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Attorney, Arbitrator, Author— Meet the Accomplished David Warren Judge Teresa Estrada-Mullaney Made a Difference in a Career Filled with “Firsts”

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Attorney, Arbitrator, Author— Meet the Accomplished David Warren Judge Teresa Estrada-Mullaney Made a Difference in a Career Filled with “Firsts” Serving San Luis Obispo County’s Legal Community March–April 2020 Attorney, Arbitrator, Author— Meet the Accomplished David Warren Judge Teresa Estrada-Mullaney Made a Difference in a Career Filled With “Firsts” ADDRESS SERVICE REQUESTED San Luis Obispo County Bar Association PO Box 585, San Luis Obispo, CA 93406 2 March–April 2020 www.slobar.org SLO County Bar Bulletin SAN LUIS OBISPO COUNTY BAR ASSOCIATION 2020 Board of Directors CONTENTS President Stephanie Barclay President’s Message—Vacations & Memberships Vice President Bring You Benefits 4 Joe Benson Editor’s Message 5 Secretary/Treasurer State of the Courts Reviewed in January 6 Trevor Creel Congratulations to James Murphy, 2019 Trial Lawyer 9 Immediate Past President Michael Pick Saying Yes to Your Heart’s Desires 10 Directors Creative Arbitration—Put These Ideas to Work 12 Ryan Andrews Kevin Elder Secret Lives of Lawyers— Michelle Gearhart David Warren Writes for the Thrill of It 14 James Graff-Radford “Temptation’s Prisoners”—A Book Review 16 Matthew Guerrero Kara Stein-Conaway Have You Met? 18 Lisa Toke Teresa Estrada-Mullaney—Breaking the Mold Bulletin Editor and Making a Difference 20 Raymond Allen U.S. Supreme Court Takes Up the First Ex-Officio 2nd Amendment Case Since Heller in 2008 26 Sheryl Wolcott “The Time Is Now” SLO Women’s March 24 Sections “Taking Up the Cause” of Financial Elder Abuse 26 Bar Bulletin Editorial and Advertisement Policy 30 Alternative Dispute Resolution Ray Mattison (805) 544-1232 Cover – Attorney David Warren. Photo by Christine Joo. Civil Litigation Gordon Bosserman (805) 543-4171 BAR BULLETIN COMMITTEE Criminal Defense Joseph Parker (805) 369-1413 Editor: Raymond Allen — (805) 541-1920 [email protected] Estates and Trusts Herb Stroh (805) 541-2800 Photographer: Christine Joo— [email protected] Family Law Greg Gillett (805) 980-9002 Publisher: Joni Hunt — [email protected] Labor & Employment Law Advertising: Nicole Johnson — (805) 541-5930 Jane Heath (805) 225-1773 [email protected] The Bar Bulletin, ©2020, is published six times a year by The San Luis Obispo County Bar Real Property Law Association, P.O. Box 585, San Luis Obispo, CA 93406, (805) 541-5930, and subscription is included in the membership dues. The Bar Bulletin welcomes and encourages articles and Kevin D. Elder (805) 541-2800 letters from readers. Please send them to Raymond Allen at the above e-mail address. The San Luis Obispo County Bar Association reserves the right to edit articles and letters for Emerging Lawyers publication. All material herein represents the views of the respective authors and does not Michael Chaloupka (805) 544-0100 necessarily carry the endorsement of the San Luis Obispo County Bar Association, its Board of Directors, its committees, and/or its sponsors and advertisers, unless specifically stated. SLO County Bar Bulletin www.slobar.org March–April 2020 3 by Stephanie Barclay Vacations & Membership Bring You Benefits… am back from Thailand Plan a vacation now. I’m already Tenant Protection Act of 2019. feeling jet lagged but thinking about my next trip. Then, April 16, Ventura- recharged! For the first The monthly bar meetings are based trial attorney Matthew time in more than six years, an essential part of bar participa- Haffner presents “Winning from I completely disconnected while tion. I am very grateful to San the Beginning—Jury Selection on vacation. I had no contact with Luis Obispo Bar Vice President and Opening Statements.” We are work from the moment I left Joe Benson for leading the State lucky to have these out-of-town the airport until the moment of the Courts meeting in January. experts present to us, and I hope I returned to the airport—12 I heard it was an excellent presen- you all can take advantage of glorious days. tation and I am sorry I missed it. these opportunities. I am one of the few fortunate I am really excited about our On January 25, while it was attorneys who actually loves March 19 speaker, Madeline 74 degrees in Avila Beach, your their job, but it is demanding and Howard, who is senior staff attor- board of directors met for our neverending, and I have never ney from the Western Center on annual “retreat” (meeting) at had good work-life boundaries. Law & Poverty, a statewide advo- the lovely conference room of It’s a problem and I know it. I was cacy organization with offices Adamski Moroski Madden & determined to disconnect this trip in Los Angeles, Sacramento and Green, LLP to discuss our plans and I succeeded. I turned off all Oakland. She comes to San Luis and goals for 2020. At the meet- calendar and email notifications, Obispo to discuss changes in ing, a board member shared that did not set up international wifi housing law (and in case you’ve some attorneys had questioned or roaming on my cell phone and been asleep for the past few the benefit of joining the San Luis left my office in the office. I trust- months, there are a lot of changes). Obispo Bar Association. ed my co-workers to handle Howard is the organization’s It took me a few minutes to everything and I knew I would expert on fair housing litigation, understand the question and have a huge stack of work waiting unlawful detainer appeals and articulate the benefits because, for me when I returned, but no issues impacting tenants in fore- for me, it has always been a given one would be harmed by my closed homes. She partners with that I would be a member of the absence. legal services attorneys on impact local bar where I practice law. I highly recommend that litigation to challenge discrimina- I want to work in a community everyone do this. I returned feel- tory housing practices and pre- with a strong active bar associa- ing like I actually had a vacation serve affordable housing. She tion that provides networking and could be a better mom to my travels around the state discussing and continuing education oppor- kids and advocate for my clients. housing law and the California tunities. 4 March–April 2020 www.slobar.org SLO County Bar Bulletin Let’s face it, being a lawyer membership and participation. You can update your member- is a tough job, so it’s nice to see And if that’s not enough of a ship on the bar’s website, sign up friendly faces in our court rooms reason, we also will be increasing for events there, and it’s a great and conference rooms. In order our non-member rates to attend way for future clients to find you. to have those opportunities, it bar events in order to provide I use the extended search feature requires that our bar association further incentive to join. Please on the website all the time when have dues-paying members. If check out our new and greatly making referrals. you want continuing education improved website, www.slobar. In fact, you should sign up for opportunities, summer socials, org, to sign up for events, find our next MCLE now while you’re holiday parties, specialty MCLE attorneys in specialty areas and thinking of it. I look forward sessions and other networking access past issues of our Bar to seeing you March 19 at the opportunities, join the bar asso- Bulletin electronically. Madonna Inn. n ciation because we depend on Editor’s Message by Raymond Allen FOR YOUR utting pen to paper is prepared within the preceding CALENDAR perhaps the hardest task for five years; (B) taking an open- or Pany lawyer. Oral advocacy closed-book self-test and submit- is a piece of cake once you have ting it to a provider who returns it clearly and concisely articulated with a grade and explanations of your thoughts in a brief or motion. correct answers; or (C) authoring Because writing is admittedly or co-authoring written materials hard work, few members are that (1) have contributed to the eager to spend their precious licensee’s legal education; (2) have BAR BULLETIN leisure time toiling at the key- been published or accepted for publi- DEADLINES board. It would not be unreason- cation; and (3) were not prepared in for advertisements, able to weigh the burden of the ordinary course of employment writing against the probable or in connection with an oral pres- payments and articles— benefit and come out on the side entation at an approved MCLE of gardening, hiking or surfing. activity. May/June Issue Many a writer has waxed One MCLE credit requires one March 25 poetic about the intrinsic value of hour of writing. The topic may writing. Clearly, for those writers, be anything that “contributes” July/August Issue writing is an existential endeavor. to your legal education. You are May 25 For others, some real world pay- almost guaranteed publication in off might be needed to motivate. the Bar Bulletin. Although this is In that vein, I remind all members a professional publication with September/October Issue that writing an article is another high standards, I am always July 25 avenue for Minimum Continuing seeking new content. Finally, Legal Education (MCLE) credits. the article you submit cannot November/December Issue Writing is a form of self-study be work product or a rehashed September 25 according to MCLE Rule 2.83: A presentation. licensee may claim up to half the So, if you are tired of buffet January/February 2021 credit hours required in a compli- luncheons and are interested in November 25 ance period for (A) completing garnering up to 12 MCLE credits, MCLE activities for which atten- perhaps it is time to put pen to dance is not verified by a provider paper.
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