbitration. The more precision But what about the instance in which information received in a caucus when you bring to all of this at the outset, the the parties want me to shift roles from deciding an issue that remains after the smoother your service will be. arbitrator to mediator? Rule R-8 of mediation’s conclusion. the American Arbitration Association For example, in one recent international Commercial Arbitration Rules and In my experience, it is rare before the case involving claims submitted to Mediation Procedures states: “The mediation session for the parties even escrow for reimbursement after the sale mediator shall not be an arbitrator to raise the possibility that they might of a business, the parties chose me as their appointed to the case.” Is there ever FEBRUARY 2012 • CITATIONS 15

LLEGALEGAL MMALPRACTICEALPRACTICE EXPERT WITNESS EXPERT WITNESS & LAWYERS ADVOCATE and LAWYERS ADVOCATE STATE BAR DEFENSE STATE BAR DEFENSE an appropriate instance in which the reporter handy, all the better. Put the arbitrator does so anyway? agreement on the record and get the PHILLIP FELDMAN explicit consent of the parties themselves, B.S., M.B.A., J.D., AV. (Preeminent) In an employment arbitration some years not just their counsel. (Rule 4.5.6 of Fellow American Board of ago, when I appeared at the evidentiary the CPR-Georgetown Model Rule Professional Liability Attorneys hearing, the parties’ counsel asked if I for the Lawyer as Third Party Neutral would first attempt to settle the case. specifically provides for the parties’ (not Certified Specialist Legal Malpractice Since we had a court reporter present to just their lawyers’) informed agreement (ABPLA & American Bar Association) transcribe the hearing, I made a record, to the process.) To the extent you can first describing the request, confirming eliminate surprises in the process, you Former Judge Pro Tem that the parties themselves understood will find greater satisfaction with your Former State Bar Prosecutor and agreed to my serving as a mediator service, and the parties and their lawyers before the hearing started. When all will, too. Fee Arbitrator 35 years Litigator/Expert 44 years had agreed, I heard opening statements from each party and then mediated the Louise A. LaMothe Malp/Ethics Author case for several hours in private caucuses. is a full-time neutral, The case settled. based in Santa Barbara www.LegalMalpracticeExperts.com Email: [email protected] practicing throughout [email protected]

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Mr. Carrington is “very knowledgeable. Insurance companies Dorhout’s move to private practice respect his opinion. Extensive trial experience (ABOTA), excellent follows work at firms in Oxnard, mediator, fair, objective arbitrator. Extraordinarilywww.californianeutrals.org capable and forthcoming with efforts and involvement. He is very thorough Ventura, Westlake Village and a nearly Mr. Carrington is “very knowledgeable. Insurance companies respectand his fair.” opinion. Quote E fromxtensiv 2006e trial Consumer experience Lawyers (ABOT EvaluationsA), excellent four-year stint at the Ventura County mediator, fair, objective arbitrator. Extraordinarily capable and District Attorney’s Office. He has forthcoming with efforts and involvement. He is very thorough litigated all types of business, real estate and fair.” Quote from 2006 Consumer Lawyers Evaluations and probate matters and advised clients on many complex and general legal issues including partnership disputes, breach of contract, lease disputes, neighbor/HOA disputes, unlawful detainer, collection matters and real estate transactions. Mr. Carrington is “very knowledgeable. Insurance companies The Law Office of Kevin L. Dorhout can respect his opinion. Extensive trial experience (ABOTA), excellent mediator, fair, objective arbitrator. Extraordinarily capable and be reached at (805)206-8977, kevin@ forthcoming with efforts and involvement. He is very thorough dorhoutlaw.com or via www.dorhoutlaw. and fair.” Quote from 2006 Consumer Lawyers Evaluations com.

MUSEUM BUSINESS CONTACTS SOUGHT CITATIONS editorial board member 11TH HOUR MEDIATION Panda Kroll will teach “The Museum: It’s never too late to mediate. Culture, Business & Education,” an upper-division class for Business, Art and Education students at California State University, Channel Islands this DK Law Group Spring. Students will visit and study museums throughout Los Angeles and CAN’T SETTLE? Ventura Counties. Kroll is looking forward to collaborating with attorney GOT TRIAL? Accepting Civil Trial Miles Lang, who is the CEO of the DAVID M. KAREN, ESQ. Referrals/Associations of Counsel Chumash Indian Museum in Westlake Mediator and Active Trial Attorney Village. She asks that other VCBA 26 year Plainti And Defense Litigator members who are willing to share their [email protected] DK4LAW.com museum contacts contact her at panda. (805) 988-4728 11THHOURMEDIATION.COM [email protected]. FEBRUARY 2012 • CITATIONS 17

WOMEN LAWYERS OF irwin r. “rob” miller esq. VENTURA COUNTY mediation • arbitration Presents: A Reception with the Appellate Justices of Division Six Want to settle that case? A trial lawyer for over 35 years, I have For over a decade, bar associations in successfully tried and settled Santa Barbara and San Luis Obispo million and multi-million dollar cases. counties have graciously hosted an My experience and training will annual reception for the Appellate help settle your cases. Justices of the Second Appellate • J.D. Univ. of Cincinnati-Law Review Editor District, Division 6. Upon hearing that • ”AV” Rated Martindale-Hubbell there was no similar fete in Ventura, • Pepperdine Univ. School of Law-Straus Institute Jill Friedman, President of Women • Arbitration Panel Ventura County Lawyers of Ventura County, offered to • Ventura Center for Dispute Settlement host an event in Ventura County, where irwin r. “rob” miller esq. • Member of VCBA, LACBA the appellate courthouse is located. “It mediation • arbitration • Past President Hollywood Bar Association is funny how the obvious…isn’t,” wrote • Million and Multi-Million Dollar Advocates Forum Justice Steven Z. Perren in accepting the invitation. “Our physical location (805) 485-2700 Fax (805) 485-2751 does not reflect that we have any greater contact with the bar here than in SLO Email: [email protected] • Web: IRMlaw.net or SB.” Please join WLVC in making 300 Esplanade Drive, Suite 1760 • Oxnard, CA 93036 the “local” justices feel at home. The event will be held Wednesday, February 22 at The Tower Club, 300 East Esplanade Drive, 21st Floor from 5:30 P.M. – 7:30 P.M. Cost of BANKRUPTCY admission is $35 for WLVC members ATTORNEY and $45 for non-members and includes Outstanding bankruptcy litigator & strategist delicious light fare and refreshments. with 30+ years experience helps law firms Newly-retired Justice Paul Coffee and their clients with all aspects of bankruptcy. will receive special recognition for his • Aggressive & Creative Bankruptcy Advocacy years of dedicated service to the bench. All proceeds will benefit the Mary • All Aspects of Business & Personal Bankruptcies/ Reorganizations (Chapters 7, 11 & 13) Sullivan Scholarship Fund. RSVP by February 20 by sending check made • Debtor & Creditor Representation payable to “WLVC” to Tawnee Pena, • Bankruptcy Avoidance & Pre-Bankruptcy Strategies P.O. Box 7209, Ventura, CA 93006. • Protections from Foreclosures, Judgments, Settlements, Lawsuits, Liens, Debts, Collections • Protections Against Debtors Likely to File for Bankruptcy UCLA Law ✦ Phi Beta Kappa ✦ Magna Cum Laude 818.707.CADR 818.707.2237 ✦ Free Initial Consult ✦ Tip the scales of Exceptional Quality bankruptcy justice at Low Prices in your clients’ favor.  Law Offices of Philip D. Dapeer  A Law Corporation Ofﬁces in Westlake Village & Beverly Hills  805.557.7001 323.954.9144  [email protected] 18 CITATIONS • FEBRUARY 2012 We Read So You Don’t Have To: TEETH, NOT LIP SERVICE From a recent decision of the Court of Appeal, Fourth District, Division Three (Santa Ana):

“Sanctions are serious business. They deserve teeth are required. In this case, those teeth “If this be quixotic, so be it. Rocinante is more thought than the choice of a salad will take the form of sanctions. saddled up and we are prepared to tilt at this dressing. ‘I‘ll have the sanctions, please. No, windmill for as long as it takes. on second thought, bring me the balsamic; “We do not come to this conclusion lightly. I‘m trying to lose a few pounds.’ A request for Judges are lawyers, too. And while we have “We sanction Mr. Donahue in the amount sanctions can never be so lightly considered taken on a different role in the system, of $10,000. In arriving at that amount, as to be copied word for word from another we have not lost sight of how difficult it we have struggled with the absence of brief – much less copied in reliance on facts is to practice law. Indeed, at the appellate precedent. How much do you sanction from another case that do not obtain in the level, we are reminded daily how complex an attorney who lies to the court, seeks present one. A request for sanctions should and recondite the issues that confront unwarranted sanctions, bullies opposing be reserved for serious violations of the practitioners daily can be. counsel, shows no remorse, and effectively standard of practice, not used as a bullying vows to continue such tactics by endorsing tactic. “So we are loath to act in any way that his conduct when challenged on it? – does would seem to encourage courts to impose not seem to have been a question yet “Our profession is rife with cynicism, sanctions for mistakes or missteps. But for addressed by other courts.” awash in incivility. Lawyers and judges of serious and significant departures from the our generation spend a great deal of time standard of practice, for departures such Kim v. Westmoore Partners, Inc. (2011) lamenting the loss of a golden age when as dishonesty and bullying, such steps are 201 Cal.App.4th 267 (petition for review lawyers treated each other with respect and necessary. We will step onto the slippery pending as of January 23, 2012). See the courtesy. It’s time to stop talking about the slope and trust our colleagues on the trial full text of this case at http://www.courtinfo. problem and act on it. For decades, our court bench to tread carefully along with ca.gov/opinions/documents/G044216.PDF. profession has given lip service to civility. All us. It is time to make it clear that there is a we have gotten from it is tired lips. We have price to pay for cynical practices. reluctantly concluded lips cannot do the job;

Sometimes numbers are the only prints left behind.

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and impartiality of the judiciary.” Stanford month at a variety of locations. Contact ordered his son-in-law’s $500 ticket for Rennee to get into the loop at rdehesa@nchc. running a red light in 2010 be reduced to com...A survey of 45 large law firms showed $40. A clerk uncomfortable with Stanford’s the number of lawyers they employed handling of the case started the rumble… in 2011 didn’t change, but that doesn’t James Perero of Wasserman, Comden, mean the firms weren’t hiring. The survey et al. received the Oxnard Chamber of concluded the number of lawyers at the Commerce Chairman’s Award of Excellence firms was static last year, but lateral hiring on Jan. 28… has been robust… Steven Lee ran a 3:03 at the California International Marathon in The incredible run by one Dorothy Prairie, Sacramento on Dec. 4, a personal record for law office administrator at Hathaway, Steven. He plans on giving a sub-3 shot at Perrett, Webster, Powers, Chrisman & either the Ojai 2 Ocean Marathon in June, Gutierrez in Ventura, came to an end Dec. or the Chicago Marathon in October… 31, 2011, when Prairie retired from the Harlem, Montana? Ed Elrod at edward. Katie Pietrolungo has been elected and firm. That sounds pretty routine until you [email protected]... Southern Spain? installed as president of the California peel back the layers of this modest onion. Jon Light at [email protected]. The Young Lawyers Association of the State She retired after 45 years! Hired as the office Law Day 5K Committee started meeting in Bar of California. Past president of Ventura manager in 1966 by Julian Hathaway, January in preparation for the 29th annual County Barristers (2008), she may be Bob Soares, and Mike Perrett; Prairie was running. Mark your calendars for May 19 at congratulated at kpietrolungo@andersonkill. a fixture in the legal community teaching the County Government Center… com or better yet, 288.1300…As of Jan. 3, classes and being president of the Legal those trying to use the Grover Beach (SLO Secretaries Association. At 86, she still hikes Kendall VanConas became a name partner County) courthouse will be sent north. with the Sierra Club, and her husband, at A to Z on January 1st…The Jerome H. Citing unprecedented reductions in judicial Ken (84), is still working…The blog that Berenson Inn of Court is in full swing and funding, the courthouse at 214 S. 16th Street chronicles U.S. Supreme Court action is has been so since the first meeting back in in Grover Beach will move its hearings to the noticing a recent surge in solo dissents. The October. If you’d like to check out the action San Luis Obispo courthouse at 1035 Palm U.S. Supreme Court issued four opinions and be a guest at either the February-March- Street. Court leaders said in a statement on Jan. 10, all of them decided by an 8-1 April-May meetings, contact President they hope the “suspension of operations vote. Justice Antonin Scalia dissented in one David Lehr at [email protected] or is temporary and promise to aggressively opinion, Justice Clarence Thomas dissented 477.0070…Women Lawyers of Ventura seek restoration of the recent funding cuts in another, and Justice Ruth Bader Ginsburg County elected new officers 1.13.12. to ensure continuing access to justice for dissented in two cases. SCOTUSblog noted Jill Friedman will remain as president; everyone.”…Jamaica? Erik Feingold at the solo dissents and said they are relatively Charmaine Buehner, president-elect; [email protected] or 644.7188… rare. “Justice Stevens used to say that it Rebeca Mendoza, vice-president; Robert was sometimes important to have a dissent Guerra, secretary; Katie Hause, treasurer; Don Greenberg, vlsp, Inc. Emeritus to keep the majority honest,” the blog and Jodi Prior, past-president. They Attorney extraordinaire, was elected to a says. “I wonder if maybe Justice Ginsberg continue to meet the second Friday of each two-year term on the board of directors might be taking that role up a bit, now that month beginning at noontime inside the of the Retired Employees Association Justice Stevens has retired.” On Jan. 11, the bar offices…Stuart Nielson has joined the of Ventura County (REAVC)…A long- Supreme Court issued another 8-1 ruling, board of directors of the Boys & Girls Club serving and well respected Orange County and this time, Justice Sonia Sotomayor was of Greater Oxnard and Port Hueneme… Superior Court judge was ordered removed the only dissenter. Two other decisions issued from the bench Jan. 11 for fixing tickets of 1.11.12 were unanimous... Mike Case Steve Henderson has been the executive family and friends. The Commission on celebrated his 40th year of practicing law on director and chief executive officer at the bar Judicial Performance found that Richard Jan. 5 and ten years to the day his son, Rob, association since November 1990. He will be W. Stanford Jr. intervened on nine separate has been a lawyer too. Tebowing during the Bar Leaders Conference occasions between 2005 and 2010 to allow scheduled for February 11 beginning at acquaintances to pay greatly reduced traffic The Mexican American Bar Association 8:30 a.m. inside the Courtyard by Marriott. fines without having to appear in court. have elected their new officers for 2012. Henderson may be reached at [email protected], The San Francisco-based commission, President, Rennee Dehesa; Lou Kreuzer, Twitter at stevehendo1 or vcba1, FB, or better which disciplines state judges for ethical Vice President; Andres Garcia, Treasurer; yet, 650.7599. lapses, said Stanford’s removal is necessary and Claudia Calderon, Secretary. MABA to “restore public confidence in the integrity continues to meet the first Friday of each

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